[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
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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
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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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