S AMDT 707

S 707 IS

To enhance the Federal Telework Program.

March 25, 2009

Mr. AKAKA (for himself and Mr. VOINOVICH) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

To enhance the Federal Telework Program.

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

(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; and

(C) a primary agency point of contact for the Office of Personnel Management on telework matters; and

(3) perform other duties as the applicable delegating authority may assign.

SEC. 7. REPORTS.