[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 707 Reported in Senate (RS)]
Calendar No. 362
111th CONGRESS
2d Session
S. 707
[Report No. 111-177]
To enhance the Federal Telework Program.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2009
Mr. Akaka (for himself, Mr. Voinovich, and Ms. Landrieu) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
May 3, 2010
Reported by Mr. Lieberman, with amendments
[Omit the part struck through 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
<DELETED>2009</DELETED>2010''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Employee.--The term ``employee'' has the meaning given
that term under section 2105 of title 5, United States Code.
(2) Executive agency.--Except as provided in section 7, the
term ``executive agency'' has the meaning given that term under
section 105 of title 5, United States Code.
(3) Telework.--The term ``telework'' means a work
arrangement in which an employee performs officially assigned
duties at home or other worksites geographically convenient to
the residence of the employee.
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 that--
(A) is entered into between an agency manager and
an employee authorized to telework, that outlines the
specific work arrangement that is agreed to; and
(B) is mandatory in order for any 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 the
head of an agency, not apply to any employee of the agency
whose official duties require on a daily basis (every work
day)--
(A) direct handling of secure materials; or
(B) on-site activity that cannot be handled
remotely or at an alternate worksite; and
(5) be incorporated as part of the continuity of operations
plans of the agency in the event of an emergency.
SEC. 4. TRAINING AND MONITORING.
(a) In General.--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) except as provided under subsection (b), an employee
has successfully completed the interactive telework training
program before that employee enters into a written agreement to
telework described under section 3(b)(2);
(3) <DELETED>no distinction is made between</DELETED>
teleworkers and nonteleworkers are treated the same for
purposes of--
(A) periodic appraisals of job performance of
employees;
(B) training, rewarding, reassigning, promoting,
reducing in grade, retaining, and removing employees;
(C) work requirements; or
(D) other acts involving managerial discretion; and
(4) when determining what constitutes diminished employee
performance, the agency shall consult the <DELETED>established</DELETED>
performance management guidelines of the Office of Personnel
Management.
(b) Training Requirement Exemptions.--The head of an executive
agency may provide for an exemption from the training requirements
under subsection (a), if the head of that agency determines that the
training would be unnecessary because the employee is already
teleworking under a work arrangement in effect before the date of
enactment of this Act.
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;
(2) assist each agency in establishing appropriate
qualitative and quantitative measures and teleworking goals;
and
(3) 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.--
(1) Incorporation into continuity of operations plans.--
Each executive agency shall incorporate telework into the
continuity of operations plan of that agency.
(2) Continuity of operations plans supersede telework
policy.--During any period that an executive 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) Designation.--The head of each executive agency shall
designate 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, 2003.--Section 623 of the
Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act,
2003 (Public Law 108-7; 117 Stat. 103) is amended by
striking ``designate a `Telework Coordinator' to be''
and inserting ``designate a Telework Managing Officer
to be''.
<DELETED>(A)</DELETED>(B) 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 ``designate a
Telework Managing Officer to be''.
<DELETED>(B)</DELETED>(C) 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 ``designate a
Telework Managing Officer to be''.
(D) Appropriations act, 2006.--Section 617 of the
Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006 (Public Law 109-108; 119 Stat.
2340) is amended by striking ``maintain a `Telework
Coordinator' to be'' and inserting ``maintain 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 delegating
authority may assign.
SEC. 7. REPORTS.
(a) Definition.--In this section, the term ``executive agency''
shall not include the Government Accountability Office.
(b) Reports by the Office of Personnel Management.--
(1) 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,
in consultation with Chief Human Capital Officers Council,
shall--
(A) submit a report addressing the telework
programs of each executive agency to--
(i) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(ii) the Committee on Oversight and
Government Reform of the House of
Representatives; and
(B) transmit a copy of the report to the
Comptroller General and the Office of Management and
Budget.
(2) Contents.--Each report submitted under this subsection
shall include--
(A) the degree of participation by employees of
each executive agency in teleworking during the period
covered by the report (and for each executive agency
whose head is referred to under section 5312 of title
5, United States Code, the degree of participation in
each bureau, division, or other major administrative
unit of that agency), including--
(i) the total number of employees in the
agency;
(ii) the number and percent of employees in
the agency who are eligible to telework; and
(iii) the number and percent of eligible
employees in the agency who are teleworking--
(I) 3 or more days per pay period;
(II) 1 or 2 days per pay period;
(III) once per month; and
(IV) on an occasional, episodic, or
short-term basis;
(B) the method for gathering telework data in each
agency;
(C) if the total number of employees teleworking is
10 percent higher or lower than the previous year in
any agency, the reasons for the positive or negative
variation;
(D) the agency goal for increasing participation to
the extent practicable or necessary for the next
reporting period, as indicated by the percent of
eligible employees teleworking in each frequency
category described under subparagraph (A)(iii);
(E) an explanation of whether or not the agency met
the goals for the last reporting period and, if not,
what actions are being taken to identify and eliminate
barriers to maximizing telework opportunities for the
next reporting period;
(F) an assessment of the progress each agency has
made in meeting agency participation rate goals during
the reporting period, and other agency goals relating
to telework, such as the impact of telework on--
(i) emergency readiness;
(ii) energy use;
(iii) recruitment and retention;
(iv) performance;
(v) productivity; and
(vi) employee attitudes and opinions
regarding telework; and
(G) the best practices in agency telework programs.
(c) Comptroller General Reports.--
(1) Report on government accountability office telework
program.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act and on an annual basis
thereafter, the Comptroller General shall submit a
report addressing the telework program of the
Government Accountability Office to--
(i) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(ii) the Committee on Oversight and
Government Reform of the House of
Representatives.
(B) Contents.--Each report submitted by the
Comptroller General shall include the same information
as required under subsection (b) applicable to the
Government Accountability Office.
(2) Report to congress on office of personnel management
report.--Not later than 6 months after the submission of the
first report to Congress required under subsection (b), the
Comptroller General shall review that report required under
subsection (b) and submit a report to Congress on the progress
each executive agency has made towards the goals established
under section 5(b)(2).
(d) Chief Human Capital Officer Reports.--
(1) In general.--Each year the Chief Human Capital Officer
of each executive 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 Officers
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 Officers
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
subsection (b); and
(C) use that relevant information for other
purposes related to the strategic management of human
capital.
SEC. 8. AUTHORITY FOR TELEWORK TRAVEL EXPENSES TEST PROGRAMS.
(a) In General.--Chapter 57 of title 5, United States Code, is
amended by inserting after section 5710 the following:
``Sec. 5711. Authority for telework travel expenses test programs
``(a)(1) Notwithstanding any other provision of this subchapter,
under a test program which the Administrator of General Services
determines to be in the interest of the Government and approves, an
employing agency may pay through the proper disbursing official any
necessary travel expenses in lieu of any payment otherwise authorized
or required under this subchapter for employees participating in a
telework program. An agency shall include in any request to the
Administrator for approval of such a test program an analysis of the
expected costs and benefits and a set of criteria for evaluating the
effectiveness of the program.
``(2) Any test program conducted under this section shall be
designed to enhance cost savings or other efficiencies that accrue to
the Government.
``(3) Under any test program, if an agency employee voluntarily
relocates from the pre-existing duty station of that employee, the
Administrator may authorize the employing agency to establish a
reasonable maximum number of occasional visits to the pre-existing duty
station before that employee is eligible for payment of any accrued
travel expenses by that agency.
``(4) Nothing in this section is intended to limit the authority of
any agency to conduct test programs.
``(b) The Administrator shall transmit a copy of any test program
approved by the Administrator under this section, and the rationale for
approval, to the appropriate committees of Congress at least 30 days
before the effective date of the program.
``(c)(1) An agency authorized to conduct a test program under
subsection (a) shall provide to the Administrator, the Telework
Managing Officer of that agency, and the appropriate committees of
Congress a report on the results of the program not later than 3 months
after completion of the program.
``(2) The results in a report described under paragraph (1) may
include--
``(A) the number of visits an employee makes to the pre-
existing duty station of that employee;
``(B) the travel expenses paid by the agency;
``(C) the travel expenses paid by the employee; or
``(D) any other information the agency determines useful to
aid the Administrator, Telework Managing Officer, and Congress
in understanding the test program and the impact of the
program.
``(d) No more than 10 test programs under this section may be
conducted simultaneously.
``(e) The authority to conduct test programs under this section
shall expire 7 years after the date of the enactment of the Telework
Enhancement Act of <DELETED>2009</DELETED>2010.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 5, United States Code, is amended by inserting
after the item relating to section 5710 the following:
``5711. Authority for telework travel expenses test programs.''.
SEC. 9. PATENT AND TRADEMARK OFFICE TRAVEL EXPENSES TEST PROGRAM.
(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) by striking subsection (e) and inserting the following:
``(e)(1) The Patent and Trademark Office shall conduct a test
program under this section.
``(2) In conducting the program under this subsection, the Patent
and Trademark Office may pay any travel expenses of an employee for
travel to and from a Patent and Trademark Office worksite, if--
``(A) the employee is employed at a Patent and Trademark
Office worksite and enters into an approved telework
arrangement;
``(B) the employee requests to telework from a location
beyond the local commuting area of the Patent and Trademark
Office worksite; and
``(C) the Patent and Trademark Office approves the
requested arrangement for reasons of employee convenience
instead of an agency need for the employee to relocate in order
to perform duties specific to the new location.
``(3)(A) The Patent and Trademark Office shall establish an
oversight committee comprising an equal number of members representing
management and labor, including representatives from each collective
bargaining unit.
``(B) The oversight committee shall develop the operating
procedures for the program under this subsection to--
``(i) provide for the effective and appropriate functioning
of the program; and
``(ii) ensure that--
``(I) reasonable technological or other
alternatives to employee travel are used before
requiring employee travel, including teleconferencing,
videoconferencing or internet-based technologies;
``(II) the program is applied consistently and
equitably throughout the Patent and Trademark Office;
and
``(III) an optimal operating standard is developed
and implemented for maximizing the use of the telework
arrangement described under paragraph (2) while
minimizing agency travel expenses and employee travel
requirements.
``(4)(A) The test program under this subsection shall be designed
to enhance cost savings or other efficiencies that accrue to the
Government.
``(B) The Director of the Patent and Trademark Office shall--
``(i) prepare an analysis of the expected costs and
benefits and a set of criteria for evaluating the
effectiveness of the program; and
``(ii) before the test program is implemented,
submit the analysis and criteria to the Administrator
of General Services and to the appropriate committees
of Congress.
``(C) With respect to an employee of the Patent and Trademark
Office who voluntarily relocates from the pre-existing duty station of
that employee, the operating procedures of the program may include a
reasonable maximum number of occasional visits to the pre-existing duty
station before that employee is eligible for payment of any accrued
travel expenses by the Office.
``(D)(i) Not later than 3 months after completion of the test
program under this subsection, the Director of the Patent and Trademark
Office shall provide a report on the results of the program to the
Administrator of General Services and to the appropriate committees of
Congress.
``(ii) The results in the report described under paragraph (1) may
include--
``(I) the number of visits an employee makes to the pre-
existing duty station of that employee;
``(II) the travel expenses paid by the Office;
``(III) the travel expenses paid by the employee; or
``(IV) any other information that the Director determines
may be useful to aid the Administrator and Congress in
understanding the test program and the impact of the program.
``(E) In this paragraph, the term `appropriate committees of
Congress' means--
``(i) the Committees on Homeland Security and Governmental
Affairs and on the Judiciary of the Senate; and
``(ii) the Committees on Government Oversight and Reform
and on the Judiciary of the House of Representatives.
``(f)(1) Except as provided under paragraph (2), the authority to
conduct test programs under this section shall expire 7 years after the
date of the enactment of the Travel and Transportation Reform Act of
1998.
``(2) The authority to conduct a test program by the Patent and
Trademark Office under this section shall expire 20 years after the
date of the enactment of the Travel and Transportation Reform Act of
1998.''.
(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. 362
111th CONGRESS
2d Session
S. 707
[Report No. 111-177]
_______________________________________________________________________
A BILL
To enhance the Federal Telework Program.
_______________________________________________________________________
May 3, 2010
Reported with amendments