[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4106 Referred in Senate (RFS)]

  2d Session
                                H. R. 4106


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 4, 2008

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
 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.

    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 Improvements Act of 2008''.

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. Governmentwide telework requirement.
``6503. Implementation.
``6504. Telework Managing Officer.
``6505. Evaluating telework in agencies.
``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; and
            ``(3) the term `continuity of operations' refers to an 
        effort within individual executive departments and agencies to 
        ensure that primary mission essential functions continue to be 
        performed during a wide range of emergencies, including 
        localized acts of nature, accidents, public health emergencies, 
        and technological or attack-related emergencies.
``Sec. 6502. Governmentwide telework requirement
    ``(a) Telework 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 are authorized to 
                telework--
                            ``(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 telework 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 to be jointly controlled and funded by 
                the General Services Administration and the Office of 
                Personnel Management; and
                    ``(B) include on that website any regulations 
                relating to telework and any other information the 
                General Services Administration and the Office of 
                Personnel Management consider appropriate.
``Sec. 6504. Telework Managing Officer
    ``(a) Appointment and Compensation.--
            ``(1) In general.--Each agency may appoint an officer to be 
        known as the `Telework Managing Officer'. If an agency appoints 
        a Telework Managing Officer, such Officer--
                    ``(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 telework policy.
            ``(7) Developing and implementing a program to identify and 
        remove barriers to telework and to maximize telework 
        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 telework.
            ``(9) Performing such other duties and responsibilities 
        relating to telework 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. Evaluating telework in agencies
    ``(a) In General.--The Comptroller General shall establish a system 
for evaluating--
            ``(1) the telework 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 telework 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 telework 
                policy on the recruitment and retention of employees;
                    ``(I) the impact (if any) of the agency's telework 
                policy on the performance of agency employees; and
                    ``(J) the level of employee satisfaction with the 
                agency's telework 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 telework 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, telework 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 telework 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. Telework..............................................    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 a Telework Managing Officer or designate 
the Chief Human Capital Officer or other career employee 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, 
telework (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 Telework 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 telework 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 
        telework for essential and non-essential personnel;
            (3) the extent to which agencies have used telework 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 ``telework'' 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 agency named in paragraph 
        (1) or (2) of section 901(b) of title 31, United States Code.

            Passed the House of Representatives June 3, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.