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To enhance the Federal Telework Program.CommentsClose CommentsPermalink

March 27, 2007CommentsClose CommentsPermalink

Mr. STEVENS (for himself and, 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 AffairsCommentsClose CommentsPermalink

To enhance the Federal Telework Program.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the `‘Telework Enhancement Act of 2007'’. CommentsClose CommentsPermalink

SEC. 2. FEDERAL GOVERNMENTDEFINITIONS.

SEC. 3. EXECUTIVE AGENCIES TELEWORK REQUIREMENT.

(a) In General-(1) ELIGIBILITY- Within 1 yearTelework Eligibility- Not later than 180 days after the date of enactment of this Act, the head of each Executive agency shallexecutive agency shall-- CommentsClose CommentsPermalink





(1) establish a policy under which each employee of the agency, except as provided in subsection (d), shallligible employees of the agency may 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 operationsauthorized to telework; CommentsClose CommentsPermalink





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





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





(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 EMPLOYEESParticipation- The policy described under subsection (a) shall-- CommentsClose CommentsPermalink





(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 policyensure that telework 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 doesdiminish employee performance or agency operations; CommentsClose CommentsPermalink





(2) require a written agreement between an agency manager and an employee authorized to telework in order for that employee to participate in telework; CommentsClose CommentsPermalink





(3) provide that an employee may 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 be authorized to telework if the performance of that employee 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) doescomply with the terms of the written agreement between the agency manager and that employee; CommentsClose CommentsPermalink





(4) except in emergency situations as determined by an agency head, not apply to executive agency employees--(A) any employee of the agency whose official duties involve threquire daily physical presence for activity with equipment or 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; and CommentsClose CommentsPermalink





(5) determine the use of telework as ineligible to participate in telework employees whose duties are the same as, or similar to, the duties described in paragraph (1)part of the continuity of operations plans the agency in the event of an emergency. CommentsClose CommentsPermalink

SEC. 34. TRAINING AND MONITORING.

The head of each executive agency shall ensure that-- CommentsClose CommentsPermalink





(1) an interactive telework training program is incorporated in the agency's new employee orientation procedures;(2) periodic employee reviews are conducted forprovided to-- CommentsClose CommentsPermalink





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





(B) all employees, including those described in section 1(a)(3), to ascertain whether teleworkmanagers of teleworkers; CommentsClose CommentsPermalink





(2) no distinction is appropriate for the employee's job description and the extent to which itmade between teleworkers and nonteleworkers for the purposes of performance appraisals; and CommentsClose CommentsPermalink





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

(a) Agency Consultation With the Office of Personnel Management- Each executive agency shall consult with the Office of Personnel Management in developing telework policies. CommentsClose CommentsPermalink





(b) Guidance and Consultation- The Office of Personnel Management shall-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(2) consult with-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





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





(c) Continuity of Operations Plans- During any period that an agency is being utilized by the employeeoperating under a continuity of operations plan, that plan shall supersede any telework policy. CommentsClose CommentsPermalink





(d) Telework Website- The Office of Personnel Management shall-- CommentsClose CommentsPermalink





(1) maintain a central telework website; and CommentsClose CommentsPermalink





(2) include on that website related-- CommentsClose CommentsPermalink





(A) telework links; CommentsClose CommentsPermalink





(B) announcements; CommentsClose CommentsPermalink





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





(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. CommentsClose CommentsPermalink

SEC. 46. TELEWORK MANAGING EMPLOYEEOFFICER.

(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, respectiveln General- CommentsClose CommentsPermalink





(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 administrative oOffice of the Chief Human Capital Officer or a comparable office with similar functions. CommentsClose CommentsPermalink





(b) DUTIES- The2) TELEWORK COORDINATORS- CommentsClose CommentsPermalink





(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 shall--(1) serve as liaison between employees engaged in teleworking and their employing entity;(2) ensure that the organization's telework policyto be’. CommentsClose CommentsPermalink





(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 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- Theamended by striking ‘designate a ‘Telework Coordinator’ to be’ and inserting ‘appoint a Telework Managing Officer shall submit a report to the head of the employing agency,to be’. CommentsClose CommentsPermalink





(b) Duties- The Telework Managing Officer shall-- CommentsClose CommentsPermalink





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





(2) serve as-- CommentsClose CommentsPermalink





(A) an advisor for agency leadership, including the Chief Justice, the Speaker of the House of Representatives, or the Majority Leader of the Senate,Human Capital Officer; CommentsClose CommentsPermalink





(B) a resource for managers and employees; and CommentsClose CommentsPermalink





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





(3) perform other duties as the caseapplicable appointing authority may be, and the Comptroller General at least once every 12assign. CommentsClose CommentsPermalink

(a) Submission of Reports- Not later than 18 months that includes a statement of the applicable telework policy, a description ofafter the date of enactment of this Act and on an annual basis thereafter, the Director of the Office of Personnel Management shall-- CommentsClose CommentsPermalink





(1) submit a report addressing the telework programs of each executive agency to-- CommentsClose CommentsPermalink





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





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





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





(b) Contents- Each report submitted under this section shall include-- CommentsClose CommentsPermalink





(1) the telework policy, the measures in place to carry out the policy, and an analysis of the participation by employees of the entity in teleworkingemployee telework participation 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 provided by 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; CommentsClose CommentsPermalink





(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; CommentsClose CommentsPermalink





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





(4) the degree of participation by employees of each such entitagency in teleworking during the 12-month period covered by the report; and(3) for each executive agencyevaluation, including-- CommentsClose CommentsPermalink





(A) the number of employees in the agency;(B) the number of those employeesand percent of the employees in the agency who are eligible to telework; CommentsClose CommentsPermalink





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





(C) the number of employeesand percent of eligible employees in each agency who engage on a regular basis in teleworkinghave declined the opportunity to telework; and CommentsClose CommentsPermalink





(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 doeswere 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 inauthorized, willing, or able to telework and the reason; CommentsClose CommentsPermalink





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





(6) best practices in agency telework programs. CommentsClose CommentsPermalink

(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 that--(A) reduces or eliminates the employee's commute between his or her residence and his or her place of employment; and(B) occursduring at least 2 business0 percent of each pay period that the employee is performing officially assigned duties. CommentsClose CommentsPermalink





(b) Agency Manager Reports- Not later than 180 days per week on a recurring basis.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-- CommentsClose CommentsPermalink





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





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





(c) Chief Human Capital Officer Reports- CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





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





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





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





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





(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-- CommentsClose CommentsPermalink





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





(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. CommentsClose CommentsPermalink