[Congressional Record Volume 153, Number 53 (Tuesday, March 27, 2007)]
[Senate]
[Pages S3843-S3845]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. STEVENS (for himself and Ms. Landrieu):
  S. 1000. A bill to enhance the Federal Telework Program; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. STEVENS. Mr. President, today I am joined by Senator Landrieu in 
introducing the Telework Enhancement Act of 2007. This legislation will 
build on the existing Federal telework program to ensure maximum 
participation in the program among those in the Federal workforce. This 
measure will improve the cost-efficiency of the Federal Government and 
will also serve to reduce traffic congestion and thereby save fuel and 
greenhouse gas emissions. It will also enhance efforts by the Federal 
Government with respect to continuity of operations, COOP, provide 
employee incentives to attract and retain highly skilled Federal 
personnel, and provide a model for the private sector.
  In 2000, the key legislation affecting telework in the Federal 
Government was signed into law as part of that year's highway bill. The 
enacted provision provided that ``each executive agency . . . establish 
a policy under which eligible employees of the agency may participate 
in telecommuting to the maximum extent possible without diminished 
employee performance.'' The measure was intended to apply to 25 percent 
of the Federal workforce, and to an additional 25 percent of the 
workforce each year thereafter.
  The objective of that measure, as outlined in the bill's conference 
report, was to ``reduce traffic congestion'' and to allow Federal 
employees to telework to the maximum extent possible. The Report also 
made clear that each Federal agency was to establish telework criteria, 
and remove any ``managerial, logistical, organizational, or other 
barriers to full implementation and successful functioning of the 
policy. . . and provide for adequate administrative, human resources, 
technical, and logistical support for carrying out the policy.''
  The lead agencies that have carried out this telework mandate are 
Office of Personnel Management, OPM, and the General Services 
Administration, GSA. Together these agencies formed a common Web site 
www.telework.gov to facilitate the advancement of the program, which 
has had a degree of success. As of 2004, of the 1.7 million Federal 
employees in the 82 agencies, 752,337 had been deemed eligible for 
telework, which was an increase from 521,542 in 2001. But despite a 
very loose definition of ``telework,'' which only requires that an 
employee work from home 1 day per week to be considered a 
``teleworker,'' 140,694, or 19 percent of those eligible, were deemed 
as having teleworked in 2004. Critics argue that this low percentage of 
teleworkers comparable to the much larger pool of telework-eligible 
employees can be attributed to insufficient employee education, program 
coordination, and workforce culture issues.

  While OPM and GSA should be commended for the strides they have made 
in implementing the Federal telework program, there are several 
enhancements to the program that can be made legislatively to 
facilitate the original goal of maximizing telework among eligible 
Federal employees.
  The bill we introduce today would, among other things: invert the 
telework eligibility presumption to make all Federal employees eligible 
unless expressly determined otherwise; revise the definition of 
``telework'' to be an arrangement where the employee regularly works at 
an alternate site at least 2 business days per week in order to reduce 
his/her commute, the current definition only requires 1 day; require 
that each agency designate a full-time Telework Managing Officer, TMO, 
within the agency's chief administrative office, or comparable agency 
office, to oversee the respective agency's telework program; require 
that the TMO coordinate the telework policy for the agency or office, 
serve as the liaison between employees and managers, and keep employees 
informed of their telework eligibility; require the TMO to work to 
expand the agency's telework program, oversee the COOP program, and 
develop a telework performance and accountability system; require the 
TMO to submit a report to the head of the agency annually with an 
analysis of measures in place to carry out the telework policy; and 
require the Government Accountability

[[Page S3844]]

Office, GAO, to evaluate each agency's telework policy, and publish a 
report that rates each policy and the level of employee participation.
  The events of September 11, 2001, the anthrax attacks that occurred 
shortly thereafter, and the recent severe weather experienced across 
the country have focused our attention on the importance of energy 
independence, as well as our need to be prepared in the event of a 
disaster. This legislation would be a step toward achieving these 
broader national strategic objectives, and I urge my colleagues to 
support it.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1000

       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.
  Mr. KENNEDY. Mr. President, stroke is a devastating disease that 
affects young and old, women and men, regardless of their race or 
ethnic background. The physical, emotional, and financial toll of 
stroke on individuals and their families is enormous.
  Fortunately, we have achieved major advances in the prevention and 
treatment of stroke in recent years that have reduced the high toll of 
death and disability. The Nation's investment in research through the 
National Institutes of Health has led to many of

[[Page S3845]]

these advances, and it's tragic that so many stroke patients do not yet 
have access to these advances.
  That's why Senator Cochran and I have introduced the bipartisan 
Stroke Treatment and Ongoing Prevention Act in Congress, to help bring 
what we've learned in the laboratory to the bedside of the patient more 
quickly. Both Houses of Congress know the importance of this issue, and 
identical legislation has been introduced in the House of 
Representatives. This bill is intended to become a national commitment 
to end the suffering from stroke. It will also be a promise that every 
American can lead a better and healthier life.
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