See Issa motion to recommit with instructions for amendment explanation.
What it does: Rewrites page 5, line 11 through page 6, line 9What it changes
1 change to H.R. 1722
Rewrites page 5, line 11 through page 6, line 9
ReplacesPrinted pageRemoves page 5, line 11 through page 6, line 9 of the printed bill. See that page
Inserted: (b) Limitations.--
Inserted: (1) Certain employees not authorized to telework.--An employee may not telework under a policy established under this chapter if any of the following apply to the employee:
Inserted: (A) The employee has a seriously delinquent tax debt (as determined under paragraph (2)).
Inserted: (B) The employee has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.
Inserted: (C) The employee received a payment under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) but was ineligible to receive the payment under the criteria described in section 2605(b)(2) of such Act (42 U.S.C. 8624(b)(2)).
Inserted: (D) The employee has been officially disciplined for being absent without permission for more than 5 days in any calendar year.
Inserted: (2) Determination of seriously delinquent tax debt.--
Inserted: (A) In general.--For purposes of paragraph (1)(A), a 'seriously delinquent tax debt' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code, except that such term does not include--
Inserted: (i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code;
Inserted: (ii) a debt with respect to which a levy has been issued under section 6331 of such Code upon accrued salary or wages (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to a levy issued under such section upon accrued salary or wages); and
Inserted: (iii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending.
Inserted: (B) Regulations.--The Office of Personnel Management shall, for purposes of carrying out this paragraph, prescribe any regulations which the Office considers necessary, except that such regulations shall provide that an individual shall be given a reasonable amount of time to demonstrate that the individual's debt is described in clause (i), (ii), or (iii) of subparagraph (A).
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Inserted: (3) Certification of savings.--An agency may not permit employees to telework under a policy established under this chapter unless the head of the agency certifies to the Director of the Office of Personnel Management that the implementation of the policy will result in savings to the agency.
Inserted: (4) Provisions relating to certain circumstances.--Nothing in subsection (a) shall be considered--
Inserted: (A) to require the head of an agency to authorize teleworking in the case of an employee whose duties and responsibilities--
Inserted: (i) require daily direct handling of classified information; or
Inserted: (ii) are such that their performance requires on-site activity which cannot be carried out from a site removed from the employee's regular place of employment; or
Inserted: (B) to prevent the temporary denial of permission for an employee to telework if, in the judgment of the agency head, the employee is needed to respond to an emergency.
Inserted: (c) Prohibiting Collective Bargaining Activities While Teleworking.--Notwithstanding any provision of chapter 71, any time during which an employee teleworks may not be treated as 'official time' for purposes of the authority to carry out any activity under section 7131 of this title.
Inserted: (d) Requirement That Presidential and Vice-Presidential Records Created on Non-official Electronic Mail or Social Media Accounts While Teleworking Be Copied to Official Electronic Mail Accounts.--In the case of any employee who, while teleworking pursuant to a policy established under this chapter, creates or receives a Presidential record or Vice-Presidential record within the meaning of chapter 22 of title 44, United States Code, through a non-official electronic mail account, a social media account, or any other method (electronic or otherwise), the employee shall electronically copy the record into the employee's official electronic mail account.
Inserted: (e) Rule of Construction.--Nothing in this chapter shall--
Inserted: (1) be considered to require any employee to telework; or
Inserted: (2) prevent an agency from permitting an employee to telework as part of a continuity of operations plan.
Original wording
Page 5, strike line 11 and all that follows through page 6, line 9, and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
Page 5, strike line 11 and all that follows through page 6, line 9, and insert the following:
“(b) Limitations.--
“(1) Certain employees not authorized to telework.--An employee may not telework under a policy established under this chapter if any of the following apply to the employee:
“(A) The employee has a seriously delinquent tax debt (as determined under paragraph (2)).
“(B) The employee has been officially disciplined for violations of subpart G of the Standards of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or exchanging pornography, including child pornography, on a Federal Government computer or while performing official Federal Government duties.
“(C) The employee received a payment under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) but was ineligible to receive the payment under the criteria described in section 2605(b)(2) of such Act (42 U.S.C. 8624(b)(2)).
“(D) The employee has been officially disciplined for being absent without permission for more than 5 days in any calendar year.
“(2) Determination of seriously delinquent tax debt.--
“(A) In general.--For purposes of paragraph (1)(A), a ‘seriously delinquent tax debt' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code, except that such term does not include--
“(i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code;
“(ii) a debt with respect to which a levy has been issued under section 6331 of such Code upon accrued salary or wages (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to a levy issued under such section upon accrued salary or wages); and
“(iii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending.
“(B) Regulations.--The Office of Personnel Management shall, for purposes of carrying out this paragraph, prescribe any regulations which the Office considers necessary, except that such regulations shall provide that an individual shall be given a reasonable amount of time to demonstrate that the individual's debt is described in clause (i), (ii), or (iii) of subparagraph (A).
“(3) Certification of savings.--An agency may not permit employees to telework under a policy established under this chapter unless the head of the agency certifies to the Director of the Office of Personnel Management that the implementation of the policy will result in savings to the agency.
“(4) Provisions relating to certain circumstances.--Nothing in subsection (a) shall be considered--
“(A) to require the head of an agency to authorize teleworking in the case of an employee whose duties and responsibilities--
“(i) require daily direct handling of classified information; or
“(ii) are such that their performance requires on-site activity which cannot be carried out from a site removed from the employee's regular place of employment; or
“(B) to prevent the temporary denial of permission for an employee to telework if, in the judgment of the agency head, the employee is needed to respond to an emergency.
“(c) Prohibiting Collective Bargaining Activities While Teleworking.--Notwithstanding any provision of chapter 71, any time during which an employee teleworks may not be treated as ‘official time' for purposes of the authority to carry out any activity under section 7131 of this title.
“(d) Requirement That Presidential and Vice-Presidential Records Created on Non-official Electronic Mail or Social Media Accounts While Teleworking Be Copied to Official Electronic Mail Accounts.--In the case of any employee who, while teleworking pursuant to a policy established under this chapter, creates or receives a Presidential record or Vice-Presidential record within the meaning of chapter 22 of title 44, United States Code, through a non-official electronic mail account, a social media account, or any other method (electronic or otherwise), the employee shall electronically copy the record into the employee's official electronic mail account.
“(e) 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.”.
Legislative Activity
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House amendment offered
July 14, 2010
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House amendment offered
July 14, 2010
House amendment agreed to: On agreeing to the Lynch amendment (A002) Agreed to by voice vote.
July 14, 2010 • 3:38 PM
Amendment agreed to by House: On agreeing to the Lynch amendment (A002) Agreed to by voice vote.
July 14, 2010 • 3:38 PM
House amendment offered/reported by : Amendment (A002) offered by Mr. Lynch.(consideration: CR H5589; text: CR H5589)
July 14, 2010 • 3:38 PM
Amendment (A002) offered by Mr. Lynch. (consideration: CR H5589; text: CR H5589)
July 14, 2010 • 3:38 PM
On agreeing to the Lynch amendment (A002) Agreed to by voice vote.
July 14, 2010 • 3:38 PM