5 U.S.C. § 6501 — Definitions

Page 841 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6501 I of the Act is classified generally to subchapter I (§ 2611 et seq.) of chapter 28 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 29 and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 6 months after Feb. 5, 1993, see sec- tion 405(b)(1) of Pub. L. 103–3, set out as a note under section 2601 of Title 29, Labor. SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND EMERGENCIES § 6391. Authority for leave transfer program in disasters and emergencies (a) For the purpose of this section— (1) ‘‘employee’’ means an employee as de- fined in section 6331(1); and (2) ‘‘agency’’ means an Executive agency. (b) In the event of a major disaster or emer- gency, as declared by the President, that results in severe adverse effects for a substantial num- ber of employees, the President may direct the Office of Personnel Management to establish an emergency leave transfer program under which any employee in any agency may donate unused annual leave for transfer to employees of the same or other agencies who are adversely af- fected by such disaster or emergency. (c) The Office shall establish appropriate re- quirements for the operation of the emergency leave transfer program under subsection (b), in- cluding appropriate limitations on the donation and use of annual leave under the program. An employee may receive and use leave under the program without regard to any requirement that any annual leave and sick leave to a leave recipient’s credit must be exhausted before any transferred annual leave may be used. (d) A leave bank established under subchapter IV may, to the extent provided in regulations prescribed by the Office, donate annual leave to the emergency leave transfer program estab- lished under subsection (b). (e) Except to the extent that the Office may prescribe by regulation, nothing in section 7351 shall apply to any solicitation, donation, or ac- ceptance of leave under this section. (f) After consultation with the Administrative Office of the United States Courts, the Office of Personnel Management shall provide for the participation of employees in the judicial branch in any emergency leave transfer program under this section. (g) The Office shall prescribe regulations nec- essary for the administration of this section. (Added Pub. L. 105–18, title II, § 9004(a), June 12, 1997, 111 Stat. 196; amended Pub. L. 109–229, § 1, May 31, 2006, 120 Stat. 390.) Editorial Notes AMENDMENTS 2006—Subsecs. (f), (g). Pub. L. 109–229 added subsec. (f) and redesignated former subsec. (f) as (g). Executive Documents EX. ORD. NO. 13745. DELEGATION OF FUNCTION TO THE DIRECTOR OF THE OFFICE OF PERSONNEL MANAGEMENT Ex. Ord. No. 13745, Oct. 31, 2016, 81 F.R. 76493, pro- vided: By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, it is hereby ordered as follows: SECTION 1. (a) The Director of the Office of Personnel Management (OPM) is hereby authorized to exercise the function vested in the President by section 6391 of title 5, United States Code, of directing OPM to estab- lish an emergency leave transfer program. The Director of OPM shall exercise this authority in consultation with the Director of the Office of Management and Budget. (b) The Director of OPM shall notify the President of the establishment of any emergency leave transfer pro- gram pursuant to the authority in subsection (a). SEC. 2. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or enti- ties, its officers, employees, or agents, or any other person. BARACK OBAMA. CHAPTER 65—TELEWORK Sec. 6501. Definitions. 6502. Executive agencies telework requirement. 6503. Training and monitoring. 6504. Policy and support. 6505. Telework Managing Officer. 6506. Reports. § 6501. Definitions In this chapter: (1) EMPLOYEE.—The term ‘‘employee’’ has the meaning given that term under section 2105. (2) EXECUTIVE AGENCY.—Except as provided in section 6506, the term ‘‘executive agency’’ has the meaning given that term under section 105. (3) TELEWORK.—The term ‘‘telework’’ or ‘‘teleworking’’ refers to a work flexibility ar- rangement under which an employee performs the duties and responsibilities of such employ- ee’s position, and other authorized activities, from an approved worksite other than the lo- cation from which the employee would other- wise work. (Added Pub. L. 111–292, § 2(a), Dec. 9, 2010, 124 Stat. 3165.) Statutory Notes and Related Subsidiaries TELEWORK RESEARCH Pub. L. 111–292, § 4, Dec. 9, 2010, 124 Stat. 3173, provided that: ‘‘(a) RESEARCH BY OPM ON TELEWORK.—The Director of the Office of Personnel Management shall— ‘‘(1) research the utilization of telework by public and private sector entities that identify best prac- tices and recommendations for the Federal Govern- ment; ‘‘(2) review the outcomes associated with an in- crease in telework, including the effects of telework on energy consumption, job creation and availability, urban transportation patterns, and the ability to an- ticipate the dispersal of work during periods of emer- gency; and ‘‘(3) make any studies or reviews performed under this subsection available to the public. ‘‘(b) USE OF CONTRACT TO CARRY OUT RESEARCH.—The Director of the Office of Personnel Management may carry out subsection (a) under a contract entered into by the Director using competitive procedures under Page 842 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 6502 section 303 of the Federal Property and Administrative Services Act of 1949 ([former] 41 U.S.C. 253) [see 41 U.S.C. 3105, 3301, 3303 to 3305]. ‘‘(c) USE OF OTHER FEDERAL AGENCIES.—The heads of Federal agencies with relevant jurisdiction over the subject matters in subsection (a)(2) shall work coopera- tively with the Director of the Office of Personnel Man- agement to carry out that subsection, if the Director determines that coordination is necessary to fulfill ob- ligations under that subsection.’’ IMPLEMENTATION OF TELECOMMUTING PROGRAMS Pub. L. 108–7, div. B, title VI, § 623, Feb. 20, 2003, 117 Stat. 103, as amended by Pub. L. 111–292, § 2(b)(2)(A), Dec. 9, 2010, 124 Stat. 3170, provided that: ‘‘Of the funds appropriated in this Act [div. B of Pub. L. 108–7, see Ta- bles for classification] for the Departments of Com- merce, Justice, and State, the Judiciary, and the Small Business Administration, $100,000 shall be available to each Department or agency only to implement tele- commuting programs: Provided, That, 6 months after the date of enactment of this Act [Feb. 20, 2003] and every 6 months thereafter, each Department or agency shall provide a report to the Committees on Appropria- tions on the status of telecommuting programs, includ- ing the number of Federal employees eligible for, and participating in, such programs: Provided further, That each Department or agency shall designate a Telework Managing Officer to be responsible for overseeing the implementation of telecommuting programs and serve as a point of contact on such programs for the Commit- tees on Appropriations.’’ Similar provisions were contained in the following appropriation acts: Pub. L. 109–108, title VI, § 617, Nov. 22, 2005, 119 Stat. 2340, as amended by Pub. L. 111–292, § 2(b)(2)(D), Dec. 9, 2010, 124 Stat. 3171. Pub. L. 108–447, div. B, title VI, § 622, Dec. 8, 2004, 118 Stat. 2919, as amended by Pub. L. 111–292, § 2(b)(2)(C), Dec. 9, 2010, 124 Stat. 3171. Pub. L. 108–199, div. B, title VI, § 627, Jan. 23, 2004, 118 Stat. 99, as amended by Pub. L. 111–292, § 2(b)(2)(B), Dec. 9, 2010, 124 Stat. 3171. TELECOMMUTING IN EXECUTIVE AGENCIES Pub. L. 106–346, § 101(a) [title III, § 359], Oct. 23, 2000, 114 Stat. 1356, 1356A–36, provided that: ‘‘Each executive agency shall establish a policy under which eligible em- ployees of the agency may participate in telecom- muting to the maximum extent possible without di- minished employee performance. Not later than 6 months after the date of the enactment of this Act [Oct. 23, 2000], the Director of the Office of Personnel Management shall provide that the requirements of this section are applied to 25 percent of the Federal workforce, and to an additional 25 percent of such workforce each year thereafter.’’ § 6502. Executive agencies telework requirement (a) TELEWORK ELIGIBILITY.— (1) IN GENERAL.—Not later than 180 days after the date of enactment of this chapter, the head of each executive agency shall— (A) establish a policy under which eligible employees of the agency may be authorized to telework; (B) determine the eligibility for all em- ployees of the agency to participate in telework; and (C) notify all employees of the agency of their eligibility to telework. (2) LIMITATION.—An employee may not telework under a policy established under this section if— (A) the employee has been officially dis- ciplined for being absent without permission for more than 5 days in any calendar year; or (B) the employee has been officially dis- ciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties. (b) PARTICIPATION.—The policy described under subsection (a) shall— (1) ensure that telework does not diminish employee performance or agency operations; (2) require a written agreement that— (A) is entered into between an agency manager and an employee authorized to telework, that outlines the specific work ar- rangement that is agreed to; and (B) is mandatory in order for any em- ployee to participate in telework; (3) provide that an employee may not be au- thorized to telework if the performance of that employee does not comply with the terms of the written agreement between the agency manager and that employee; (4) except in emergency situations as deter- mined by the head of an agency, not apply to any employee of the agency whose official du- ties require on a daily basis (every work day)— (A) direct handling of secure materials de- termined to be inappropriate for telework by the agency head; or (B) on-site activity that cannot be handled remotely or at an alternate worksite; (5) be incorporated as part of the continuity of operations plans of the agency in the event of an emergency; and (6) enumerate the circumstances under which employees may be permitted to tempo- rarily perform work requirements and duties from approved overseas locations, provided that, except in emergency situations as deter- mined by the head of the agency, such cir- cumstances shall not include a situation in which an employee’s official duties require on at least a monthly basis the direct handling of secure materials determined to be inappro- priate for telework by the agency head. (c) REQUIRED TELEWORK.—If an agency places an employee in investigative leave under section 6329b, the agency may require the employee to, through telework, perform duties similar to the duties that the employee performs on-site if— (1) the agency determines that such a re- quirement would not— (A) pose a threat to the employee or oth- ers; (B) result in the destruction of evidence relevant to an investigation; (C) result in the loss of or damage to Gov- ernment property; or (D) otherwise jeopardize legitimate Gov- ernment interests; (2) the employee is eligible to telework under subsections (a) and (b) of this section; and (3) the agency determines that it would be appropriate for the employee to perform the duties of the employee through telework.