Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	1,651	n/a	n/a
Reported in House	3,222	196	72%
Engrossed in House	2,961	54	21%
Referred in Senate	2,931	5 Show Changes Hide Changes	2%

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HR 4106 EHRFSCommentsClose CommentsPermalink

110th CONGRESS 2d Session H. R. 4106 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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TELEWORK.

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

`CHAPTER 65--TELEWORK

`Sec.CommentsClose CommentsPermalink





`6501. Definitions.CommentsClose CommentsPermalink





`6502. Governmentwide telework requirement.CommentsClose CommentsPermalink





`6503. Implementation.CommentsClose CommentsPermalink





`6504. Telework Managing Officer.CommentsClose CommentsPermalink





`6505. Evaluating telework in agencies.CommentsClose CommentsPermalink





`6506. Continuity of operations.CommentsClose CommentsPermalink

`Sec. 6501. Definitions

`For purposes of this chapter--CommentsClose CommentsPermalink





`(1) the term `agency' means an Executive agency (as defined by section 105), except as provided in section 6506(c);CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`Sec. 6502. Governmentwide telework requirement

`(a) Telework Requirement-CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(2) REGULATIONS- The policy of each agency under this subsection--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(B) shall ensure that employees are authorized to telework--CommentsClose CommentsPermalink





`(i) to the maximum extent possible; andCommentsClose CommentsPermalink





`(ii) without diminishing employee performance or agency operations.CommentsClose CommentsPermalink





`(b) Treatment of Certain Circumstances- Nothing in subsection (a) shall be considered--CommentsClose CommentsPermalink





`(1) to require the head of an agency to authorize teleworking in the case of an employee whose duties and responsibilities--CommentsClose CommentsPermalink





`(A) require daily access to classified information;CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(C) are such that their performance from a site removed from the employee's regular place of employment is not feasible; orCommentsClose CommentsPermalink





`(2) to prevent the temporary denial of permission for an employee to telework if, in the judgment of the agency head--CommentsClose CommentsPermalink





`(A) the employee is needed to respond to an emergency;CommentsClose CommentsPermalink





`(B) the employee requires additional training; orCommentsClose CommentsPermalink





`(C) the denial is necessary, for a specific or ascertainable period of time, to achieve goals and objectives of programs administered by the agency.CommentsClose CommentsPermalink





`(c) Rule of Construction- Nothing in this chapter shall--CommentsClose CommentsPermalink





`(1) be considered to require any employee to telework; orCommentsClose CommentsPermalink





`(2) prevent an agency from permitting an employee to telework as part of a continuity of operations plan.CommentsClose CommentsPermalink

`Sec. 6503. Implementation

`In order to carry out the purposes of this chapter--CommentsClose CommentsPermalink





`(1) the head of each agency shall ensure that--CommentsClose CommentsPermalink





`(A) appropriate training is provided to supervisors and managers and to all employees who are authorized to telework; andCommentsClose CommentsPermalink





`(B) no distinction is made between teleworkers and nonteleworkers for purposes of performance appraisals;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) questions of eligibility to telework, including considerations relating to employee performance; andCommentsClose CommentsPermalink





`(B) making telework part of the agency's goals, including those of individual supervisors and managers;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) to control access to agency information and information systems;CommentsClose CommentsPermalink





`(B) to protect agency information (including personally identifiable information) and information systems;CommentsClose CommentsPermalink





`(C) to limit the introduction of vulnerabilities;CommentsClose CommentsPermalink





`(D) to protect information systems not under the control of the agency that are used for teleworking; andCommentsClose CommentsPermalink





`(E) to safeguard the use of wireless and other telecommunications capabilities used for telework purposes; andCommentsClose CommentsPermalink





`(4) the General Services Administration shall--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`Sec. 6504. Telework Managing Officer

`(a) Appointment and Compensation-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) shall be appointed--CommentsClose CommentsPermalink





`(i) by the Chief Human Capital Officer of such agency; orCommentsClose CommentsPermalink





`(ii) if none, by the head of such agency; andCommentsClose CommentsPermalink





`(B) shall be compensated at a rate not less than the minimum rate of basic pay for grade GS-15 of the General Schedule.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(c) Duties and Responsibilities- The duties and responsibilities of the Telework Managing Officer of an agency shall be as follows:CommentsClose CommentsPermalink





`(1) Serving as--CommentsClose CommentsPermalink





`(A) an advisor on teleworking to the head of such agency and to the Chief Human Capital Officer of such agency (if any);CommentsClose CommentsPermalink





`(B) a resource on teleworking for supervisors, managers, and employees of such agency; andCommentsClose CommentsPermalink





`(C) the agency's primary point of contact on teleworking matters for employees of such agency, Congress, and other agencies.CommentsClose CommentsPermalink





`(2) Ensuring that the agency's teleworking policy is communicated effectively to employees.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) Developing and administering a tracking system for compliance with Governmentwide telework reporting requirements.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(6) Establishing a system for receiving feedback from agency employees on the agency's telework policy.CommentsClose CommentsPermalink





`(7) Developing and implementing a program to identify and remove barriers to telework and to maximize telework opportunities in the agency.CommentsClose CommentsPermalink





`(8) Ensuring that employees are notified of grievance procedures available to them (if any) with respect to any disputes that relate to telework.CommentsClose CommentsPermalink





`(9) Performing such other duties and responsibilities relating to telework as the head of the agency may require.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink

`Sec. 6505. Evaluating telework in agencies

`(a) In General- The Comptroller General shall establish a system for evaluating--CommentsClose CommentsPermalink





`(1) the telework policy of each agency; andCommentsClose CommentsPermalink





`(2) employee participation in telework programs at each agency.CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(1) evaluate the telework policy of each agency;CommentsClose CommentsPermalink





`(2) for each agency, indicate the total number of employees in such agency and identify--CommentsClose CommentsPermalink





`(A) the number and percentage of employees who were eligible to telework;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(E) the number and percentage of employees who were not authorized to telework and the reasons why they were not so authorized;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(G) the extent to which barriers to maximizing teleworking opportunities have been identified and eliminated;CommentsClose CommentsPermalink





`(H) the impact (if any) of the agency's telework policy on the recruitment and retention of employees;CommentsClose CommentsPermalink





`(I) the impact (if any) of the agency's telework policy on the performance of agency employees; andCommentsClose CommentsPermalink





`(J) the level of employee satisfaction with the agency's telework policy, determined based on employee feedback;CommentsClose CommentsPermalink





`(3) evaluate the compliance of each agency with the requirements of this chapter; andCommentsClose CommentsPermalink





`(4) identify best practices in agency telework programs.CommentsClose CommentsPermalink





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.CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink

`Sec. 6506. Continuity of operations

`(a) In General- The head of each agency shall ensure that--CommentsClose CommentsPermalink





`(1) to the maximum extent practicable, telework is incorporated into the continuity of operations planning of such agency; andCommentsClose CommentsPermalink





`(2) mission critical personnel, as determined by the head of such agency, are equipped to telework in time of a catastrophe.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink

6501'.CommentsClose CommentsPermalink

(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'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`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--CommentsClose CommentsPermalink





`(1) the Director of the Office of Personnel Management, who shall act as chairperson of the Council;CommentsClose CommentsPermalink





`(2) the Deputy Director for Management of the Office of Management and Budget, who shall act as vice chairperson of the Council;CommentsClose CommentsPermalink





`(3) the Administrator of General Services; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) Annual Report- Each year, the Chief Human Capital Officers Council shall submit a report to Congress on the activities of the Council.'.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink

`CHAPTER 14--CHIEF HUMAN CAPITAL OFFICERS

`subchapter i--agency chief human capital officers

`Sec.CommentsClose CommentsPermalink





`1401. Establishment of agency Chief Human Capital Officers.CommentsClose CommentsPermalink





`1402. Authority and functions of agency Chief Human Capital Officers.CommentsClose CommentsPermalink

`subchapter ii--chief human capital officers council

`1421. Chief Human Capital Officers Council.CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink

1401'.CommentsClose CommentsPermalink

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

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--CommentsClose CommentsPermalink





(1) the extent to which such incorporation has occurred within each of the respective agencies;CommentsClose CommentsPermalink





(2) the extent to which each agency has conducted continuity of operations tests and exercises incorporating telework for essential and non-essential personnel;CommentsClose CommentsPermalink





(3) the extent to which agencies have used telework in response to emergencies; andCommentsClose CommentsPermalink





(4) any recommendations the General Services Administration considers appropriate.CommentsClose CommentsPermalink





(b) Definitions- For purposes of this section--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(3) the term `agency' means an agency named in paragraph (1) or (2) of section 901(b) of title 31, United States Code.CommentsClose CommentsPermalink

Passed the House of Representatives June 3, 2008.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

110th CONGRESS2d SessionH. R. 4106AN ACTTo 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 LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink