[House Report 110-663]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-663
======================================================================
TELEWORK IMPROVEMENTS ACT OF 2008
_______
May 21, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Waxman, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 4106]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom was
referred the bill (H.R. 4106) to improve teleworking in
executive agencies by developing a telework program that allows
employees to telework at least 20 percent of the hours worked
in every 2 administrative workweeks, and for other purposes,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.
CONTENTS
Page
Purpose and Summary.............................................. 6
Background and Need for Legislation.............................. 6
Legislative History.............................................. 8
Section-By-Section............................................... 8
Explanation of Amendments........................................ 12
Committee Consideration.......................................... 12
Roll Call Votes.................................................. 13
Application of Law to the Legislative Branch..................... 13
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 13
Statement of General Performance Goals and Objectives............ 13
Constitutional Authority Statement............................... 13
Federal Advisory Committee Act................................... 13
Unfunded Mandates Statement...................................... 13
Earmark Identification........................................... 14
Committee Estimate............................................... 14
Budget Authority and Congressional Budget Office Cost Estimate... 14
Changes in Existing Law Made by the Bill, as Reported............ 15
Additional Views................................................. 23
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telework Improvements Act of 2008''.
SEC. 2. TELEWORKING.
(a) In General.--Part III of title 5, United States Code, is amended
by inserting after chapter 63 the following:
``CHAPTER 65--TELEWORKING
``Sec.
``6501. Definitions.
``6502. Governmentwide teleworking requirement.
``6503. Implementation.
``6504. Telework Managing Officer.
``6505. Annual telework agency rating.
``6506. Continuity of operations.
``Sec. 6501. Definitions
``For purposes of this chapter--
``(1) the term `agency' means an Executive agency (as defined
by section 105), except as provided in section 6506(c);
``(2) the term `telework' or `teleworking' refers to a work
arrangement under which an employee regularly performs the
duties and responsibilities of such employee's position, and
other authorized activities, from home or another worksite
removed from the employee's regular place of employment;
``(3) the term `continuity of operations' refers to the
preparations and institutions maintained by the Government to
provide for the continuation of Government operations in the
event of a catastrophe; and
``(4) the term `catastrophe' includes--
``(A) a national emergency declared by the President
under the National Emergencies Act;
``(B) an emergency or major disaster declared by the
President under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act; and
``(C) a public health emergency declared by the
Secretary of Health and Human Services under section
319 of the Public Health Service Act.
``Sec. 6502. Governmentwide teleworking requirement
``(a) Teleworking Requirement.--
``(1) In general.--Not later than 180 days after the date of
the enactment of this chapter, the head of each agency shall
establish a policy under which employees shall be authorized to
telework, subject to paragraph (2) and subsection (b).
``(2) Regulations.--The policy of each agency under this
subsection--
``(A) shall be in conformance with regulations which
the Administrator of General Services shall, within 120
days after the date of the enactment of this chapter
and in coordination with the Office of Personnel
Management, prescribe for purposes of this subsection;
and
``(B) shall ensure that employees who are authorized
to telework will be allowed to do so--
``(i) to the maximum extent possible; and
``(ii) without diminishing employee
performance or agency operations.
``(b) Treatment of Certain Circumstances.--Nothing in subsection (a)
shall be considered--
``(1) to require the head of an agency to authorize
teleworking in the case of an employee whose duties and
responsibilities--
``(A) require daily access to classified information;
``(B) require daily face-to-face contact with members
of the public or other persons, or the use of
equipment, at the employee's regular place of
employment; or
``(C) are such that their performance from a site
removed from the employee's regular place of employment
is not feasible; or
``(2) to prevent the temporary denial of permission for an
employee to telework if, in the judgment of the agency head--
``(A) the employee is needed to respond to an
emergency;
``(B) the employee requires additional training; or
``(C) the denial is necessary, for a specific or
ascertainable period of time, to achieve goals and
objectives of programs administered by the agency.
``(c) Rule of Construction.--Nothing in this chapter shall--
``(1) be considered to require any employee to telework; or
``(2) prevent an agency from permitting an employee to
telework as part of a continuity of operations plan.
``Sec. 6503. Implementation
``In order to carry out the purposes of this chapter--
``(1) the head of each agency shall ensure that--
``(A) appropriate training is provided to supervisors
and managers and to all employees who are authorized to
telework; and
``(B) no distinction is made between teleworkers and
nonteleworkers for purposes of performance appraisals;
``(2) the General Services Administration, in coordination
with the Office of Personnel Management, shall provide advice,
assistance, and, to the extent necessary, training to agencies,
including with respect to--
``(A) questions of eligibility to telework, including
considerations relating to employee performance; and
``(B) making teleworking part of the agency's goals,
including those of individual supervisors and managers;
``(3) the General Services Administration, in coordination
with the Office of Management and Budget and the National
Institute of Standards and Technology, shall prescribe
regulations, within 120 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 in, or otherwise affected by, teleworking; such
regulations shall be consistent with information security
policies and guidance issued by the Office of Management and
Budget and the National Institute of Standards and Technology,
and shall, at a minimum, include requirements necessary--
``(A) to control access to agency information and
information systems;
``(B) to protect agency information (including
personally identifiable information) and information
systems;
``(C) to limit the introduction of vulnerabilities;
``(D) to protect information systems not under the
control of the agency that are used for teleworking;
and
``(E) to safeguard the use of wireless and other
telecommunications capabilities used for telework
purposes; and
``(4) the General Services Administration shall--
``(A) maintain a central, publicly available telework
website; and
``(B) include on that website any regulations
relating to teleworking and any other information the
General Services Administration considers appropriate.
``Sec. 6504. Telework Managing Officer
``(a) Appointment and Compensation.--
``(1) In general.--There may be within each agency an officer
to be known as the `Telework Managing Officer'. The Telework
Managing Officer of an agency--
``(A) shall be appointed--
``(i) by the Chief Human Capital Officer of
such agency; or
``(ii) if none, by the head of such agency;
and
``(B) shall be compensated at a rate not less than
the minimum rate of basic pay for grade GS-15 of the
General Schedule.
``(2) Waiver.--The Administrator of General Services may
waive the minimum rate requirement under paragraph (1)(B) with
respect to an agency if such agency has fewer than 100
employees (determined on a full-time equivalent basis) and the
head of such agency certifies that being required to comply
with paragraph (1)(B) would adversely impact agency operations.
``(b) Limitations.--An individual may not hold the position of
Telework Managing Officer as a noncareer appointee (as defined in
section 3132(a)(7)), and such position may not be considered or
determined to be of a confidential, policy-determining, policy-making,
or policy-advocating character.
``(c) Duties and Responsibilities.--The duties and responsibilities
of the Telework Managing Officer of an agency shall be as follows:
``(1) Serving as--
``(A) an advisor on teleworking to the head of such
agency and to the Chief Human Capital Officer of such
agency (if any);
``(B) a resource on teleworking for supervisors,
managers, and employees of such agency; and
``(C) the agency's primary point of contact on
teleworking matters for employees of such agency,
Congress, and other agencies.
``(2) Ensuring that the agency's teleworking policy is
communicated effectively to employees.
``(3) Ensuring that electronic or written notification is
provided to each employee of specific telework programs and the
agency's teleworking policy, including authorization criteria
and application procedures.
``(4) Developing and administering a tracking system for
compliance with Governmentwide telework reporting requirements.
``(5) Providing to the Comptroller General and to the
Administrator of General Services such information as the
Comptroller General may require to prepare the annual reports
under section 6505(b).
``(6) Establishing a system for receiving feedback from
agency employees on the agency's teleworking policy.
``(7) Developing and implementing a program to identify and
remove barriers to teleworking and to maximize teleworking
opportunities in the agency.
``(8) Ensuring that employees are notified of grievance
procedures available to them (if any) with respect to any
disputes that relate to teleworking.
``(9) Performing such other duties and responsibilities
relating to teleworking as the head of the agency may require.
``(d) Alternative to Telework Managing Officer.--If no Telework
Managing Officer is appointed under subsection (a) with respect to an
agency, the duties and responsibilities of a Telework Managing Officer
shall be carried out by the Chief Human Capital Officer of, or a career
employee in, such agency, as determined by the agency head.
``Sec. 6505. Annual telework agency rating
``(a) In General.--The Comptroller General shall establish a system
for evaluating--
``(1) the teleworking policy of each agency; and
``(2) employee participation in telework programs at each
agency.
``(b) Annual Report.--The Comptroller General shall, based on the
system established under subsection (a), submit an annual report to the
Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate. Each report under this subsection shall, with
respect to the period covered by such report--
``(1) evaluate the teleworking policy of each agency;
``(2) for each agency, indicate the total number of employees
in such agency and identify--
``(A) the number and percentage of employees who were
eligible to telework;
``(B) the number and percentage of employees who
teleworked an average of at least once a week on a
regular basis, determined based on time spent actually
teleworking;
``(C) the number and percentage of employees who
teleworked an average of at least 20 percent of the
hours that they worked in every 2 administrative
workweeks, determined based on time spent actually
teleworking;
``(D) the number and percentage of employees who
teleworked at least once a month on a regular basis,
determined based on time spent actually teleworking;
``(E) the number and percentage of employees who were
not authorized to telework and the reasons why they
were not so authorized;
``(F) the number and percentage of employees who were
authorized to telework and then later stopped
teleworking, the reasons why those employees stopped
teleworking, and whether their stopping was voluntary
or due to other factors, such as office coverage needs
or productivity;
``(G) the extent to which barriers to maximizing
teleworking opportunities have been identified and
eliminated;
``(H) the impact (if any) of the agency's teleworking
policy on the recruitment and retention of employees;
``(I) the impact (if any) of the agency's teleworking
policy on the performance of agency employees; and
``(J) the level of employee satisfaction with the
agency's teleworking policy, determined based on
employee feedback;
``(3) evaluate the compliance of each agency with the
requirements of this chapter; and
``(4) identify best practices in agency teleworking programs.
A report under this subsection shall be submitted for the year in which
the regulations under section 6502(a)(2)(A) take effect and for each of
the 4 succeeding years. Each such report shall be submitted within 6
months after the end of the year to which it relates.
``(c) Minimum Requirement for Compliance.--For purposes of subsection
(b)(3), an agency shall not be considered to be in compliance with the
requirements of this chapter unless the employees of such agency who
were authorized to telework were permitted to telework for at least 20
percent of the hours that they worked in every 2 administrative
workweeks (disregarding any workweeks for which such employees did not
submit a request or for which they were otherwise ineligible to
telework).
``Sec. 6506. Continuity of operations
``(a) In General.--The head of each agency shall ensure that--
``(1) to the maximum extent practicable, teleworking is
incorporated into the continuity of operations planning of such
agency; and
``(2) mission critical personnel, as determined by the head
of such agency, are equipped to telework in time of a
catastrophe.
``(b) Coordination Rule.--The continuity of operations plan of an
agency shall supersede any teleworking policy of such agency to the
extent that they are inconsistent with one another.
``(c) Agency Defined.--For purposes of carrying out subsection
(a)(2), the term `agency' means an agency named in paragraph (1) or (2)
of section 901(b) of title 31.''.
(b) Technical and Conforming Amendments.--(1) The analysis for part
III of title 5, United States Code, is amended by inserting after the
item relating to chapter 63 the following:
``65. Teleworking........................................... 6501''.
(2) Section 622 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2005, as
contained in the Consolidated Appropriations Act, 2005 (5 U.S.C. 6120
note) is amended by striking ``designate a `Telework Coordinator' to
be'' and inserting ``appoint or designate a Telework Managing Officer
to be''.
SEC. 3. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.
(a) In General.--Chapter 14 of title 5, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER II--CHIEF HUMAN CAPITAL OFFICERS COUNCIL
``Sec. 1421. Chief Human Capital Officers Council
``(a) Establishment.--There is established a Chief Human Capital
Officers Council, consisting of--
``(1) the Director of the Office of Personnel Management, who
shall act as chairperson of the Council;
``(2) the Deputy Director for Management of the Office of
Management and Budget, who shall act as vice chairperson of the
Council;
``(3) the Administrator of General Services; and
``(4) the Chief Human Capital Officers of Executive
departments and any other members who are designated by the
Director of the Office of Personnel Management.
``(b) Functions.--The Chief Human Capital Officers Council shall meet
periodically to advise and coordinate the activities of the agencies of
its members on such matters as modernization of human resources
systems, improved quality of human resources information, teleworking
(as defined by section 6501), and legislation affecting human resources
operations and organizations.
``(c) Employee Labor Organizations at Meetings.--The Chief Human
Capital Officers Council shall ensure that representatives of Federal
employee labor organizations are present at a minimum of 1 meeting of
the Council each year. Such representatives shall not be members of the
Council.
``(d) Annual Report.--Each year, the Chief Human Capital Officers
Council shall submit a report to Congress on the activities of the
Council.''.
(b) Technical and Conforming Amendments.--(1) Chapter 14 of title 5,
United States Code, is amended by striking the matter before section
1401 and inserting the following:
``CHAPTER 14--CHIEF HUMAN CAPITAL OFFICERS
``subchapter i--agency chief human capital officers
``Sec.
``1401. Establishment of agency Chief Human Capital Officers.
``1402. Authority and functions of agency Chief Human Capital Officers.
``subchapter ii--chief human capital officers council
``1421. Chief Human Capital Officers Council.
``SUBCHAPTER I--AGENCY CHIEF HUMAN CAPITAL OFFICERS''.
(2) The analysis for part II of title 5, United States Code, is
amended by striking the item relating to chapter 14 and inserting the
following:
``14. Chief Human Capital Officers.......................... 1401''.
(3) Section 1303 of Public Law 107-296 (5 U.S.C. 1401 note) is
repealed.
SEC. 4. REPORTING REQUIREMENT.
(a) Incorporation of Teleworking Into Continuity of Operations
Planning.--Within 12 months after the effective date of the regulations
under section 6502(a)(2)(A) of title 5, United States Code (as amended
by section 2), the General Services Administration, in coordination
with the Office of Personnel Management, the Federal Emergency
Management Agency, and the Chief Human Capital Officers Council, shall
report to the appropriate committees of Congress on the incorporation
of teleworking into agencies' continuity of operations planning,
including--
(1) the extent to which such incorporation has occurred
within each of the respective agencies;
(2) the extent to which each agency has conducted continuity
of operations tests and exercises incorporating teleworking for
essential and non-essential personnel;
(3) the extent to which agencies have used teleworking in
response to emergencies; and
(4) any recommendations the General Services Administration
considers appropriate.
(b) Definitions.--For purposes of this section--
(1) the term ``appropriate committees of Congress'' means the
Committee on Oversight and Government Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate;
(2) the terms ``teleworking'' and ``continuity of
operations'' have the meanings given those terms by section
6501 of title 5, United States Code (as amended by section 2);
and
(3) the term ``agency'' means an Executive agency (as defined
by section 105 of title 5, United States Code), excluding any
having fewer than 100 employees (as defined by section 2105 of
such title), determined on a full-time equivalent basis.
Purpose and Summary
H.R. 4106, the Telework Improvements Act of 2008, was
introduced on November 7, 2007, by Reps. Danny K. Davis, John
P. Sarbanes, Henry A. Waxman, Tom Davis, Frank R. Wolf, Elijah
E. Cummings, and Eleanor Holmes Norton. The bill requires the
head of each agency to establish a policy that allows
authorized employees to telework, requires the General Services
Administration (GSA) to issue guidance on issues related to
telework, creates the position of Telework Managing Officer,
requires the Government Accountability Office (GAO) to evaluate
and report on agency telework programs, and requires agencies
to incorporate telework into their continuity of operations
planning.
Background and Need for Legislation
Every executive agency is required to have policies in
place that allow eligible employees to telework. Telework
provides a number of benefits including reduced energy
consumption and traffic congestion, competitive hiring and
retention, cost savings, and emergency preparedness. Despite
these and other benefits, many agencies continue to
underutilize telework.
Public Law 106-346 mandated that each executive agency
``establish a policy under which eligible employees of the
agency may participate in telecommuting to the maximum extent
possible without diminished employee performance.'' According
to a status report released by OPM in 2007, however, only 6% of
federal employees participated in telework programs in 2006.\1\
---------------------------------------------------------------------------
\1\U.S. Office of Personnel Management, Status of Telework in the
Federal Government (Dec. 2007).
---------------------------------------------------------------------------
On May 7, 2007, Representatives Danny Davis, Marchant,
Waxman, and Tom Davis sent a letter to 25 federal departments
and agencies requesting information on the telework programs of
those agencies. The information collected from the surveyed
agencies showed that there is not a consistent definition of
telework across agencies. The way agencies measure and track
telework also varies. Some agencies, such as the Department of
Energy, said they track how many employees are teleworking
through time and attendance systems.\2\ Other agencies, such as
the Department of Housing and Urban Development, do not track
actual telework and instead calculate telework based on
existing telework agreements between supervisors and
employees.\3\
---------------------------------------------------------------------------
\2\Letter from Claudia Cross, Deputy Chief Human Capital Officer,
Director, Office of Human Capital Management, Department of Energy
(July 12, 2007).
\3\Letter from Mark A. Studdert, General Deputy Assistant Secretary
for Congressional and Intergovernmental Relations, Department of
Housing and Urban Development (June 1, 2007).
---------------------------------------------------------------------------
H.R. 4106 defines telework and requires GAO to evaluate
agency telework programs and to track data such as the number
of employees actually teleworking and the number of employees
teleworking for certain minimum amounts of time. The bill sets
a consistent standard for telework by providing that an agency
will only be considered to be in compliance with the bill's
requirements if employees who are authorized to telework are
permitted to telework at least 20% of the hours worked in every
two workweeks.
One of the most frequently cited barriers to telework is
resistance from management. H.R. 4106 requires agencies to
provide telework training for managers, supervisors, and
teleworking employees. The bill also requires GAO to evaluate
the extent to which barriers to maximizing teleworking
opportunities have been identified and eliminated.
An important consideration for agency telework programs is
ensuring the security of government information. In February
2008, before the Subcommittee on Information Policy, Census,
and National Archives, GAO testified that agencies have not
fully implemented agencywide information security programs,
putting federal information at increased risk. The National
Institute of Standards and Technology (NIST) has identified
ways in which agencies and teleworking employees can protect
information and limit the introduction of vulnerabilities,
including those resulting from inadequate maintenance of
antivirus software and operation system patches, improperly
configured firewalls, and unrestricted acceptance or use of
spam, popup windows, file sharing, and peer to peer software
(P2P). A 2007 Committee investigation revealed that sensitive
personal and government documents were readily available
through the P2P file sharing networks. On July 24, 2007, the
Committee held a hearing on inadvertent file sharing over P2P
networks and the impacts of such sharing on consumers,
corporations and government entities. At the hearing,
government and independent witnesses testified that sensitive
information is continuously being released across P2P networks.
H.R. 4106 requires GSA, in coordination with the Office of
Management and Budget and NIST, to issue regulations to ensure
that the information and security protections for teleworking
are adequate.
In recent years, telework also has increasingly been viewed
as an important tool for ensuring continuity of essential
government services in emergencies. In response to the May 2007
letter from the Committee, some agencies reported that they
have performed demonstration exercises using telework as a
component of continuity of operations planning, while many
others have not. A number of agencies have used telework to
respond to real emergencies such as Hurricanes Katrina and
Rita. H.R. 4106 requires larger agencies, to the extent they
are able, to incorporate telework into their continuity of
operations planning. The bill also requires GSA, in
coordination with other relevant agencies, to report to
Congress on the extent to which agencies have incorporated
telework into their continuity of operations planning and the
extent to which agencies have conducted continuity of
operations tests using telework.
Legislative History
H.R. 4106, the Telework Improvements Act of 2008, was
introduced by Rep. Danny K. Davis, John P. Sarbanes, Henry A.
Waxman, Tom Davis, Frank R. Wolf, Elijah E. Cummings, and
Eleanor Holmes Norton on November 7, 2007, and referred to the
Committee on Oversight and Government Reform.
The Subcommittee on Federal Workforce, Post Office, and the
District of Columbia held a hearing on telework issues on
November 6, 2007. The Subcommittee held a business meeting to
consider H.R. 4106 on February 28, 2008, and forwarded the
bill, as amended, to the full Committee by a voice vote.
The full Committee considered H.R. 4106 on March 13, 2008,
and ordered the bill to be reported, as amended, by a voice
vote.
Section-by-Section
Section 1: Short title
This section provides that the short title of the bill is
the ``Telework Improvements Act of 2008.''
Section 2: Teleworking
Subsection (a) creates a new chapter 65 in title 5 that
includes 6 new sections, 6501-6506.
The new section 6501 includes the following definitions:
The term ``agency'' means an executive agency, except as
provided in section 6506(c).
The term ``telework'' or ``teleworking'' means a work
arrangement under which an employee regularly performs the
duties and responsibilities of the employee's position, and
other authorized activities, from home or another worksite
removed from the employee's regular place of employment. Under
this section, teleworking includes any activities, including
training and union activities, that an employee would normally
be authorized to do during work hours at his or her regular
place of employment.
The term ``continuity of operations'' refers to the
preparations and institutions maintained by the government to
provide for the continuation of government operations in the
event of a catastrophe.
The term ``catastrophe'' includes an emergency declared by
the president under the National Emergencies Act or the
Stafford Disaster Relief and Emergency Assistance Act or a
public health emergency declared by the secretary of the
Department of Health and Human Services.
The new section 6502 requires the head of each agency to
establish a policy that authorizes employees to telework.
Section 6502(a) requires agencies to establish such
policies within six months of enactment. Section 6502(a) also
requires GSA, in coordination with OPM, to issue regulations on
telework within four months of enactment and requires agency
telework policies to be consistent with those regulations.
Agency policies must ensure that authorized employees are
allowed to telework to the maximum extent possible without
diminishing employee performance or agency operations.
Under section 6502(b), an agency may deny authorization to
telework to any employee whose duties require the employee to
be at his or her regular place of employment every day. Such
duties include daily access to classified information, daily
face-to-face contact with members of the public, and the use of
on-site equipment. This language does not preclude an agency
from allowing an employee to telework if the employee's duties
fall into the specified categories. This decision is left to
the discretion of the agency.
An agency may also temporarily deny an employee
authorization to telework in certain circumstances: if the
agency head determines the employee is needed to respond to an
emergency; if the employee requires additional training; or if
the denial is necessary, for a specific period of time, to
achieve program goals. Section 6502(b)(2) is intended to allow
an agency to temporarily deny telework for a very specific time
period. For example, the IRS could temporarily deny telework to
certain employees if those employees are needed at their
regular place of employment during tax season. This paragraph
is not intended to be used by an agency to indefinitely deny
telework to an employee.
Section 6502(c) clarifies that this bill is not intended to
require any employee to telework or to prevent an agency from
permitting any employee from teleworking as party of a
continuity of operations plan, even if the employee is not
usually authorized to telework.
Both OPM and GSA have played roles in implementing federal
telework policies. The Committee believes that the current
framework is disjointed and is not effective. The Committee
believes one agency should have the primary responsibility of
ensuring that the requirements of this bill are implemented.
The Committee believes GSA's role in implementing
governmentwide management tools and GSA's role in information
technology make GSA the logical choice to coordinate the
issuance of regulations and other information for agencies on
telework. However, the bill specifies in several places,
including this section, that GSA must coordinate its efforts
with OPM.
The new section 6503 requires agencies to provide training
to supervisors, managers, and employees who are authorized to
telework, and provides that no distinction may be made between
teleworkers and non-teleworkers for purposes of performance
appraisals. Employees should be able to take advantage of
agency telework programs without any negative impact on their
job evaluations.
This section requires GSA, in coordination with OPM, to
provide advice, assistance, and, where necessary, training, to
agencies on questions of telework eligibility and making
telework part of the agency's goals. GSA, in coordination with
the Office of Management and Budget and NIST, also must issue
regulations within four months of enactment to ensure the
adequacy of information and security protections for telework.
This section requires GSA to maintain a central, publicly
available website on telework that includes information on any
regulations related to telework. The intent is for this website
to provide a central source of information for management,
federal employees, and the public on requirements and programs
related to telework in the federal government.
The new section 6504 creates the role of Telework Managing
Officer.
Section 6504(a) provides that each agency may appoint a
Telework Managing Officer (TMO). The TMO must be appointed by
the Chief Human Capital Officer of an agency or, if the agency
does not have a Chief Human Capital Officer, by the head of the
agency. If an agency appoints a TMO, the TMO must be paid, at a
minimum, at the GS-15 rate of the General Schedule. This
section provides that the Administrator of GSA may waive the
pay rate requirement for an agency with fewer than 100
employees if the agency certifies that being required to pay a
TMO at the GS-15 level would adversely impact agency
operations.
Section 6504(b) provides that the position of Telework
Managing Officer must be a career position and not a political
position.
Section 6504(c) describes the duties and responsibilities
of the Telework Managing Officer. Some of these
responsibilities include: serving as an advisor on telework to
agency leadership and as a resource for managers and employees;
ensuring that employees know about the agency's telework
policy; developing a tracking system that measures telework at
the agency to allow the agency to comply with telework
reporting requirements; and ensuring that employees are
notified of any grievance process available if they have a
dispute related to telework. This is not intended to create, or
require agencies to create, any new grievance procedures. This
requires the TMO to ensure that employees know how they should
deal with any dispute that arises related to teleworking
authorizations or agreements through the agency's existing
grievance procedures.
Section 6504(d) provides that if a Telework Managing
Officer is not appointed by an agency, the head of the agency
must designate either the Chief Human Capital Officer or a
career employee to carry out the duties described for Telework
Managing Officers.
The new section 6505 requires GAO to evaluate and report on
agency telework programs.
Section 6505(a) requires GAO to establish a system for
evaluating each agency's teleworking policy and the level of
employee participation in telework programs at each agency.
Section 6505(b) requires GAO to submit an annual report
covering each of the five years following enactment to the
House Committee on Oversight and Government Reform and the
Senate Committee on Homeland Security and Governmental Affairs.
GAO's reports must evaluate the teleworking policy of each
agency and provide data for the preceding year on agency
telework programs. GAO must provide data such as the number and
percentage of employees who were eligible to telework, the
number and percentage of employees who teleworked an average of
at least 20% of the hours they worked in every two workweeks,
and the number and percentage of employees who were not
authorized to telework. GAO must also evaluate the compliance
of each agency with the telework requirements being added by
the new chapter 65 and identify best practices in agency
telework programs.
Section 6505(c) provides that, for purposes of GAO's
evaluation, an agency will only be considered to be in
compliance with the new chapter 65 if the employees at the
agency who were authorized to telework were permitted to
telework for at least 20% of the hours that they worked in
every two workweeks, not counting any workweeks in which an
employee did not request to telework or was ineligible to
telework.
The new section 6506 describes the responsibilities of
agencies with regard to including telework as part of
continuity of operations planning.
Section 6506(a) requires the head of each agency (as
defined in subsection (c)) to ensure that, to the maximum
extent practicable, teleworking is incorporated into each
agency's continuity of operations planning and that mission
critical personnel are equipped to telework in a catastrophe.
Section 6506(b) provides that an agency's continuity of
operations plan supersedes any inconsistencies in the agency's
teleworking policies. In the event of a catastrophe, any
provisions related to telework in the agency's continuity of
operations plan will override any conflicting provisions in the
agency's telework policies as long as the agency is operating
pursuant to the continuity of operations plan.
Section 6506(c) provides that the agencies that must comply
with this section are the agencies that are listed in the Chief
Financial Officers Act, specifically, 31 U.S.C. Sec. 901(b).
Section 2(b) provides technical and conforming amendments
including a clarification that the role of the Telework
Managing Officer will replace the existing position of Telework
Coordinator that agencies were required to designate pursuant
to previous laws.
Section 3: Chief Human Capital Officers Council
Subsection (a) codifies the establishment of the Chief
Human Capital Officers Council which was created as part of the
Homeland Security Act of 2002, P.L. 107-296, and adds the
Administrator of GSA as a member of the Council. The Council is
codified through the creation of a new subchapter in chapter 14
of title 5. This subsection also adds teleworking to the
matters to be considered by the Council. The Administrator of
GSA is added to the Council in order to consider matters
related to teleworking. The addition of the Administrator is
not intended to alter the leadership structure of the Council.
Subsection (b) includes technical and conforming amendments
related to the creation of the new subchapter.
Section 4: Reporting requirement
Subsection (a) requires GSA, in coordination with OPM,
FEMA, and the Chief Human Capital Officers Council, to report
to Congress on: the extent to which agencies have incorporated
telework into their continuity of operations planning; the
extent each agency has conducted operations tests and exercises
using telework for essential and non-essential agency
personnel; the extent to which agencies have used teleworking
in response to emergencies; and any recommendations from GSA.
GSA must issue this report within one year from the effective
date of the regulations it must issue under the new section
6502.
Subsection (b) provides that the report required under
subsection (a) must be provided to the House Committee on
Oversight and Government Reform and the Senate Committee on
Homeland Security and Governmental Affairs. This subsection
provides that, for purposes of this section, the terms
``teleworking'' and ``continuity of operations'' have the same
meaning as in the new section 6501 created by section 2(a) of
the bill. This subsection also provides that, for purposes of
this section, the term ``agency'' means an executive agency
with 100 or more full-time employees.
Explanation of Amendments
At the Subcommittee business meeting on February 28, 2008,
Rep. Danny Davis offered an amendment in the nature of a
substitute, which passed by voice vote, to allow an agency to
temporarily restrict an employee from teleworking in the event
of an emergency; require GSA to maintain a central telework
website; allow the Administrator of GSA, for agencies with
fewer than 100 employees, to waive the bill's requirement that
a TMO be compensated at the GS-15 rate; clarify that the
position of TMO must be a career employee; and ensure that the
definition of telework covers all authorized activities that
can be performed from an alternate worksite.
At the full Committee business meeting on March 13, 2008,
Rep. Waxman offered an amendment in the nature of a substitute,
which passed by voice vote, to codify telework in title 5;
require that essential personnel be equipped to telework during
a catastrophe; add telework as an issue to be coordinated by
the Chief Human Capital Officers Council; require GAO to report
on agency compliance and clarify that, for purposes of GAO's
evaluation, an agency will only be considered to be in
compliance with the new chapter 65 if the employees at the
agency who were authorized to telework were permitted to
telework for at least 20% of the hours that they worked in
every two workweeks; and strengthen the information security
protections of the bill. Rep. Tom Davis offered an amendment,
which passed by voice vote, to provide agencies with the
discretion to appoint or designate a TMO or, alternatively, to
require the agency's Chief Human Capital Officer or a career
employee to carry out those duties.
Committee Consideration
On Thursday, March 13, 2008, the Committee met in open
session and ordered H.R. 4106 to be reported, as amended, to
the House by a voice vote.
Rollcall Votes
No rollcall votes were held.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to terms and conditions of
employment or access to public services and accommodations.
H.R. 4106 relates to executive branch telework programs and
therefore does not relate to employment or access to public
services and accommodations in the legislative branch.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report including the need to: improve agency telework
programs; provide a consistent definition of telework; and
establish consistent and accurate measurements of telework in
the federal government.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report, including improving agency telework policies in
order to allow more federal employees to telework.
Constitutional Authority Statement
Under clause 3(d)(1) of rule XIII of the Rules of the House
of Representatives, the Committee must include a statement
citing the specific powers granted to Congress to enact the law
proposed by H.R. 4106. Article I, Section 8, Clause 18 of the
Constitution of the United States grants the Congress the power
to enact this law.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).
Unfunded Mandates Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement on
whether the provisions of the report include unfunded mandates.
In compliance with this requirement the Committee has received
a letter from the Congressional Budget Office included herein.
Earmark Identification
H.R. 4106 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI.
Committee Estimate
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 4106. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.
Budget Authority and Congressional Budget Office Cost Estimate
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause 3(c)(3) of rule XIII of the Rules of
the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 4106 from the Director of
the Congressional Budget Office:
April 14, 2008.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4106, the Telework
Improvements Act of 2008.
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.
H.R. 4106--Telework Improvements Act of 2008
H.R. 4106 would require executive agencies of the federal
government to establish policies to determine which employees
are eligible to participate in certain telework programs.
(Telework programs enable employees to work part time from
places other than their regular place of employment.) The
legislation also would require agencies to incorporate telework
options into their emergency operation plans (known as
continuity of operation plans). Finally, H.R. 4106 would
require the Government Accountability Office to report annually
on agencies' telework policies, participation, and practices.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 4106 would increase
administrative costs across affected agencies by $5 million in
2008 and much smaller amounts in subsequent years. Those costs
would result from requirements that agencies notify employees
of their eligibility to participate in telework programs and
report on their telework programs. H.R. 4106 also could 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 and
the Office of Personnel Management provide guidance and
resources to federal agencies to support telework policies
governmentwide. 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, additional 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.
H.R. 4106 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.
On January 28, 2007, CBO provided a cost estimate for S.
1000, the Telework Enhancement Act of 2007, as ordered reported
by the Senate Committee on Homeland Security and Governmental
Affairs on November 14, 2007. The bills are similar in that
they both deal with telework, but S. 1000 would apply to
legislative as well as executive agencies. CBO estimates that
any additional costs to legislative agencies under S. 1000
would be negligible and our cost estimates for the bills are
similar.
The CBO staff contact for this estimate is Matthew
Pickford. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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, existing law in which no change is
proposed is shown in roman):
TITLE 5, UNITED STATES CODE
* * * * * * *
PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
Chapter Sec.
Office of Personnel Management................................1101
* * * * * * *
Agency Chief Human Capital Officers..........................1401]
1401Chief Human Capital Officers......................................
* * * * * * *
[CHAPTER 14--AGENCY CHIEF HUMAN CAPITAL OFFICERS
[Sec.
[1401. Establishment of agency Chief Human Capital Officers.
[1402. Authority and functions of agency Chief Human Capital Officers.]
CHAPTER 14--CHIEF HUMAN CAPITAL OFFICERS
subchapter i--agency chief human capital officers
Sec.
1401. Establishment of agency Chief Human Capital Officers.
1402. Authority and functions of agency Chief Human Capital Officers.
subchapter ii--chief human capital officers council
1421. Chief Human Capital Officers Council.
* * * * * * *
SUBCHAPTER II--CHIEF HUMAN CAPITAL OFFICERS COUNCIL
Sec. 1421. Chief Human Capital Officers Council
(a) Establishment.--There is established a Chief Human
Capital Officers Council, consisting of--
(1) the Director of the Office of Personnel
Management, who shall act as chairperson of the
Council;
(2) the Deputy Director for Management of the Office
of Management and Budget, who shall act as vice
chairperson of the Council;
(3) the Administrator of General Services; and
(4) the Chief Human Capital Officers of Executive
departments and any other members who are designated by
the Director of the Office of Personnel Management.
(b) Functions.--The Chief Human Capital Officers Council
shall meet periodically to advise and coordinate the activities
of the agencies of its members on such matters as modernization
of human resources systems, improved quality of human resources
information, teleworking (as defined by section 6501), and
legislation affecting human resources operations and
organizations.
(c) Employee Labor Organizations at Meetings.--The Chief
Human Capital Officers Council shall ensure that
representatives of Federal employee labor organizations are
present at a minimum of 1 meeting of the Council each year.
Such representatives shall not be members of the Council.
(d) Annual Report.--Each year, the Chief Human Capital
Officers Council shall submit a report to Congress on the
activities of the Council.
* * * * * * *
PART III--EMPLOYEES
Chap. Sec.
Subpart A--General Provisions
Definitions...................................................2101
* * * * * * *
Subpart E--Attendance and Leave
Hours of Work.................................................6101
* * * * * * *
6501Teleworking.......................................................
* * * * * * *
SUBPART E--ATTENDANCE AND LEAVE
* * * * * * *
CHAPTER 65--TELEWORKING
Sec.
6501. Definitions.
6502. Governmentwide teleworking requirement.
6503. Implementation.
6504. Telework Managing Officer.
6505. Annual telework agency rating.
6506. Continuity of operations.
Sec. 6501. Definitions
For purposes of this chapter--
(1) the term ``agency'' means an Executive agency (as
defined by section 105), except as provided in section
6506(c);
(2) the term ``telework'' or ``teleworking'' refers
to a work arrangement under which an employee regularly
performs the duties and responsibilities of such
employee's position, and other authorized activities,
from home or another worksite removed from the
employee's regular place of employment;
(3) the term ``continuity of operations'' refers to
the preparations and institutions maintained by the
Government to provide for the continuation of
Government operations in the event of a catastrophe;
and
(4) the term ``catastrophe'' includes--
(A) a national emergency declared by the
President under the National Emergencies Act;
(B) an emergency or major disaster declared
by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act;
and
(C) a public health emergency declared by the
Secretary of Health and Human Services under
section 319 of the Public Health Service Act.
Sec. 6502. Governmentwide teleworking requirement
(a) Teleworking Requirement.--
(1) In general.--Not later than 180 days after the
date of the enactment of this chapter, the head of each
agency shall establish a policy under which employees
shall be authorized to telework, subject to paragraph
(2) and subsection (b).
(2) Regulations.--The policy of each agency under
this subsection--
(A) shall be in conformance with regulations
which the Administrator of General Services
shall, within 120 days after the date of the
enactment of this chapter and in coordination
with the Office of Personnel Management,
prescribe for purposes of this subsection; and
(B) shall ensure that employees who are
authorized to telework will be allowed to do
so--
(i) to the maximum extent possible;
and
(ii) without diminishing employee
performance or agency operations.
(b) Treatment of Certain Circumstances.--Nothing in
subsection (a) shall be considered--
(1) to require the head of an agency to authorize
teleworking in the case of an employee whose duties and
responsibilities--
(A) require daily access to classified
information;
(B) require daily face-to-face contact with
members of the public or other persons, or the
use of equipment, at the employee's regular
place of employment; or
(C) are such that their performance from a
site removed from the employee's regular place
of employment is not feasible; or
(2) to prevent the temporary denial of permission for
an employee to telework if, in the judgment of the
agency head--
(A) the employee is needed to respond to an
emergency;
(B) the employee requires additional
training; or
(C) the denial is necessary, for a specific
or ascertainable period of time, to achieve
goals and objectives of programs administered
by the agency.
(c) Rule of Construction.--Nothing in this chapter shall--
(1) be considered to require any employee to
telework; or
(2) prevent an agency from permitting an employee to
telework as part of a continuity of operations plan.
Sec. 6503. Implementation
In order to carry out the purposes of this chapter--
(1) the head of each agency shall ensure that--
(A) appropriate training is provided to
supervisors and managers and to all employees
who are authorized to telework; and
(B) no distinction is made between
teleworkers and nonteleworkers for purposes of
performance appraisals;
(2) the General Services Administration, in
coordination with the Office of Personnel Management,
shall provide advice, assistance, and, to the extent
necessary, training to agencies, including with respect
to--
(A) questions of eligibility to telework,
including considerations relating to employee
performance; and
(B) making teleworking part of the agency's
goals, including those of individual
supervisors and managers;
(3) the General Services Administration, in
coordination with the Office of Management and Budget
and the National Institute of Standards and Technology,
shall prescribe regulations, within 120 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 in, or
otherwise affected by, teleworking; such regulations
shall be consistent with information security policies
and guidance issued by the Office of Management and
Budget and the National Institute of Standards and
Technology, and shall, at a minimum, include
requirements necessary--
(A) to control access to agency information
and information systems;
(B) to protect agency information (including
personally identifiable information) and
information systems;
(C) to limit the introduction of
vulnerabilities;
(D) to protect information systems not under
the control of the agency that are used for
teleworking; and
(E) to safeguard the use of wireless and
other telecommunications capabilities used for
telework purposes; and
(4) the General Services Administration shall--
(A) maintain a central, publicly available
telework website; and
(B) include on that website any regulations
relating to teleworking and any other
information the General Services Administration
considers appropriate.
Sec. 6504. Telework Managing Officer
(a) Appointment and Compensation.--
(1) In general.--There may be within each agency an
officer to be known as the ``Telework Managing
Officer''. The Telework Managing Officer of an agency--
(A) shall be appointed--
(i) by the Chief Human Capital
Officer of such agency; or
(ii) if none, by the head of such
agency; and
(B) shall be compensated at a rate not less
than the minimum rate of basic pay for grade
GS-15 of the General Schedule.
(2) Waiver.--The Administrator of General Services
may waive the minimum rate requirement under paragraph
(1)(B) with respect to an agency if such agency has
fewer than 100 employees (determined on a full-time
equivalent basis) and the head of such agency certifies
that being required to comply with paragraph (1)(B)
would adversely impact agency operations.
(b) Limitations.--An individual may not hold the position of
Telework Managing Officer as a noncareer appointee (as defined
in section 3132(a)(7)), and such position may not be considered
or determined to be of a confidential, policy-determining,
policy-making, or policy-advocating character.
(c) Duties and Responsibilities.--The duties and
responsibilities of the Telework Managing Officer of an agency
shall be as follows:
(1) Serving as--
(A) an advisor on teleworking to the head of
such agency and to the Chief Human Capital
Officer of such agency (if any);
(B) a resource on teleworking for
supervisors, managers, and employees of such
agency; and
(C) the agency's primary point of contact on
teleworking matters for employees of such
agency, Congress, and other agencies.
(2) Ensuring that the agency's teleworking policy is
communicated effectively to employees.
(3) Ensuring that electronic or written notification
is provided to each employee of specific telework
programs and the agency's teleworking policy, including
authorization criteria and application procedures.
(4) Developing and administering a tracking system
for compliance with Governmentwide telework reporting
requirements.
(5) Providing to the Comptroller General and to the
Administrator of General Services such information as
the Comptroller General may require to prepare the
annual reports under section 6505(b).
(6) Establishing a system for receiving feedback from
agency employees on the agency's teleworking policy.
(7) Developing and implementing a program to identify
and remove barriers to teleworking and to maximize
teleworking opportunities in the agency.
(8) Ensuring that employees are notified of grievance
procedures available to them (if any) with respect to
any disputes that relate to teleworking.
(9) Performing such other duties and responsibilities
relating to teleworking as the head of the agency may
require.
(d) Alternative to Telework Managing Officer.--If no Telework
Managing Officer is appointed under subsection (a) with respect
to an agency, the duties and responsibilities of a Telework
Managing Officer shall be carried out by the Chief Human
Capital Officer of, or a career employee in, such agency, as
determined by the agency head.
Sec. 6505. Annual telework agency rating
(a) In General.--The Comptroller General shall establish a
system for evaluating--
(1) the teleworking policy of each agency; and
(2) employee participation in telework programs at
each agency.
(b) Annual Report.--The Comptroller General shall, based on
the system established under subsection (a), submit an annual
report to the Committee on Oversight and Government Reform of
the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate. Each report
under this subsection shall, with respect to the period covered
by such report--
(1) evaluate the teleworking policy of each agency;
(2) for each agency, indicate the total number of
employees in such agency and identify--
(A) the number and percentage of employees
who were eligible to telework;
(B) the number and percentage of employees
who teleworked an average of at least once a
week on a regular basis, determined based on
time spent actually teleworking;
(C) the number and percentage of employees
who teleworked an average of at least 20
percent of the hours that they worked in every
2 administrative workweeks, determined based on
time spent actually teleworking;
(D) the number and percentage of employees
who teleworked at least once a month on a
regular basis, determined based on time spent
actually teleworking;
(E) the number and percentage of employees
who were not authorized to telework and the
reasons why they were not so authorized;
(F) the number and percentage of employees
who were authorized to telework and then later
stopped teleworking, the reasons why those
employees stopped teleworking, and whether
their stopping was voluntary or due to other
factors, such as office coverage needs or
productivity;
(G) the extent to which barriers to
maximizing teleworking opportunities have been
identified and eliminated;
(H) the impact (if any) of the agency's
teleworking policy on the recruitment and
retention of employees;
(I) the impact (if any) of the agency's
teleworking policy on the performance of agency
employees; and
(J) the level of employee satisfaction with
the agency's teleworking policy, determined
based on employee feedback;
(3) evaluate the compliance of each agency with the
requirements of this chapter; and
(4) identify best practices in agency teleworking
programs.
A report under this subsection shall be submitted for the year
in which the regulations under section 6502(a)(2)(A) take
effect and for each of the 4 succeeding years. Each such report
shall be submitted within 6 months after the end of the year to
which it relates.
(c) Minimum Requirement for Compliance.--For purposes of
subsection (b)(3), an agency shall not be considered to be in
compliance with the requirements of this chapter unless the
employees of such agency who were authorized to telework were
permitted to telework for at least 20 percent of the hours that
they worked in every 2 administrative workweeks (disregarding
any workweeks for which such employees did not submit a request
or for which they were otherwise ineligible to telework).
Sec. 6506. Continuity of operations
(a) In General.--The head of each agency shall ensure that--
(1) to the maximum extent practicable, teleworking is
incorporated into the continuity of operations planning
of such agency; and
(2) mission critical personnel, as determined by the
head of such agency, are equipped to telework in time
of a catastrophe.
(b) Coordination Rule.--The continuity of operations plan of
an agency shall supersede any teleworking policy of such agency
to the extent that they are inconsistent with one another.
(c) Agency Defined.--For purposes of carrying out subsection
(a)(2), the term ``agency'' means an agency named in paragraph
(1) or (2) of section 901(b) of title 31.
* * * * * * *
----------
SECTION 622 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE
JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005
Sec. 622. The Departments of Commerce, Justice, State, the
Judiciary, 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 are made available to 100 percent
of the eligible workforce: Provided, That, of the total amounts
appropriated to the Departments of Commerce, Justice, State,
the Judiciary, the Securities and Exchange Commission and the
Small Business Administration, $5,000,000 shall be available
only upon such certification: Provided further, That each
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] appoint or designate a Telework Managing
Officer 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.
----------
SECTION 1303 OF PUBLIC LAW 107-296
[SEC. 1303. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.
[(a) Establishment.--There is established a Chief Human
Capital Officers Council, consisting of--
[(1) the Director of the Office of Personnel
Management, who shall act as chairperson of the
Council;
[(2) the Deputy Director for Management of the Office
of Management and Budget, who shall act as vice
chairperson of the Council; and
[(3) the Chief Human Capital Officers of Executive
departments and any other members who are designated by
the Director of the Office of Personnel Management.
[(b) Functions.--The Chief Human Capital Officers Council
shall meet periodically to advise and coordinate the activities
of the agencies of its members on such matters as modernization
of human resources systems, improved quality of human resources
information, and legislation affecting human resources
operations and organizations.
[(c) Employee Labor Organizations at Meetings.--The Chief
Human Capital Officers Council shall ensure that
representatives of Federal employee labor organizations are
present at a minimum of 1 meeting of the Council each year.
Such representatives shall not be members of the Council.
[(d) Annual Report.--Each year the Chief Human Capital
Officers Council shall submit a report to Congress on the
activities of the Council.]
* * * * * * *
ADDITIONAL VIEWS OF RANKING MEMBER TOM DAVIS
Far too many federal agencies are missing the opportunity
to promote teleworking among their employees. Ninety percent of
the employees eligible to telework do not do so at this time.
The Telework Improvements Act of 2008 would require federal
agencies to put in place telework policies and to utilize
telework as much as possible.
With the vast majority of the federal government's
workforce located here in the National Capital Region,
utilizing telework will have an immediate and dramatic impact
on the traffic congestion in the region. It will also increase
worker productivity as our federal workforce spends less time
commuting to and from work every day. As an added benefit,
keeping people off the roads will reduce our carbon emissions.
Everybody benefits, not just the teleworkers.
Prior to the Committee's consideration of the bill, several
improvements were made to the legislation--many at our request.
First, the reported version includes stronger language
regarding the protection of information being accessed through
remote networks. This IT security language is important to
reassure the general public that, as we promote the use of
telework in federal agencies, the government is taking
necessary steps to make sure personal information is
safeguarded.
Second, the reported version requires agencies to further
integrate telework into their continuity of operations planning
by making sure mission critical personnel are prepared to
telework in the event of a major disaster, such as a terrorist
attack or an outbreak of the pandemic flu.
Third, the reported version tasks the Chief Human Capital
Officers Council with being a central coordinator of best
practices for agencies regarding telework.
Fourth, the reported version gives agencies some
flexibility in determining how best to promote telework within
their workforce by allowing them to either assign the telework
responsibilities to the agency's Chief Human Capital Officer or
to a career official at the agency. I was concerned that the
original legislation imposed an excessive amount of new
bureaucracy upon the government in conjunction with telework--
this added flexibility largely addresses my concern.
Promoting the use of telework by the federal workforce will
improve employee efficiency and ultimately lead to better
services being provided to the American public, and I
appreciate the Chairman's willingness to work with us on this
legislation.
Tom Davis.