1.This Act may be cited as the
Telework Enhancement Act of
2007
.
2.Federal
government telework requirement
(a)
(1)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)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 EmployeesWithin 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)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)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 EmployeesWithin 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)
(1)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 employeesThe 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).
3.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.
4.Telework managing
employee
(a)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)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)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.
5.Annual telework
agency rating
(a)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)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.
7In this Act:
(1)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)The term Executive agency has the meaning
given that term by section 105 of title 5, United States Code.
(3)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.
1.This Act may be cited as the
Telework Enhancement Act of
2007
.
2.In this Act:
(1)The
term employee has the meaning given that term by section 2105 of
title 5, United States Code.
(2)The term executive agency has the meaning
given that term by section 105 of title 5, United States Code.
(3)The
term noncompliant means not conforming to the requirements under
this Act.
(4)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.
3.Executive Agencies
telework requirement
(a)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)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.
4.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.
5.
(a)Agency consultation
with the Office of Personnel ManagementEach executive agency
shall consult with the Office of Personnel Management in developing telework
policies.
(b)Guidance and
consultationThe 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 plansDuring any period that an agency is operating
under a continuity of operations plan, that plan shall supersede any telework
policy.
(d)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.
6.Telework Managing
Officer
(a)
(1)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)
(A)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)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)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.
7.Annual Report to
Congress
(a)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)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.
8.Compliance of executive
agencies
(a)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)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)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 informationThe 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)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.
9.Congress and Legislative
Branch Agencies
(a)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)
(A)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
policiesNot 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)
(A)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
policiesNot 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
agenciesNot 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)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)
(A)The policies established under this section may be
similar to the policies established by executive agencies under this
Act.
(B)Nothing in this Act shall be construed as requiring
the application of sections 1 through 8 to any policy established under this
section.
10.Extension of travel
expenses test programs
(a)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)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).
October 1 (legislative day, September 17),
2008
Reported with an amendment