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S. 21IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2 · S. 21

Utilization data and reporting

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(a) Definitions In this section: (1) Agency office The term agency office means any office space— (A) that is owned or leased by an Executive department; and (B) in which not less than 1 employee of the Executive department described in subparagraph (A), or a contract employee with respect to that Executive department, regularly performs the duties of that employee or contract employee, as applicable. (2) Budget justification materials The term budget justification materials has the meaning given the term in section 3(b)(2)(A) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note). (3) Computer network The term computer network means software or a system— (A) that is operated by or for an Executive department; and (B) to which an employee of the Executive department described in subparagraph (A), or a contract employee with respect to that Executive department, is required to be digitally connected in order to work on behalf of that Executive department, such as to access the email account, user account, or file systems provided by the Executive department to that employee or contract employee, as applicable. (4) Contract employee The term contract employee means an individual who— (A) is not an employee of an Executive department; (B) is an employee of an entity that has entered into a contract with an Executive department; and (C) works pursuant to the contract described in subparagraph (B). (5) Executive department The term Executive department has the meaning given the term in section 101 of title 5, United States Code. (6) Login The term login means the act by which an employee of an Executive department, or a contract employee with respect to an Executive department, makes a digital connection to a computer network with respect to that Executive department. (7) Network traffic The term network traffic means the volume and flow of data across and within a computer network. (8) Teleworking employee The term teleworking employee means an employee of an Executive department, or a contract employee with respect to an Executive department, who is— (A) working on behalf of the Executive department and not detailed to a different Federal entity; and (B) covered by a telework agreement. (9) Working remotely The term working remotely means, with respect to a teleworking employee, that the teleworking employee is performing work duties on a computer while located physically outside of an agency office with respect to the applicable Executive department (or, with respect to a contract employee, outside of office space owned or leased by the entity that employs the contract employee). (b) Data collection The head of each Executive department shall— (1) not later than 180 days after the date of enactment of this Act, establish— (A) policies requiring the recording of the login activity of, and the network traffic that is generated by, each teleworking employee with respect to that Executive department; and (B) directives for managers of teleworking employees with respect to that Executive department to periodically review the network traffic generated by each such teleworking employee while that teleworking employee is working remotely; and (2) not later than 1 year after the date of enactment of this Act— (A) begin retaining the data described in paragraph (1)(A), which shall include, with respect to each teleworking employee with respect to that Executive department who is working remotely— (i) the average number of logins made each day by the teleworking employee; (ii) the average daily duration of the connection by the teleworking employee to the applicable computer network; and (iii) the network traffic that such teleworking employee generates while working remotely; and (B) establish a policy that the Executive department may dispose of data retained under subparagraph (A) not sooner than 3 years after the date on which the Executive department collects the data. (c) Swiped data collection Beginning on the date that is 180 days after the date of enactment of this Act, the head of each Executive department, with respect to each employee of the Executive department and each contract employee with respect to the Executive department who regularly performs the job duties of the employee or contract employee, as applicable, at the headquarters building of the Executive department— (1) shall require that employee or contract employee to use a Personal Identity Verification Card or Common Access Card, as applicable, to make a login; (2) shall collect login data by that employee or contract employee using a Personal Identity Verification Card or Common Access Card, as applicable, which shall include, with respect to the employee or contract employee— (A) the average number of logins made each day by the employee or contract employee; (B) the average daily duration of the connection by the employee or contract employee to the applicable computer network; and (C) the network traffic that such employee or contract employee generates while working from the headquarters building; (3) shall retain data collected under paragraph (2); and (4) may dispose of data retained under paragraph (3) not sooner than 3 years after the date on which the Executive department collects the data. (d) Report With respect to the first fiscal year that begins after the date that is 180 days after the date of enactment of this Act, and with respect to each fiscal year thereafter, the head of each Executive department shall publish the data collected pursuant to subsections (b)(2)(A) and (c)(2) in the budget justification materials of the Executive department in a format that, for the applicable fiscal year— (1) protects personally identifiable information; (2) compares the average login rates of teleworking employees working remotely on each weekday to the total number of teleworking employees approved to be working remotely on each weekday; and (3) compares the average login rates of teleworking employees working remotely on each weekday to the average login rates of employees working from the headquarters building of the Executive department.

Sec. 2: Utilization data and reporting · Public Law Tracker