II 

Calendar No. 1101 

110TH CONGRESS 

2D SESSION S. 1000 

To enhance the Federal Telework Program. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2007 

Mr. STEVENS (for himself, Ms. LANDRIEU, Mr. COLEMAN, and Mr. 

VOINOVICH) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Reported by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To enhance the Federal Telework Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Telework Enhance5 ment Act of 2007’’. 

6 SEC. 2. FEDERAL GOVERNMENT TELEWORK REQUIRE7 MENT. 

8 (a) IN GENERAL.— 


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1 (1) ELIGIBILITY.—Within 1 year after the date 

2 of enactment of this Act, the head of each Executive 

3 agency shall establish a policy under which each em4 ployee of the agency, except as provided in sub5 section (d), shall be eligible to participate in 

6 telework. 

7 (2) PARTICIPATION POLICY.—The policy shall 

8 ensure that eligible employees participate in telework 

9 to the maximum extent possible without diminishing 

10 employee performance or agency operations. 

11 (b) APPLICATION TO JUDICIAL BRANCH EMPLOY12 EES.—Within 1 year after the date of enactment of this 

13 Act, the Chief Justice of the United States shall establish 

14 a policy for employees of the judicial branch under which 

15 such employees, except employees designated by the Chief 

16 Justice as employees to whom the policy does not apply, 

17 shall participate in telework to the maximum extent pos18 sible without diminishing employee performance or judicial 

19 operations. 

20 (c) APPLICATION TO LEGISLATIVE BRANCH EMPLOY21 EES.— 

22 (1) HOUSE OF REPRESENTATIVES.—Within 1 

23 year after the date of enactment of this Act, the 

24 Speaker of the House of Representatives, in con25 sultation with the Minority Leader of the House, 


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1 shall establish a policy for employees of the House 

2 of Representatives under which such employees, ex3 cept employees designated by the Speaker as em4 ployees to whom the policy does not apply, shall par5 ticipate in telework to the maximum extent possible 

6 without diminishing employee performance or House 

7 operations. 

8 (2) SENATE.—Within 1 year after the date of 

9 enactment of this Act, the Majority Leader of the 

10 Senate, in consultation with the Minority Leader of 

11 the Senate, shall establish a policy for employees of 

12 the Senate under which such employees, except em13 ployees designated by the Majority Leader as em14 ployees to whom the policy does not apply, shall par15 ticipate in telework to the maximum extent possible 

16 without diminishing employee performance or Senate 

17 operations. 

18 (3) OTHER LEGISLATIVE BRANCH EMPLOY19 EES.—Within 1 year after the date of enactment of 

20 this Act, the Speaker of the House of Representa21 tives and the Majority Leader of the Senate jointly 

22 shall establish a policy for employees of the legisla23 tive branch who are not employees of either House 

24 under which such employees, except employees des25 ignated by the Speaker and the Majority Leader as 


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1 employees to whom the policy does not apply, shall 

2 participate in telework to the maximum extent pos3 sible without diminishing employee performance or 

4 legislative branch operations. 

5 (d) INELIGIBLE EMPLOYEES.— 

6 (1) EXECUTIVE AGENCIES.—Subsection (a)(1) 

7 does not apply to executive agency employees— 

8 (A) whose duties involve the daily handling 

9 of secure materials, necessary contact with spe10 cial equipment, or daily physical presence; 

11 (B) who are assigned to national security 

12 or intelligence functions; or 

13 (C) whose functions are otherwise inappro14 priate for teleworking and which are designated 

15 by the head of the agency as functions to which 

16 the policy does not apply. 

17 (2) JUDICIAL AND LEGISLATIVE BRANCH EM18 PLOYEES.—The Chief Justice and the officers of the 

19 Senate and House of Representatives described in 

20 subsection (c) may designate as ineligible to partici21 pate in telework employees whose duties are the 

22 same as, or similar to, the duties described in para23 graph (1). 


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1 SEC. 3. TRAINING AND MONITORING. 

2 The head of each executive agency shall ensure 

3 that— 

4 (1) telework training is incorporated in the 

5 agency’s new employee orientation procedures; 

6 (2) periodic employee reviews are conducted for 

7 all employees, including those described in section 

8 1(a)(3), to ascertain whether telework is appropriate 

9 for the employee’s job description and the extent to 

10 which it is being utilized by the employee. 

11 SEC. 4. TELEWORK MANAGING EMPLOYEE. 

12 (a) IN GENERAL.—The head of each executive agen13 cy, the Chief Justice, the Speaker of the House of Rep14 resentatives, and the Majority Leader of the Senate shall 

15 appoint a full time senior level employee of the agency, 

16 the judicial branch, the House of Representatives, and the 

17 Senate, respectively as the Telework Managing Officer. 

18 The Telework Managing Office shall be established within 

19 the office of the chief administrative officer or a com20 parable office with similar functions. 

21 (b) DUTIES.—The Telework Managing Officer 

22 shall— 

23 (1) serve as liaison between employees engaged 

24 in teleworking and their employing entity; 

25 (2) ensure that the organization’s telework pol26 icy is communicated effectively to employees; 


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1 (3) encourage all eligible employees to engage 

2 in telework to the maximum practicable extent con3 sistent with meeting performance requirements and 

4 maintaining operations; 

5 (4) assist the head of the agency in the develop6 ment and maintenance of agencywide telework poli7 cies; 

8 (5) educate administrative units on telework 

9 policies, programs, and training courses; 

10 (6) provide written notification to all employees 

11 of specific telework programs and employee eligi12 bility; 

13 (7) focus on expanding and monitoring agency 

14 telework programs; 

15 (8) recommend and oversee telework-specific 

16 pilot programs for employees and managers, includ17 ing tracking performance and monitoring activities; 

18 (9) promote teleconferencing devices; 

19 (10) develop monthly productivity awards for 

20 teleworkers; 

21 (11) develop and administer a telework per22 formance reporting system; and 

23 (12) assist the head of the agency in desig24 nating employees to telework to continue agency op25 erations in the event of a major disaster (as defined 


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1 in section 102 of the Robert T. Stafford Disaster 

2 Relief and Emergency Assistance Act (42 U.S.C. 

3 5122)). 

4 (c) REPORT.—The Telework Managing Officer shall 

5 submit a report to the head of the employing agency, the 

6 Chief Justice, the Speaker of the House of Representa7 tives, or the Majority Leader of the Senate, as the case 

8 may be, and the Comptroller General at least once every 

9 12 months that includes a statement of the applicable 

10 telework policy, a description of measures in place to carry 

11 out the policy, and an analysis of the participation by em12 ployees of the entity in teleworking during the preceding 

13 12-month period. 

14 SEC. 5. ANNUAL TELEWORK AGENCY RATING. 

15 (a) IN GENERAL.—The Comptroller General shall es16 tablish a system for evaluating— 

17 (1) the telework policy of each executive agency, 

18 the judicial branch, and the legislative branch; and 

19 (2) on an annual basis the participation in tele20 working by their employees. 

21 (b) REPORT.—The Comptroller General shall publish 

22 a report each year rating— 

23 (1) the telework policy of each entity to which 

24 this Act applies; 


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1 (2) the degree of participation by employees of 

2 each such entity in teleworking during the 12-month 

3 period covered by the report; and 

4 (3) for each executive agency— 

5 (A) the number of employees in the agen6 cy; 

7 (B) the number of those employees who 

8 are eligible to telework; 

9 (C) the number of employees who engage 

10 on a regular basis in teleworking; and 

11 (D) the number of employees who engage 

12 on an occasional or sporadic basis in tele13 working. 

14 SEC. 7 DEFINITIONS. 

15 In this Act: 

16 (1) EMPLOYEE.—The term ‘‘employee’’ has the 

17 meaning given that term by section 8101(1) of title 

18 5, United States Code, but does not include— 

19 (A) justices of the Supreme Court, judges 

20 of Courts of Appeals, or judges of the District 

21 Courts; 

22 (B) a Member of the United States House 

23 of Representatives; or 

24 (C) a United States Senator. 


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1 (2) EXECUTIVE AGENCY.—The term ‘‘Executive 

2 agency’’ has the meaning given that term by section 

3 105 of title 5, United States Code. 

4 (3) TELEWORK.—The term ‘‘telework’’ means a 

5 work arrangement in which an employee regularly 

6 performs officially assigned duties at home or other 

7 worksites geographically convenient to the residence 

8 of the employee that— 

9 (A) reduces or eliminates the employee’s 

10 commute between his or her residence and his 

11 or her place of employment; and 

12 (B) occurs at least 2 business days per 

13 week on a recurring basis. 

14 SECTION 1. SHORT TITLE. 

15 This Act may be cited as the ‘‘Telework Enhancement 

16 Act of 2007’’. 

17 SEC. 2. DEFINITIONS. 

18 In this Act: 

19 (1) EMPLOYEE.—The term ‘‘employee’’ has the 

20 meaning given that term by section 2105 of title 5, 

21 United States Code. 

22 (2) EXECUTIVE AGENCY.—The term ‘‘executive 

23 agency’’ has the meaning given that term by section 

24 105 of title 5, United States Code. 


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1 (3) NONCOMPLIANT.—The term ‘‘noncompliant’’ 

2 means not conforming to the requirements under this 

3 Act. 

4 (4) TELEWORK.—The term ‘‘telework’’ means a 

5 work arrangement in which an employee regularly 

6 performs officially assigned duties at home or other 

7 worksites geographically convenient to the residence of 

8 the employee during at least 20 percent of each pay 

9 period that the employee is performing officially as10 signed duties. 

11 SEC. 3. EXECUTIVE AGENCIES TELEWORK REQUIREMENT. 

12 (a) TELEWORK ELIGIBILITY.—Not later than 180 days 

13 after the date of enactment of this Act, the head of each 

14 executive agency shall— 

15 (1) establish a policy under which eligible em16 ployees of the agency may be authorized to telework; 

17 (2) determine the eligibility for all employees of 

18 the agency to participate in telework; and 

19 (3) notify all employees of the agency of their eli20 gibility to telework. 

21 (b) PARTICIPATION.—The policy described under sub22 section (a) shall— 

23 (1) ensure that telework does not diminish em24 ployee performance or agency operations; 


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1 (2) require a written agreement between an 

2 agency manager and an employee authorized to 

3 telework in order for that employee to participate in 

4 telework; 

5 (3) provide that an employee may not be author6 ized to telework if the performance of that employee 

7 does not comply with the terms of the written agree8 ment between the agency manager and that employee; 

9 (4) except in emergency situations as determined 

10 by an agency head, not apply to any employee of the 

11 agency whose official duties require daily physical 

12 presence for activity with equipment or handling of 

13 secure materials; and 

14 (5) determine the use of telework as part of the 

15 continuity of operations plans the agency in the event 

16 of an emergency. 

17 SEC. 4. TRAINING AND MONITORING. 

18 The head of each executive agency shall ensure that— 

19 (1) an interactive telework training program is 

20 provided to— 

21 (A) employees eligible to participate in the 

22 telework program of the agency; and 

23 (B) all managers of teleworkers; 


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1 (2) no distinction is made between teleworkers 

2 and nonteleworkers for the purposes of performance 

3 appraisals; and 

4 (3) when determining what constitutes dimin5 ished employee performance, the agency shall consult 

6 the established performance management guidelines of 

7 the Office of Personnel Management. 

8 SEC. 5. POLICY AND SUPPORT. 

9 (a) AGENCY CONSULTATION WITH THE OFFICE OF

10 PERSONNEL MANAGEMENT.—Each executive agency shall 

11 consult with the Office of Personnel Management in devel12 oping telework policies. 

13 (b) GUIDANCE AND CONSULTATION.—The Office of 

14 Personnel Management shall— 

15 (1) provide policy and policy guidance for 

16 telework in the areas of pay and leave, agency closure, 

17 performance management, official worksite, recruit18 ment and retention, and accommodations for employ19 ees with disabilities; and 

20 (2) consult with— 

21 (A) the Federal Emergency Management 

22 Agency on policy and policy guidance for 

23 telework in the areas of continuation of oper24 ations and long-term emergencies; and 


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1 (B) the General Services Administration on 

2 policy and policy guidance for telework in the 

3 areas of telework centers, travel, technology, 

4 equipment, and dependent care. 

5 (c) CONTINUITY OF OPERATIONS PLANS.—During any 

6 period that an agency is operating under a continuity of 

7 operations plan, that plan shall supersede any telework pol8 icy. 

9 (d) TELEWORK WEBSITE.—The Office of Personnel 

10 Management shall— 

11 (1) maintain a central telework website; and 

12 (2) include on that website related— 

13 (A) telework links; 

14 (B) announcements; 

15 (C) guidance developed by the Office of Per16 sonnel Management; and 

17 (D) guidance submitted by the Federal 

18 Emergency Management Agency, and the Gen19 eral Services Administration to the Office of Per20 sonnel Management not later than 10 business 

21 days after the date of submission. 

22 SEC. 6. TELEWORK MANAGING OFFICER. 

23 (a) IN GENERAL.— 

24 (1) APPOINTMENT.—The head of each executive 

25 agency shall appoint an employee of the agency as the 


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1 Telework Managing Officer. The Telework Managing 

2 Officer shall be established within the Office of the 

3 Chief Human Capital Officer or a comparable office 

4 with similar functions. 

5 (2) TELEWORK COORDINATORS.— 

6 (A) APPROPRIATIONS ACT, 2004.—Section 

7 627 of the Departments of Commerce, Justice, 

8 and State, the Judiciary, and Related Agencies 

9 Appropriations Act, 2004 (Public Law 108–199; 

10 118 Stat. 99) is amended by striking ‘‘designate 

11 a ‘Telework Coordinator’ to be’’ and inserting 

12 ‘‘appoint a Telework Managing Officer to be’’. 

13 (B) APPROPRIATIONS ACT, 2005.—Section 

14 622 of the Departments of Commerce, Justice, 

15 and State, the Judiciary, and Related Agencies 

16 Appropriations Act, 2005 (Public Law 108–447; 

17 118 Stat. 2919) is amended by striking ‘‘des18 ignate a ‘Telework Coordinator’ to be’’ and in19 serting ‘‘appoint a Telework Managing Officer to 

20 be’’. 

21 (b) DUTIES.—The Telework Managing Officer shall— 

22 (1) be devoted to policy development and imple23 mentation related to agency telework programs; 

24 (2) serve as— 


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1 (A) an advisor for agency leadership, in2 cluding the Chief Human Capital Officer; 

3 (B) a resource for managers and employees; 

4 and 

5 (C) a primary agency point of contact for 

6 the Office of Personnel Management on telework 

7 matters; and 

8 (3) perform other duties as the applicable ap9 pointing authority may assign. 

10 SEC. 7. ANNUAL REPORT TO CONGRESS. 

11 (a) SUBMISSION OF REPORTS.—Not later than 18 

12 months after the date of enactment of this Act and on an 

13 annual basis thereafter, the Director of the Office of Per14 sonnel Management shall— 

15 (1) submit a report addressing the telework pro16 grams of each executive agency to— 

17 (A) the Committee on Homeland Security 

18 and Governmental Affairs of the Senate; and 

19 (B) the Committee on Oversight and Gov20 ernment Reform of the House of Representatives; 

21 and 

22 (2) transmit a copy of the report to the Comp23 troller General and the Office of Management and 

24 Budget. 


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1 (b) CONTENTS.—Each report submitted under this sec2 tion shall include— 

3 (1) the telework policy, the measures in place to 

4 carry out the policy, and an analysis of employee 

5 telework participation during the preceding 12-month 

6 period provided by each executive agency; 

7 (2) an assessment of the progress of each agency 

8 in maximizing telework opportunities for employees 

9 of that agency without diminishing employee per10 formance or agency operations; 

11 (3) the definition of telework and telework poli12 cies and any modifications to such definitions; 

13 (4) the degree of participation by employees of 

14 each agency in teleworking during the period covered 

15 by the evaluation, including— 

16 (A) the number and percent of the employ17 ees in the agency who are eligible to telework; 

18 (B) the number and percent of employees 

19 who engage in telework; 

20 (C) the number and percent of eligible em21 ployees in each agency who have declined the op22 portunity to telework; and 

23 (D) the number of employees who were not 

24 authorized, willing, or able to telework and the 

25 reason; 


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1 (5) the extent to which barriers to maximize 

2 telework opportunities have been identified and elimi3 nated; and 

4 (6) best practices in agency telework programs. 

5 SEC. 8. COMPLIANCE OF EXECUTIVE AGENCIES. 

6 (a) EXECUTIVE AGENCIES.—An executive agency shall 

7 be in compliance with this Act if each employee of that 

8 agency participating in telework regularly performs offi9 cially assigned duties at home or other worksites geographi10 cally convenient to the residence of the employee during at 

11 least 20 percent of each pay period that the employee is 

12 performing officially assigned duties. 

13 (b) AGENCY MANAGER REPORTS.—Not later than 180 

14 days after the establishment of a policy described under sec15 tion 3, and annually thereafter, each agency manager shall 

16 submit a report to the Chief Human Capital Officer and 

17 Telework Managing Officer of that agency that contains a 

18 summary of— 

19 (1) efforts to promote telework opportunities for 

20 employees supervised by that manager; and 

21 (2) any obstacles which hinder the ability of that 

22 manager to promote telework opportunities. 

23 (c) CHIEF HUMAN CAPITAL OFFICER REPORTS.— 

24 (1) IN GENERAL.—Each year the Chief Human 

25 Capital Officer of each agency, in consultation with 


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1 the Telework Managing Officer of that agency, shall 

2 submit a report to the Chair and Vice Chair of the 

3 Chief Human Capital Offices Council on agency 

4 management efforts to promote telework. 

5 (2) REVIEW AND INCLUSION OF RELEVANT IN6 FORMATION.—The Chair and Vice Chair of the Chief 

7 Human Capital Offices Council shall— 

8 (A) review the reports submitted under 

9 paragraph (1); 

10 (B) include relevant information from the 

11 submitted reports in the annual report to Con12 gress required under section 7(b)(2); and 

13 (C) use that relevant information for other 

14 purposes related to the strategic management of 

15 human capital. 

16 (d) COMPLIANCE REPORTS.—Not later than 90 days 

17 after the date of submission of each report under section 

18 7, the Office of Management and Budget shall submit a re19 port to Congress that— 

20 (1) identifies and recommends corrective actions 

21 and time frames for each executive agency that the 

22 Office of Management and Budget determines is non23 compliant; and 

24 (2) describes progress of noncompliant executive 

25 agencies, justifications of any continuing noncompliVerDate Aug 31 2005 04:58 Oct 02, 2008 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\S1000.RS S1000

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1 ance, and any recommendations for corrective actions 

2 planned by the Office of Management and Budget or 

3 the executive agency to eliminate noncompliance. 

4 SEC. 9. CONGRESS AND LEGISLATIVE BRANCH AGENCIES. 

5 (a) DEFINITION.—In this section, the term ‘‘legislative 

6 branch agencies’’ means the Government Accountability Of7 fice, the Library of Congress, the Government Printing Of8 fice, the Capitol Guide Service, the Capitol Police, the Con9 gressional Budget Office, the Office of the Architect of the 

10 Capitol, the Office of the Attending Physician, and the Of11 fice of Compliance. 

12 (b) APPLICATION TO LEGISLATIVE BRANCH EMPLOY13 EES.— 

14 (1) SENATE.— 

15 (A) IN GENERAL.—Not later than 180 days 

16 after the date of enactment of this Act, the Com17 mittee on Rules and Administration of the Sen18 ate, in consultation with the majority leader and 

19 minority leader of the Senate, shall establish 

20 guidelines for a policy under which employees of 

21 the Senate, except employees designated by the 

22 applicable employing authority to whom the pol23 icy does not apply, may be authorized to 

24 telework. 


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1 (B) ESTABLISHMENT OF POLICIES.—Not 

2 later than 180 days after the establishment of 

3 telework policy guidelines under subparagraph 

4 (A), each employing authority that is included 

5 under such guidelines shall submit to the Com6 mittee on Rules and Administration of the Sen7 ate a telework policy for applicable employees. 

8 (2) HOUSE OF REPRESENTATIVES.— 

9 (A) IN GENERAL.—Not later than 180 days 

10 after the date of enactment of this Act, the Com11 mittee on House Administration of the House of 

12 Representatives, in consultation with the Speak13 er and minority leader of the House of Rep14 resentatives, shall establish guidelines for a pol15 icy under which employees of the House of Rep16 resentatives, except employees designated by the 

17 applicable employing authority to whom the pol18 icy does not apply, may be authorized to 

19 telework. 

20 (B) ESTABLISHMENT OF POLICIES.—Not 

21 later than 180 days after the establishment of 

22 telework policy guidelines under subparagraph 

23 (A), each employing authority that is included 

24 under such guidelines shall submit to the Com25 mittee on House Administration of the House of 


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1 Representatives a telework policy for applicable 

2 employees. 

3 (3) LEGISLATIVE BRANCH AGENCIES.—Not later 

4 than 180 days after the date of enactment of this Act, 

5 the heads of the legislative branch agencies shall estab6 lish a policy for their respective employees under 

7 which such employees, except employees designated by 

8 the heads of each agency to whom the policy does not 

9 apply, may be authorized to telework. 

10 (4) TRAINING.—Each employee and manager of 

11 that employee participating in telework under a pol12 icy established under this section shall be required to 

13 participate in a telework training program. 

14 (5) SIMILAR POLICIES.— 

15 (A) IN GENERAL.—The policies established 

16 under this section may be similar to the policies 

17 established by executive agencies under this Act. 

18 (B) RULE OF CONSTRUCTION.—Nothing in 

19 this Act shall be construed as requiring the ap20 plication of sections 1 through 8 to any policy 

21 established under this section. 

22 SEC. 10. EXTENSION OF TRAVEL EXPENSES TEST PRO23 GRAMS. 

24 (a) IN GENERAL.—Section 5710 of title 5, United 

25 States Code, is amended— 


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1 (1) in subsection (a)(1), by striking ‘‘for a period 

2 not to exceed 24 months’’; and 

3 (2) in subsection (e), by striking ‘‘7 years’’ and 

4 inserting ‘‘16 years’’. 

5 (b) EFFECTIVE DATE.—The amendments made by this 

6 section shall take effect as though enacted as part of the 

7 Travel and Transportation Reform Act of 1998 (Public 

8 Law 105–264; 112 Stat. 2350). 


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Calendar No. 1101 

110TH CONGRESS 

2D SESSION S. 1000 

A BILL 

To enhance the Federal Telework Program. 

OCTOBER 1 (legislative day, SEPTEMBER 17), 2008 

Reported with an amendment 


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