Text: S.1000 — 110th Congress (2007-2008)All Bill Information (Except Text)

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Reported to Senate (10/01/2008)

Calendar No. 1101

110th CONGRESS
2d Session
S. 1000

To enhance the Federal Telework Program.


IN THE SENATE OF THE UNITED STATES
March 27, 2007

Mr. Stevens (for himself, Ms. Landrieu, Mr. Coleman, and Mr. Voinovich) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

October 1 (legislative day, September 17), 2008

Reported by Mr. Lieberman, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

To enhance the Federal Telework Program.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “Telework Enhancement Act of 2007”.

SEC. 2. Federal government telework requirement.

(a) In General.—

(1) ELIGIBILITY.—Within 1 year after the date of enactment of this Act, the head of each Executive agency shall establish a policy under which each employee of the agency, except as provided in subsection (d), shall be eligible to participate in telework.

(2) PARTICIPATION POLICY.—The policy shall ensure that eligible employees participate in telework to the maximum extent possible without diminishing employee performance or agency operations.

(b) Application to Judicial Branch Employees.—Within 1 year after the date of enactment of this Act, the Chief Justice of the United States shall establish a policy for employees of the judicial branch under which such employees, except employees designated by the Chief Justice as employees to whom the policy does not apply, shall participate in telework to the maximum extent possible without diminishing employee performance or judicial operations.

(c) Application to Legislative Branch Employees.—

(1) HOUSE OF REPRESENTATIVES.—Within 1 year after the date of enactment of this Act, the Speaker of the House of Representatives, in consultation with the Minority Leader of the House, shall establish a policy for employees of the House of Representatives under which such employees, except employees designated by the Speaker as employees to whom the policy does not apply, shall participate in telework to the maximum extent possible without diminishing employee performance or House operations.

(2) SENATE.—Within 1 year after the date of enactment of this Act, the Majority Leader of the Senate, in consultation with the Minority Leader of the Senate, shall establish a policy for employees of the Senate under which such employees, except employees designated by the Majority Leader as employees to whom the policy does not apply, shall participate in telework to the maximum extent possible without diminishing employee performance or Senate operations.

(3) OTHER LEGISLATIVE BRANCH EMPLOYEES.—Within 1 year after the date of enactment of this Act, the Speaker of the House of Representatives and the Majority Leader of the Senate jointly shall establish a policy for employees of the legislative branch who are not employees of either House under which such employees, except employees designated by the Speaker and the Majority Leader as employees to whom the policy does not apply, shall participate in telework to the maximum extent possible without diminishing employee performance or legislative branch operations.

(d) Ineligible Employees.—

(1) EXECUTIVE AGENCIES.—Subsection (a)(1) does not apply to executive agency employees—

(A) whose duties involve the daily handling of secure materials, necessary contact with special equipment, or daily physical presence;

(B) who are assigned to national security or intelligence functions; or

(C) whose functions are otherwise inappropriate for teleworking and which are designated by the head of the agency as functions to which the policy does not apply.

(2) JUDICIAL AND LEGISLATIVE BRANCH EMPLOYEES.—The Chief Justice and the officers of the Senate and House of Representatives described in subsection (c) may designate as ineligible to participate in telework employees whose duties are the same as, or similar to, the duties described in paragraph (1).

SEC. 3. Training and monitoring.

The head of each executive agency shall ensure that—

(1) telework training is incorporated in the agency’s new employee orientation procedures;

(2) periodic employee reviews are conducted for all employees, including those described in section 1(a)(3), to ascertain whether telework is appropriate for the employee’s job description and the extent to which it is being utilized by the employee.

SEC. 4. Telework managing employee.

(a) In General.—The head of each executive agency, the Chief Justice, the Speaker of the House of Representatives, and the Majority Leader of the Senate shall appoint a full time senior level employee of the agency, the judicial branch, the House of Representatives, and the Senate, respectively as the Telework Managing Officer. The Telework Managing Office shall be established within the office of the chief administrative officer or a comparable office with similar functions.

(b) Duties.—The Telework Managing Officer shall—

(1) serve as liaison between employees engaged in teleworking and their employing entity;

(2) ensure that the organization’s telework policy is communicated effectively to employees;

(3) encourage all eligible employees to engage in telework to the maximum practicable extent consistent with meeting performance requirements and maintaining operations;

(4) assist the head of the agency in the development and maintenance of agencywide telework policies;

(5) educate administrative units on telework policies, programs, and training courses;

(6) provide written notification to all employees of specific telework programs and employee eligibility;

(7) focus on expanding and monitoring agency telework programs;

(8) recommend and oversee telework-specific pilot programs for employees and managers, including tracking performance and monitoring activities;

(9) promote teleconferencing devices;

(10) develop monthly productivity awards for teleworkers;

(11) develop and administer a telework performance reporting system; and

(12) assist the head of the agency in designating employees to telework to continue agency operations in the event of a major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)).

(c) Report.—The Telework Managing Officer shall submit a report to the head of the employing agency, the Chief Justice, the Speaker of the House of Representatives, or the Majority Leader of the Senate, as the case may be, and the Comptroller General at least once every 12 months that includes a statement of the applicable telework policy, a description of measures in place to carry out the policy, and an analysis of the participation by employees of the entity in teleworking during the preceding 12-month period.

SEC. 5. Annual telework agency rating.

(a) In General.—The Comptroller General shall establish a system for evaluating—

(1) the telework policy of each executive agency, the judicial branch, and the legislative branch; and

(2) on an annual basis the participation in teleworking by their employees.

(b) Report.—The Comptroller General shall publish a report each year rating—

(1) the telework policy of each entity to which this Act applies;

(2) the degree of participation by employees of each such entity in teleworking during the 12-month period covered by the report; and

(3) for each executive agency—

(A) the number of employees in the agency;

(B) the number of those employees who are eligible to telework;

(C) the number of employees who engage on a regular basis in teleworking; and

(D) the number of employees who engage on an occasional or sporadic basis in teleworking.

SEC. 7 Definitions.

In this Act:

(1) EMPLOYEE.—The term “employee” has the meaning given that term by section 8101(1) of title 5, United States Code, but does not include—

(A) justices of the Supreme Court, judges of Courts of Appeals, or judges of the District Courts;

(B) a Member of the United States House of Representatives; or

(C) a United States Senator.

(2) EXECUTIVE AGENCY.—The term “Executive agency” has the meaning given that term by section 105 of title 5, United States Code.

(3) TELEWORK.—The term “telework” means a work arrangement in which an employee regularly performs officially assigned duties at home or other worksites geographically convenient to the residence of the employee that—

(A) reduces or eliminates the employee’s commute between his or her residence and his or her place of employment; and

(B) occurs at least 2 business days per week on a recurring basis.

SECTION 1. Short title.

This Act may be cited as the “Telework Enhancement Act of 2007”.

SEC. 2. Definitions.

In this Act:

(1) EMPLOYEE.—The term “employee” has the meaning given that term by section 2105 of title 5, United States Code.

(2) EXECUTIVE AGENCY.—The term “executive agency” has the meaning given that term by section 105 of title 5, United States Code.

(3) NONCOMPLIANT.—The term “noncompliant” means not conforming to the requirements under this Act.

(4) TELEWORK.—The term “telework” means a work arrangement in which an employee regularly performs officially assigned duties at home or other worksites geographically convenient to the residence of the employee during at least 20 percent of each pay period that the employee is performing officially assigned duties.

SEC. 3. Executive Agencies telework requirement.

(a) Telework Eligibility.—Not later than 180 days after the date of enactment of this Act, the head of each executive agency shall—

(1) establish a policy under which eligible employees of the agency may be authorized to telework;

(2) determine the eligibility for all employees of the agency to participate in telework; and

(3) notify all employees of the agency of their eligibility to telework.

(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 between an agency manager and an employee authorized to telework in order for that employee to participate in telework;

(3) provide that an employee may not be authorized 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 determined by an agency head, not apply to any employee of the agency whose official duties require daily physical presence for activity with equipment or handling of secure materials; and

(5) determine the use of telework as part of the continuity of operations plans the agency in the event of an emergency.

SEC. 4. Training and monitoring.

The head of each executive agency shall ensure that—

(1) an interactive telework training program is provided to—

(A) employees eligible to participate in the telework program of the agency; and

(B) all managers of teleworkers;

(2) no distinction is made between teleworkers and nonteleworkers for the purposes of performance appraisals; and

(3) when determining what constitutes diminished employee performance, the agency shall consult the established performance management guidelines of the Office of Personnel Management.

SEC. 5. Policy and support.

(a) Agency consultation with the Office of Personnel Management.—Each executive agency shall consult with the Office of Personnel Management in developing telework policies.

(b) Guidance and consultation.—The Office of Personnel Management shall—

(1) provide policy and policy guidance for telework in the areas of pay and leave, agency closure, performance management, official worksite, recruitment and retention, and accommodations for employees with disabilities; and

(2) consult with—

(A) the Federal Emergency Management Agency on policy and policy guidance for telework in the areas of continuation of operations and long-term emergencies; and

(B) the General Services Administration on policy and policy guidance for telework in the areas of telework centers, travel, technology, equipment, and dependent care.

(c) Continuity of operations plans.—During any period that an agency is operating under a continuity of operations plan, that plan shall supersede any telework policy.

(d) Telework website.—The Office of Personnel Management shall—

(1) maintain a central telework website; and

(2) include on that website related—

(A) telework links;

(B) announcements;

(C) guidance developed by the Office of Personnel Management; and

(D) guidance submitted by the Federal Emergency Management Agency, and the General Services Administration to the Office of Personnel Management not later than 10 business days after the date of submission.

SEC. 6. Telework Managing Officer.

(a) In general.—

(1) APPOINTMENT.—The head of each executive agency shall appoint an employee of the agency as the Telework Managing Officer. The Telework Managing Officer shall be established within the Office of the Chief Human Capital Officer or a comparable office with similar functions.

(2) TELEWORK COORDINATORS.—

(A) APPROPRIATIONS ACT, 2004.—Section 627 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2004 (Public Law 108–199; 118 Stat. 99) is amended by striking “designate a ‘Telework Coordinator’ to be” and inserting “appoint a Telework Managing Officer to be”.

(B) APPROPRIATIONS ACT, 2005.—Section 622 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2919) is amended by striking “designate a ‘Telework Coordinator’ to be” and inserting “appoint a Telework Managing Officer to be”.

(b) Duties.—The Telework Managing Officer shall—

(1) be devoted to policy development and implementation related to agency telework programs;

(2) serve as—

(A) an advisor for agency leadership, including the Chief Human Capital Officer;

(B) a resource for managers and employees; and

(C) a primary agency point of contact for the Office of Personnel Management on telework matters; and

(3) perform other duties as the applicable appointing authority may assign.

SEC. 7. Annual Report to Congress.

(a) Submission of reports.—Not later than 18 months after the date of enactment of this Act and on an annual basis thereafter, the Director of the Office of Personnel Management shall—

(1) submit a report addressing the telework programs of each executive agency to—

(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B) the Committee on Oversight and Government Reform of the House of Representatives; and

(2) transmit a copy of the report to the Comptroller General and the Office of Management and Budget.

(b) Contents.—Each report submitted under this section shall include—

(1) the telework policy, the measures in place to carry out the policy, and an analysis of employee telework participation during the preceding 12-month period provided by each executive agency;

(2) an assessment of the progress of each agency in maximizing telework opportunities for employees of that agency without diminishing employee performance or agency operations;

(3) the definition of telework and telework policies and any modifications to such definitions;

(4) the degree of participation by employees of each agency in teleworking during the period covered by the evaluation, including—

(A) the number and percent of the employees in the agency who are eligible to telework;

(B) the number and percent of employees who engage in telework;

(C) the number and percent of eligible employees in each agency who have declined the opportunity to telework; and

(D) the number of employees who were not authorized, willing, or able to telework and the reason;

(5) the extent to which barriers to maximize telework opportunities have been identified and eliminated; and

(6) best practices in agency telework programs.

SEC. 8. Compliance of executive agencies.

(a) Executive agencies.—An executive agency shall be in compliance with this Act if each employee of that agency participating in telework regularly performs officially assigned duties at home or other worksites geographically convenient to the residence of the employee during at least 20 percent of each pay period that the employee is performing officially assigned duties.

(b) Agency Manager Reports.—Not later than 180 days after the establishment of a policy described under section 3, and annually thereafter, each agency manager shall submit a report to the Chief Human Capital Officer and Telework Managing Officer of that agency that contains a summary of—

(1) efforts to promote telework opportunities for employees supervised by that manager; and

(2) any obstacles which hinder the ability of that manager to promote telework opportunities.

(c) Chief Human Capital Officer Reports.—

(1) IN GENERAL.—Each year the Chief Human Capital Officer of each agency, in consultation with the Telework Managing Officer of that agency, shall submit a report to the Chair and Vice Chair of the Chief Human Capital Offices Council on agency management efforts to promote telework.

(2) REVIEW AND INCLUSION OF RELEVANT INFORMATION.—The Chair and Vice Chair of the Chief Human Capital Offices Council shall—

(A) review the reports submitted under paragraph (1);

(B) include relevant information from the submitted reports in the annual report to Congress required under section 7(b)(2); and

(C) use that relevant information for other purposes related to the strategic management of human capital.

(d) Compliance reports.—Not later than 90 days after the date of submission of each report under section 7, the Office of Management and Budget shall submit a report to Congress that—

(1) identifies and recommends corrective actions and time frames for each executive agency that the Office of Management and Budget determines is noncompliant; and

(2) describes progress of noncompliant executive agencies, justifications of any continuing noncompliance, and any recommendations for corrective actions planned by the Office of Management and Budget or the executive agency to eliminate noncompliance.

SEC. 9. Congress and Legislative Branch Agencies.

(a) Definition.—In this section, the term “legislative branch agencies” means the Government Accountability Office, the Library of Congress, the Government Printing Office, the Capitol Guide Service, the Capitol Police, the Congressional Budget Office, the Office of the Architect of the Capitol, the Office of the Attending Physician, and the Office of Compliance.

(b) Application to legislative branch employees.—

(1) SENATE.—

(A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Committee on Rules and Administration of the Senate, in consultation with the majority leader and minority leader of the Senate, shall establish guidelines for a policy under which employees of the Senate, except employees designated by the applicable employing authority to whom the policy does not apply, may be authorized to telework.

(B) ESTABLISHMENT OF POLICIES.—Not later than 180 days after the establishment of telework policy guidelines under subparagraph (A), each employing authority that is included under such guidelines shall submit to the Committee on Rules and Administration of the Senate a telework policy for applicable employees.

(2) HOUSE OF REPRESENTATIVES.—

(A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Committee on House Administration of the House of Representatives, in consultation with the Speaker and minority leader of the House of Representatives, shall establish guidelines for a policy under which employees of the House of Representatives, except employees designated by the applicable employing authority to whom the policy does not apply, may be authorized to telework.

(B) ESTABLISHMENT OF POLICIES.—Not later than 180 days after the establishment of telework policy guidelines under subparagraph (A), each employing authority that is included under such guidelines shall submit to the Committee on House Administration of the House of Representatives a telework policy for applicable employees.

(3) LEGISLATIVE BRANCH AGENCIES.—Not later than 180 days after the date of enactment of this Act, the heads of the legislative branch agencies shall establish a policy for their respective employees under which such employees, except employees designated by the heads of each agency to whom the policy does not apply, may be authorized to telework.

(4) TRAINING.—Each employee and manager of that employee participating in telework under a policy established under this section shall be required to participate in a telework training program.

(5) SIMILAR POLICIES.—

(A) IN GENERAL.—The policies established under this section may be similar to the policies established by executive agencies under this Act.

(B) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed as requiring the application of sections 1 through 8 to any policy established under this section.

SEC. 10. Extension of travel expenses test programs.

(a) In general.—Section 5710 of title 5, United States Code, is amended—

(1) in subsection (a)(1), by striking “for a period not to exceed 24 months”; and

(2) in subsection (e), by striking “7 years” and inserting “16 years”.

(b) Effective date.—The amendments made by this section shall take effect as though enacted as part of the Travel and Transportation Reform Act of 1998 (Public Law 105–264; 112 Stat. 2350).


Calendar No. 1101

110th CONGRESS
     2d Session
S. 1000

A BILL
To enhance the Federal Telework Program.

October 1 (legislative day, September 17), 2008
Reported with an amendment