Local federal workers get early holiday gift; Telework bill adopted

“Those traits are disqualifiers for government employees.”

For most of them, yes, but not all of them. If you wanted to disqualify all government employees, you’d add “Dignity” to “Accountability, self-discipline, integrity”

Hooray.
Now we can start to outsource federal government jobs to India over the internet.
If the job can be done from home, it can be done from Mumbai.

“PS. I am writing this on my home computer, not my work computer during a quick coffee break. “

LOL

Break from what? Farmville?

>> If you wanted to disqualify all government employees, you’d add “Dignity”

LOL! Good point.

Talk about a great gig, a no-show government job....sweet!

Porn website hits should take a big jump.

NOW, it is time to force the Congress and Senate to telecommute most of the year from their home district. Away from the lobbyists and under the thumb of the electorate.

Can you imagine the cost savings?

15 years ago when I first suggested this to a POL in Oklahoma City it was a do-able thing. With current technology it is a no-brainer.

It is time to DownSize DC!

Close entire Departments beginning with the U.S. Department of Education. (EPA, defund PBS, etc)

I’ve often joked that those of us that telecommute are the most reliable employees. We work when we’re sick (without infecting the rest of the employees), we have surgery and are back on our computers working on our laptops once we’re home. (I have MS and I know there would have been days that had I needed to “go” to an office, I wouldn’t have been able to, but I can get on my laptop and get the work done from home, no problem.) We never have an excuse like, the traffic held us up, or the weather is too bad to come in.

Spot-on FRiend! I know for a fact that teleworkers are more reliable and put in more hours. I don't call in sick unless I'm extremely ill and even then I manage to get a few hours in. Regarding availability, due to the stigma of "working from home" most of us teleworkers are actually more available. For example: If someone comes to your desk in the office and you aren't there they automatically think you are in a meeting or the restroom. If someone calls or instant messages a teleworker and they don't immediately respond it is assumed they are slacking off. Perception is a challenge for teleworkers.

H.R.1722

One Hundred Eleventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, two thousand and ten

An Act

To require the head of each executive agency to establish and implement a policy under which employees shall be authorized to telework, and for other purposes.

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 2010'.

SEC. 2. TELEWORK.

(a) In General- Part III of title 5, United States Code, is amended by inserting after chapter 63 the following:

`CHAPTER 65--TELEWORK

`Sec.

`6501. Definitions.

`6502. Executive agencies telework requirement.

`6503. Training and monitoring.

`6504. Policy and support.

`6505. Telework Managing Officer.

`6506. Reports.

-`Sec. 6501. Definitions

`In this chapter:

`(1) EMPLOYEE- The term `employee' has the meaning given that term under section 2105.

`(2) EXECUTIVE AGENCY- Except as provided in section 6506, the term `executive agency' has the meaning given that term under section 105.

`(3) TELEWORK- The term `telework'or `teleworking' refers to a work flexibility arrangement under which an employee performs the duties and responsibilities of such employee's position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work.

-`Sec. 6502. Executive agencies telework requirement

`(a) Telework Eligibility-

`(1) IN GENERAL- Not later than 180 days after the date of enactment of this chapter, the head of each executive agency shall--

`(A) establish a policy under which eligible employees of the agency may be authorized to telework;

`(B) determine the eligibility for all employees of the agency to participate in telework; and

`(C) notify all employees of the agency of their eligibility to telework.

`(2) LIMITATION- An employee may not telework under a policy established under this section if--

`(A) the employee has been officially disciplined for being absent without permission for more than 5 days in any calendar year; or

`(B) the employee has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.

`(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 determined to be inappropriate for telework by the agency head; 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. 6503. 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 6502(b)(2);

`(3) teleworkers and nonteleworkers are treated the same 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 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 chapter.

-`Sec. 6504. 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;

`(B) the General Services Administration on policy and policy guidance for telework in the areas of telework centers, travel, technology, equipment, and dependent care; and

`(C) the National Archives and Records Administration on policy and policy guidance for telework in the areas of efficient and effective records management and the preservation of records, including Presidential and Vice-Presidential records.

`(c) Security Guidelines-

`(1) IN GENERAL- The Director of the Office of Management and Budget, in coordination with the Department of Homeland Security and the National Institute of Standards and Technology, shall issue guidelines not later than 180 days after the date of the enactment of this chapter to ensure the adequacy of information and security protections for information and information systems used while teleworking.

`(2) CONTENTS- Guidelines issued under this subsection shall, at a minimum, include requirements necessary to--

`(A) control access to agency information and information systems;

`(B) protect agency information (including personally identifiable information) and information systems;

`(C) limit the introduction of vulnerabilities;

`(D) protect information systems not under the control of the agency that are used for teleworking;

`(E) safeguard wireless and other telecommunications capabilities that are used for teleworking; and

`(F) prevent inappropriate use of official time or resources that violates subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch by viewing, downloading, or exchanging pornography, including child pornography.

`(d) 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.

`(e) 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.

`(f) Policy Guidance on Purchasing Computer Systems- Not later than 120 days after the date of the enactment of this chapter, the Director of the Office of Management and Budget shall issue policy guidance requiring each executive agency when purchasing computer systems, to purchase computer systems that enable and support telework, unless the head of the agency determines that there is a mission-specific reason not to do so.

-`Sec. 6505. Telework Managing Officer

`(a) 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.

`(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.

`(c) Status Within Agency- The Telework Managing Officer of an agency shall be a senior official of the agency who has direct access to the head of the agency.

`(d) Rule of Construction Regarding Status of Telework Managing Officer- Nothing in this section shall be construed to prohibit an individual who holds another office or position in an agency from serving as the Telework Managing Officer for the agency under this chapter.

-`Sec. 6506. 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 chapter 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, 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 chapter 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 6504(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.'.

(b) Technical and Conforming Amendments-

(1) TABLE OF CHAPTERS- The table of chapters for part III of title 5, United States Code, is amended by inserting after the item relating to chapter 63 the following:

6501

(2) TELEWORK COORDINATORS-

(A) APPROPRIATIONS ACT, 2003- Section 623 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2003 (Public Law 108-7; 117 Stat. 103) is amended by striking `designate a `Telework Coordinator' to be' and inserting `designate a Telework Managing Officer to be'.

(B) 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'.

(C) 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'.

(D) APPROPRIATIONS ACT, 2006- Section 617 of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 (Public Law 109-108; 119 Stat. 2340) is amended by striking `maintain a `Telework Coordinator' to be' and inserting `maintain a Telework Managing Officer to be'.

SEC. 3. 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) Except as provided under subsection (f)(1), in this section, the term `appropriate committees of Congress' means--

`(1) the Committee on Homeland Security and Governmental Affairs of the Senate; and

`(2) the Committee on Oversight and Government Reform of the House of Representatives.

`(b)(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. Under an approved test program, an agency may provide an employee with the option to waive any payment authorized or required under this subchapter. 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.

`(c) 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.

`(d)(1) An agency authorized to conduct a test program under subsection (b) 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.

`(e) No more than 10 test programs under this section may be conducted simultaneously.

`(f)(1) In this subsection, the term `appropriate committee of Congress' means--

`(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

`(B) the Committee on Oversight and Government Reform of the House of Representatives;

`(C) the Committee on the Judiciary of the Senate; and

`(D) the Committee on the Judiciary of the House of Representatives.

`(2) The Patent and Trademark Office shall conduct a test program under this section, including the provision of reports in accordance with subsection (d)(1).

`(3) In conducting the program under this subsection, the Patent and Trademark Office may pay any travel expenses of an employee for travel to and from a Patent and Trademark Office worksite or provide an employee with the option to waive any payment authorized or required under this subchapter, if--

`(A) the employee is employed at a Patent and Trademark Office worksite and enters into an approved telework arrangement;

`(B) the employee requests to telework from a location beyond the local commuting area of the Patent and Trademark Office worksite; and

`(C) the Patent and Trademark Office approves the requested arrangement for reasons of employee convenience instead of an agency need for the employee to relocate in order to perform duties specific to the new location.

`(4)(A) The Patent and Trademark Office shall establish an oversight committee comprising an equal number of members representing management and labor, including representatives from each collective bargaining unit.

`(B) The oversight committee shall develop the operating procedures for the program under this subsection to--

`(i) provide for the effective and appropriate functioning of the program; and

`(ii) ensure that--

`(I) reasonable technological or other alternatives to employee travel are used before requiring employee travel, including teleconferencing, videoconferencing or internet-based technologies;

`(II) the program is applied consistently and equitably throughout the Patent and Trademark Office; and

`(III) an optimal operating standard is developed and implemented for maximizing the use of the telework arrangement described under paragraph (2) while minimizing agency travel expenses and employee travel requirements.

`(5)(A) The test program under this subsection shall be designed to enhance cost savings or other efficiencies that accrue to the Government.

`(B) The Director of the Patent and Trademark Office shall--

`(i) prepare an analysis of the expected costs and benefits and a set of criteria for evaluating the effectiveness of the program; and

`(ii) before the test program is implemented, submit the analysis and criteria to the Administrator of General Services and to the appropriate committees of Congress.

`(C) With respect to an employee of the Patent and Trademark Office who voluntarily relocates from the pre-existing duty station of that employee, the operating procedures of the program may include 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 the Office.

`(g) 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 2010.'.

(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.'.

SEC. 4. TELEWORK RESEARCH.

(a) Research by OPM on Telework- The Director of the Office of Personnel Management shall--

(1) research the utilization of telework by public and private sector entities that identify best practices and recommendations for the Federal Government;

(2) review the outcomes associated with an increase in telework, including the effects of telework on energy consumption, job creation and availability, urban transportation patterns, and the ability to anticipate the dispersal of work during periods of emergency; and

(3) make any studies or reviews performed under this subsection available to the public.

(b) Use of Contract To Carry Out Research- The Director of the Office of Personnel Management may carry out subsection (a) under a contract entered into by the Director using competitive procedures under section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253).

(c) Use of Other Federal Agencies- The heads of Federal agencies with relevant jurisdiction over the subject matters in subsection (a)(2) shall work cooperatively with the Director of the Office of Personnel Management to carry out that subsection, if the Director determines that coordination is necessary to fulfill obligations under that subsection.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

I work for the Navy and have been teleworking for over a year. We are authorized one day per pay period.

We are authorized one day per pay period.

For what purpose?

aha! Funny.

Authorized to telework one day per pay period.

Authorized to telework one day per pay period.

Just out of curiosity are you a salaried employee or hourly?

The down side, I guess, is that I don’t walk in at such and such a time and leave at a specified time. I’m available all the time and have gotten calls at 6 AM when there’s a problem, and been on the phone at 11 PM too if an issue arises.

But it’s okay because if I need to go out during the day, I just email and say I’m not going to be available for a specified period of time, and they have no problem because they know I’ll get the work done when I get back.

The very up side is that with WiFi I can take my work anywhere. My mom was in the hospital for months and we took shifts staying with her. I just took my laptop with me and did my job while at the hospital...didn’t ever miss any work. Now that’s a blessing!

I used to manage big call centers. The kind that you get when you call a bank or customer service for a large company.

We were the inventors of telecommuting (just about, anyway.)

I used to tell my folks that during a blizzard, hurricane, apocalypse, that if they called my office and I answered the phone to simply hang up and come to work. I drove a Buick Regal. If I could make it, they could make it.

It never took more than one snowstorm for the new supervisors to learn that I had grown up in snow country...and I could drive through anything. And they learned they could too.

In 1978 and 1993 I missed work because of snow. Thats it.

Same here. After informing the boss of my pregnancy he had me start working a day per week at home and that increased to 3 days per week once I became high-risk and had triple the doctor appointments that I started with.

I usually sign on around 6am so I have some time to go over my email without disruptions from the co-workers and work full-time through about 4 or 5, and then I check in every 20 minutes or so until 9pm to make sure that none of our overseas labs have any issues when they come online. I tend to be much more productive at home because people can’t just come into my cube and hang out or interrupt me. Personal stuff happens on my personal computer and work stuff happens on my work laptop.

It works well for me but I (currently) live in a quiet house with no disruptions. I probably wouldn’t be able to do it once the baby is here because I’d be having to get up to attend to her too often, but we’ll cross that bridge when we get there.

Isn’t it true that when using your computer at home for Federal government work, your computer effectively becomes government property?

On the other hand, maybe the traffic jams will diminish around here.

Maryland “Freak State” PING!

Isn’t it true that when using your computer at home for Federal government work, your computer effectively becomes government property?

I think that may be true with other governments like local and state as well. I'm not a legal guy but I have a contract with a local government and had to specifically exclude that from the contract.

I’m not sure that this bill does much beyond the current rules.

ANSWER:

"and it establishes a Telework Managing Officer to develop and implement the program."