[Congressional Record Volume 156, Number 66 (Wednesday, May 5, 2010)]
[House]
[Pages H3158-H3163]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   TELEWORK IMPROVEMENTS ACT OF 2010

  Mr. LYNCH. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 1722) to require the head of each executive agency to 
establish and implement a policy under which employees shall be 
authorized to telework, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1722

       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 
     2010''.

     SEC. 2. TELEWORK.

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

                         ``CHAPTER 65--TELEWORK

``Sec.
``6501. Definitions.
``6502. Governmentwide telework requirement.
``6503. Implementation.
``6504. Telework Managing Officer.
``6505. Evaluating telework in agencies.

     ``Sec. 6501. Definitions

       ``For purposes of this chapter--
       ``(1) the term `agency' means an Executive agency (as 
     defined by section 105), except as otherwise provided in this 
     chapter;
       ``(2) the term `telework' or `teleworking' refers to a work 
     flexibility arrangement under which an employee performs the 
     duties and responsibilities of such employee's position, and 
     other authorized activities, from an approved worksite other 
     than the location from which the employee would otherwise 
     work;
       ``(3) the term `continuity of operations', as used with 
     respect to an agency, refers to measures designed to ensure 
     that functions essential to the mission of the agency can 
     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; 
     and
       ``(4) the term `Telework Managing Officer' means, with 
     respect to an agency, the Telework Managing Officer of the 
     agency designated under section 6504.

     ``Sec. 6502. Governmentwide telework requirement

       ``(a) Telework Requirement.--
       ``(1) In general.--Not later than one year 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) Agency policies.--The head of each agency shall 
     ensure--
       ``(A) that the telework policy established under this 
     section--
       ``(i) conforms to the regulations promulgated by the 
     Director of the Office of Personnel Management under section 
     6503, and
       ``(ii) authorizes employees to telework to the maximum 
     extent possible without diminishing agency operations and 
     performance; and
       ``(B) that information on whether a position is eligible 
     for telework is included in descriptions of available 
     positions and recruiting materials.
       ``(b) Provisions Relating to 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 direct handling of classified 
     information; or
       ``(B) are such that their performance requires on-site 
     activity which cannot be carried out from a site removed from 
     the employee's regular place of employment; or
       ``(2) to prevent the temporary denial of permission for an 
     employee to telework if, in the judgment of the agency head, 
     the employee is needed to respond to an emergency.
       ``(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

       ``(a) Responsibilities of Agencies.--The head of each 
     agency shall ensure that--
       ``(1) appropriate training is provided to supervisors and 
     managers, and to all employees who are authorized to 
     telework, as directed by the Telework Managing Officer of 
     such agency;
       ``(2) the training covers the information security 
     guidelines issued by the Director of the Office of Management 
     and Budget under this section;
       ``(3) no distinction is made between teleworkers and 
     nonteleworkers for purposes of--
       ``(A) periodic appraisals of job performance of employees,
       ``(B) training, rewarding, reassigning, promoting, reducing 
     in grade, retaining, or removing employees,
       ``(C) work requirements, or
       ``(D) other acts involving managerial discretion;
       ``(4) in determining what constitutes diminished 
     performance in the case of an employee who teleworks, the 
     agency shall consult the performance management guidelines of 
     the Office of Personnel Management; and
       ``(5) in the case of an agency which is named in paragraph 
     (1) or (2) of section 901(b) of title 31, the agency 
     incorporates telework in its continuity of operations plans 
     and uses telework in response to emergencies.
       ``(b) Responsibilities of OPM.--The Director of the Office 
     of Personnel Management shall--
       ``(1) not later than 180 days after the date of the 
     enactment of this chapter, in consultation with the 
     Administrator of General Services, promulgate regulations 
     necessary to carry out this chapter, except that such 
     regulations shall not apply with respect to the Government 
     Accountability Office;
       ``(2) provide advice, assistance, and any necessary 
     training to agencies with respect to--
       ``(A) questions of eligibility to telework, such as the 
     effect of employee performance on eligibility, and
       ``(B) making telework part of the agency's goals, including 
     those of individual supervisors and managers; and
       ``(3) in consultation with the Administrator of General 
     Services, maintain a central, publicly available telework 
     website that includes--
       ``(A) any regulations relating to telework and any other 
     information the Director considers appropriate,
       ``(B) an e-mail address which may be used to submit 
     comments to the Director on agency telework programs or 
     agreements, and
       ``(C) a copy of all reports issued under section 6505(a).
       ``(c) Security Guidelines.--The Director of the Office of 
     Management and Budget, in coordination with the National 
     Institute of Standards and Technology, shall issue guidelines 
     not later than 180 days after the date of the enactment of 
     this chapter to ensure the adequacy of information and 
     security protections for information and information systems 
     used in, or otherwise affected by, teleworking. Such 
     guidelines shall, at a minimum, include requirements 
     necessary--
       ``(1) to control access to agency information and 
     information systems;
       ``(2) to protect agency information (including personally 
     identifiable information) and information systems;
       ``(3) to limit the introduction of vulnerabilities;
       ``(4) to protect information systems not under the control 
     of the agency that are used for teleworking; and
       ``(5) to safeguard wireless and other telecommunications 
     capabilities that are used for teleworking.

     ``Sec. 6504. Telework Managing Officer

       ``(a) Designation and Compensation.--Each agency shall 
     designate an officer, to be known as the `Telework Managing 
     Officer'. The Telework Managing Officer of an agency shall be 
     designated--
       ``(1) by the Chief Human Capital Officer of such agency; or
       ``(2) if the agency does not have a Chief Human Capital 
     Officer, by the head of such agency.
       ``(b) Status Within Agency.--The Telework Managing Officer 
     of an agency shall be a senior official of the agency who has 
     direct access to the head of the agency.
       ``(c) 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.
       ``(d) Duties and Responsibilities.--Each Telework Managing 
     Officer of an agency shall--
       ``(1) provide advice on teleworking to the head of such 
     agency and to the Chief Human Capital Officer of such agency 
     (if any);
       ``(2) serve as a resource on teleworking for supervisors, 
     managers, and employees of such agency;
       ``(3) serve as the primary point of contact on telework 
     matters for agency employees and (with respect to such 
     agency) for Congress and other agencies;
       ``(4) work with senior management of the agency to develop 
     and implement a plan to incorporate telework into the 
     agency's regular business strategies and its continuity of 
     operations strategies, taking into consideration factors such 
     as--
       ``(A) cost-effectiveness,
       ``(B) equipment,
       ``(C) training, and
       ``(D) data collection;

[[Page H3159]]

       ``(5) ensure that the agency's telework policy is 
     communicated effectively to employees;
       ``(6) ensure that electronic or written notification is 
     provided to each employee of specific telework programs and 
     the agency's telework policy, including authorization 
     criteria and application procedures;
       ``(7) develop and administer a tracking system for 
     compliance with Governmentwide telework reporting 
     requirements;
       ``(8) provide to the Director of the Office of Personnel 
     Management and the Comptroller General such information as 
     such individuals may require to prepare the reports required 
     under section 6505, including the techniques used to verify 
     and validate data on telework, except that this paragraph 
     shall not apply with respect to the Government Accountability 
     Office;
       ``(9) establish a system for receiving feedback from agency 
     employees on the telework policy of the agency;
       ``(10) develop and implement a program to identify and 
     remove barriers to telework and to maximize telework 
     opportunities in the agency;
       ``(11) track and retain information on all denials of 
     permission to telework for employees who are authorized to 
     telework, and report such information on an annual basis to--
       ``(A) the Chief Human Capital Officer of such agency (or, 
     if the agency does not have a Chief Human Capital Officer, 
     the head of such agency), and
       ``(B) the Director of the Office of Personnel Management, 
     for purposes of preparing the reports required under section 
     6505(a), except that this subparagraph shall not apply with 
     respect to the Government Accountability Office;
       ``(12) ensure that employees are notified of grievance 
     procedures available to them (if any) with respect to any 
     disputes that relate to telework; and
       ``(13) perform such other duties and responsibilities 
     relating to telework as the head of the agency may require.
       ``(e) Rule of Construction Regarding Status of Telework 
     Managing Officer.--Nothing in this section shall be construed 
     to prohibit an individual who holds another office or 
     position in an agency from serving as the Telework Managing 
     Officer for the agency under this chapter.

     ``Sec. 6505. Evaluating telework in agencies

       ``(a) Annual Report by OPM.--
       ``(1) In general.--The Director of the Office of Personnel 
     Management shall submit to the Comptroller General and the 
     appropriate committees of Congress a report evaluating the 
     extent to which each agency is in compliance with this 
     chapter with respect to the period covered by the report, and 
     shall include in the report an evaluation of each of the 
     following:
       ``(A) The degree of participation by employees of the 
     agency in teleworking during the period. In the case of an 
     agency which is an Executive department, the evaluation will 
     include the degree of participation by employees of each 
     component within the department, including--
       ``(i) the total number of employees in the agency;
       ``(ii) the number and percentage of such employees who are 
     eligible to telework; and
       ``(iii) the number and percentage of such employees who do 
     telework, broken down by the number and percentage who 
     telework 3 or more days per week, one or two days per week, 
     and less frequently than one day per week.
       ``(B) The method the agency uses to gather data on telework 
     and the techniques used to verify and validate such data.
       ``(C) Whether the total number of employees who telework is 
     at least 10% higher or lower than the number who teleworked 
     during the previous reporting period and the reasons 
     identified for any such change.
       ``(D) The agency's goal for increasing the number of 
     employees who telework in the next reporting period.
       ``(E) The extent to which the agency met the goal described 
     in subparagraph (D) for its previous report, and, if the 
     agency failed to meet the goal, the actions the agency plans 
     to take to meet the goal for the next reporting period.
       ``(F) The best practices in agency telework programs.
       ``(G) In the case of an agency which is named in paragraph 
     (1) or (2) of section 901(b) of title 31, the extent to which 
     the agency incorporated telework in its continuity of 
     operations plans and used telework in response to 
     emergencies.
       ``(2) Minimum requirement for compliance.--For purposes of 
     the reports required under this subsection, the Director 
     shall determine that an agency is in compliance with the 
     requirements of this chapter if the Director finds that the 
     agency--
       ``(A) reported the requested data accurately and in a 
     timely manner; and
       ``(B) either met or exceeded the agency's established 
     telework goals, or provided explanations as to why the goals 
     were not met as well as the steps the agency is taking to 
     meet the goals.
       ``(3) Reporting period; timing.--The Director shall submit 
     a report under this subsection with respect to the first 1-
     year period for which the regulations promulgated by the 
     Director under section 6503(b) are in effect and each of the 
     4 succeeding 1-year periods, and shall submit the report with 
     respect to a period not later than 6 months after the last 
     day of the period to which the report relates.
       ``(4) Exclusion of government accountability office.--The 
     Director shall not submit a report under this subsection with 
     respect to the Government Accountability Office.
       ``(b) Reports by Comptroller General.--
       ``(1) Evaluations of reports by director of opm.--Not later 
     than 6 months after the Director submits a report under 
     subsection (a), the Comptroller General shall review the 
     report and submit a report to the appropriate committees of 
     Congress. The report shall evaluate the compliance of the 
     Office of Personnel Management and agencies with this chapter 
     and address the overall progress of agencies in carrying out 
     this chapter, and shall include such other information and 
     recommendations as the Comptroller General considers 
     appropriate.
       ``(2) Reports on government accountability office.--The 
     Comptroller General shall submit a report with respect to the 
     Government Accountability Office in the same manner and in 
     accordance with the same requirements applicable to a report 
     submitted by the Director with respect to any other agency 
     under subsection (a).
       ``(c) Appropriate Committees of Congress Defined.--In this 
     section, the term `appropriate committees of Congress' 
     means--
       ``(1) the Committee on Oversight and Government Reform of 
     the House of Representatives; and
       ``(2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate.''.
       (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 
     ``designate a Telework Managing Officer or designate the 
     Chief Human Capital Officer or other career employee to be''.

     SEC. 3. POLICY GUIDANCE.

       Not later than the expiration of the 120-day period which 
     begins on the date of the enactment of this Act, the Director 
     of the Office of Management and Budget shall issue policy 
     guidance requiring each Executive agency (as such term is 
     defined in section 105 of title 5, United States Code), when 
     purchasing computer systems, to purchase computer systems 
     that enable and support telework, unless the head of the 
     agency determines that there is a mission-specific reason not 
     to do so.

     SEC. 4. TRAVEL EXPENSE TEST PROGRAMS.

       Section 5710 of title 5, United States Code, is amended to 
     read as follows:

     ``Sec. 5710. Authority for travel expense test programs

       ``(a)(1) Notwithstanding any other provision of this 
     subchapter, if the Administrator of General Services 
     determines it to be in the interest of Government, the 
     Administrator may approve the request of an agency to operate 
     a test program under which the agency may pay through the 
     proper disbursing official any necessary travel expenses of 
     the employee in lieu of any payment otherwise authorized or 
     required under this subchapter. Under an approved test 
     program, an agency may provide an employee with the option to 
     waive any payment authorized or required under this 
     subchapter. An agency shall include in any request to the 
     Administrator for approval of such a test program an analysis 
     of the expected costs and benefits and a set of criteria for 
     evaluating the effectiveness of the test program.
       ``(2) Any test program operated under this section shall be 
     designed to enhance cost savings or other efficiencies that 
     accrue to the Government.
       ``(b) The Administrator shall transmit a description of any 
     test program approved or extended by the Administrator under 
     this section to the appropriate committees of the Congress 
     not later than 30 days before the program or extension takes 
     effect.
       ``(c)(1) An agency operating a test program approved under 
     this section shall annually submit a report on the results of 
     the program to date to the Administrator.
       ``(2) Not later than 3 months after the conclusion of a 
     test program approved under this section, the agency 
     operating the program shall submit a final report on the 
     results of the program to the Administrator and the 
     appropriate committees of Congress.
       ``(d) The Administrator may approve such number of test 
     programs under this section as the Administrator considers 
     appropriate, including test programs which are carried out on 
     a government-wide basis, except that the number of test 
     programs in operation at any time may not exceed 12 and test 
     programs shall be conducted consistent with chapter 71 of 
     this title.
       ``(e)(1) The Administrator may not approve any test program 
     under this section for an initial period of more than 2 
     years.
       ``(2) Upon a showing of enhanced cost savings, the 
     Administrator may extend an approved test program for an 
     additional period not to exceed 2 years.
       ``(f) In this section, the term `appropriate committees of 
     Congress' means the Committee on Oversight and Government 
     Reform of the House of Representatives and the

[[Page H3160]]

     Committee on Homeland Security and Governmental Affairs of 
     the Senate.
       ``(g) The authority to conduct test programs under this 
     section shall expire upon the expiration of the 6-year period 
     which begins on the date of the enactment of the Telework 
     Improvements Act of 2010.''.

     SEC. 5. TELEWORK RESEARCH.

       (a) Research by OPM on Telework.--The Director of the 
     Office of Personnel Management shall--
       (1) conduct studies on the utilization of telework by 
     public and private sector entities that identify best 
     practices and recommendations for the Federal government;
       (2) review the outcomes associated with an increase in 
     telework, including the effects of telework on energy 
     consumption, the environment, job creation and availability, 
     urban transportation patterns, and the ability to anticipate 
     the dispersal of work during periods of emergency; and
       (3) make any studies or reviews performed under this 
     subsection available to the public.
       (b) Use of Contract to Carry Out Research.--The Director of 
     the Office of Personnel Management may carry out subsection 
     (a) pursuant to a contract entered into by the Director using 
     competitive procedures.

     SEC. 6. PAYGO COMPLIANCE.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go-Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Massachusetts (Mr. Lynch) and the gentleman from Utah (Mr. Chaffetz) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Massachusetts.


                             General Leave

  Mr. LYNCH. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and add any extraneous materials.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Massachusetts?
  There was no objection.
  Mr. LYNCH. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, as chairman of the House subcommittee with 
jurisdiction over the Federal workforce, postal service, and the 
District of Columbia, I am pleased to present H.R. 1722 for 
consideration. This legislation seeks to improve and expand access to 
telework among Federal employees governmentwide.
  The bipartisan measure before us today was introduced by my friend 
and colleague, Representative John Sarbanes of Maryland, along with 
myself and Congressmen Frank Wolf, Gerry Connolly, Jim Moran, Dutch 
Ruppersberger, and Danny Davis on March 25, 2009. The bill was amended 
and favorably ordered reported by the Oversight and Government Reform 
Committee on April 14, 2010.
  Madam Speaker, despite the evolving nature of the way the Federal 
Government conducts its affairs, telework continues to be underutilized 
by Federal agencies. H.R. 1722 provides for improvements to increase 
the number of Federal employees that participate in telework programs. 
Some of the most notable aspects of this legislation include: requiring 
agencies to develop telework policies within 1 year that allow 
authorized employees to telework; directing the Office of Personnel 
Management to develop regulations on overall telework policies and to 
annually evaluate agency telework programs; requiring the Office of 
Management and Budget to issue guidelines on information security 
protections for telework; and instructing agencies to designate a 
telework managing officer to ensure effective development and 
implementation of telework plans.
  H.R. 1722 also seeks to elevate the importance of incorporating 
telework into the continuity of operations planning of agencies. 
Notably, the Office of Personnel Management and its Director, John 
Berry, estimated that telework reduced the estimated cost of lost 
productivity during the snowstorms this past winter by $30 million.
  H.R. 1722 is critical if the Federal Government is going to evolve 
into a more efficient, prepared, and environmentally responsible 
entity.
  This legislation is being considered with an amendment making 
technical corrections. Notably, H.R. 4106, a bill similar to H.R. 1722, 
was passed by this body during the 110th Congress.
  I urge my colleagues to again take action to move telework forward by 
passing H.R. 1722, the Telework Improvements Act of 2010.
  Madam Speaker, I reserve the balance of my time.
  Mr. CHAFFETZ. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, H.R. 1722 would require each executive agency to 
establish a policy under which employees may be authorized to telework 
to the maximum extent possible without diminishing employee performance 
or agency operations.
  Telework has been shown to save money on infrastructure, 
transportation, and other costs. At the Patent and Trade Office, for 
instance, millions of dollars have been saved through the reduction of 
office space due to increased use of telework.
  In addition, telework has proven to be an effective way to attract 
and retain highly qualified, skilled, and motivated employees. As the 
baby boomer generation begins to retire, these types of tools will be 
essential to ensuring that the Federal Government can attract the next 
generation of employees.
  This bill would require the Office of Personnel Management to 
maintain a central, publicly available telework Web site, including 
regulations regarding telework, and a confidential hotline and email 
address to report abuse. It will also help ensure telework is included 
in continuity of operations planning. We saw earlier this year the 
amazing amount of snow that fell upon Washington, D.C. If we had more 
extensive telework plans in place, I think the cost to the government 
would have been certainly diminished.
  We must ensure that privacy and security is maintained. That is 
paramount. It was one of my deep concerns, as we reviewed this bill 
within the committee, that privacy and security is maintained at all 
costs and that there be specific rules and regulations in place that 
are highly enforceable to make sure that the information is secure and 
private. This bill appears to take these factors into consideration as 
it is fully implemented.
  Historically, the Federal Government has not been at the forefront of 
deploying technology to permit alternative work environments, lagging 
behind the private sector in this important recruitment and retention 
tool. This bill will help close that gap.
  I want to thank Members on both sides of the aisle for their great 
work on this, including Mr. Wolf of Virginia and Mrs. Capito of West 
Virginia, as they seek to make sure that these types of policies are 
put into place and that we, as the Federal Government, with the 
millions of Federal employees, are doing the right thing in expanding 
this type of work and making sure that we have the proper rules, 
regulations, and the safety and security that we need for the 
confidential information that our Federal employees deal with.
  Madam Speaker, I ask my colleagues to join me in supporting this 
bill, and I reserve the balance of my time.
  Mr. LYNCH. Madam Speaker, at this time, it gives me great pleasure to 
yield 5 minutes to Representative John Sarbanes, the gentleman from 
Maryland, who is the lead sponsor on our side in support of this 
legislation.
  Mr. SARBANES. Madam Speaker, I want to thank Chairman Lynch for 
yielding his time. I want to thank him for his support of this very 
important bill. Also, Congressman Gerry Connolly is going to speak, I 
believe, and he has been very supportive. We have bipartisan support on 
this bill. I think it is a commonsense approach, and I am delighted 
that we have it on the floor today.
  We have been working for some time to try to strengthen the 
telecommuting/telework policy across our Federal agencies, and this 
legislation will make sure that we have a good, strong policy in place. 
For starters, it's going to instruct the Office of Personnel Management 
to develop a uniform, governmentwide telework policy for Federal 
employees. We haven't had this in place before. We've had agencies that 
have pursued telework, some with great success, but we haven't had a 
uniform approach and emphasis on telework in all of our Federal 
agencies, and OPM will make sure that that happens.

[[Page H3161]]

  I want to say, as an aside, that John Berry, who is the new head of 
the Office of Personnel Management, is totally on board with this. He's 
really on the leading edge, and he's as excited as we are that this 
legislation is on the floor today.
  This is really about good government. There is information--in fact, 
the nonpartisan Partnership for Public Service has released a study 
that indicates that within the next 5 years, approximately 550,000 
Federal employees--which is almost 30 percent of the Federal 
workforce--is going to retire or leave government and we need the best 
and the brightest folks to come in and take their place. That's a 
responsibility that we have. We need to be competing in the workplace 
and in the market for the most talented people. One way that you do 
that is to show that you have flexible policies and that telework is 
part and parcel of the Federal workplace.
  Now, the U.S. Patent and Trademark Office, the Defense Information 
Systems Agency, and some other agencies have really led the way. They 
have made this state of the art within their workplace, telework, and 
they're showing what can be done at the highest levels. We believe 
other agencies can come to the table and demonstrate the same thing.
  It is going to improve productivity. In those agencies where this has 
been implemented well and across the board, you are seeing productivity 
go up, not just among the people that are teleworking, but across the 
entire workforce, because it is a cultural shift in terms of how 
performance is measured.
  All of my colleagues have already mentioned the continuity of 
operations dimension of this, which was illustrated in ways that could 
hardly have been more compelling by the snowstorms that we experienced 
in February. Because there was telework within some of the Federal 
agencies, they were able to save a tremendous amount of money in terms 
of lost productivity. So we're very excited about this opportunity.
  Just some other details of the legislation I would like to mention 
before I yield back:
  The appointment of a telework managing officer within each agency to 
be the point person, to be the resource to make sure that the policy is 
in front of the employees at that agency so they understand what kind 
of opportunities are available to them;
  Training and education for both supervisors and employees;
  Governmentwide evaluation on a periodic basis. The Government 
Accountability Office will be part of that to make sure that we are 
moving towards these telework compliance goals that are being set 
forth.
  So we're excited about this opportunity, we look forward to our 
Federal agencies embracing this new policy and taking telework to the 
next level.
  Mr. CHAFFETZ. Madam Speaker, I yield 5 minutes to my distinguished 
colleague from the State of West Virginia (Mrs. Capito).
  Mrs. CAPITO. I would like to thank the gentleman from Utah for 
yielding me time, and I would like to thank the sponsor of the bill.
  As a cosponsor of this legislation, I rise today in support of H.R. 
1722.
  I represent the eastern panhandle of West Virginia that continues to 
welcome new residents seeking the lower cost of living and family-
oriented environment that West Virginia offers. Many of these new West 
Virginians work in the Washington, D.C., area for the Federal 
Government.
  Telework would further improve the quality of life for these 
commuters. Teleworking would allow these workers to perform their 
duties and responsibilities from home or at another worksite--we 
actually have a remote telework facility in Jefferson County--where 
they would be removed from their regular workplace.
  Telework would be good for families because it provides employees the 
flexibility they need to meet daily demands. It's an environmental bill 
because I believe it will reduce traffic congestion and air pollution 
as well as gasoline consumption.
  Additionally, employers benefit from the increased productivity. I 
think the private sector has studies out there showing that telework 
can be much more productive for the overall organization: improved 
morale, fewer sick leave days used, better worker retention, and 
reduced costs for office space.
  As telework is more widely adopted by the private sector, it is 
critical that the Federal Government continue to keep pace and serve as 
a model for telework. Several agencies within the Federal Government 
have already established efficient and effective telework policies, but 
H.R. 1722 requires each executive agency to establish a policy under 
which employees would be authorized to telework to the maximum extent 
possible without diminishing employee performance or agency operations.
  As both speakers have stated, many law enforcement, home security, 
and emergency preparedness agencies on all levels of government 
advocate formal agency telework policies because they can aid 
continuity of operations planning for crises--such as the February 
snowstorms that crippled the Washington, D.C., area--through organized 
dispersal of employees and computer/telecom technology.
  I know that telework may not work for every job, but there are jobs 
today that lend themselves to telework. Nearly 20 million Americans 
telework today, and at least 40 percent of American jobs are compatible 
with telework. I believe that instead of sitting in traffic for hours 
during the daily commute, time is better spent sitting down to dinner 
as a family, helping kids with their homework, or other important 
events that happen during the day which teleworking would allow many of 
our Federal employees to do on a regular basis.
  I urge passage of this legislation.

                              {time}  1315

  Mr. LYNCH. Madam Speaker, I want to thank the gentlelady from West 
Virginia for her thoughtful remarks, and I yield 5 minutes to the 
gentleman from Virginia (Mr. Connolly) who is also an original 
cosponsor and a tireless champion of this legislation.
  Mr. CONNOLLY of Virginia. Madam Speaker, I want to thank my good 
friend from Massachusetts who has so ably shepherded this legislation 
to this point.
  The Telework Improvements Act is an important piece of legislation 
because it will help us meet five critical policy goals: reduction of 
dependence on foreign oil; reduction in traffic congestion; improvement 
in air quality; improvement in Federal recruitment and retention; and 
improvement in the continuity of operations plan for the Federal 
Government.
  I want to particularly thank Congressman John Sarbanes for his 
leadership in introducing this legislation; my friend and colleague 
from Virginia, Frank Wolf, who has long championed this cause; the 
Office of Personnel Management Director John Berry; and of course the 
ranking member on the subcommittee, the gentleman from Utah (Mr. 
Chaffetz).
  Telework is an essential part of Federal personnel policy because it 
can help recruit and retain Federal employees. It can maintain 
continuity of operations in the event of an emergency, and reduce 
congestion and associated air pollution. That is very important in this 
National Capital Region, which is a nonattainment region as measured by 
the EPA.
  With 47 percent of the Federal workforce eligible for retirement 
sometime over the next 10 years or so, we must provide benefits that 
attract highly qualified employees. Many private companies already 
provide better telework benefits than does the Federal Government. We 
must not fall further behind. The ability to work from remote 
workstations relies on its regular use. Telework is an important and 
cost-effective component of efforts to reduce congestion, greenhouse 
gas pollution, and smog. According to the Telework Exchange, if 20 
percent of Americans teleworked, we could eliminate 67 million metric 
tons of greenhouse gas emissions annually and reduce Persian Gulf 
imports by 40 percent. These greenhouse gas emissions correspond to a 
reduction in ground level ozone in our region, which is critically 
important to protect the health of our region's residents.
  Only 6 percent of eligible Federal employees currently telework on a 
regular basis, even though the largely white collar workforce in our 
region is perfectly suited for telework. By contrast, in my county, 
Fairfax County, the largest suburb in the National Capital Region, 20 
percent of our eligible

[[Page H3162]]

workforce telecommutes at least one day a week. The Telework 
Improvements Act provides a vehicle to increase telework participation, 
establishing telework managing officers for each agency and integrating 
continuity of operations planning performance metrics. If I had my way, 
frankly, we would set a 20 percent goal for every Federal agency. 
Hopefully that is an issue we will revisit at some point.
  As an expression of support for this legislation, the Office of 
Personnel Management announced administrative changes to improve 
telework policy. This announcement followed an oversight hearing at 
which Director John Berry received several questions from committee 
members about telework and the introduction of this act. Since then, we 
have had multiple severe snowstorms, as has been mentioned, and the 
nuclear summit hosted by President Obama in the District of Columbia, 
all of which demonstrated the importance of telework.
  During the snowstorms, Federal workers saved taxpayers $30 million 
each day in lost productivity or productivity that would have otherwise 
been lost because of a telework program already in place. That 
represented the equivalent of a 30 percent telework rate which is 
achievable on a regular basis if we commit ourselves to a more robust 
effort. Aggressive telework targets like these have already been 
undertaken by leaders in the private sector. AT&T, for example, has 
achieved a telework participation rate of 33 percent, contrasted with 6 
percent in the Federal Government. It is estimated that many companies 
save as much as $2,000 per employee per year as a result of reduced 
absenteeism as a result of telework. Although OPM's telework 
initiatives are already making a positive difference, it is clear we 
need to create a statutory framework so it is not undone potentially by 
future administrations.
  In subcommittee markup, I introduced an amendment to direct GSA to 
work with other Federal agencies to ensure that telework is always a 
part of the continuity of operations planning. Should this legislation 
pass, we will be better prepared for future snowstorms or emergencies 
by enhancing the ability of Federal employees to work remotely. This 
amendment seems even more important in light of the attempted bombing 
in Times Square last week, and the ongoing terrorist threat faced here 
in the National Capital Region.
  I appreciate Chairman Lynch's willingness to work on this and a 
separate university-based telework center amendment that was adopted in 
full committee, and I urge my colleagues to support this legislation 
without further delay.
  Mr. CHAFFETZ. Mr. Speaker, I yield 5 minutes to my colleague, the 
gentleman from Virginia (Mr. Wolf) who has been a long-time advocate 
and has worked tirelessly on this issue.
  (Mr. WOLF asked and was given permission to revise and extend his 
remarks.)
  Mr. WOLF. Madam Speaker, I want to thank Mr. Sarbanes for his 
leadership on this issue. Most of the issues have been covered, but I 
would just say that there is nothing magic about strapping yourself 
into a metal box and driving 25 or 30 miles when you can telework. I 
think the important part of this legislation is the fact that Mr. 
Sarbanes will have someone in each agency, a senior person responsible. 
Some agencies do a great job, and others do not do very well. But also, 
it is important for the American people to know the productivity, the 
studies have shown that the productivity of people who are teleworking 
is very, very high. So you are really getting a lot for the government 
and for whoever is the employer.
  Secondly, with regard to the environment and the traffic and the 
congestion in this region and other regions, it is very important.
  Lastly, with the American family under such attack, the opportunity 
for moms and dads to spend more time with their families, singing in a 
church choir, or coaching Little League is very beneficial.
  I rise in strong support of H.R. 1722, the Telework Improvements Act, 
and thank the gentleman for yielding me time.
  I also want to thank Congressman John Sarbanes for introducing this 
important and necessary legislation, and the committee for moving this 
legislation to the floor.
  I am an original cosponsor and strong proponent of this bill.
  I have been a long-time and staunch supporter of telework, also 
referred to as telecommuting.
  Last Congress, Congressman Sarbanes and I teamed to introduce 
legislation to establish a National Telework Week.
  Last year, this House in a unanimous voice vote approved 
Representative Danny Davis's Telework Improvements Act of 2008, of 
which I was an original cosponsor.
  I was disappointed that the Senate did not act on that legislation, 
and am hopeful that the bill we will pass today will be given priority 
by the other body.
  My legislation, enacted in 2001, mandated a phased-in program to 
expand the number of federal employees who telework with the goal of 
giving every eligible federal worker this workplace option by the end 
of 2005.
  While annual surveys by the Office of Personnel Management on 
telework by federal employees have shown some progress in meeting the 
law's mandate, there is much more that agencies can do to expand 
telework.
  This legislation is an important next step in making the federal 
government a model telework employer. The federal government should be 
leading the way in developing an ``e-workforce'' and enhancing the use 
of the technologies of the 21st century to seamlessly link employees 
and employers.
  To emphasize the importance of telework in the federal workplace, 
when I chaired the Commerce-Justice-Science Appropriations 
subcommittee, I included provisions in the FY 2005, FY 2006 and FY 2007 
spending bills for the departments of Commerce, Justice, and State and 
related agencies to withhold $5 million from the agencies which failed 
to meet the 2001 law.
  Telework offers a 21st century workplace option that can reduce 
traffic congestion and air pollution, as well as cut gasoline 
consumption and dependency on foreign oil. Study after study has shown 
that telework is a win-win for both employees and employers.
  It gives employees the flexibility they need to meet daily demands.
  Employers--both government and private businesses--get the benefit of 
increased productivity, improved morale, fewer sick leave days used, 
better worker retention, and reduced costs for office space.
  As we face the realities of the post 9/11 world, ensuring continuity 
of operations of the federal government is one more reason to support 
federal telework policies.
  The need for this legislation also was crystallized during the 
historic February blizzard, which paralyzed the Nation's capital and 
shut down the federal government for four days.
  The estimated cost in lost productivity was some $70 million a day, 
but that cost was cut dramatically from earlier estimates of $100 
million when the some 30 percent of the federal workforce who 
teleworked during the shutdown was factored in.
  That's a huge savings with telework, which is why it is so important 
to ensure that more employees are eligible to work from home or at 
alternate worksites.
  Our legislation builds on past actions to require each government 
agency to establish a telework policy and its provisions will:
  Instruct the Office of Personnel Management (OPM) to develop a 
uniform, government-wide telework policy for federal employees.
  Create a Telework Managing Officer within every agency and department 
to oversee telework within that agency or department.
  The designation of a senior employee at each agency as a telework 
managing officer responsible for implementing the bill's requirements 
is a key provision to allow eligible employees to telework to the 
maximum extent possible.
  Again, I thank my colleague from Maryland, Mr. Sarbanes, for his 
leadership on this important legislation.
  I urge my colleagues to support this bill.
  Mr. LYNCH. Madam Speaker, I don't believe we have any further 
speakers, but I will continue to reserve.
  Mr. CHAFFETZ. Madam Speaker, briefly, I am very supportive of this 
piece of legislation. I think it is important for the continuity of 
government and interoperations. I think it can be a cost-saving measure 
for a lot of our agencies, but it is not necessarily right for every 
single employee. I don't want this to be perceived, and I think the 
legislation does this, in any way, shape, or form for this to be an 
excuse to spend more money within our own human resources departments. 
I am a little worried about the scoring of this. Certainly large 
agencies will need to have somebody who helps shepherd this and move 
this forward. But for the smaller agencies, some of the other

[[Page H3163]]

agencies, it doesn't necessarily warrant that.
  I do appreciate during the process being able to offer an amendment 
that would allow for some flexibility within the different agencies so 
that they have the internal control and don't necessarily have the 
excuse to go out and hire another person to try to manage this.
  But with that said, I believe in and support this piece of 
legislation because, as I said before, the continuity of our 
government, this is a critical component to that. But it is also 
incumbent upon the executive branch to make sure that we have the 
safety, security, and the privacy components firmly in place. I believe 
that OPM, the Office of Personnel Management, will do that. This 
legislation strengthens their ability to do that, and that is why I am 
supportive of it. I appreciate the good work on both sides of the 
aisle. I urge my colleagues to support this legislation.
  I yield back the balance of my time.
  Mr. LYNCH. Madam Speaker, I want to thank the gentleman for his 
thoughtful comments and his leadership on this issue. I do want to just 
try to address the scoring aspect of it, for those who are, as rightly 
they should be, sensitive to the budget. Our understanding from the 
estimate provided by the Congressional Budget Office is that this 
provision would cost approximately $30 million over 5 years. However, I 
think it is important to point out that during the recent unexpected 
snowstorms in the Washington, DC, and Northern Virginia area this past 
winter, in February we saved $30 million per day. So the program costs 
$30 million over 5 years, and in one severe snowstorm, we saved $30 
million per day by utilizing the telework function.
  In closing, I also want to thank Mr. Sarbanes and Mr. Connolly for 
their leadership on our side and also the bipartisanship showed by the 
gentlewoman from West Virginia (Mrs. Capito) and Mr. Wolf as well. I 
think they did a fine job. I ask my colleagues on both sides of the 
aisle to support H.R. 1722.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Massachusetts (Mr. Lynch) that the House suspend the 
rules and pass the bill, H.R. 1722, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BROUN of Georgia. Madam Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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