[Congressional Record Volume 155, Number 51 (Wednesday, March 25, 2009)]
[Senate]
[Pages S3795-S3797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself and Mr. Voinovich):
  S. 707. A bill to enhance the Federal Telework Program; to the 
Committee on Homeland Security and Governmental Affairs.
  Mr. AKAKA. Mr. President, today I introduce the Telework Enhancement 
Act of 2009 to allow greater workplace flexibility for Federal workers 
and agencies. I am pleased to be joined in this effort by my good 
friend, Senator George Voinovich.
  Flexible work arrangements referred to generally as ``telework'' have 
emerged as an important part of Federal agencies' management tools and 
continuity of operations plans during emergencies, allowing employees 
to work from home or a remote location. As the Internet and 
technologies have advanced and become integrated into the modern work 
environment, opportunities for employees to securely and efficiently 
perform their official duties from a remote location also have 
expanded.
  Last Congress, as Chairman of the Subcommittee on Oversight of 
Government Management, the Federal Workforce, and the District of 
Columbia, I joined Ranking Member Voinovich in holding a hearing to 
assess telework policies and initiatives within the Federal Government. 
Witnesses testified to the benefits of increased telework opportunities 
within the Federal workforce, including lower vehicle emissions 
associated with commuting, better work-life balance, reduced overhead 
costs for agencies, and increased trust and communication between 
employees and their managers.
  Expanding telework options helps the Federal Government attract and 
retain talented employees. With a large portion of the Federal 
workforce eligible for retirement in the coming years, it is essential 
for agencies to develop management tools to enhance recruitment and 
retention. This bill would provide Federal agencies with an important 
tool to remain competitive in the modern workplace and would offer a 
flexible option for human capital management.
  Despite these benefits, witnesses also testified that many agencies 
hesitate to implement broad telework programs. The witnesses cite 
agency leadership and management resistance as the greatest barriers to 
the development of robust telework policies. Even the head of the 
Patent and Trademark Office acknowledged that without his persistent 
leadership and commitment to telework, the PTO would not have the 
beneficial program that it does today.
  In the past, Congress has approved provisions in appropriations bills 
to enhance telework opportunities within the Federal Government and 
encouraged agencies to implement comprehensive telework programs. 
However, Congress has not approved an authorization bill to make all 
Federal employees presumptively eligible to telework unless an 
employing agency expressly determined otherwise. Last Congress I 
offered an amendment in the nature of a substitute to S. 1000, a 
telework bill introduced by Senators Stevens and Landrieu. My amendment 
was adopted by the Committee on Homeland Security and Governmental 
Affairs and the amended bill was reported on the floor of the Senate.
  The Telework Enhancement Act of 2009 builds on those efforts by 
laying the groundwork for robust telework policies in each executive 
agency. The Office of Personnel Management, OPM, would work with 
agencies to provide guidance and consultation on telework policies and 
goals. A Telework Managing Officer, TMO, would also be created within 
each agency. The TMO's primary responsibilities would be to monitor and 
develop agency telework policies, and act as a resource for employees 
and managers on telework issues.
  This bill does more than provide guidelines for the development of 
robust telework policies; it prohibits discrimination against employees 
who chose to telework, guaranteeing those employees will not be 
disadvantaged in performance evaluations, pay, or benefits. This bill 
also holds agencies accountable by requiring the submission of telework 
data to OPM. OPM is then responsible for submitting an annual report to 
Congress, which summarizes the telework data and reports on the 
progress of each agency in achieving its telework goals.
  I am proud to join Senator Voinovich in introducing the Telework 
Enhancement Act of 2009. We must make sure agencies have the tools 
necessary to make the Federal Government an employer of choice in the 
twenty-first century; enhancing telework options will further that 
goal. I urge my colleagues to support this legislation
  Mr. President, 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. 707

       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 
     2009''.

     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

[[Page S3796]]

       (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) no distinction is made between teleworkers and 
     nonteleworkers 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 established 
     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, 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''.
       (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 ``designate 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;
       (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.

[[Page S3797]]

     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 2009.''.
       (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.''.
  Mr. VOINOVICH. Mr. President, I am pleased to join my good friend and 
partner on human capital issues, Senator Daniel K. Akaka, in 
introducing the Telework Enhancement Act of 2009.
  One of my top priorities as a Senator has been to transform the 
culture of the Federal workforce, something I conscientiously undertook 
with the city and State workforces as Mayor of Cleveland and Governor 
of Ohio. I know that investing in our workforce pays off.
  We have an aging workforce that has difficulty attracting young 
people to public service careers. The image of the public sector can be 
bureaucratic--an impression that too often discourages young, creative 
college graduates. We must be able to recruit the best candidates, 
provide training and professional development opportunities, and reward 
good performance.
  To compete as an employer of choice in the fast-paced 21st century 
knowledge economy and improve our competitiveness, we need to create an 
environment that supports those with the desire and commitment to 
serve. Just as other aspects of their lives have been informed by 
technology, we need to acknowledge that this next generation will have 
different expectations of what it means to go to work. The growth of 
Web 2.0 hand held devices makes it far more likely that working anytime 
from most anywhere will be the new norm.
  As I stated in my 2000 report to the President on the Crisis in Human 
Capital, Federal agencies should enable as many employees as possible 
to telecommute or participate in other types of flexible workplace 
programs. Not only would this make Federal service more attractive to 
many employees, especially parents of young children, it has the 
potential to reduce traffic congestion and pollution in large 
metropolitan areas. According to the Telework Exchange, the average 
round trip commute is 50 miles, and commuters spend an average of 264 
hours per year commuting. Looking at the Federal Government, if all 
Federal employees who are eligible to telework full time were to do so, 
the Federal workforce could realize $13.9 billion savings in commuting 
costs annually and eliminate 21.5 billion pounds of pollutants out of 
the environment each year. Though more difficult to quantify, but 
equally important, is the improved work/life balance which has a 
positive effect on employee morale. An additional reason that was made 
plain on September 11, 2001, is the need for a workforce that can be 
dispersed and decentralized so that essential functions can continue 
during an emergency.
  The legislation we introduce today helps ensure that executive 
agencies better integrate telework into their human capital planning, 
establishes a level playing field for employees who voluntarily elect 
to telework, and improves program accountability.
  According to the most recent OPM survey on Federal human capital, 
only 22 percent of employees when asked about work/life and family 
friendly benefits said that they were satisfied with current telework/
telecommuting opportunities. Another 37 percent responded that they had 
no basis to judge. Even though teleworking has increased since OPM 
began reporting in 2001, participation is far short of what it should 
be and what the Federal workforce needs if our government is to remain 
an employer of choice. While most Federal agencies have made progress, 
the overall number of teleworkers decreased by approximately 15,000 
employees between 2006 and 2007, according to the Office of Personnel 
Management. In addition, less than 8 percent of eligible Federal 
employees telework regularly.
  I urge my colleagues to join Senator Akaka and me in ensuring the 
Federal Government better integrates telework into its operational 
plans.
                                 ______