Telework Improvements Act of 2008

        [Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[H.R. 4106 Referred in Senate (RFS)]

2d Session
H. R. 4106

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 4, 2008

Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs

_______________________________________________________________________

AN ACT

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.

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 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.
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.

Passed the House of Representatives June 3, 2008.

Attest:

LORRAINE C. MILLER,

Clerk.