U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

79–010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–526 

Calendar No. 1101 

TELEWORK ENHANCEMENT ACT OF 2007 

R E P O R T 

OF THE

COMMITTEE ON HOMELAND SECURITY AND 

GOVERNMENTAL AFFAIRS 

UNITED STATES SENATE 

TO ACCOMPANY

S. 1000 

TO ENHANCE THE FEDERAL TELEWORK PROGRAM 

NOVEMBER 19, 2008.—Ordered to be printed 


wwoods2 on PRODPC68 with REPORTSE:\Seals\Congress.#13
(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

BARACK OBAMA, Illinois 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

SUSAN M. COLLINS, Maine 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

PETE V. DOMENICI, New Mexico 

JOHN WARNER, Virginia 

JOHN E. SUNUNU, New Hampshire 

MICHAEL L. ALEXANDER, Staff Director 

KEVIN J. LANDY, Chief Counsel 

LAWRENCE B. NOVEY, Senior Counsel 

KENYA N. WILEY, Counsel 

THOMAS J.R. RICHARDS, Professional Staff Member, Subcommittee on Oversight of Government 

Management, the Federal Workforce, and the District of Columbia 

BRANDON L. MILHORN, Minority Staff Director and Chief Counsel 

AMANDA WOOD, Minority Director for Governmental Affairs 

JENNIFER A. HEMINGWAY, Minority Staff Director, Subcommittee on Oversight of Government 

Management, the Federal Workforce, and the District of Columbia 

TRINA DRIESSNACK TYRER, Chief Clerk 


wwoods2 on PRODPC68 with REPORTS
Calendar No. 1101 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–526 

TELEWORK ENHANCEMENT ACT OF 2007 

NOVEMBER 19, 2008.—Ordered to be printed 

Mr. LIEBERMAN, from the Committee on Homeland Security and 

Governmental Affairs, submitted the following 

R E P O R T 

[To accompany S. 1000] 

The Committee on Homeland Security and Governmental Affairs, 

to which was referred the bill (S. 1000) to enhance the Federal 

Telework Program, having considered the same, reports favorably 

thereon with an amendment and recommends that the bill do pass. 

CONTENTS 

Page 

I. Purpose and Summary .................................................................................. 1 

II. Background and Need for the Legislation ................................................... 1 

III. Legislative History ......................................................................................... 6 

IV. Section-by-Section Analysis .......................................................................... 7 

V. Estimated Cost of Legislation ....................................................................... 10 

VI. Evaluation of Regulatory Impact .................................................................. 11 

VII. Changes in Existing Law .............................................................................. 12 

I. PURPOSE AND SUMMARY

S. 1000, the Telework Enhancement Act of 2007, requires federal 

agencies to establish telework policies, determine the eligibility of 

employees to participate in telework programs, establish a 

Telework Managing Officer, and improve the reporting on telework 

programs. 

II. BACKGROUND AND NEED FOR THE LEGISLATION

Precursors to telework in the federal government date back as 

far as the 1930s, when employees worked from their homes or 

other off-site locations on issues as sensitive as financial reports of 


wwoods2 on PRODPC68 with REPORTS
2 

1 Congressional Research Service Report, Telework in the Federal Government: Background, 

Policy, and Oversight (RL30863), by Lorraine H. Tong and Barbara L. Schwemle (April 3, 2002), 

at page 3. 2 Id. 

3 Id., at pages 3–5. 

4 U.S. Office of Personnel Management, Status of Telework in the Federal Government: Report 

to Congress 2007 (December 2007), available online at [http://www.telework.gov/Reportsl andlStudies/AnnuallReports/2007lTeleworkReport.pdf] (hereinafter referred to as the ‘‘2007 

Telework Status Report’’), at page 2. 5 CRS Report, note 1 above, at Summary page. 

6 Hearing on ‘‘Assessing Telework Policies and Initiatives in the Federal Government,’’ before 

this Committee’s Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia, 110th Congress, 1st Session, June 12, 2007, S. Hrg. 110– 

390 (hereinafter referred to as the ‘‘Telework Hearing’’). 

credit union examinations.1 In the 1960s a consultant rocket scientist named Jack Nilles teleworked from Los Angeles to Washington, DC for the U.S. Air Force Space Program, and in 1973 he 

coined the terms ‘‘teleworking’’ and ‘‘telecommuting.’’2 Over the 

subsequent decades, federal agencies began promoting ‘‘flexiplace’’ 

programs under which federal personnel worked from home or remote sites, and, by the early 1990s, the President’s Council on 

Management Improvement implemented a pilot flexiplace program 

government-wide.3 Over the past decade, advances in information 

and computer technology have greatly increased the ability of many 

federal employees to work from home or from other locations convenient to home, and in 2006 there were over 110,000 employees 

teleworking in the federal government.4

This Committee believes that telework is an important tool for 

agencies to use in improving many areas of their operations. The 

Congressional Research Service has summarize a number of the 

ways in which telework is seen as offering valuable benefits to 

agencies: 

Management considerations, such as productive and satisfied workers; environmental considerations, such as reduced traffic congestion and improved air quality; and 

quality of life considerations, such as accommodating the 

short- or long-term health problems or family responsibilities of employees, have been offered as justification for 

telework programs. Some believe that the September 11, 

2001, terrorist attacks on the World Trade Center and the 

Pentagon, and the discovery of anthrax in Washington, 

DC, and other cities have fundamentally changed the 

workplace and demonstrated the practical application of 

telework to the continued operation of the government. 

Issues of security, crisis management, disaster recovery, 

and remote access to office computer systems are prompting some federal executive and legislative branch agencies 

and their employees to expand existing telework programs 

or to consider telework.5

Information about how telework can be a powerful management 

tool for federal agencies was presented at a hearing before this 

Committee’s Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia.6 In the 

area of human capital management, an Office of Personnel Management (OPM) representative testified that ‘‘telework is a useful 

tool which can help attract and retain a 21st century high-perVerDate Aug 31 2005 04:08 Nov 21, 2008 Jkt 079010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR526.XXX SR526

wwoods2 on PRODPC68 with REPORTS
3 

7Testimony of Mr. Daniel A. Green, Deputy Associate Director for Employee and Family Support Policy, Strategic Human Resources Policy Division, Office of Personnel Management, at 

Telework Hearing, note 6 above. 8Testimony of the Honorable Jon W. Dudas, Under Secretary of Commerce for Intellectual 

Property and Director, U.S. Patent & Trademark Office, at Telework Hearing, note 6 above. 9Testimony of Mr. Stan Kaczmarczyk, Principle Deputy Associate Administrator for Government-Wide Policy, General Services Administration, at Telework Hearing, note 6 above. 10 Id. 11 Id. 12 U.S. Department of Transportation, National Strategy to Reduce Congestion on America’s 

Transportation Network (May 2006), available online at [http://isddc.dot.gov/OLPFiles/OST/ 

012988.pdf]. 13Testimony of Jon Dudas, note 8 above. 14Testimony of Stanley Kaczmarczyk, note 9 above. 

forming workforce that produces high-quality results,’’7 and the Director of the U.S. Patent and Trademark Office (PTO), reported on 

his agency’s own experience that telework ‘‘allows for decreased 

commute time, greater control over workloads, and even a more 

balanced lifestyle. This all translates into increased employee productivity and satisfaction, as well as higher employee retention.’’8

According to testimony of a representative from the General 

Services Administration (GSA), telework is also a natural mechanism for agencies’ Continuity of Operations (COOP) Plans for emergencies,9 such as natural disasters or terrorist attacks that prevent 

employees from getting to the agency’s offices. To be an effective 

part of the COOP Plan, telework must be a part of the agency’s 

normal operations, ‘‘so that employees may fully transition to this 

alternative work arrangement in the event of an emergency. The 

result would be a more well trained and properly equipped work 

force that is allowed to participate in telework to the maximum extent possible.’’10

Telework also has beneficial impacts on traffic congestion, the 

environment, and energy conservation. As the GSA witness explained, the Federal government is the largest employer in the 

United States as well as the largest employer in the National Capital Region, and strikingly large benefits could accrue if half of the 

federal workforce were to telework two days per week: ‘‘that theoretically could cut nearly a fourth (23 percent), or 944,000 tons of 

work trip emissions produced by federal workers who commute to 

work in single occupancy vehicles. Collectively, these teleworkers 

could theoretically save nearly 2 billion miles of vehicle travel, 

more than 90 million gallons of gasoline, more than 277 million 

dollars in gasoline expenses, and more than 32,000 typical work 

years of time.’’11 This is one reason that the U.S. Department of 

Transportation includes expansion of telecommuting as a key part 

of the National Strategy to Reduce Congestion on America’s Transportation Network.12

Witnesses at the hearing also testified about creative arrangements to get the most benefit out of telework. One such measure 

is called ‘‘hoteling,’’ where employees are not assigned a permanent 

office workspace, yielding significant cost savings. The Director of 

PTO testified that his agency’s telework program ‘‘combines management-by-objective with hoteling, which translates into documented space and related cost-savings for the PTO.’’13 A GSA witness further testified that ‘‘telework combined with alternative 

officing can enable agencies to reduce cost and improve the utilization of existing facilities.’’14


wwoods2 on PRODPC68 with REPORTS
4 

15Pub. L. No. 101–509, Sec. 624 (Nov. 5, 1990). 16Pub. L. No. 104–52, Sec. 620 (Nov. 19, 1995). 17Pub. L. No. 106–346, Sec. 359 (Oct. 23, 2003). 18 Id. 19 U.S. Office of Personnel Management, The Status of Telework in the Federal Government 

2002, available online at [http://www.telework.gov/ReportslandlStudies/twlrpt02/statustoc.aspx]; U.S. Office of Personnel Management, The Status of Telework in the Federal Government 2005 (December 2005), available online at [http://www.telework.gov/ twlrpt05/index.aspx]. 20 Id., at page i. 21 U.S. Government Accountability Office, Human Capital: Further Guidance, Assistance, and 

Coordination Can Improve Federal Telework Efforts (GAO–03–679) (July 2003). 22Pub. L. No. 108–199, Sec. 627 (Jan. 23, 2004). 23Pub. L. No. 108–447, Sec. 622 (Dec. 8, 2004). 24 Id. 

Congress has long recognized that telework by federal personnel 

can yield important benefits to agencies and the public, and Congress previously has mostly used the appropriations process to support telework policies and programs. In 1990 the Treasury, Postal 

Service, and General Government Appropriations Act for fiscal year 

1991 authorized federal agencies to pay for telephone lines, related 

equipment, and monthly fees in the homes of teleworkers participating in a telework pilot program.15 Five years later, that authorization was made permanent in the same appropriations bill for fiscal year 1996.16

In October 2000, the Department of Transportation and Related 

Appropriations Act for fiscal year 2001 included provisions that required each executive agency ‘‘to establish a policy under which eligible employees of the agency may participate in telecommuting to 

the maximum extent possible without diminished employee performance,’’ and required the Director of OPM to apply the requirements of the legislation to 25 percent of the federal workforce population in 2001 and to an additional 25 percent of the federal workforce population each year thereafter.17 To further keep track of 

agencies’ compliance with telework requirements, the legislation required the OPM to conduct an annual survey of federal agencies’ 

implementation of telework.18

OPM reported that, between 2001 and 2004, the number of federal employees eligible to telework rose from 521,542 to 752,337, 

bringing the total eligibility up to 44 percent of the 1.7 million 

member federal workforce.19 Furthermore, the number of federal 

employees who were actually teleworking rose from 72,844 to 

140,694 between 2001 and 2004.20 However, in 2003, the Government Accountability Office (GAO) reported that, since each agency 

had its own telework policy to fit the agency’s mission and culture, 

efforts to report on and measure telework programs were inconsistent.21

In response to the low percentage of federal employees actually 

participating in telework, Congress adopted a requirement, as part 

of the fiscal year 2004 Commerce, Justice, State, the Judiciary, and 

Related Agencies Appropriations Act, that agencies must designate 

an employee to be the telework coordinator and take on the responsibility of developing agency telework programs.22 The next year, 

Congress approved a provision in the fiscal year 2005 Commerce, 

Justice, and State Appropriations Act that required each agency 

within that bill’s jurisdiction to report to the Appropriations Committees and certify that telework opportunities were offered to 100 

percent of the eligible workforce.23 If agencies did not meet this requirement, $5 million would be withheld from their funding.24 SubVerDate Aug 31 2005 04:08 Nov 21, 2008 Jkt 079010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR526.XXX SR526

wwoods2 on PRODPC68 with REPORTS
5 

25Pub. L. No. 109–108, Secs. 617 and 619 (Nov. 22, 2005). 26 2007 Telework Status Report, note 4 above. 27 Id., at page 8. 28 Id., at page 6. 29Oral testimony of Dudas at Telework Hearing, note 6 above, at page 13. 30Telework Exchange and the Federal Managers Association, Face-to-Face with Management 

Reality—A Telework Research Report (January 22, 2007), available online at [http:// 

www.teleworkexchange.com/managementstudy/Face-to-Face-with-Management-Reality-Study012207.pdf], at slide 5. 31Testimony of Tom Davison, Trustee, Chapter 275, Environmental Protection Agency Region 

5 FMA, at Telework Hearing, note 6 above. 32 Id. 

sequently, the Science, State, Justice, Commerce, and Related 

Agencies Appropriations Act for fiscal year 2006 included provisions to withhold $5 million from those agencies if they had not increased the number of eligible teleworkers above the previous 

year’s level and provide quarterly reports to the Appropriations 

Committee on the status.25

Despite these actions by Congress, and despite resources provided by OPM and GSA, only 110,592 employees were teleworking 

in the federal government and only slightly more than half of those 

employees were teleworking one or more days per week, according 

to the 2007 Annual Telework Report from OPM.26 In comparison, 

1,250,980 employees were eligible to telework and only 554,761 employees were ineligible to telework.27 When looking at significant 

barriers to telework, OPM’s 2007 telework survey reported that 60 

percent of agencies said ensuring adequate ‘‘office coverage’’ (i.e., 

ensuring that necessary in-office functions are staffed) was a barrier, 49 percent cited ‘‘management resistance,’’ and 46 percent said 

that ‘‘organizational culture’’ was a barrier.28 All three of these 

issues reflect the challenge for agency leadership in making 

telework a priority in the culture, management, and operations of 

the agency. 

This issue of agency leadership as a barrier to telework was 

highlighted by a number of witnesses during the OGM hearing. 

The PTO Director, who has established a robust telework policy, 

discussed the importance of convincing management to support 

telework: 

The leaders really had to be convinced originally by 

some very bright people within the office who recognized 

the good that could be done and that telework would improve morale. Managers who were just honored at the 

tenth anniversary of our program went to leadership at 

the highest levels to request we get this done. Then it was 

just a matter of making certain all the managers realized 

this is our direction and vision.29

The difficulties gaining manager support for telework were further illustrated by a survey conducted by the Telework Exchange 

and the Federal Managers Association (FMA), which found that 

only 35 percent of managers felt their agencies supported 

telework.30 As explained in testimony by a representative of FMA, 

the study found that managers cite fear of not having control over 

employees and productivity issues as the top inhibitors of 

telework.31 However, the study also found that, as managers become more exposed to and involved with telework, they express 

more favorable attitudes towards telework.32


wwoods2 on PRODPC68 with REPORTS
6 

33 Id. 

To help address managers’ concerns and provide them reassurance about telework, the FMA witness recommended training of 

both managers and employees: 

Strong policies and procedures in place before teleworking occurs is one way to ensure employees focus on their 

work. . . . Educating managers and employees alike on the 

benefits of teleworking would certainly make one more 

likely to participate. Training is an essential part of helping both employees and agencies realize the benefits of 

teleworking. . . . Without educating managers and employees alike regarding teleworking opportunities available 

across the government, participation will remain stagnant.33

S. 1000, the Telework Enhancement Act of 2007, is designed to 

address these leadership barriers and to enable greater implementation of telework at federal agencies. Specifically, the appointment 

of a Telework Managing Officer (TMO) under S.1000 is important 

to overcoming an agency’s leadership barriers. Appointing a TMO 

whose primary responsibility is to oversee and implement telework 

policies at a given agency will enable the agency to focus the 

TMO’s time solely on telework issues for the agency. 

This legislation would be the first comprehensive authorization 

measure addressing telework policies within the government. 

Telework is an important component of an agencies’ culture, and 

agency leadership should think of telework programs as a part of 

overall human capital and agency management strategies. The 

Committee believes this legislation strikes an appropriate balance 

by mandating that each agency must establish a telework policy, 

while providing agencies with flexibility to work telework programs 

into their culture and mission in an appropriate manner. 

In addition to establishing a telework policy, each agency would 

be required by the bill to determine whether employees are eligible 

to participate in telework and to notify the employees of their eligibility. Eligibility criteria ensure that telework will not diminish 

performance. Each agency would also have to set up a training program for all employees and managers involved in telework. 

III. LEGISLATIVE HISTORY

S. 1000 was introduced by Senator Ted Stevens on March 27, 

2007, and was referred to the Committee on Homeland Security 

and Governmental Affairs. The bill was referred to the Subcommittee on Oversight of Government Management, the Federal 

Workforce, and the District of Columbia on June 6, 2007. S. 1000 

was co-sponsored by Senator Landrieu, Senator Voinovich, and 

Senator Coleman. 

The Subcommittee held a hearing on June 12, 2007, entitled ‘‘Assessing Telework Policies and Initiatives in the Federal Government.’’ Testimony was received from: Daniel Green, Deputy Associate Director, Center for Employee and Family Support Policy, 

OPM; The Honorable Jon Dudas, Under Secretary of Commerce for 

Intellectual Property and Director, PTO; Stan Kaczmarczyk, Principal Deputy Associate Administrator for Government-Wide Policy, 


wwoods2 on PRODPC68 with REPORTS
7 

GSA; Bernice Steinhardt, Director of Strategic Issues, GAO; Tom 

Davison, Trustee of Chapter 275, Environmental Protection Agency 

Region 5 FMA; Stephen O’Keeffe, Executive Officer, Telework Exchange; and David Isaacs, Government Affairs Director, HewlettPackard, Inc. 

On November 14, 2007, the Committee considered S. 1000. The 

Committee ordered the bill favorably reported as amended by the 

Akaka-Stevens Substitute Amendment by voice vote. Members 

present were Lieberman, Carper, McCaskill, Tester, Collins, Stevens, Voinovich, and Coleman. The substitute amendment offered 

during the Committee markup revised the legislation to include 

technical and substantive input from OPM, GSA, GAO, PTO, federal employee groups, and other Members of the Committee. The 

substitute amendment clarifies the eligibility and participation policy requiring agencies to develop telework agreements with employees, allows the legislative branch more flexibility in creating 

telework policies, allows OPM greater coordinating responsibility 

for developing telework guidelines for agencies, removes the specific duties and full-time senior-level employee requirements for the 

Telework Managing Officer, clarifies OPM’s reporting requirement 

and the Office of Management and Budget’s role in providing recommendations for agencies, and adds a travel expenses test program. 

IV. SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section states that the Act may be cited as the ‘‘Telework 

Enhancement Act of 2007.’’ 

Section 2. Definitions 

This section defines ‘‘telework’’ as a work arrangement where the 

employee regularly works at home or at sites convenient to the employee’s home during at least 20 percent of each pay period. 

This section also defines the term ‘‘noncompliant’’ as not conforming to provisions in the Act, and defines the terms ‘‘employee’’ 

and ‘‘executive agency’’ by cross referencing existing definitions in 

Title 5, United States Code. 

Section 3. Executive agencies telework requirement 

Subsection (a). Telework Eligibility. This subsection requires 

each agency to establish a telework policy, determine the eligibility 

for all employees of the agency to participate in telework, and notify employees of their eligibility. This must be done not later than 

180 days after enactment. 

Subsection (b). Participation. This subsection requires that each 

agency’s telework policy must—(1) ensure that telework does not 

diminish employee performance or agency operations, (2) require a 

written agreement between a manager and employee in order for 

that employee to participate in telework, (3) provide that employees 

may not be eligible to telework if they violate the terms of the written agreement, (4) exempt employees whose duties require daily 

physical presence for activity with equipment or handling of secure 

materials (except in an emergency), and (5) determine how 


wwoods2 on PRODPC68 with REPORTS
8 

telework may be used as part of the continuity of operations plans 

in the event of an emergency. 

Section 4. Training and monitoring 

This section requires that agencies develop interactive, instructor-lead telework training programs for all employees eligible to 

participate in telework and all managers of teleworkers. The section further requires that, for employee performance appraisals, no 

distinction is to be made between employees who telework and 

those who do not, and that, when determining diminished employee 

performance, agencies are to consult OPM performance management guidelines. 

Section 5. Policy and support 

Subsection (a). Agency Consultation With the Office of Personnel 

Management. This subsection requires executive agencies to consult with OPM when developing telework policies. 

Subsection (b). Guidance and Consultation. This subsection requires OPM to provide telework policies and guidance to agencies 

in the areas of pay and leave, agency closure, performance management, official worksite, recruitment and retention, and accommodation for employees with disabilities. In developing this policy and 

guidance, OPM is to consult with the Federal Emergency Management Agency (FEMA) in the areas of continuity of operations and 

long-term emergencies, and with the General Services Administration (GSA) in the areas of telework centers, travel, technology, 

equipment, and dependent care. 

Subsection (c). Continuity of Operations Plans. This subsection 

provides that, when an agency is operating under a continuity of 

operations plan, that plan will supersede any telework policy. 

Subsection (d). Telework Web site. This subsection requires OPM 

to maintain a Web site dedicated to telework, including teleworkrelated links, announcements, guidance developed by OPM, and 

guidance submitted by FEMA or GSA to OPM. 

Section 6. Telework Managing Officer 

Subsection (a). In General. This subsection requires the head of 

each executive agency to appoint an employee of the agency to 

serve as the Telework Managing Officer, which is to be established 

in the office of the Chief Human Capital Officer or comparable office. This subsection also makes conforming amendments to two 

previous appropriations acts, so that telework-related positions established under those acts are renamed ‘‘Telework Managing Officers.’’ 

Subsection (b). Duties. This subsection states that the Telework 

Managing Officer will be devoted to policy development and implementation related to agency telework programs; will advise agency 

leadership on telework issues, be a resource for managers and employees, and serve as a primary point of contact for OPM on 

telework; and will perform other duties as assigned. 

Section 7. Annual report to Congress 

This section requires that OPM submit a report to this Committee and to the House Committee on Oversight and Government 

Reform addressing telework programs at executive agencies within 


wwoods2 on PRODPC68 with REPORTS
9 

18 months after the date of enactment and then every year thereafter. OPM is also required to transmit a copy of its annual 

telework report to the Government Accountability Office (GAO) and 

to the Office of Management and Budget (OMB). 

OPM’s annual telework reports must include the following information as provided to OPM by each executive agency: the agency’s 

telework policy and measures to carry it out and an analysis of the 

telework participation by the agency’s employees during the preceding year. OPM’s annual reports must also include: an assessment of each executive agency’s progress in maximizing telework 

opportunities without diminishing performance; each agency’s definition of telework; certain statistics on the eligibility and participation of each agency’s employees in telework; the extent to which 

barriers to telework opportunities have been removed; and best 

practices in telework programs. 

Section 8. Compliance of executive agencies 

Subsection (a). Executive Agencies. This subsection establishes 

that an executive agency will be in compliance with the Act if each 

agency employee who participates in telework regularly works at 

home or at sites convenient to the employee’s home during at least 

20 percent of each pay period. 

Subsection (b). Agency Manager Reports. This subsection requires each manager within an executive agency to submit an annual report to the agency’s Telework Managing Officer and Chief 

Human Capital Officer summarizing the efforts to promote 

telework opportunities and any obstacles to that manager’s ability 

to promote telework opportunities. 

Subsection (c). Chief Human Capital Officer Reports. This subsection requires the Chief Human Capital Officer of each executive 

agency, in consultation with the agency’s Telework Managing Officer, to submit annually to the Chair and Vice Chair of the Chief 

Human Capital Officers (CHCO) Council a report on agency management efforts to promote telework. Then the Chair and Vice 

Chair are required to include relevant information from those reports in OPM’s annual telework report to Congress. 

Subsection (d). Compliance Reports. This subsection requires 

OMB to submit a report to Congress annually, within 90 days after 

submission of OPM’s annual telework report. The report from OMB 

must identify executive agencies that OMB determines are noncompliant with the Act, describe progress towards compliance and 

justifications of any continuing non-compliance, and recommend 

corrective action plans to eliminate non-compliance. 

Section 9. Congress and legislative branch agencies 

Subsection (a). Definition. This subsection defines the term ‘‘legislative branch agencies’’ to mean GAO, 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. 

Subsection (b). Application to Legislative Branch Employees. 

Paragraphs (1)–(2). Senate, House of Representatives. These 

paragraphs require that, not later than 180 days after enactment, 

telework policy guidelines be established for the Senate and for the 


wwoods2 on PRODPC68 with REPORTS
10 

House of Representatives. Guidelines for the Senate will be established by the Committee on Rules and Administration, in consultation with the Majority Leader and Minority Leader, and guidelines 

for the House of Representatives will be established by the Committee on House Administration, in consultation with the Speaker 

and the Minority Leader. Not later than 180 days after the 

telework policy guidelines for the Senate or for the House of Representatives are established, each employing authority included 

under the guidelines will submit to the Senate Rules Committee or 

to the House Administration Committee a telework policy under 

which covered employees may be authorized to telework. 

Paragraph (3). Legislative branch agencies. This paragraph requires that, not later than 180 days after enactment, each legislative branch agency must establish a telework policy under which 

covered employees may be authorized to telework. 

Paragraph (4). Training. This paragraph requires training of all 

legislative-branch employees and managers involved in telework. 

Paragraph (5). Similar policies. This paragraph provides that the 

telework policies established in the legislative branch may be similar to the policies developed by executive branch agencies, but the 

requirements applicable to the executive branch are not applicable 

to telework policies in the legislative branch. 

Section 10. Extension of Travel Expenses Test Programs 

This section reauthorizes and modifies the travel expenses test 

program under 5 U.S.C. 5710, which has expired. Specifically, the 

section extends the authority to conduct travel expenses tests until 

16 years after the authority was originally enacted (i.e., until October 19, 2014), and repeals a provision in the existing statute that 

limits each travel expenses test to a period of only 24 months. 

After reauthorization, 5 U.S.C. 5710 will allow a federal agency 

to seek GSA’s approval of a test program under which the agency 

may pay its employees’ necessary travel expenses, instead of paying the amounts of travel expenses ordinarily specified in statute. 

This would include the authority to seek GSA’s approval of a test 

program under which the agency could pay certain travel expenses 

of teleworkers at the agency. 

V. ESTIMATED COST OF LEGISLATION

JANUARY 28, 2007. 

Hon. JOSEPH I. LIEBERMAN, 

Chairman, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 1000, the Telework Enhancement Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 


wwoods2 on PRODPC68 with REPORTS
11 

S. 1000—Telework Enhancement Act of 2007 

S. 1000 would require the executive and legislative branches of 

the federal government to establish policies to determine which federal employees are eligible to participate in federal telework programs (programs that enable employees to work part time from 

places other than their official duty station for one day per 40-hour 

workweek). In addition, S. 1000 would reauthorize a travel expenses test program for an additional nine years. 

CBO estimates that implementing S. 1000 would increase administrative costs across federal agencies by $5 million in 2008 and 

much smaller amounts in subsequent years for executive and legislative agencies to notify employees of their eligibility to participate 

in telework programs and to satisfy the reporting requirements 

specified in the bill. S. 1000 could also affect direct spending, but 

CBO estimates that any amounts would not be significant in any 

year. Enacting the bill would not affect revenues. 

Under current law, executive branch agencies are required to establish policies for employees to participate in telework programs 

to the maximum extent possible without diminishing employees’ 

performance. The General Services Administration (GSA) and the 

Office of Personnel Management provide guidance and resources to 

federal agencies to support telework policies governmentwide. (Although not required, some legislative branch agencies currently 

offer some telework programs that are similar to those of the executive branch.) This bill would require agencies to establish and implement policies to enable eligible employees to participate in 

telework programs, adding to annual administrative costs. 

For most agencies, any such impact on spending would be subject 

to the availability of appropriated funds; however, the bill could affect direct spending by agencies not funded through annual appropriations, such as the Tennessee Valley Authority and the Bonneville Power Administration. CBO estimates, however, that any increase in spending for telework programs by those agencies would 

not be significant. 

By reauthorizing the travel expenses test program, the bill also 

would allow agencies with the approval of GSA to test new and innovative methods of reimbursing employees’ travel expenses (this 

authority expired in 2005). Based on information from GSA and the 

experience of similar programs, CBO estimates that enacting this 

provision would have no significant impact on the federal budget. 

S. 1000 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was approved by Theresa M. Gullo, Deputy Assistant 

Director for Budget Analysis. 

VI. EVALUATION OF REGULATORY IMPACT

Pursuant to the requirements of paragraph 11(b) of rule XXVI of 

the Standing Rules of the Senate, the Committee has considered 

the regulatory impact of this bill. 


wwoods2 on PRODPC68 with REPORTS
12 

VII. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new matter is printed in italic and 

existing law, in which no change is proposed, is shown in roman): 

TITLE 5, UNITED STATES CODE: GOVERNMENT ORGANIZATION AND EMPLOYEES 

PART III—EMPLOYEES 

CHAPTER 57—TRAVEL, TRANSPORTATION, AND 

SUBSISTENCE 

§ 5710. Authority for 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 agency may pay through the proper disbursing official øfor a period not to exceed 24 months¿ any necessary travel expenses in 

lieu of any payment otherwise authorized or required under this 

subchapter. 

* * * * * * * 

(e) The authority to conduct test programs under this section 

shall expire ø7 years¿ 16 years after the date of the enactment of 

the Travel and Transportation Reform Act of 1998. 

Æ 


wwoods2 on PRODPC68 with REPORTS