[Congressional Record (Bound Edition), Volume 154 (2008), Part 8]
[House]
[Pages 11049-11053]
[From the U.S. Government Publishing Office, www.gpo.gov]




                   TELEWORK IMPROVEMENTS ACT OF 2008

  Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 4106) to improve teleworking in executive agencies 
by developing a telework program that allows employees to telework at 
least 20 percent of the hours worked in every 2 administrative 
workweeks, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4106

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Telework Improvements Act of 
     2008''.

     SEC. 2. TELEWORK.

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

                         ``CHAPTER 65--TELEWORK

``Sec.
``6501. Definitions.
``6502. Governmentwide telework requirement.
``6503. Implementation.
``6504. Telework Managing Officer.
``6505. Evaluating telework in agencies.
``6506. Continuity of operations.

     ``Sec. 6501. Definitions

       ``For purposes of this chapter--
       ``(1) the term `agency' means an Executive agency (as 
     defined by section 105), except as provided in section 
     6506(c);
       ``(2) the term `telework' or `teleworking' refers to a work 
     arrangement under which an employee regularly performs the 
     duties and responsibilities of such employee's position, and 
     other authorized activities, from home or another worksite 
     removed from the employee's regular place of employment; and
       ``(3) the term `continuity of operations' refers to an 
     effort within individual executive departments and agencies 
     to ensure that primary mission essential functions continue 
     to be performed during a wide range of emergencies, including 
     localized acts of nature, accidents, public health 
     emergencies, and technological or attack-related emergencies.

     ``Sec. 6502. Governmentwide telework requirement

       ``(a) Telework Requirement.--
       ``(1) In general.--Not later than 180 days after the date 
     of the enactment of this chapter, the head of each agency 
     shall establish a policy under which employees shall be 
     authorized to telework, subject to paragraph (2) and 
     subsection (b).
       ``(2) Regulations.--The policy of each agency under this 
     subsection--
       ``(A) shall be in conformance with regulations which the 
     Administrator of General Services shall, within 120 days 
     after the date

[[Page 11050]]

     of the enactment of this chapter and in coordination with the 
     Office of Personnel Management, prescribe for purposes of 
     this subsection; and
       ``(B) shall ensure that employees are authorized to 
     telework--
       ``(i) to the maximum extent possible; and
       ``(ii) without diminishing employee performance or agency 
     operations.
       ``(b) Treatment of Certain Circumstances.--Nothing in 
     subsection (a) shall be considered--
       ``(1) to require the head of an agency to authorize 
     teleworking in the case of an employee whose duties and 
     responsibilities--
       ``(A) require daily access to classified information;
       ``(B) require daily face-to-face contact with members of 
     the public or other persons, or the use of equipment, at the 
     employee's regular place of employment; or
       ``(C) are such that their performance from a site removed 
     from the employee's regular place of employment is not 
     feasible; or
       ``(2) to prevent the temporary denial of permission for an 
     employee to telework if, in the judgment of the agency head--
       ``(A) the employee is needed to respond to an emergency;
       ``(B) the employee requires additional training; or
       ``(C) the denial is necessary, for a specific or 
     ascertainable period of time, to achieve goals and objectives 
     of programs administered by the agency.
       ``(c) Rule of Construction.--Nothing in this chapter 
     shall--
       ``(1) be considered to require any employee to telework; or
       ``(2) prevent an agency from permitting an employee to 
     telework as part of a continuity of operations plan.

     ``Sec. 6503. Implementation

       ``In order to carry out the purposes of this chapter--
       ``(1) the head of each agency shall ensure that--
       ``(A) appropriate training is provided to supervisors and 
     managers and to all employees who are authorized to telework; 
     and
       ``(B) no distinction is made between teleworkers and 
     nonteleworkers for purposes of performance appraisals;
       ``(2) the General Services Administration, in coordination 
     with the Office of Personnel Management, shall provide 
     advice, assistance, and, to the extent necessary, training to 
     agencies, including with respect to--
       ``(A) questions of eligibility to telework, including 
     considerations relating to employee performance; and
       ``(B) making telework part of the agency's goals, including 
     those of individual supervisors and managers;
       ``(3) the General Services Administration, in coordination 
     with the Office of Management and Budget and the National 
     Institute of Standards and Technology, shall prescribe 
     regulations, within 120 days after the date of the enactment 
     of this chapter, to ensure the adequacy of information and 
     security protections for information and information systems 
     used in, or otherwise affected by, teleworking; such 
     regulations shall be consistent with information security 
     policies and guidance issued by the Office of Management and 
     Budget and the National Institute of Standards and 
     Technology, and shall, at a minimum, include requirements 
     necessary--
       ``(A) to control access to agency information and 
     information systems;
       ``(B) to protect agency information (including personally 
     identifiable information) and information systems;
       ``(C) to limit the introduction of vulnerabilities;
       ``(D) to protect information systems not under the control 
     of the agency that are used for teleworking; and
       ``(E) to safeguard the use of wireless and other 
     telecommunications capabilities used for telework purposes; 
     and
       ``(4) the General Services Administration shall--
       ``(A) maintain a central, publicly available telework 
     website to be jointly controlled and funded by the General 
     Services Administration and the Office of Personnel 
     Management; and
       ``(B) include on that website any regulations relating to 
     telework and any other information the General Services 
     Administration and the Office of Personnel Management 
     consider appropriate.

     ``Sec. 6504. Telework Managing Officer

       ``(a) Appointment and Compensation.--
       ``(1) In general.--Each agency may appoint an officer to be 
     known as the `Telework Managing Officer'. If an agency 
     appoints a Telework Managing Officer, such Officer--
       ``(A) shall be appointed--
       ``(i) by the Chief Human Capital Officer of such agency; or
       ``(ii) if none, by the head of such agency; and
       ``(B) shall be compensated at a rate not less than the 
     minimum rate of basic pay for grade GS-15 of the General 
     Schedule.
       ``(2) Waiver.--The Administrator of General Services may 
     waive the minimum rate requirement under paragraph (1)(B) 
     with respect to an agency if such agency has fewer than 100 
     employees (determined on a full-time equivalent basis) and 
     the head of such agency certifies that being required to 
     comply with paragraph (1)(B) would adversely impact agency 
     operations.
       ``(b) Limitations.--An individual may not hold the position 
     of Telework Managing Officer as a noncareer appointee (as 
     defined in section 3132(a)(7)), and such position may not be 
     considered or determined to be of a confidential, policy-
     determining, policy-making, or policy-advocating character.
       ``(c) Duties and Responsibilities.--The duties and 
     responsibilities of the Telework Managing Officer of an 
     agency shall be as follows:
       ``(1) Serving as--
       ``(A) an advisor on teleworking to the head of such agency 
     and to the Chief Human Capital Officer of such agency (if 
     any);
       ``(B) a resource on teleworking for supervisors, managers, 
     and employees of such agency; and
       ``(C) the agency's primary point of contact on teleworking 
     matters for employees of such agency, Congress, and other 
     agencies.
       ``(2) Ensuring that the agency's teleworking policy is 
     communicated effectively to employees.
       ``(3) Ensuring that electronic or written notification is 
     provided to each employee of specific telework programs and 
     the agency's teleworking policy, including authorization 
     criteria and application procedures.
       ``(4) Developing and administering a tracking system for 
     compliance with Governmentwide telework reporting 
     requirements.
       ``(5) Providing to the Comptroller General and to the 
     Administrator of General Services such information as the 
     Comptroller General may require to prepare the annual reports 
     under section 6505(b).
       ``(6) Establishing a system for receiving feedback from 
     agency employees on the agency's telework policy.
       ``(7) Developing and implementing a program to identify and 
     remove barriers to telework and to maximize telework 
     opportunities in the agency.
       ``(8) Ensuring that employees are notified of grievance 
     procedures available to them (if any) with respect to any 
     disputes that relate to telework.
       ``(9) Performing such other duties and responsibilities 
     relating to telework as the head of the agency may require.
       ``(d) Alternative to Telework Managing Officer.--If no 
     Telework Managing Officer is appointed under subsection (a) 
     with respect to an agency, the duties and responsibilities of 
     a Telework Managing Officer shall be carried out by the Chief 
     Human Capital Officer of, or a career employee in, such 
     agency, as determined by the agency head.

     ``Sec. 6505. Evaluating telework in agencies

       ``(a) In General.--The Comptroller General shall establish 
     a system for evaluating--
       ``(1) the telework policy of each agency; and
       ``(2) employee participation in telework programs at each 
     agency.
       ``(b) Annual Report.--The Comptroller General shall, based 
     on the system established under subsection (a), submit an 
     annual report to the Committee on Oversight and Government 
     Reform of the House of Representatives and the Committee on 
     Homeland Security and Governmental Affairs of the Senate. 
     Each report under this subsection shall, with respect to the 
     period covered by such report--
       ``(1) evaluate the telework policy of each agency;
       ``(2) for each agency, indicate the total number of 
     employees in such agency and identify--
       ``(A) the number and percentage of employees who were 
     eligible to telework;
       ``(B) the number and percentage of employees who teleworked 
     an average of at least once a week on a regular basis, 
     determined based on time spent actually teleworking;
       ``(C) the number and percentage of employees who teleworked 
     an average of at least 20 percent of the hours that they 
     worked in every 2 administrative workweeks, determined based 
     on time spent actually teleworking;
       ``(D) the number and percentage of employees who teleworked 
     at least once a month on a regular basis, determined based on 
     time spent actually teleworking;
       ``(E) the number and percentage of employees who were not 
     authorized to telework and the reasons why they were not so 
     authorized;
       ``(F) the number and percentage of employees who were 
     authorized to telework and then later stopped teleworking, 
     the reasons why those employees stopped teleworking, and 
     whether their stopping was voluntary or due to other factors, 
     such as office coverage needs or productivity;
       ``(G) the extent to which barriers to maximizing 
     teleworking opportunities have been identified and 
     eliminated;
       ``(H) the impact (if any) of the agency's telework policy 
     on the recruitment and retention of employees;
       ``(I) the impact (if any) of the agency's telework policy 
     on the performance of agency employees; and
       ``(J) the level of employee satisfaction with the agency's 
     telework policy, determined based on employee feedback;
       ``(3) evaluate the compliance of each agency with the 
     requirements of this chapter; and
       ``(4) identify best practices in agency telework programs.


[[Page 11051]]


     A report under this subsection shall be submitted for the 
     year in which the regulations under section 6502(a)(2)(A) 
     take effect and for each of the 4 succeeding years. Each such 
     report shall be submitted within 6 months after the end of 
     the year to which it relates.
       ``(c) Minimum Requirement for Compliance.--For purposes of 
     subsection (b)(3), an agency shall not be considered to be in 
     compliance with the requirements of this chapter unless the 
     employees of such agency who were authorized to telework were 
     permitted to telework for at least 20 percent of the hours 
     that they worked in every 2 administrative workweeks 
     (disregarding any workweeks for which such employees did not 
     submit a request or for which they were otherwise ineligible 
     to telework).

     ``Sec. 6506. Continuity of operations

       ``(a) In General.--The head of each agency shall ensure 
     that--
       ``(1) to the maximum extent practicable, telework is 
     incorporated into the continuity of operations planning of 
     such agency; and
       ``(2) mission critical personnel, as determined by the head 
     of such agency, are equipped to telework in time of a 
     catastrophe.
       ``(b) Coordination Rule.--The continuity of operations plan 
     of an agency shall supersede any telework policy of such 
     agency to the extent that they are inconsistent with one 
     another.
       ``(c) Agency Defined.--For purposes of carrying out 
     subsection (a)(2), the term `agency' means an agency named in 
     paragraph (1) or (2) of section 901(b) of title 31.''.
       (b) Technical and Conforming Amendments.--(1) The analysis 
     for part III of title 5, United States Code, is amended by 
     inserting after the item relating to chapter 63 the 
     following:

``65. Telework..............................................6501''.....

       (2) Section 622 of the Departments of Commerce, Justice, 
     and State, the Judiciary, and Related Agencies Appropriations 
     Act, 2005, as contained in the Consolidated Appropriations 
     Act, 2005 (5 U.S.C. 6120 note) is amended by striking 
     ``designate a `Telework Coordinator' to be'' and inserting 
     ``appoint a Telework Managing Officer or designate the Chief 
     Human Capital Officer or other career employee to be''.

     SEC. 3. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.

       (a) In General.--Chapter 14 of title 5, United States Code, 
     is amended by adding at the end the following:

         ``SUBCHAPTER II--CHIEF HUMAN CAPITAL OFFICERS COUNCIL

     ``Sec. 1421. Chief Human Capital Officers Council

       ``(a) Establishment.--There is established a Chief Human 
     Capital Officers Council, consisting of--
       ``(1) the Director of the Office of Personnel Management, 
     who shall act as chairperson of the Council;
       ``(2) the Deputy Director for Management of the Office of 
     Management and Budget, who shall act as vice chairperson of 
     the Council;
       ``(3) the Administrator of General Services; and
       ``(4) the Chief Human Capital Officers of Executive 
     departments and any other members who are designated by the 
     Director of the Office of Personnel Management.
       ``(b) Functions.--The Chief Human Capital Officers Council 
     shall meet periodically to advise and coordinate the 
     activities of the agencies of its members on such matters as 
     modernization of human resources systems, improved quality of 
     human resources information, telework (as defined by section 
     6501), and legislation affecting human resources operations 
     and organizations.
       ``(c) Employee Labor Organizations at Meetings.--The Chief 
     Human Capital Officers Council shall ensure that 
     representatives of Federal employee labor organizations are 
     present at a minimum of 1 meeting of the Council each year. 
     Such representatives shall not be members of the Council.
       ``(d) Annual Report.--Each year, the Chief Human Capital 
     Officers Council shall submit a report to Congress on the 
     activities of the Council.''.
       (b) Technical and Conforming Amendments.--(1) Chapter 14 of 
     title 5, United States Code, is amended by striking the 
     matter before section 1401 and inserting the following:

               ``CHAPTER 14--CHIEF HUMAN CAPITAL OFFICERS

           ``subchapter i--agency chief human capital officers

``Sec.
``1401. Establishment of agency Chief Human Capital Officers.
``1402. Authority and functions of agency Chief Human Capital Officers.

          ``subchapter ii--chief human capital officers council

``1421. Chief Human Capital Officers Council.

         ``SUBCHAPTER I--AGENCY CHIEF HUMAN CAPITAL OFFICERS''.

       (2) The analysis for part II of title 5, United States 
     Code, is amended by striking the item relating to chapter 14 
     and inserting the following:

``14. Chief Human Capital Officers..........................1401''.....

       (3) Section 1303 of Public Law 107-296 (5 U.S.C. 1401 note) 
     is repealed.

     SEC. 4. REPORTING REQUIREMENT.

       (a) Incorporation of Telework Into Continuity of Operations 
     Planning.--Within 12 months after the effective date of the 
     regulations under section 6502(a)(2)(A) of title 5, United 
     States Code (as amended by section 2), the General Services 
     Administration, in coordination with the Office of Personnel 
     Management, the Federal Emergency Management Agency, and the 
     Chief Human Capital Officers Council, shall report to the 
     appropriate committees of Congress on the incorporation of 
     telework into agencies' continuity of operations planning, 
     including--
       (1) the extent to which such incorporation has occurred 
     within each of the respective agencies;
       (2) the extent to which each agency has conducted 
     continuity of operations tests and exercises incorporating 
     telework for essential and non-essential personnel;
       (3) the extent to which agencies have used telework in 
     response to emergencies; and
       (4) any recommendations the General Services Administration 
     considers appropriate.
       (b) Definitions.--For purposes of this section--
       (1) the term ``appropriate committees of Congress'' means 
     the Committee on Oversight and Government Reform of the House 
     of Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate;
       (2) the terms ``telework'' and ``continuity of operations'' 
     have the meanings given those terms by section 6501 of title 
     5, United States Code (as amended by section 2); and
       (3) the term ``agency'' means an agency named in paragraph 
     (1) or (2) of section 901(b) of title 31, United States Code.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Illinois (Mr. Davis) and the gentlewoman from North Carolina (Ms. Foxx) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Illinois.


                             General Leave

  Mr. DAVIS of Illinois. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days in which to revise and extend their 
remarks.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Illinois?
  There was no objection.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I 
might consume.
  Mr. Speaker, I introduced H.R. 4106 on November 7, 2007, to improve 
the efficiency of the Federal workforce by allowing more employees to 
telework.
  Telework has a number of benefits for both agencies and employees. A 
happy workforce is a productive workforce, and giving employees the 
opportunity to telework can help boost productivity by cutting down on 
commuting time, reducing absenteeism, and allowing for greater 
organizational flexibility.
  Improving telework can also help reduce pollution, traffic 
congestion, and the significant financial burdens that Federal 
employees face from high gas prices.
  Unfortunately, telework is not being used to the fullest extent, and 
according to a report on telework released by the Office of Personnel 
Management in December 2007, only 6 percent of Federal employees 
participated in telework programs in 2006.
  H.R. 4106 will improve telework in many key ways, while also allowing 
the government to maintain security of government information and to 
uphold performance standards. The bill defines telework and requires 
the Government Accountability Office to evaluate agency telework 
programs.
  The bill requires the head of each agency to establish a telework 
policy authorizing employees to telework. The bill sets a consistent 
standard by providing that an agency will only be considered to be in 
compliance with the bill's requirements if employees who are authorized 
the telework are allowed to do so at least 20 percent of the hours 
worked in every two workweeks.
  Under H.R. 4106, each agency is required to either appoint a telework 
managing officer or designate their chief human capital officer or a 
career employee to carry out the responsibilities of a telework 
managing officer who will serve as the agency's primary point of 
contact on telework.
  The bill also improves the ability of the government to respond to 
emergencies by requiring larger agencies to incorporate telework into 
their continuity of operations plans.
  This bipartisan bill was amended and approved by the Oversight 
Committee

[[Page 11052]]

by a voice vote on March 13, 2008. A number of changes were made during 
the committee's consideration of the bill to address suggestions raised 
by the ranking minority member of the committee, Representative Tom 
Davis, such as requiring that essential personnel be equipped to 
telework during a catastrophe.
  We are considering the bill today with an amendment that makes 
further changes to the bill based on feedback from the Office of 
Personnel Management. For example, the amendment clarifies the 
definition of continuity of operations to cover a situation such as the 
2006 flooding of the Internal Revenue Service headquarters building. 
The amendment also requires GSA and OPM to jointly find and operate a 
central telework Web site.
  This bill will allow more Federal employees to telework but at the 
same time ensures that agencies have the necessary flexibility, 
guidance, and oversight.
  And so, Mr. Speaker, I urge swift passage of H.R. 4106.
  I reserve the balance of my time.
  Ms. FOXX. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today to speak on H.R. 4106, the Telework 
Improvements Act of 2008. This legislation is designed to encourage 
more Federal employees to participate in telework programs. This 
legislation moved through committee, and I understand Chairman Waxman 
worked with Ranking Member Tom Davis to make several improvements to 
this legislation.
  Getting serious about promoting telework is a major step in the right 
direction, but telework only indirectly addresses the problem of 
soaring gas prices. Mr. Speaker, gas prices have gone up $1.63 since 
Democrats took control of this House last January, and as far as 
anybody knows, Democrats still have no plan to address this problem.
  The Republicans, on the other hand, stand ready to address the 
problem with a blueprint that promotes alternative and renewable fuels, 
harnesses technologies already being employed successfully by many of 
our global competitors, and encourages responsible oil and gas 
exploration designed to unlock America's natural energy resources and 
end our dependence on foreign fuel imports.
  I remain concerned that none of the bills being considered today do 
anything to address the pain at the pump currently facing our Nation.
  American families and small businesses are begging Congress to throw 
them a life preserver amid today's soaring gas prices, but no relief is 
in sight. No wonder Americans believe Washington is broken.
  Most Americans believe it is past time to start addressing the real 
problems facing American families. I note with some disappointment that 
not a single piece of legislation to help lower gas prices is on the 
House schedule this week.
  I reserve the balance of my time.

                              {time}  1545

  Mr. DAVIS of Illinois. Mr. Speaker, it is my pleasure to yield such 
time as he might consume to a member of our subcommittee and a 
cosponsor of this legislation, Representative Sarbanes from the State 
of Maryland.
  Mr. SARBANES. I want to thank the chairman of our subcommittee, 
Representative Davis, for yielding this time.
  Mr. Speaker, I rise today in support of H.R. 4106, the Telework 
Improvements Act of 2008.
  As a daily commuter from Baltimore to the District of Columbia, I 
know how frustrating it can be to spend hours a day traveling. And with 
a focus on gas prices that we've heard repeatedly today, we need to 
explore pragmatic and innovative alternatives.
  I've worked closely with Subcommittee Chairman Davis and with 
Chairman Henry Waxman on this legislation, and I thank them for their 
leadership. Last year, when I offered a similar amendment to the energy 
bill, they helped to ensure that the amendment passed the House by 
voice vote, and I am pleased we will now pass this measure so that we 
can begin to expand telework options for the Federal workforce.
  This is a win, win, win. A stronger telework policy will be good for 
the Federal Government, it will be good for the Federal worker, and of 
course it will be good for the environment. At a time when a large 
percentage of the Federal workforce is at or approaching retirement 
age, we need to recruit and retain the best and brightest of a new 
generation of workers. By crafting strong and effective telework 
policies, agencies can compete for these workers and retain them.
  The U.S. Patent and Trademark Office and the Defense Information 
Systems Agency, which have some of the most robust telework policies in 
the Federal Government, are perfect examples of how agencies can 
utilize telework to recruit and retain a first-rate workforce. USPTO 
and DISA have retained workers, despite having a workforce that is in 
high demand elsewhere.
  The private sector is still far ahead of the government in terms of 
embracing telework as a recruiting tool. We must catch up if we want to 
compete. In fact, the Federal Government can and should be a model 
employer and a driving force for increasing productivity while striking 
the right balance between family and work.
  If you want to understand the competitive edge that comes from 
telework, you don't have to take my word for it, just listen to what 
one major CEO said. ``What would I say to a CEO who resists greater 
employee flexibility because of concerns about loss of accountability 
and productivity? I would hope he was a competitor, and I would keep my 
mouth shut. Companies that don't believe in this are going to be 
trapped by it in the end.'' We don't want the Federal Government to be 
trapped either, and that's why it is important to embrace telework.
  Telework is also beneficial to Federal workers by helping to improve 
quality of life and strike a better work/family balance. It would have 
the effect of giving back a couple hours a day to commuters who would 
otherwise be stuck in traffic, time they could spend with their 
families. At a time when gas prices are soaring, it could also have a 
profound economic benefit for families that are struggling in the 
current economic climate.
  So again, in conclusion, I want to say that telework is a win, win, 
win. It's good for the Federal Government, it's good for the Federal 
workers, and it's great for our environment.
  I am pleased the House has taken up this legislation, and look 
forward to working with the Senate to ensure that it becomes law.
  Ms. FOXX. Mr. Speaker, while this legislation will give a break from 
high gas prices to some Federal employees, the vast majority of 
Americans have to use their cars to go to work and to other activities 
and are paying an average of $4 a gallon, the highest prices in 
history, while the Democratically controlled Congress does nothing to 
help those hardworking Americans who struggle to do the right thing 
every day, but are receiving no assistance from the Democrat majority 
here.
  Mr. Speaker, I yield back the balance of my time.
  Mr. DAVIS of Illinois. Mr. Speaker, in closing, I once again want to 
commend the chairman of the Oversight Committee, Mr. Waxman from 
California, for his outstanding leadership and support. I also want to 
express appreciation to the ranking member, Mr. Tom Davis from 
Virginia, for his support and leadership.
  I also want to thank all of the members of the subcommittee, 
especially the ranking member, Mr. Marchant, as well as all of the 
Members on both sides of the aisle. Our staffs have done a tremendous 
job of working through all of the snares that may have existed and have 
helped us shape a piece of legislation that I think is going to give 
enormous benefit to the American people. We are going to be able to cut 
down on the use of gasoline as people commute to and from work. We're 
going to be able to reduce pollution. And we're going to enhance the 
creation of a more desirable environment. So I thank all of those who 
have been

[[Page 11053]]

a part of making this day possible. I urge passage of this legislation.
  Mr. WOLF. Mr. Speaker, I rise in strong support of H.R. 4106, the 
Telework Improvements Act of 2008.
  I would like to thank Congressman Danny Davis for introducing this 
important and necessary legislation. I also want to recognize Chairman 
Henry Waxman and Ranking Member Tom Davis on the Oversight and movement 
Reform Committee for reporting out a good bill for our consideration 
today.
  As many of my colleagues know, I have been a long-time and staunch 
supporter of telework or telecommuting. 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 benefits 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.
  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 the number 
of federal telecommuters and this legislation is an important next step 
in making the Federal Government a model telework employer.
  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 fail to 
meet the 2001 law.
  I am proud to be an original cosponsor and strong proponent of the 
Telework Improvements Act that we are considering today. It will 
require the head of each executive agency to establish a policy under 
which employees may be authorized to telework and allow authorized 
employees to be allowed to telework at least 20 percent of the hours 
worked in every two administrative workweeks.
  Given the soaring cost of gas, I can think of no better time for us 
to be passing this bill and encouraging further adoption of telework. 
In the Washington, D.C. metropolitan area, including my district in 
northern Virginia, telework has the added benefit of taking cars off 
the road and reducing congestion and air pollution. It is also a good 
policy to have in place for continuity of operations in the event of an 
emergency.
  Mr. Speaker, I strongly urge my colleagues to vote in support of this 
legislation so that we can ensure that the federal workforce is making 
full use of teleworking.
  Mr. DAVIS of Virginia. Mr. Speaker, I rise today to speak in on H.R. 
4106, the Telework Improvements' Act of 2008. This issue has long been 
a struggle for many of us here in Congress, especially those Members 
representing the National Capital Region.
  The problem is far too many federal agencies are missing the 
opportunity to promote teleworking among their employees. Ninety 
percent of the employees eligible to telework do not do so at this 
time.
  With the vast majority of the federal government's workforce located 
here in the National Capital Region, utilizing telework will have an 
immediate and dramatic impact on the traffic congestion in the region. 
It will also increase worker productivity as our Federal workforce 
spends less time commuting to and from work every day. As an added 
benefit, keeping people off the roads will reduce our carbon emissions. 
Everybody benefits, not just the teleworkers.
  Several improvements were made to this legislation during Committee 
consideration, many at my request. First, the reported version includes 
stronger language regarding the protection of information being 
accessed through remote networks. This IT security language is 
important to reassure the general public that, as we promote the use of 
telework in federal agencies, the government is taking necessary steps 
to make sure personal information is safeguarded.
  Second, the reported version requires agencies to further integrate 
telework into their continuity of operations planning by making sure 
mission critical personnel are prepared to telework in the event of a 
major disaster, such as a terrorist attach or an outbreak of the 
pandemic flu.
  Third, the reported version tasks the Chief Human Capital Officers 
Council with being a central coordinator of best practices for agencies 
regarding telework.
  Fourth, the reported version gives agencies some flexibility in 
determining how best to promote telework within their workforce by 
allowing them to either assign the telework responsibilities to the 
agency's Chief Human Capital Officer or to a career official at the 
agency.
  Promoting the use of telework by our federal workforce will improve 
employee efficiency and ultimately lead to improved service to the 
American public, and I appreciate the majority's willingness to work 
with us on this legislation.
  Mr. Speaker, I am happy to support this legislation and urge its 
adoption.
  Mr. DAVIS of Illinois. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Illinois (Mr. Davis) that the House suspend the rules 
and pass the bill, H.R. 4106, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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