[House Report 110-663]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-663

======================================================================



 
                   TELEWORK IMPROVEMENTS ACT OF 2008

                                _______
                                

  May 21, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Waxman, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 4106]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Oversight and Government Reform, to whom was 
referred the bill (H.R. 4106) to improve teleworking in 
executive agencies by developing a telework program that allows 
employees to telework at least 20 percent of the hours worked 
in every 2 administrative workweeks, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     6
Background and Need for Legislation..............................     6
Legislative History..............................................     8
Section-By-Section...............................................     8
Explanation of Amendments........................................    12
Committee Consideration..........................................    12
Roll Call Votes..................................................    13
Application of Law to the Legislative Branch.....................    13
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    13
Statement of General Performance Goals and Objectives............    13
Constitutional Authority Statement...............................    13
Federal Advisory Committee Act...................................    13
Unfunded Mandates Statement......................................    13
Earmark Identification...........................................    14
Committee Estimate...............................................    14
Budget Authority and Congressional Budget Office Cost Estimate...    14
Changes in Existing Law Made by the Bill, as Reported............    15
Additional Views.................................................    23
    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. TELEWORKING.

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

                       ``CHAPTER 65--TELEWORKING

``Sec.
``6501. Definitions.
``6502. Governmentwide teleworking requirement.
``6503. Implementation.
``6504. Telework Managing Officer.
``6505. Annual telework agency rating.
``6506. Continuity of operations.

``Sec. 6501. Definitions

  ``For purposes of this chapter--
          ``(1) the term `agency' means an Executive agency (as defined 
        by section 105), except as provided in section 6506(c);
          ``(2) the term `telework' or `teleworking' refers to a work 
        arrangement under which an employee regularly performs the 
        duties and responsibilities of such employee's position, and 
        other authorized activities, from home or another worksite 
        removed from the employee's regular place of employment;
          ``(3) the term `continuity of operations' refers to the 
        preparations and institutions maintained by the Government to 
        provide for the continuation of Government operations in the 
        event of a catastrophe; and
          ``(4) the term `catastrophe' includes--
                  ``(A) a national emergency declared by the President 
                under the National Emergencies Act;
                  ``(B) an emergency or major disaster declared by the 
                President under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act; and
                  ``(C) a public health emergency declared by the 
                Secretary of Health and Human Services under section 
                319 of the Public Health Service Act.

``Sec. 6502. Governmentwide teleworking requirement

  ``(a) Teleworking Requirement.--
          ``(1) In general.--Not later than 180 days after the date of 
        the enactment of this chapter, the head of each agency shall 
        establish a policy under which employees shall be authorized to 
        telework, subject to paragraph (2) and subsection (b).
          ``(2) Regulations.--The policy of each agency under this 
        subsection--
                  ``(A) shall be in conformance with regulations which 
                the Administrator of General Services shall, within 120 
                days after the date of the enactment of this chapter 
                and in coordination with the Office of Personnel 
                Management, prescribe for purposes of this subsection; 
                and
                  ``(B) shall ensure that employees who are authorized 
                to telework will be allowed to do so--
                          ``(i) to the maximum extent possible; and
                          ``(ii) without diminishing employee 
                        performance or agency operations.
  ``(b) Treatment of Certain Circumstances.--Nothing in subsection (a) 
shall be considered--
          ``(1) to require the head of an agency to authorize 
        teleworking in the case of an employee whose duties and 
        responsibilities--
                  ``(A) require daily access to classified information;
                  ``(B) require daily face-to-face contact with members 
                of the public or other persons, or the use of 
                equipment, at the employee's regular place of 
                employment; or
                  ``(C) are such that their performance from a site 
                removed from the employee's regular place of employment 
                is not feasible; or
          ``(2) to prevent the temporary denial of permission for an 
        employee to telework if, in the judgment of the agency head--
                  ``(A) the employee is needed to respond to an 
                emergency;
                  ``(B) the employee requires additional training; or
                  ``(C) the denial is necessary, for a specific or 
                ascertainable period of time, to achieve goals and 
                objectives of programs administered by the agency.
  ``(c) Rule of Construction.--Nothing in this chapter shall--
          ``(1) be considered to require any employee to telework; or
          ``(2) prevent an agency from permitting an employee to 
        telework as part of a continuity of operations plan.

``Sec. 6503. Implementation

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

``Sec. 6504. Telework Managing Officer

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

``Sec. 6505. Annual telework agency rating

  ``(a) In General.--The Comptroller General shall establish a system 
for evaluating--
          ``(1) the teleworking policy of each agency; and
          ``(2) employee participation in telework programs at each 
        agency.
  ``(b) Annual Report.--The Comptroller General shall, based on the 
system established under subsection (a), submit an annual report to the 
Committee on Oversight and Government Reform of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate. Each report under this subsection shall, with 
respect to the period covered by such report--
          ``(1) evaluate the teleworking policy of each agency;
          ``(2) for each agency, indicate the total number of employees 
        in such agency and identify--
                  ``(A) the number and percentage of employees who were 
                eligible to telework;
                  ``(B) the number and percentage of employees who 
                teleworked an average of at least once a week on a 
                regular basis, determined based on time spent actually 
                teleworking;
                  ``(C) the number and percentage of employees who 
                teleworked an average of at least 20 percent of the 
                hours that they worked in every 2 administrative 
                workweeks, determined based on time spent actually 
                teleworking;
                  ``(D) the number and percentage of employees who 
                teleworked at least once a month on a regular basis, 
                determined based on time spent actually teleworking;
                  ``(E) the number and percentage of employees who were 
                not authorized to telework and the reasons why they 
                were not so authorized;
                  ``(F) the number and percentage of employees who were 
                authorized to telework and then later stopped 
                teleworking, the reasons why those employees stopped 
                teleworking, and whether their stopping was voluntary 
                or due to other factors, such as office coverage needs 
                or productivity;
                  ``(G) the extent to which barriers to maximizing 
                teleworking opportunities have been identified and 
                eliminated;
                  ``(H) the impact (if any) of the agency's teleworking 
                policy on the recruitment and retention of employees;
                  ``(I) the impact (if any) of the agency's teleworking 
                policy on the performance of agency employees; and
                  ``(J) the level of employee satisfaction with the 
                agency's teleworking policy, determined based on 
                employee feedback;
          ``(3) evaluate the compliance of each agency with the 
        requirements of this chapter; and
          ``(4) identify best practices in agency teleworking programs.
A report under this subsection shall be submitted for the year in which 
the regulations under section 6502(a)(2)(A) take effect and for each of 
the 4 succeeding years. Each such report shall be submitted within 6 
months after the end of the year to which it relates.
  ``(c) Minimum Requirement for Compliance.--For purposes of subsection 
(b)(3), an agency shall not be considered to be in compliance with the 
requirements of this chapter unless the employees of such agency who 
were authorized to telework were permitted to telework for at least 20 
percent of the hours that they worked in every 2 administrative 
workweeks (disregarding any workweeks for which such employees did not 
submit a request or for which they were otherwise ineligible to 
telework).

``Sec. 6506. Continuity of operations

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

``65. Teleworking...........................................    6501''.

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

SEC. 3. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.

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

         ``SUBCHAPTER II--CHIEF HUMAN CAPITAL OFFICERS COUNCIL

``Sec. 1421. Chief Human Capital Officers Council

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

               ``CHAPTER 14--CHIEF HUMAN CAPITAL OFFICERS

           ``subchapter i--agency chief human capital officers

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

          ``subchapter ii--chief human capital officers council

``1421. Chief Human Capital Officers Council.

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

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

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

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

SEC. 4. REPORTING REQUIREMENT.

  (a) Incorporation of Teleworking Into Continuity of Operations 
Planning.--Within 12 months after the effective date of the regulations 
under section 6502(a)(2)(A) of title 5, United States Code (as amended 
by section 2), the General Services Administration, in coordination 
with the Office of Personnel Management, the Federal Emergency 
Management Agency, and the Chief Human Capital Officers Council, shall 
report to the appropriate committees of Congress on the incorporation 
of teleworking into agencies' continuity of operations planning, 
including--
          (1) the extent to which such incorporation has occurred 
        within each of the respective agencies;
          (2) the extent to which each agency has conducted continuity 
        of operations tests and exercises incorporating teleworking for 
        essential and non-essential personnel;
          (3) the extent to which agencies have used teleworking in 
        response to emergencies; and
          (4) any recommendations the General Services Administration 
        considers appropriate.
  (b) Definitions.--For purposes of this section--
          (1) the term ``appropriate committees of Congress'' means the 
        Committee on Oversight and Government Reform of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate;
          (2) the terms ``teleworking'' and ``continuity of 
        operations'' have the meanings given those terms by section 
        6501 of title 5, United States Code (as amended by section 2); 
        and
          (3) the term ``agency'' means an Executive agency (as defined 
        by section 105 of title 5, United States Code), excluding any 
        having fewer than 100 employees (as defined by section 2105 of 
        such title), determined on a full-time equivalent basis.

                          Purpose and Summary

    H.R. 4106, the Telework Improvements Act of 2008, was 
introduced on November 7, 2007, by Reps. Danny K. Davis, John 
P. Sarbanes, Henry A. Waxman, Tom Davis, Frank R. Wolf, Elijah 
E. Cummings, and Eleanor Holmes Norton. The bill requires the 
head of each agency to establish a policy that allows 
authorized employees to telework, requires the General Services 
Administration (GSA) to issue guidance on issues related to 
telework, creates the position of Telework Managing Officer, 
requires the Government Accountability Office (GAO) to evaluate 
and report on agency telework programs, and requires agencies 
to incorporate telework into their continuity of operations 
planning.

                  Background and Need for Legislation

    Every executive agency is required to have policies in 
place that allow eligible employees to telework. Telework 
provides a number of benefits including reduced energy 
consumption and traffic congestion, competitive hiring and 
retention, cost savings, and emergency preparedness. Despite 
these and other benefits, many agencies continue to 
underutilize telework.
    Public Law 106-346 mandated that each executive agency 
``establish a policy under which eligible employees of the 
agency may participate in telecommuting to the maximum extent 
possible without diminished employee performance.'' According 
to a status report released by OPM in 2007, however, only 6% of 
federal employees participated in telework programs in 2006.\1\
---------------------------------------------------------------------------
    \1\U.S. Office of Personnel Management, Status of Telework in the 
Federal Government (Dec. 2007).
---------------------------------------------------------------------------
    On May 7, 2007, Representatives Danny Davis, Marchant, 
Waxman, and Tom Davis sent a letter to 25 federal departments 
and agencies requesting information on the telework programs of 
those agencies. The information collected from the surveyed 
agencies showed that there is not a consistent definition of 
telework across agencies. The way agencies measure and track 
telework also varies. Some agencies, such as the Department of 
Energy, said they track how many employees are teleworking 
through time and attendance systems.\2\ Other agencies, such as 
the Department of Housing and Urban Development, do not track 
actual telework and instead calculate telework based on 
existing telework agreements between supervisors and 
employees.\3\
---------------------------------------------------------------------------
    \2\Letter from Claudia Cross, Deputy Chief Human Capital Officer, 
Director, Office of Human Capital Management, Department of Energy 
(July 12, 2007).
    \3\Letter from Mark A. Studdert, General Deputy Assistant Secretary 
for Congressional and Intergovernmental Relations, Department of 
Housing and Urban Development (June 1, 2007).
---------------------------------------------------------------------------
    H.R. 4106 defines telework and requires GAO to evaluate 
agency telework programs and to track data such as the number 
of employees actually teleworking and the number of employees 
teleworking for certain minimum amounts of time. The bill sets 
a consistent standard for telework by providing that an agency 
will only be considered to be in compliance with the bill's 
requirements if employees who are authorized to telework are 
permitted to telework at least 20% of the hours worked in every 
two workweeks.
    One of the most frequently cited barriers to telework is 
resistance from management. H.R. 4106 requires agencies to 
provide telework training for managers, supervisors, and 
teleworking employees. The bill also requires GAO to evaluate 
the extent to which barriers to maximizing teleworking 
opportunities have been identified and eliminated.
    An important consideration for agency telework programs is 
ensuring the security of government information. In February 
2008, before the Subcommittee on Information Policy, Census, 
and National Archives, GAO testified that agencies have not 
fully implemented agencywide information security programs, 
putting federal information at increased risk. The National 
Institute of Standards and Technology (NIST) has identified 
ways in which agencies and teleworking employees can protect 
information and limit the introduction of vulnerabilities, 
including those resulting from inadequate maintenance of 
antivirus software and operation system patches, improperly 
configured firewalls, and unrestricted acceptance or use of 
spam, popup windows, file sharing, and peer to peer software 
(P2P). A 2007 Committee investigation revealed that sensitive 
personal and government documents were readily available 
through the P2P file sharing networks. On July 24, 2007, the 
Committee held a hearing on inadvertent file sharing over P2P 
networks and the impacts of such sharing on consumers, 
corporations and government entities. At the hearing, 
government and independent witnesses testified that sensitive 
information is continuously being released across P2P networks. 
H.R. 4106 requires GSA, in coordination with the Office of 
Management and Budget and NIST, to issue regulations to ensure 
that the information and security protections for teleworking 
are adequate.
    In recent years, telework also has increasingly been viewed 
as an important tool for ensuring continuity of essential 
government services in emergencies. In response to the May 2007 
letter from the Committee, some agencies reported that they 
have performed demonstration exercises using telework as a 
component of continuity of operations planning, while many 
others have not. A number of agencies have used telework to 
respond to real emergencies such as Hurricanes Katrina and 
Rita. H.R. 4106 requires larger agencies, to the extent they 
are able, to incorporate telework into their continuity of 
operations planning. The bill also requires GSA, in 
coordination with other relevant agencies, to report to 
Congress on the extent to which agencies have incorporated 
telework into their continuity of operations planning and the 
extent to which agencies have conducted continuity of 
operations tests using telework.

                          Legislative History

    H.R. 4106, the Telework Improvements Act of 2008, was 
introduced by Rep. Danny K. Davis, John P. Sarbanes, Henry A. 
Waxman, Tom Davis, Frank R. Wolf, Elijah E. Cummings, and 
Eleanor Holmes Norton on November 7, 2007, and referred to the 
Committee on Oversight and Government Reform.
    The Subcommittee on Federal Workforce, Post Office, and the 
District of Columbia held a hearing on telework issues on 
November 6, 2007. The Subcommittee held a business meeting to 
consider H.R. 4106 on February 28, 2008, and forwarded the 
bill, as amended, to the full Committee by a voice vote.
    The full Committee considered H.R. 4106 on March 13, 2008, 
and ordered the bill to be reported, as amended, by a voice 
vote.

                           Section-by-Section


Section 1: Short title

    This section provides that the short title of the bill is 
the ``Telework Improvements Act of 2008.''

Section 2: Teleworking

    Subsection (a) creates a new chapter 65 in title 5 that 
includes 6 new sections, 6501-6506.
    The new section 6501 includes the following definitions:
    The term ``agency'' means an executive agency, except as 
provided in section 6506(c).
    The term ``telework'' or ``teleworking'' means a work 
arrangement under which an employee regularly performs the 
duties and responsibilities of the employee's position, and 
other authorized activities, from home or another worksite 
removed from the employee's regular place of employment. Under 
this section, teleworking includes any activities, including 
training and union activities, that an employee would normally 
be authorized to do during work hours at his or her regular 
place of employment.
    The term ``continuity of operations'' refers to the 
preparations and institutions maintained by the government to 
provide for the continuation of government operations in the 
event of a catastrophe.
    The term ``catastrophe'' includes an emergency declared by 
the president under the National Emergencies Act or the 
Stafford Disaster Relief and Emergency Assistance Act or a 
public health emergency declared by the secretary of the 
Department of Health and Human Services.
    The new section 6502 requires the head of each agency to 
establish a policy that authorizes employees to telework.
    Section 6502(a) requires agencies to establish such 
policies within six months of enactment. Section 6502(a) also 
requires GSA, in coordination with OPM, to issue regulations on 
telework within four months of enactment and requires agency 
telework policies to be consistent with those regulations. 
Agency policies must ensure that authorized employees are 
allowed to telework to the maximum extent possible without 
diminishing employee performance or agency operations.
    Under section 6502(b), an agency may deny authorization to 
telework to any employee whose duties require the employee to 
be at his or her regular place of employment every day. Such 
duties include daily access to classified information, daily 
face-to-face contact with members of the public, and the use of 
on-site equipment. This language does not preclude an agency 
from allowing an employee to telework if the employee's duties 
fall into the specified categories. This decision is left to 
the discretion of the agency.
    An agency may also temporarily deny an employee 
authorization to telework in certain circumstances: if the 
agency head determines the employee is needed to respond to an 
emergency; if the employee requires additional training; or if 
the denial is necessary, for a specific period of time, to 
achieve program goals. Section 6502(b)(2) is intended to allow 
an agency to temporarily deny telework for a very specific time 
period. For example, the IRS could temporarily deny telework to 
certain employees if those employees are needed at their 
regular place of employment during tax season. This paragraph 
is not intended to be used by an agency to indefinitely deny 
telework to an employee.
    Section 6502(c) clarifies that this bill is not intended to 
require any employee to telework or to prevent an agency from 
permitting any employee from teleworking as party of a 
continuity of operations plan, even if the employee is not 
usually authorized to telework.
    Both OPM and GSA have played roles in implementing federal 
telework policies. The Committee believes that the current 
framework is disjointed and is not effective. The Committee 
believes one agency should have the primary responsibility of 
ensuring that the requirements of this bill are implemented. 
The Committee believes GSA's role in implementing 
governmentwide management tools and GSA's role in information 
technology make GSA the logical choice to coordinate the 
issuance of regulations and other information for agencies on 
telework. However, the bill specifies in several places, 
including this section, that GSA must coordinate its efforts 
with OPM.
    The new section 6503 requires agencies to provide training 
to supervisors, managers, and employees who are authorized to 
telework, and provides that no distinction may be made between 
teleworkers and non-teleworkers for purposes of performance 
appraisals. Employees should be able to take advantage of 
agency telework programs without any negative impact on their 
job evaluations.
    This section requires GSA, in coordination with OPM, to 
provide advice, assistance, and, where necessary, training, to 
agencies on questions of telework eligibility and making 
telework part of the agency's goals. GSA, in coordination with 
the Office of Management and Budget and NIST, also must issue 
regulations within four months of enactment to ensure the 
adequacy of information and security protections for telework. 
This section requires GSA to maintain a central, publicly 
available website on telework that includes information on any 
regulations related to telework. The intent is for this website 
to provide a central source of information for management, 
federal employees, and the public on requirements and programs 
related to telework in the federal government.
    The new section 6504 creates the role of Telework Managing 
Officer.
    Section 6504(a) provides that each agency may appoint a 
Telework Managing Officer (TMO). The TMO must be appointed by 
the Chief Human Capital Officer of an agency or, if the agency 
does not have a Chief Human Capital Officer, by the head of the 
agency. If an agency appoints a TMO, the TMO must be paid, at a 
minimum, at the GS-15 rate of the General Schedule. This 
section provides that the Administrator of GSA may waive the 
pay rate requirement for an agency with fewer than 100 
employees if the agency certifies that being required to pay a 
TMO at the GS-15 level would adversely impact agency 
operations.
    Section 6504(b) provides that the position of Telework 
Managing Officer must be a career position and not a political 
position.
    Section 6504(c) describes the duties and responsibilities 
of the Telework Managing Officer. Some of these 
responsibilities include: serving as an advisor on telework to 
agency leadership and as a resource for managers and employees; 
ensuring that employees know about the agency's telework 
policy; developing a tracking system that measures telework at 
the agency to allow the agency to comply with telework 
reporting requirements; and ensuring that employees are 
notified of any grievance process available if they have a 
dispute related to telework. This is not intended to create, or 
require agencies to create, any new grievance procedures. This 
requires the TMO to ensure that employees know how they should 
deal with any dispute that arises related to teleworking 
authorizations or agreements through the agency's existing 
grievance procedures.
    Section 6504(d) provides that if a Telework Managing 
Officer is not appointed by an agency, the head of the agency 
must designate either the Chief Human Capital Officer or a 
career employee to carry out the duties described for Telework 
Managing Officers.
    The new section 6505 requires GAO to evaluate and report on 
agency telework programs.
    Section 6505(a) requires GAO to establish a system for 
evaluating each agency's teleworking policy and the level of 
employee participation in telework programs at each agency.
    Section 6505(b) requires GAO to submit an annual report 
covering each of the five years following enactment to the 
House Committee on Oversight and Government Reform and the 
Senate Committee on Homeland Security and Governmental Affairs. 
GAO's reports must evaluate the teleworking policy of each 
agency and provide data for the preceding year on agency 
telework programs. GAO must provide data such as the number and 
percentage of employees who were eligible to telework, the 
number and percentage of employees who teleworked an average of 
at least 20% of the hours they worked in every two workweeks, 
and the number and percentage of employees who were not 
authorized to telework. GAO must also evaluate the compliance 
of each agency with the telework requirements being added by 
the new chapter 65 and identify best practices in agency 
telework programs.
    Section 6505(c) provides that, for purposes of GAO's 
evaluation, an agency will only be considered to be in 
compliance with the new chapter 65 if the employees at the 
agency who were authorized to telework were permitted to 
telework for at least 20% of the hours that they worked in 
every two workweeks, not counting any workweeks in which an 
employee did not request to telework or was ineligible to 
telework.
    The new section 6506 describes the responsibilities of 
agencies with regard to including telework as part of 
continuity of operations planning.
    Section 6506(a) requires the head of each agency (as 
defined in subsection (c)) to ensure that, to the maximum 
extent practicable, teleworking is incorporated into each 
agency's continuity of operations planning and that mission 
critical personnel are equipped to telework in a catastrophe.
    Section 6506(b) provides that an agency's continuity of 
operations plan supersedes any inconsistencies in the agency's 
teleworking policies. In the event of a catastrophe, any 
provisions related to telework in the agency's continuity of 
operations plan will override any conflicting provisions in the 
agency's telework policies as long as the agency is operating 
pursuant to the continuity of operations plan.
    Section 6506(c) provides that the agencies that must comply 
with this section are the agencies that are listed in the Chief 
Financial Officers Act, specifically, 31 U.S.C. Sec. 901(b).
    Section 2(b) provides technical and conforming amendments 
including a clarification that the role of the Telework 
Managing Officer will replace the existing position of Telework 
Coordinator that agencies were required to designate pursuant 
to previous laws.

Section 3: Chief Human Capital Officers Council

    Subsection (a) codifies the establishment of the Chief 
Human Capital Officers Council which was created as part of the 
Homeland Security Act of 2002, P.L. 107-296, and adds the 
Administrator of GSA as a member of the Council. The Council is 
codified through the creation of a new subchapter in chapter 14 
of title 5. This subsection also adds teleworking to the 
matters to be considered by the Council. The Administrator of 
GSA is added to the Council in order to consider matters 
related to teleworking. The addition of the Administrator is 
not intended to alter the leadership structure of the Council.
    Subsection (b) includes technical and conforming amendments 
related to the creation of the new subchapter.

Section 4: Reporting requirement

    Subsection (a) requires GSA, in coordination with OPM, 
FEMA, and the Chief Human Capital Officers Council, to report 
to Congress on: the extent to which agencies have incorporated 
telework into their continuity of operations planning; the 
extent each agency has conducted operations tests and exercises 
using telework for essential and non-essential agency 
personnel; the extent to which agencies have used teleworking 
in response to emergencies; and any recommendations from GSA. 
GSA must issue this report within one year from the effective 
date of the regulations it must issue under the new section 
6502.
    Subsection (b) provides that the report required under 
subsection (a) must be provided to the House Committee on 
Oversight and Government Reform and the Senate Committee on 
Homeland Security and Governmental Affairs. This subsection 
provides that, for purposes of this section, the terms 
``teleworking'' and ``continuity of operations'' have the same 
meaning as in the new section 6501 created by section 2(a) of 
the bill. This subsection also provides that, for purposes of 
this section, the term ``agency'' means an executive agency 
with 100 or more full-time employees.

                       Explanation of Amendments

    At the Subcommittee business meeting on February 28, 2008, 
Rep. Danny Davis offered an amendment in the nature of a 
substitute, which passed by voice vote, to allow an agency to 
temporarily restrict an employee from teleworking in the event 
of an emergency; require GSA to maintain a central telework 
website; allow the Administrator of GSA, for agencies with 
fewer than 100 employees, to waive the bill's requirement that 
a TMO be compensated at the GS-15 rate; clarify that the 
position of TMO must be a career employee; and ensure that the 
definition of telework covers all authorized activities that 
can be performed from an alternate worksite.
    At the full Committee business meeting on March 13, 2008, 
Rep. Waxman offered an amendment in the nature of a substitute, 
which passed by voice vote, to codify telework in title 5; 
require that essential personnel be equipped to telework during 
a catastrophe; add telework as an issue to be coordinated by 
the Chief Human Capital Officers Council; require GAO to report 
on agency compliance and clarify that, for purposes of GAO's 
evaluation, an agency will only be considered to be in 
compliance with the new chapter 65 if the employees at the 
agency who were authorized to telework were permitted to 
telework for at least 20% of the hours that they worked in 
every two workweeks; and strengthen the information security 
protections of the bill. Rep. Tom Davis offered an amendment, 
which passed by voice vote, to provide agencies with the 
discretion to appoint or designate a TMO or, alternatively, to 
require the agency's Chief Human Capital Officer or a career 
employee to carry out those duties.

                        Committee Consideration

    On Thursday, March 13, 2008, the Committee met in open 
session and ordered H.R. 4106 to be reported, as amended, to 
the House by a voice vote.

                             Rollcall Votes

    No rollcall votes were held.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations. 
H.R. 4106 relates to executive branch telework programs and 
therefore does not relate to employment or access to public 
services and accommodations in the legislative branch.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report including the need to: improve agency telework 
programs; provide a consistent definition of telework; and 
establish consistent and accurate measurements of telework in 
the federal government.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, including improving agency telework policies in 
order to allow more federal employees to telework.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 4106. Article I, Section 8, Clause 18 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                      Unfunded Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the report include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                         Earmark Identification

    H.R. 4106 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 4106. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 4106 from the Director of 
the Congressional Budget Office:

                                                    April 14, 2008.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4106, the Telework 
Improvements Act of 2008.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 4106--Telework Improvements Act of 2008

    H.R. 4106 would require executive agencies of the federal 
government to establish policies to determine which employees 
are eligible to participate in certain telework programs. 
(Telework programs enable employees to work part time from 
places other than their regular place of employment.) The 
legislation also would require agencies to incorporate telework 
options into their emergency operation plans (known as 
continuity of operation plans). Finally, H.R. 4106 would 
require the Government Accountability Office to report annually 
on agencies' telework policies, participation, and practices.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 4106 would increase 
administrative costs across affected agencies by $5 million in 
2008 and much smaller amounts in subsequent years. Those costs 
would result from requirements that agencies notify employees 
of their eligibility to participate in telework programs and 
report on their telework programs. H.R. 4106 also could affect 
direct spending, but CBO estimates that any amounts would not 
be significant in any year. Enacting the bill would not affect 
revenues.
    Under current law, executive branch agencies are required 
to establish policies for employees to participate in telework 
programs to the maximum extent possible without diminishing 
employees' performance. The General Services Administration and 
the Office of Personnel Management provide guidance and 
resources to federal agencies to support telework policies 
governmentwide. This bill would require agencies to establish 
and implement policies to enable eligible employees to 
participate in telework programs, adding to annual 
administrative costs.
    For most agencies, additional spending would be subject to 
the availability of appropriated funds; however, the bill could 
affect direct spending by agencies not funded through annual 
appropriations, such as the Tennessee Valley Authority and the 
Bonneville Power Administration. CBO estimates, however, that 
any increase in spending for telework programs by those 
agencies would not be significant.
    H.R. 4106 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    On January 28, 2007, CBO provided a cost estimate for S. 
1000, the Telework Enhancement Act of 2007, as ordered reported 
by the Senate Committee on Homeland Security and Governmental 
Affairs on November 14, 2007. The bills are similar in that 
they both deal with telework, but S. 1000 would apply to 
legislative as well as executive agencies. CBO estimates that 
any additional costs to legislative agencies under S. 1000 
would be negligible and our cost estimates for the bills are 
similar.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
         PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES

Chapter                                                             Sec.
      Office of Personnel Management................................1101
     * * * * * * *
      Agency Chief Human Capital Officers..........................1401]
1401Chief Human Capital Officers......................................

           *       *       *       *       *       *       *


            [CHAPTER 14--AGENCY CHIEF HUMAN CAPITAL OFFICERS

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

                CHAPTER 14--CHIEF HUMAN CAPITAL OFFICERS

            subchapter i--agency chief human capital officers

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

           subchapter ii--chief human capital officers council

1421. Chief Human Capital Officers Council.

           *       *       *       *       *       *       *


          SUBCHAPTER II--CHIEF HUMAN CAPITAL OFFICERS COUNCIL

Sec. 1421. Chief Human Capital Officers Council

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

           *       *       *       *       *       *       *


                          PART III--EMPLOYEES

Chap.                                                               Sec.

                      Subpart A--General Provisions

      Definitions...................................................2101
     * * * * * * *

                     Subpart E--Attendance and Leave

      Hours of Work.................................................6101
     * * * * * * *
6501Teleworking.......................................................

           *       *       *       *       *       *       *


SUBPART E--ATTENDANCE AND LEAVE

           *       *       *       *       *       *       *


                        CHAPTER 65--TELEWORKING

Sec.  
6501.  Definitions.
6502.  Governmentwide teleworking requirement.
6503.  Implementation.
6504.  Telework Managing Officer.
6505.  Annual telework agency rating.
6506.  Continuity of operations.

Sec. 6501. Definitions

  For purposes of this chapter--
          (1) the term ``agency'' means an Executive agency (as 
        defined by section 105), except as provided in section 
        6506(c);
          (2) the term ``telework'' or ``teleworking'' refers 
        to a work arrangement under which an employee regularly 
        performs the duties and responsibilities of such 
        employee's position, and other authorized activities, 
        from home or another worksite removed from the 
        employee's regular place of employment;
          (3) the term ``continuity of operations'' refers to 
        the preparations and institutions maintained by the 
        Government to provide for the continuation of 
        Government operations in the event of a catastrophe; 
        and
          (4) the term ``catastrophe'' includes--
                  (A) a national emergency declared by the 
                President under the National Emergencies Act;
                  (B) an emergency or major disaster declared 
                by the President under the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act; 
                and
                  (C) a public health emergency declared by the 
                Secretary of Health and Human Services under 
                section 319 of the Public Health Service Act.

Sec. 6502. Governmentwide teleworking requirement

  (a) Teleworking Requirement.--
          (1) In general.--Not later than 180 days after the 
        date of the enactment of this chapter, the head of each 
        agency shall establish a policy under which employees 
        shall be authorized to telework, subject to paragraph 
        (2) and subsection (b).
          (2) Regulations.--The policy of each agency under 
        this subsection--
                  (A) shall be in conformance with regulations 
                which the Administrator of General Services 
                shall, within 120 days after the date of the 
                enactment of this chapter and in coordination 
                with the Office of Personnel Management, 
                prescribe for purposes of this subsection; and
                  (B) shall ensure that employees who are 
                authorized to telework will be allowed to do 
                so--
                          (i) to the maximum extent possible; 
                        and
                          (ii) without diminishing employee 
                        performance or agency operations.
  (b) Treatment of Certain Circumstances.--Nothing in 
subsection (a) shall be considered--
          (1) to require the head of an agency to authorize 
        teleworking in the case of an employee whose duties and 
        responsibilities--
                  (A) require daily access to classified 
                information;
                  (B) require daily face-to-face contact with 
                members of the public or other persons, or the 
                use of equipment, at the employee's regular 
                place of employment; or
                  (C) are such that their performance from a 
                site removed from the employee's regular place 
                of employment is not feasible; or
          (2) to prevent the temporary denial of permission for 
        an employee to telework if, in the judgment of the 
        agency head--
                  (A) the employee is needed to respond to an 
                emergency;
                  (B) the employee requires additional 
                training; or
                  (C) the denial is necessary, for a specific 
                or ascertainable period of time, to achieve 
                goals and objectives of programs administered 
                by the agency.
  (c) Rule of Construction.--Nothing in this chapter shall--
          (1) be considered to require any employee to 
        telework; or
          (2) prevent an agency from permitting an employee to 
        telework as part of a continuity of operations plan.

Sec. 6503. Implementation

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

Sec. 6504. Telework Managing Officer

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

Sec. 6505. Annual telework agency rating

  (a) In General.--The Comptroller General shall establish a 
system for evaluating--
          (1) the teleworking policy of each agency; and
          (2) employee participation in telework programs at 
        each agency.
  (b) Annual Report.--The Comptroller General shall, based on 
the system established under subsection (a), submit an annual 
report to the Committee on Oversight and Government Reform of 
the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate. Each report 
under this subsection shall, with respect to the period covered 
by such report--
          (1) evaluate the teleworking policy of each agency;
          (2) for each agency, indicate the total number of 
        employees in such agency and identify--
                  (A) the number and percentage of employees 
                who were eligible to telework;
                  (B) the number and percentage of employees 
                who teleworked an average of at least once a 
                week on a regular basis, determined based on 
                time spent actually teleworking;
                  (C) the number and percentage of employees 
                who teleworked an average of at least 20 
                percent of the hours that they worked in every 
                2 administrative workweeks, determined based on 
                time spent actually teleworking;
                  (D) the number and percentage of employees 
                who teleworked at least once a month on a 
                regular basis, determined based on time spent 
                actually teleworking;
                  (E) the number and percentage of employees 
                who were not authorized to telework and the 
                reasons why they were not so authorized;
                  (F) the number and percentage of employees 
                who were authorized to telework and then later 
                stopped teleworking, the reasons why those 
                employees stopped teleworking, and whether 
                their stopping was voluntary or due to other 
                factors, such as office coverage needs or 
                productivity;
                  (G) the extent to which barriers to 
                maximizing teleworking opportunities have been 
                identified and eliminated;
                  (H) the impact (if any) of the agency's 
                teleworking policy on the recruitment and 
                retention of employees;
                  (I) the impact (if any) of the agency's 
                teleworking policy on the performance of agency 
                employees; and
                  (J) the level of employee satisfaction with 
                the agency's teleworking policy, determined 
                based on employee feedback;
          (3) evaluate the compliance of each agency with the 
        requirements of this chapter; and
          (4) identify best practices in agency teleworking 
        programs.
A report under this subsection shall be submitted for the year 
in which the regulations under section 6502(a)(2)(A) take 
effect and for each of the 4 succeeding years. Each such report 
shall be submitted within 6 months after the end of the year to 
which it relates.
  (c) Minimum Requirement for Compliance.--For purposes of 
subsection (b)(3), an agency shall not be considered to be in 
compliance with the requirements of this chapter unless the 
employees of such agency who were authorized to telework were 
permitted to telework for at least 20 percent of the hours that 
they worked in every 2 administrative workweeks (disregarding 
any workweeks for which such employees did not submit a request 
or for which they were otherwise ineligible to telework).

Sec. 6506. Continuity of operations

  (a) In General.--The head of each agency shall ensure that--
          (1) to the maximum extent practicable, teleworking is 
        incorporated into the continuity of operations planning 
        of such agency; and
          (2) mission critical personnel, as determined by the 
        head of such agency, are equipped to telework in time 
        of a catastrophe.
  (b) Coordination Rule.--The continuity of operations plan of 
an agency shall supersede any teleworking policy of such agency 
to the extent that they are inconsistent with one another.
  (c) Agency Defined.--For purposes of carrying out subsection 
(a)(2), the term ``agency'' means an agency named in paragraph 
(1) or (2) of section 901(b) of title 31.

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 622 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 
        JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

  Sec. 622. The Departments of Commerce, Justice, State, the 
Judiciary, the Securities and Exchange Commission and the Small 
Business Administration shall, not later than two months after 
the date of the enactment of this Act, certify that 
telecommuting opportunities are made available to 100 percent 
of the eligible workforce: Provided, That, of the total amounts 
appropriated to the Departments of Commerce, Justice, State, 
the Judiciary, the Securities and Exchange Commission and the 
Small Business Administration, $5,000,000 shall be available 
only upon such certification: Provided further, That each 
Department or agency shall provide quarterly reports to the 
Committees on Appropriations on the status of telecommuting 
programs, including the number of Federal employees eligible 
for, and participating in, such programs: Provided further, 
That each Department or agency shall [designate a ``Telework 
Coordinator'' to be] appoint or designate a Telework Managing 
Officer to be responsible for overseeing the implementation and 
operations of telecommuting programs, and serve as a point of 
contact on such programs for the Committees on Appropriations.
                              ----------                              


                   SECTION 1303 OF PUBLIC LAW 107-296

[SEC. 1303. CHIEF HUMAN CAPITAL OFFICERS COUNCIL.

  [(a) Establishment.--There is established a Chief Human 
Capital Officers Council, consisting of--
          [(1) the Director of the Office of Personnel 
        Management, who shall act as chairperson of the 
        Council;
          [(2) the Deputy Director for Management of the Office 
        of Management and Budget, who shall act as vice 
        chairperson of the Council; and
          [(3) the Chief Human Capital Officers of Executive 
        departments and any other members who are designated by 
        the Director of the Office of Personnel Management.
  [(b) Functions.--The Chief Human Capital Officers Council 
shall meet periodically to advise and coordinate the activities 
of the agencies of its members on such matters as modernization 
of human resources systems, improved quality of human resources 
information, and legislation affecting human resources 
operations and organizations.
  [(c) Employee Labor Organizations at Meetings.--The Chief 
Human Capital Officers Council shall ensure that 
representatives of Federal employee labor organizations are 
present at a minimum of 1 meeting of the Council each year. 
Such representatives shall not be members of the Council.
  [(d) Annual Report.--Each year the Chief Human Capital 
Officers Council shall submit a report to Congress on the 
activities of the Council.]

           *       *       *       *       *       *       *


              ADDITIONAL VIEWS OF RANKING MEMBER TOM DAVIS

    Far too many federal agencies are missing the opportunity 
to promote teleworking among their employees. Ninety percent of 
the employees eligible to telework do not do so at this time. 
The Telework Improvements Act of 2008 would require federal 
agencies to put in place telework policies and to utilize 
telework as much as possible.
    With the vast majority of the federal government's 
workforce located here in the National Capital Region, 
utilizing telework will have an immediate and dramatic impact 
on the traffic congestion in the region. It will also increase 
worker productivity as our federal workforce spends less time 
commuting to and from work every day. As an added benefit, 
keeping people off the roads will reduce our carbon emissions. 
Everybody benefits, not just the teleworkers.
    Prior to the Committee's consideration of the bill, several 
improvements were made to the legislation--many at our request. 
First, the reported version includes stronger language 
regarding the protection of information being accessed through 
remote networks. This IT security language is important to 
reassure the general public that, as we promote the use of 
telework in federal agencies, the government is taking 
necessary steps to make sure personal information is 
safeguarded.
    Second, the reported version requires agencies to further 
integrate telework into their continuity of operations planning 
by making sure mission critical personnel are prepared to 
telework in the event of a major disaster, such as a terrorist 
attack or an outbreak of the pandemic flu.
    Third, the reported version tasks the Chief Human Capital 
Officers Council with being a central coordinator of best 
practices for agencies regarding telework.
    Fourth, the reported version gives agencies some 
flexibility in determining how best to promote telework within 
their workforce by allowing them to either assign the telework 
responsibilities to the agency's Chief Human Capital Officer or 
to a career official at the agency. I was concerned that the 
original legislation imposed an excessive amount of new 
bureaucracy upon the government in conjunction with telework--
this added flexibility largely addresses my concern.
    Promoting the use of telework by the federal workforce will 
improve employee efficiency and ultimately lead to better 
services being provided to the American public, and I 
appreciate the Chairman's willingness to work with us on this 
legislation.

                                                         Tom Davis.
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