SUPPORTING LEGISLATION

FY 2006 Science-State-Justice-Commerce (SSJC) Appropriations conference report
Rep. Frank Wolf (R-VA). - "Teleworking makes sense, and we should be exploring every avenue possible in both the federal and private sectors to have more people telework," Wolf said. "There simply is just no magic in strapping ourselves in a metal box every day and driving ourselves to the office only to sit behind a computer or talk on the phone for eight hours."

The Senate is expected to take action on the conference report soon.

Below is the exact bill language in the conference report followed by the accompanying report language:

BILL LANGUAGE: SEC. 617. The Departments of Commerce, Justice, and State, the Securities and Exchange Commission and the Small Business Administration shall, not later than two months after the date of the enactment of this Act, certify that telecommuting opportunities have increased over levels certified to the Committees on Appropriations for fiscal year 2005: Provided, That, of the total amount appropriated to the Departments of Commerce, Justice, and State, the Securities and Exchange Commission and the Small Business Administration, $5,000,000 shall be available to each only upon such certification: Provided further, That each Department or agency shall maintain a "Telework Coordinator" to be responsible for overseeing the implementation and operations of telecommuting programs, and serve as a point of contact on such programs for the Committee on Appropriations.

REPORT LANGUAGE: The conference agreement includes language requiring certain agencies funded in this Act to certify to the Committees on Appropriations that telecommuting opportunities have increased over the levels reported in fiscal year 2005.

The Government Accountability Office (GAO) recently concluded a review of these agencies' efforts on telework and found inconsistencies among them, both in identifying the telework-eligible population and in reporting. The conferees expect the agencies to work diligently to address both of these issues and to report on their progress in their quarterly reports.

The conferees expect each of the agencies to do the following: expand the telework-eligible population; put in place telework agreements for all eligible employees; and actively promote telework opportunities. In order to eliminate any negative perceptions about staff who choose to telework, agencies should consider providing training to managers on the benefits of telework arrangements.

Source: http://www.house.gov/wolf/news/2005/11-9telecomuters.html

Public Law 108-447, Division B, § 622 of December 8, 2004
... [E]ach Department or agency shall provide quarterly reports to the Committees on Appropriations on the status of telecommuting programs, including the number of Federal employees eligible for, and participating in, such programs: Provided further, That each Department or agency shall designate a "Telework Coordinator" to be responsible for overseeing the implementation and operations of telecommuting programs, and serve as a point of contact on such programs for the Committees on Appropriations.

Public Law 108-199, Division B, § 627 of January 23, 2004
The Departments of Commerce, Justice, State, the Judiciary, and the Small Business Administration shall each establish a policy under which eligible employees may participate in telecommuting to the maximum extent possible without diminished employee performance; Provided, That, not later than 6 months after the date of the enactment of this Act, each of the aforementioned entities shall provide that the requirements of this section are applied to 100 percent of the workforce: Provided further, That, of the funds appropriated in this Act for the Departments of Commerce, Justice, and State, the Judiciary, and the Small Business Administration, $200,00 shall be available to each Department, or agency only to implement telecommuting programs: Provided further, That, every 6 months, each Department or agency shall provide a report to the Committees on Appropriations on the status of telecommuting programs, including the number of Federal employees eligible for, and participating in, such programs, and uses of funds designated under this section: Provided further, That each Department or agency shall designate a "Telework Coordinator" to be responsible for overseeing the implementation of telecommuting programs and serve as a point of contact on such programs for the Committees on Appropriations.

Public Law 106-346, § 359 of Oct. 23, 2000
Each executive agency shall establish a policy under which eligible employees of the agency may participate in telecommuting to the maximum extent possible without diminished employee performance. Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Personnel Management shall provide that the requirements of this section are applied to 25 percent of the Federal workforce, and to an additional 25 percent of such workforce each year thereafter.

Conference Report Language:
Section 359 establishes a program to reduce traffic congestion that will allow eligible employees of federal agencies to participate in telecommuting to the maximum extent possible without diminished employee performance. Within one year, the Office of Personnel Management shall evaluate the effectiveness of the program and report to Congress. Each agency participating in the program shall develop criteria to be used in implementing such a policy and ensure that managerial, logistical, organizational, or other barriers to full implementation and successful functioning of the policy are removed. Each agency should also provide for adequate administrative, human resources, technical, and logistical support for carrying out the policy. Telecommuting refers to any arrangement in which an employee regularly performs officially assigned duties at home or other work sites geographically convenient to the residence of the employee. Eligible employees means any satisfactorily performing employee of the agency whose job may typically be performed at least one day per week.

OPM's Guidance to Heads of Executive Department and Agencies (February 9, 2001):
Many of you already have telecommuting policies, but this does not necessarily mean you are in compliance with the new law. The purpose of the law is to require that each agency take a fresh look at the barriers that currently inhibit the use of this flexibility, act to remove them and increase actual participation. The law recognizes that not all positions are appropriate for telecommuting; therefore, each agency must identify positions that are appropriate in a manner that focuses on broad objective criteria. Once an agency has established eligibility criteria, subject to any applicable agency policies or bargaining obligations, employees who meet them and want to participate must be allowed that opportunity if they are satisfactory performers.

Public Law 105-277, Omnibus Appropriation Act, Title IV, § 630, of Oct. 21, 1998:
[Found in the Conference Report of the FY99 Treasury, Postal, and General Government appropriations bill (House Report 105-760)]

(a)  Flexiplace Work Telecommuting Programs.--For fiscal year 1999 and each fiscal year thereafter, of the funds made available to each Executive agency for salaries and expenses, at a minimum $50,000 shall be available only for the necessary expenses of the Executive agency to carry out a flexiplace work telecommuting program.

(b) Definitions.--For purposes of this section:

(1)  Executive agency.--The term "Executive agency" means the following list of departments and agencies: Department of State, Treasury, Defense, Justice, Interior, Labor, Health and Human Services, Agriculture, Commerce, Housing and Urban Development, Transportation, Energy, Education, Veterans' Affairs, General Services Administration, Office of Personnel Management, Small Business Administration, Social Security Administration, Environmental Protection Agency, U.S. Postal Service.

(2)  Flexiplace work telecommuting program.--The term "flexiplace work telecommuting program" means a program under which employees of an Executive agency are permitted to perform all or a portion of their duties at a flexiplace work telecommuting center established under section 210(l) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(l)) or other Federal law.