[Pages H5577-H5590]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

TELEWORK IMPROVEMENTS ACT OF 2010

Mr. LYNCH. Madam Speaker, pursuant to House Resolution 1509, I call
up the bill (H.R. 1722) 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, and ask for its immediate
consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 1509, the
amendment in the nature of a substitute printed in the bill, modified
by the amendment printed in House Report 111-535, is adopted and the
bill, as amended, is considered read.
The text of the bill, as amended, is as follows:

H.R. 1722

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
2010''.

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.

``Sec. 6501. Definitions

``For purposes of this chapter--
``(1) the term `agency' means an Executive agency (as
defined by section 105), except as otherwise provided in this
chapter;
``(2) the term `telework' or `teleworking' refers to a work
flexibility arrangement under which an employee performs the
duties and responsibilities of such employee's position, and
other authorized activities, from an approved worksite other
than the location from which the employee would otherwise
work;
``(3) the term `continuity of operations', as used with
respect to an agency, refers to measures designed to ensure
that functions essential to the mission of the agency can
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;
and
``(4) the term `Telework Managing Officer' means, with
respect to an agency, the Telework Managing Officer of the
agency designated under section 6504.

``Sec. 6502. Governmentwide telework requirement

``(a) Telework Requirement.--
``(1) In general.--Not later than one year 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) Agency policies.--The head of each agency shall
ensure--
``(A) that the telework policy established under this
section--
``(i) conforms to the regulations promulgated by the
Director of the Office of Personnel Management under section
6503, and
``(ii) authorizes employees to telework to the maximum
extent possible without diminishing agency operations and
performance; and
``(B) that information on whether a position is eligible
for telework is included in descriptions of available
positions and recruiting materials.''.
``(b) Provisions Relating to 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 direct handling of classified
information; or
``(B) 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
``(2) 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) Rule of Construction.--Nothing in this chapter
shall--
``(1) be considered to require any employee to telework;
``(2) prevent an agency from permitting an employee to
telework as part of a continuity of operations plan; or
``(3) authorize telework by an employee who 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.''.

``Sec. 6503. Implementation

``(a) Responsibilities of Agencies.--The head of each
agency shall ensure that--
``(1) appropriate training is provided to supervisors and
managers, and to all employees who are authorized to
telework, as directed by the Telework Managing Officer of
such agency;
``(2) the training covers the information security
guidelines issued by the Director of the Office of Management
and Budget under this section;

[[Page H5578]]

``(3) no distinction is made between teleworkers and
nonteleworkers for purposes of--
``(A) periodic appraisals of job performance of employees,
``(B) training, rewarding, reassigning, promoting, reducing
in grade, retaining, or removing employees,
``(C) work requirements, or
``(D) other acts involving managerial discretion;
``(4) in determining what constitutes diminished
performance in the case of an employee who teleworks, the
agency shall consult the performance management guidelines of
the Office of Personnel Management; and
``(5) in the case of an agency which is named in paragraph
(1) or (2) of section 901(b) of title 31, the agency
incorporates telework in its continuity of operations plans
and uses telework in response to emergencies.
``(b) Responsibilities of OPM.--The Director of the Office
of Personnel Management shall--
``(1) not later than 180 days after the date of the
enactment of this chapter, in consultation with the
Administrator of General Services, promulgate regulations
necessary to carry out this chapter, except that such
regulations shall not apply with respect to the Government
Accountability Office;
``(2) provide advice, assistance, and any necessary
training to agencies with respect to the requirements of this
chapter, including with respect to--
``(A) questions of eligibility to telework, such as the
effect of employee performance on eligibility, and
``(B) making telework part of the agency's goals, including
those of individual supervisors and managers; and
``(3) in consultation with the Administrator of General
Services, maintain a central, publicly available telework
website that includes--
``(A) any regulations relating to telework and any other
information the Director considers appropriate,
``(B) an e-mail address which may be used to submit
comments to the Director on agency telework programs or
agreements, and
``(C) a copy of all reports issued under section 6505(a).
``(c) Security Guidelines.--The Director of the Office of
Management and Budget, in coordination with the National
Institute of Standards and Technology, shall issue guidelines
not later than 180 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 while teleworking. Such guidelines shall, at a minimum,
include requirements necessary--
``(1) to control access to agency information and
information systems;
``(2) to protect agency information (including personally
identifiable information) and information systems;
``(3) to limit the introduction of vulnerabilities;
``(4) to protect information systems not under the control
of the agency that are used for teleworking;
``(5) to safeguard wireless and other telecommunications
capabilities that are used for teleworking; and
``(6) to prevent inappropriate use of official time or
resources that violates subpart G of the Standards of Ethical
Conduct for Employees of the Executive Branch by viewing,
downloading, or exchanging pornography, including child
pornography.''.

``Sec. 6504. Telework Managing Officer

``(a) Designation and Compensation.--Each agency shall
designate an officer, to be known as the `Telework Managing
Officer'. The Telework Managing Officer of an agency shall be
designated--
``(1) by the Chief Human Capital Officer of such agency; or
``(2) if the agency does not have a Chief Human Capital
Officer, by the head of such agency.
``(b) Status Within Agency.--The Telework Managing Officer
of an agency shall be a senior official of the agency who has
direct access to the head of the agency.
``(c) 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.
``(d) Duties and Responsibilities.--Each Telework Managing
Officer of an agency shall--
``(1) provide advice on teleworking to the head of such
agency and to the Chief Human Capital Officer of such agency
(if any);
``(2) serve as a resource on teleworking for supervisors,
managers, and employees of such agency;
``(3) serve as the primary point of contact on telework
matters for agency employees and (with respect to such
agency) for Congress and other agencies;
``(4) work with senior management of the agency to develop
and implement a plan to incorporate telework into the
agency's regular business strategies and its continuity of
operations strategies, taking into consideration factors such
as--
``(A) cost-effectiveness,
``(B) equipment,
``(C) training, and
``(D) data collection;
``(5) ensure that the agency's telework policy is
communicated effectively to employees;
``(6) ensure that electronic or written notification is
provided to each employee of specific telework programs and
the agency's telework policy, including authorization
criteria and application procedures;
``(7) develop and administer a tracking system for
compliance with Governmentwide telework reporting
requirements;
``(8) provide to the Director of the Office of Personnel
Management and the Comptroller General such information as
such individuals may require to prepare the reports required
under section 6505, including the techniques used to verify
and validate data on telework, except that this paragraph
shall not apply with respect to the Government Accountability
Office;
``(9) establish a system for receiving feedback from agency
employees on the telework policy of the agency;
``(10) develop and implement a program to identify and
remove barriers to telework and to maximize telework
opportunities in the agency;
``(11) track and retain information on all denials of
permission to telework for employees who are authorized to
telework, and report such information on an annual basis to--
``(A) the Chief Human Capital Officer of such agency (or,
if the agency does not have a Chief Human Capital Officer,
the head of such agency), and
``(B) the Director of the Office of Personnel Management,
for purposes of preparing the reports required under section
6505(a), except that this subparagraph shall not apply with
respect to the Government Accountability Office;
``(12) ensure that employees are notified of grievance
procedures available to them (if any) with respect to any
disputes that relate to telework; and
``(13) perform such other duties and responsibilities
relating to telework as the head of the agency may require.
``(e) Rule of Construction Regarding Status of Telework
Managing Officer.--Nothing in this section shall be construed
to prohibit an individual who holds another office or
position in an agency from serving as the Telework Managing
Officer for the agency under this chapter.

``Sec. 6505. Evaluating telework in agencies

``(a) Annual Report by OPM.--
``(1) In general.--The Director of the Office of Personnel
Management shall submit to the Comptroller General and the
appropriate committees of Congress a report evaluating the
extent to which each agency is in compliance with this
chapter with respect to the period covered by the report, and
shall include in the report an evaluation of each of the
following:
``(A) The degree of participation by employees of the
agency in teleworking during the period. In the case of an
agency which is an Executive department, the evaluation will
include the degree of participation by employees of each
component within the department, including--
``(i) the total number of employees in the agency;
``(ii) the number and percentage of such employees who are
eligible to telework; and
``(iii) the number and percentage of such employees who do
telework, broken down by the number and percentage who
telework 3 or more days per week, one or two days per week,
and less frequently than one day per week.
``(B) The method the agency uses to gather data on telework
and the techniques used to verify and validate such data.
``(C) Whether the total number of employees who telework is
at least 10% higher or lower than the number who teleworked
during the previous reporting period and the reasons
identified for any such change.
``(D) The agency's goal for increasing the number of
employees who telework in the next reporting period.
``(E) The extent to which the agency met the goal described
in subparagraph (D) for its previous report, and, if the
agency failed to meet the goal, the actions the agency plans
to take to meet the goal for the next reporting period.
``(F) The best practices in agency telework programs.
``(G) In the case of an agency which is named in paragraph
(1) or (2) of section 901(b) of title 31, the extent to which
the agency incorporated telework in its continuity of
operations plans and used telework in response to
emergencies.
``(2) Minimum requirement for compliance.--For purposes of
the reports required under this subsection, the Director
shall determine that an agency is in compliance with the
requirements of this chapter if the Director finds that the
agency--
``(A) reported the requested data accurately and in a
timely manner; and
``(B) either met or exceeded the agency's established
telework goals, or provided explanations as to why the goals
were not met as well as the steps the agency is taking to
meet the goals.
``(3) Reporting period; timing.--The Director shall submit
a report under this subsection with respect to the first 1-
year period for which the regulations promulgated by the
Director under section 6503(b) are in effect and each of the
4 succeeding 1-year periods, and shall submit the report with
respect to a period not later than 6 months after the last
day of the period to which the report relates.
``(4) Exclusion of government accountability office.--The
Director shall not submit a report under this subsection with
respect to the Government Accountability Office.
``(b) Reports by Comptroller General.--
``(1) Evaluations of reports by director of OPM.--Not later
than 6 months after the Director submits a report under
subsection (a), the Comptroller General shall review the
report and submit a report to the appropriate committees of
Congress. The report shall evaluate the compliance of the
Office of Personnel Management and agencies with this chapter
and address the overall progress of agencies in carrying out
this chapter, and shall include such other information and
recommendations as the Comptroller General considers
appropriate.

[[Page H5579]]

``(2) Reports on government accountability office.--The
Comptroller General shall submit a report with respect to the
Government Accountability Office in the same manner and in
accordance with the same requirements applicable to a report
submitted by the Director with respect to any other agency
under subsection (a).
``(c) Appropriate Committees of Congress Defined.--In this
section, the term `appropriate committees of Congress'
means--
``(1) the Committee on Oversight and Government Reform of
the House of Representatives; and
``(2) the Committee on Homeland Security and Governmental
Affairs of the Senate.''.
(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
``designate a Telework Managing Officer or designate the
Chief Human Capital Officer or other career employee to be''.

SEC. 3. POLICY GUIDANCE.

Not later than the expiration of the 120-day period which
begins on the date of the enactment of this Act, the Director
of the Office of Management and Budget shall issue policy
guidance requiring each Executive agency (as such term is
defined in section 105 of title 5, United States Code), when
purchasing computer systems, to purchase computer systems
that enable and support telework, unless the head of the
agency determines that there is a mission-specific reason not
to do so.

SEC. 4. AUTHORITY FOR TELEWORK TRAVEL EXPENSE TEST PROGRAMS.

(a) In General.--Subchapter I of chapter 57 of title 5,
United States Code, is amended by adding at the end the
following:

``Sec. 5711. Authority for telework travel expense test
programs

``(a)(1) Notwithstanding any other provision of this
subchapter, under a test program which the Administrator of
General Services determines to be in the interest of the
Government and approves, an employing agency may pay through
the proper disbursing official any necessary travel expenses
in lieu of any payment otherwise authorized or required under
this subchapter for employees participating in a telework
program. Under an approved test program, an agency may
provide an employee with the option to waive any payment
authorized or required under this subchapter. An agency shall
include in any request to the Administrator for approval of
such a test program an analysis of the expected costs and
benefits and a set of criteria for evaluating the
effectiveness of the program.
``(2) Any test program operated under this section shall be
designed to enhance cost savings or other efficiencies that
accrue to the Government.
``(3) Under any test program operated under this section,
if an agency employee voluntarily relocates from the pre-
existing duty station of that employee, the Administrator may
authorize the employing agency to establish a reasonable
maximum number of occasional visits to the pre-existing duty
station before that employee is eligible for payment of any
accrued travel expenses by that agency.
``(4) Nothing in this section is intended to limit the
authority of any agency to conduct test programs.
``(b) The Administrator shall transmit a description of any
test program approved by the Administrator under this
section, and the rationale for approval, to the appropriate
committees of the Congress at least 30 days before the
effective date of the program.
``(c)(1) An agency authorized to conduct a test program
under this section shall provide to the Administrator, the
Telework Managing Officer of that agency, and the appropriate
committees of Congress a report on the results of the program
not later than 3 months after completion of the program.
``(2) The results in a report described under paragraph (1)
may include--
``(A) the number of visits an employee makes to the pre-
existing duty station of that employee;
``(B) the travel expenses paid by the agency;
``(C) the travel expenses paid by the employee; or
``(D) any other information the agency determines useful to
aid the Administrator, Telework Managing Officer, and
Congress in understanding the test program and the impact of
the program.
``(d) No more than 10 test programs under this section may
be conducted simultaneously.
``(e) The authority to conduct test programs under this
section shall expire 7 years after the date of the enactment
of the Telework Improvements Act of 2010.
``(f) In this section, 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.''.
(b) Clerical Amendment.--The table of sections for
subchapter I of chapter 57 of title 5, United States Code, is
amended by adding at the end the following:

``Sec. 5711 Authority for telework travel expense test programs.''.

SEC. 5. TELEWORK RESEARCH.

(a) Research by OPM on Telework.--The Director of the
Office of Personnel Management shall--
(1) conduct studies on the utilization of telework by
public and private sector entities that identify best
practices and recommendations for the Federal government;
(2) review the outcomes associated with an increase in
telework, including the effects of telework on energy
consumption, the environment, job creation and availability,
urban transportation patterns, and the ability to anticipate
the dispersal of work during periods of emergency; and
(3) make any studies or reviews performed under this
subsection available to the public.
(b) Use of Contract To Carry Out Research.--The Director of
the Office of Personnel Management may carry out subsection
(a) pursuant to a contract entered into by the Director using
competitive procedures.

The SPEAKER pro tempore. The gentleman from Massachusetts (Mr. Lynch)
and the gentleman from California (Mr. Issa) each will control 30
minutes.
The Chair recognizes the gentleman from Massachusetts.
Mr. LYNCH. Madam Speaker, I yield myself 3 minutes.
Madam Speaker, as chairman of the House subcommittee with
jurisdiction over the Federal workforce, postal service, and the
District of Columbia, I'm pleased to offer H.R. 1722 for consideration.
This legislation seeks to improve and expand access to telework for
Federal employees in the executive branch.
The bipartisan measure before us today was introduced by Congressman
John Sarbanes of Maryland, along with myself and Representatives Frank
Wolf, Gerry Connolly of Virginia, Jim Moran of Virginia, Dutch
Ruppersberger of Maryland, and Danny Davis of Illinois back in March
2009. The bill was then amended and ordered reported favorably by our
subcommittee on March 24, and again shortly thereafter by the Oversight
and Government Reform Committee on April 14, 2010.

{time} 1350

Madam Speaker, despite the evolving nature of the way the Federal
Government conducts its affairs, telework, which allows an employee to
regularly perform work from a remote location other than their usual
workplace, continues to be underutilized by Federal agencies.
Experience has consistently demonstrated that the private and public
sector employers who utilize telework experience increased productivity
and retention rates. More specifically, the U.S. Patent and Trademark
Office and the Defense Information Systems Agency have successfully
used telework programs, which shows potentially how telework can
transform and enhance agencies' customer service offerings for our
citizens and do so with greater efficiency and lower costs.
H.R. 1722 provides for improvements to increase the number of Federal
employees that participate in telework programs by requiring agencies
to develop comprehensive telework policies within 1 year that allow
authorized employees to telework and by directing the Office of
Personnel Management to develop regulations on overall telework
policies and to annually evaluate agency telework programs.
H.R. 1722 also seeks to elevate the importance of incorporating
telework into the continuity of operations planning for our Federal
agencies. For example, Office of Personnel Management Director John
Berry estimated that the use of telework reduced the estimated cost of
lost productivity during the recent snowstorms this past winter in the
District of Columbia by approximately $30 million per day.
I urge my colleagues on both sides of the aisle to vote in favor of
moving telework forward by passing H.R. 1722, the Telework Improvement
Act. This legislation has long enjoyed bipartisan support in the
Oversight Committee and in the House over several Congresses and will
help ensure the government operates more efficiently and effectively as
a modern-day employer.
With that, I reserve the balance of my time.
Mr. ISSA. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise with serious concerns with H.R. 1722, the
Telework Improvement Act. This began as a bipartisan bill, and if our
one opportunity, a motion to recommit, is passed, it will have an
opportunity to end as a bipartisan bill. There is no

[[Page H5580]]

question in my mind that telework is the future. It, in fact, is the
present. Virtually every Member of Congress has remote access.
Virtually every Member of Congress and many of their staff carry
BlackBerrys and use other tools so that we can work here and around the
world. It would be just about impossible for a Member of Congress and
their key staff to bounce back and forth between their far-away
districts, here on the Hill, and various meetings if we didn't have the
ability to be portable in our information access. So we are not here to
talk about telework as though it is a bad thing, because it can be an
extremely effective tool.
We do have concerns. One of our specific concerns in the underlying
legislation is, at a time in which we're borrowing nearly 40 percent of
the operating cash of our government--put in another way, once you get
past entitlements, everything we spend is borrowed--it would seem
ridiculous that something that can save money, that is argued to save
money, in fact, is not required to be at least neutral in its
expenditure. This bill is expected to cost millions of dollars per year
and, like most government estimates, is likely to cost far more than
that if it's expanded to its logical conclusion.
So, Madam Speaker, it is my hope that as we begin offering what we
were not allowed to offer under the rule, which would be any amendments
that would curtail the millions of dollars in costs over 5 years or to
deal with the reality that if you're going to claim that you can save
the construction of office buildings, you should be required to show
that you are saving it. If you claim that you are going to be more
efficient by not having a commute time, you should at least be required
to show it. Additionally, we are very concerned that recent discoveries
have shown that there are vulnerabilities which have not been properly
cared for in this bill. The bill authorizes it but does not require it.
I am, however, pleased that in a number of areas, the majority has
made improvements and has taken many suggestions. The committee did
work, as you would expect us to, in favor of the efficiency and
effectiveness of the Federal workforce in getting this bill as far as
we could go. It is my sincere hope that one and only one opportunity to
further amend would be accepted and that this will be a broadly
bipartisan bill at the end.
I reserve the balance of my time.
Mr. LYNCH. I thank the gentleman for his remarks.

General Leave

Mr. LYNCH. For the record, Madam Speaker, I ask unanimous consent
that all Members may have 5 legislative days within which to revise and
extend their remarks with respect to H.R. 1722.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
Mr. LYNCH. I would now like to yield 5 minutes to the lead sponsor of
this measure, Mr. Sarbanes of Maryland.
Mr. SARBANES. I thank the gentleman for yielding, and I want to thank
him for his work in shepherding this through the process of bringing it
to the House floor.
Madam Speaker, I am delighted that we are going to be voting today on
the Telework Improvements Act of 2010, a bill that I introduced some
time ago with bipartisan cosponsorship. And I want to acknowledge
Congresswoman Norton, who is here, Congressman Davis, Congressman
Connolly, Jim Moran of Virginia, and other cosponsors.
I do also want to salute the fact that we had bipartisan support for
this from the outset--Congressman Wittman, Shelley Moore Capito and, of
course, Frank Wolf, who has really been a leader on this issue from the
get-go. He was working on telework before I even came to Congress and
understood what a valuable contribution telework could make to our
Federal workforce and its productivity.
What this bill will do is expand the Federal telework policy, which
was begun in a nascent way. There was just a survey done that indicated
about 10 percent of the Federal workforce is now teleworking at least 1
day a week, but it can take that up to the next level by establishing a
policy across our Federal agencies that promote telework and make it
clear to employees how they can go about taking advantage of that
opportunity. It would instruct the Office of Personnel Management to
develop telework regulations, a uniform governmentwide telework policy
for Federal employees. And that's important because, if you look at the
different agencies, some of them have been very successful in pushing
telework forward. Others have not been as attentive to it.
What this is going to do is it's going to establish an expectation to
cut across our Federal workforce and encourage this opportunity.
Critical to that is to designate a telework managing officer within
each agency who takes responsibility, who has accountability for making
sure that the telework policy is being distributed broadly within that
agency, is helping to evaluate it, make sure that it's working
properly.
There will be greater access provided, as a result of this bill, to
telework training and education to more employees and supervisors. And
the Office of Personnel Management is also going to make sure, in
cooperation with the Government Accountability Office, that there's a
periodic evaluation conducted so that we can see how this telework
policy is advancing forward.
So these are some of the key elements of the bill that is on the
floor today. I'm appreciative that Congressman Issa recognizes the
inherent value of pursuing telework. And as I said, we did have
bipartisan support at every step along the way.
Why is it important to do teleworking? I would say this is a win
times five when you look at. First of all, it's going to help the
Federal workforce recruit better out in the market. The private sector
is doing this, and they're recruiting people, using this as an
opportunity for more flexible work arrangements. The Federal workforce
should be doing the same thing.
It will help to improve productivity and morale among the workforce.
Those agencies that have taken full advantage of teleworking have shown
that productivity has been enhanced within their agency.

{time} 1400

And, frankly, it leads to more of a culture of looking at performance
and delivery of important functions in the workplace, so that you're
seeing that productivity rise, not just among those who are
teleworking, but across an entire agency where teleworking is being
implemented in a meaningful way.
At one point in the evolution of this legislation, we actually were
going to attach it to an energy bill because it will have the effect of
reducing the carbon footprint of the Federal Government. People won't
need to be in their cars as much going back and forth to work if they
can take advantage of teleworking opportunities to some extent. So
that's a third win here.
A fourth win, very important, is the continuity of operations. We've
seen situations where the Federal Government may be forced to shut
down. If you've got telework in place, you can continue to run the
operations of these agencies, even in that situation. And the best
example of this we had this past winter was when we had a snowstorm
that shut down the Federal Government, except 30 percent of the work
force was able to engage in their operations.
Mr. ISSA. Madam Speaker, I yield 5 minutes to the gentleman from
Virginia (Mr. Wolf), one of the cosponsors of the bill.
(Mr. WOLF asked and was given permission to revise and extend his
remarks.)
Mr. WOLF. Madam Speaker, I rise in strong support of the bill. But
let me just say, Mr. Issa said that the Republicans wanted to be part
of this. And I think we've got to start doing things in this
institution in a bipartisan way. Quite frankly, I skimmed the motion to
recommit, and it looks like it's pretty good. So the more we can kind
of work together, the better, the better it will be for all of us. And
so I appreciate the gentleman giving me this time.
I've been involved in this issue for a number of years. IBM--in fact,
many times I hear Members on both sides say we should be more like the
private sector. IBM has 115,000 employees every day teleworking. And if
you want the government to be like the private sector, allow the
Federal employees to do

[[Page H5581]]

the same. And it saves them roughly $450 million a year.
There's nothing magic about strapping yourselves into a metal box and
driving 25 and 35 miles a day to a place and sitting before a laptop
when you can do it at home.
Simon and Garfunkel, in the song called ``The Boxer,'' says: ``Man
hears what he wants to hear and disregards the rest.'' This Congress on
both sides many times only hears what it wants to hear and more often
than not disregards the rest.
Let me tell you, 9/11, if you were here on 9/11, nothing worked. If
you couldn't have teleworked, or if we had more telework, we could have
had a continuity of government. The government shut down. It shut down.
Would you rather have somebody not working at home and getting paid or
working?
Secondly, the earthquake in California, the so-called World Series
earthquake. Do you remember that? Norm Mineta was Secretary of
Transportation. That's when telework really took off, because had they
had to go into work, the people of California wouldn't have had
highways. They wouldn't have been able to get search and rescue people
there.
Continuity of government. Hurricanes. Has anyone ever heard of
Katrina?
You want to shut down the government in the South, Louisiana and
Texas, and say go home and we'll pay you? Or do you want them to
telework at home, where they can do, where they can get and connect to
a Veterans Administration, someone's who's having a difficult problem,
maybe some who has prostate cancer: How can I connect? How can I get my
treatment?
Telework. Telework makes all the difference in a tornado. As
tornadoes hit and destroy, telework gives you that ability to do it.
Continuity of government, saving money. So man hears what he wants to
hear. But what you're disregarding, this is important. This is a good
``yes'' vote for continuity of government. This a good ``yes'' vote so
you can serve your constituents. This is a good ``yes'' vote if you
really want to save money. The vote to save money today, the vote that
will save money will be the vote for this bill.
I want to thank, again, Mr. Issa. And I would urge you, Mr. Chairman,
if you can take--I think the motion to recommit has a lot of good
things. But I think it's more important that we come together and find
some things that we can come together and work in a bipartisan way.
But for continuity of government and to save money, I ask for a
``yea'' vote on this bill.
Mr. LYNCH. Mr. Speaker, I yield 3 minutes to the gentleman from New
York (Mr. Towns), the full committee chairman, energetic and wise
chairman of the Oversight Committee.
Mr. TOWNS. Let me thank you, Mr. Lynch, for the hard work that you
have done on this bill.
And let me begin by saying to the other side, I hope we're talking
about the same legislation here, because in the committee, the only--as
I remember very vividly--the only amendment that was offered was
accepted. We accepted the amendment. And of course, the committee voice
voted the legislation out.
Now I hear about this motion to recommit. And I understand working
together. I do believe in that, and I think you accomplish a whole lot
more when you do that.
But the point is, we have not even seen the motion to recommit. So,
therefore, you're talking about working together and sharing
information but, at the same time, you're withholding information.
That, to me, I find very, very strange.
This is a committee that would welcome ideas and suggestions. But the
point is that we can't go through a whole process and then, at the end
of the process, you complain about the fact that I did not have an
opportunity.
I want you to know that we recognize the importance of amendments,
and if they strengthened the legislation we would have accepted it.
So I want to thank all the folks that worked on this. And it seems
hard, I understand now, to imagine with the sweltering summer heat that
has arrived, but during February's record-breaking snowstorm, the
Federal Government in the D.C. area shut down for nearly an entire work
week. We now have almost forgotten that. The government's lost
productivity was significantly reduced because so many employees were
not able to get to work. After the storm, OPM Director John Berry
reported that the government saved approximately $30 million--and I
repeat that--saved almost $30 million a day in the productivity costs
because of the growing number of teleworking employees. H.R. 1722 will
help the government do even better. And I think that we should not lose
sight of that.
The legislation builds on the government's current telework
capability and will strengthen it by requiring the head of each agency
to establish a telework policy. The legislation also holds agencies
accountable for successful implementation of their telework policy.
I should note that similar bipartisan legislation sponsored by
Senator Daniel Akaka and, of course, George Voinovich, passed the
United States Senate by unanimous consent as well.
I am pleased to offer my support for this bipartisan, good-government
bill that will save the taxpayers money while reducing energy
consumption, air pollution, and traffic congestion. It will promote
more flexibility for Federal employees and allow the government to
attract top talent from every State and every district in the country.
This is win-win-win legislation. I urge all Members to support the
bill.
And of course I say to my colleagues, let's move forward. Let's not
look back. Let's move forward. We know what we need to do.
And of course, again, let me say that any amendment that was offered
was accepted.

{time} 1410

Mr. ISSA. Mr. Speaker, I yield 4 minutes to the gentleman from
Virginia (Mr. Wittman).
Mr. WITTMAN. Mr. Speaker, I would like to thank Ranking Member Issa
for his great work on this bill. I appreciate your words and
Congressman Wolf's words concerning the things that we need to do.
Telework is a nonpartisan issue. It just make sense. It's how do we
create efficiencies? And these days we want to be able to do more with
less in what is definitely a resource-challenged environment.
Despite the fact there are numerous benefits of teleworking, such as
reduced traffic congestion and reduced energy consumption, cost
savings, competitive hiring and retention, and emergency preparedness,
as we saw during the snowstorm, many Federal agencies continue to
underutilize telework. And this bill is going to help ensure that
Federal employees who are eligible to telework are able to do so
without diminishing agency operations and performance.
Under this legislation, Federal employees handling classified
information, though, would not be eligible to telework. And folks,
that's a group of people that we are missing out on. There's a great
opportunity there to bring those folks that work in secure networks to
the table to participate in telework. And I offered an amendment that
was rejected by the Rules Committee that would have required the Office
of Personnel Management to report on the status of any programs for
teleworking by Federal employees whose primary duties require access to
secure networks, and to identify at least two sites for a possible
teleworking pilot program. And I look forward in the future to working
with my colleagues to further explore the potential for secure
teleworking.
We all know in this region there are a number of agencies that have
their employees working on secure networks. We ought to make sure we
are looking at bringing those folks in. We saw during the snowstorm $30
million of efficiency we picked up during that period of time. So this
truly is a nonpartisan issue of looking at increased efficiencies. We
ought to be looking across the board at all the ways that we can lift
telework up, make it available for every different aspect of Federal
work operations to make sure we are doing all we can to increase
efficiencies, folks. And this is entirely possible.
We have had conversations with folks within the agencies. They are
ready, willing, and able to pursue this. We need to give them the
mechanism to get this done. The desire is there. The need is there.
Whenever we match

[[Page H5582]]

those two together, we have the ability to get this done. So again,
this is a nonpartisan issue. I urge all of my colleagues to vote in
favor of this, and let this be the first step to making sure we have
telework as an opportunity for the entire Federal workforce.
Mr. LYNCH. Mr. Speaker, I want to thank the gentleman from Virginia
for his thoughtful comments.
At this time I yield 1 minute to our distinguished majority leader,
Mr. Hoyer.
Mr. HOYER. I thank the gentleman for yielding.
I want to thank Mr. Lynch and certainly my colleague from Maryland,
Congressman Sarbanes, for his leadership and for his efforts on this
bill. I also want to thank those members of the subcommittee and Mr.
Issa for facilitating this bill coming to the floor.
I have been working on this issue along with Frank Wolf for a very
long time, indeed over two decades. Congressman Wolf and I, Congressman
Wolf from Virginia, a Republican, and myself served on the Treasury and
Postal Committee, which is now called the Financial Services
Subcommittee of the Appropriations Committee. That committee many, many
years ago, and interesting enough John Berry, who is now the director
of the Office of Personnel Management, was on my staff at that point in
time. And we worked on this issue of telework, which makes so much
sense for so many reasons. It saves gas. That's an important issue. It
helps the environment in doing so. Reduces road congestion, lowers
commuting costs for all drivers, helps employees balance work and
family, and saves employers money.
Now, let me speak about the family aspect of this. Think to yourself
the average commuter certainly in the Washington metropolitan area
spends some 35 minutes on the road. If you are in my district, you
spend 45 minutes to an hour on the road. Mr. Connolly is shaking his
head. Many of his constituents do the same. The gentleman from Virginia
is in the same aspect. Think of that time that is not necessarily very
productive, but could be family time. And a less stressed-out worker
could be performing their services, when now we deal with so much work
being done from a technology aspect where you don't need to be at a
given site. That is what this legislation seeks to enhance.
And again, I congratulate Mr. Sarbanes from my State for his
leadership and for the bipartisan leadership. It would bring
flexibility to 21st-century Federal workers by creating guidelines for
increased teleworking, or telecommuting as some call it.
With today's technology, many employees perform at least some of
their work, and indeed some all of their work, functions at their homes
or at an alternate worksite closer to their homes, eliminating or
reducing the need to commute. That's what the gentleman from Virginia
was talking about in terms of a secure site, which could be--we had one
in Prince Frederick. We have one at the community college in Waldorf,
Maryland. I don't know whether they are secure sites. I think they are
not. But a secure site for a group of employees who need such a secure
site closer to their home effects all of the same kinds of efficiencies
that I have talked about.
That's why this bill is such an important encouragement to the
Federal Government, one of the world's largest employers, to effect
this efficiency. It is also I think a lesson that we have learned from
the private sector, many of whom telecommute or telework. Many
insurance agencies, when you call your insurance agent for information,
you have no idea where they are sitting, and don't care. All you want
to know is that they respond to the question you have and can access
the information you need, which of course they can do on their
computer. So this is a very effective, efficient, family friendly,
environmentally friendly action for us to take.
I commend Mr. Sarbanes, Mr. Lynch and the committee for their
leadership on this, and I commend Mr. Issa as well for his leadership.
Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.
The chairman and the majority leader both make good points, and I
would like to address them for just a moment. The chairman, who I have
had a good working relationship with, made the point that this passed
out of committee without anything left unresolved. And to a certain
extent I would agree with him. Except of course we didn't have a score
on this. We never do. We didn't know what this bill was going to cost.
And when we discovered that this was going to cost millions of dollars
every year, we made it clear before the last round of a request for a
vote that we would have to find an offset or we would have to modify
the bill to ensure that it would not cause the taxpayers to look at
this as simply a perk for government.
Because ultimately we can talk about morale, but the Federal
workforce makes on the average $60,000 more than their private-sector
counterparts. So morale should already be good in an organization the
size of the government that has added a quarter of a million new
workers since we went into a recession.
There is no question that telework can justify this if it's done
properly. Our amendment is going to seek, our one motion to recommit--
we weren't allowed any amendments--to try to at least trim around the
edges to have our Members be able to go home and say of course we
supported telework, but we made sure there were some safeguards of the
American people's money.
The amendments that we tried to offer to what was known in advance to
be a closed rule, a please do not suggest, create a process problem
that I hope, Mr. Speaker, that you will be sensitive, along with the
American people, to. Our committee has 40 or so members. That's roughly
one-tenth of the Congress. So 9 out of 10 Members of the House never
get an opportunity to be there. As a matter of fact, including the
Delegates, it works out just exactly as 10 percent. So 400 people
didn't have input when we were working this through committee.
Some may have noticed the bill, but as the majority leader said, he
has been working on this for 20 years. Who would have thought it would
come to the floor now? So can we as a body deny the process of 400
people, 400 voters, if you will, or representatives of voters,
including yourself, Mr. Speaker? How can we deny you the ability to
look at something when it's going to become a bill on the floor and
offer constructive amendments?
The process of the Rules Committee is supposed to deal with
germaneness. It's supposed to deal with whether or not your amendment
is properly written, whether it seeks to amend a portion of the bill
allowed to be amended. That's not the way it is here in the House right
now. We had amendments perfectly allowable, and they simply were ruled
out because you could. So we will use our one opportunity, our motion
to recommit. We trust that we have written it properly, and that it
will be found to be in order. And we trust that both sides will see
that it is modest, it's moderate, it's intended simply to deal with
cost and other concerns in the bill.
There is no killer in this bill. There's nothing the American people
would not be happy with in this bill the way it is. And there is
nothing they will be unhappy with if the motion to recommit passes. We
structured it that way. We would like to have something that started
off as bipartisan end as bipartisan.
Mr. Speaker, I truly believe we are going to have that opportunity. I
would hope that everyone in this body will view it that way, look at it
carefully, come to the same conclusion, and we will leave here today on
a bipartisan basis.
I reserve the balance of my time.
Mr. LYNCH. Mr. Speaker, I just want to ask for a clarification, did
the gentleman say that the Federal employees make an average of $60,000
more than their counterparts?
Mr. ISSA. If the gentleman would yield, that's correct.
I'm sorry, Mr. Chairman. It's pay and benefits.

{time} 1420

Mr. LYNCH. Sixty thousand dollars more.
Mr. ISSA. At $175,000, one Congressman to another, yes. The typical
American making $35,000 or $40,000 understands we make a lot more.
Mr. LYNCH. The typical Federal employee makes $60,000 more?
Mr. ISSA. In pay and benefits.
Mr. LYNCH. If the gentleman would produce some type of--that fact's
not

[[Page H5583]]

in evidence at all. I'm sure that we have kids that are working for
$30,000, $40,000 a year. How are they making $60,000 more than their
counterparts?
Mr. ISSA. Even though it's not germane to today, I'll be glad to make
that available to the gentleman.
Mr. LYNCH. Mr. Speaker, at this time I yield 5 minutes to the
gentlelady, Congresswoman Eleanor Holmes Norton, from the District of
Columbia.
Ms. NORTON. I thank the gentleman from Massachusetts for yielding,
but I particularly thank him for his leadership on many issues in our
subcommittee, not the least of which is this issue which he has
shepherded to the floor so rapidly. And I certainly want to thank Mr.
Sarbanes, add my kudos to those he's already heard from the leadership,
what he has shown when he was a member of our subcommittee.
Mr. Speaker, this bill does nothing more than give us a presumption
in favor of teleworking, and I believe that's the most important thing
the bill does. You have heard we have been doing something called
teleworking for decades, but that was whatever agency chose to move
forward, whatever employees chose to participate.
I can't imagine what the ranking member is talking about when he says
millions of dollars this is going to cost the Federal Government. Mr.
Wolf, from his side, essentially rebutted that by getting up and
talking about how much money it saved and citing examples.
Let me cite an example of something that is almost intuitive. I had
occasion to speak to a practitioner, small practitioner, and he was
glowing about how his practice has, in fact, developed and expanded. He
didn't have to have an office anymore. He has a tiny hole on Tenth
Street, and he's got about 15 lawyers working out of their homes.
In a real sense, the Federal Government is behind. There is no case
to be made that when you allow people to work at home, you somehow are
costing the government more money. Perhaps it costs a few dollars in
administrative costs, transaction costs to set up the system, but
anybody from the private sector hearing a Federal official get up and
say, ``Oh, we're going to teleworking and boy is that going to cost us
an arm and a leg'' will scratch his head and say, ``What is he talking
about? Don't they know this is one of the first and most important
things the private sector has done, invested money in doing, precisely
to save money?'' They look at the bottom line. That's the conclusion
they reached long before today.
When I speak of the presumption in favor of telework, notice that an
agency has a 20 percent goal every 2 weeks of doing telework. We
wouldn't have set that goal if they were already doing it. And the fact
that you have to do it gives us a some uniformity across the
government, and with the appropriate exceptions allows many, many
workers, many, many employees to buy into what has now become
essentially a workforce practice everywhere with a workforce as large
as ours.
The bill, it's very careful. Managers are going to have to be
trained. Many are old-school managers. They do not know perhaps as well
do I feel instinctively as at home with employees under their
supervision who telework. They're going to have to learn how it's done.
And importantly, teleworking, as opposed to coming in, does not affect
your job performance evaluation. So people are not going to have to
think, if I'm in the boss's face for 8 or 9 hours a day, I've got to do
better than this mother who is at home and producing as much work as I
do.
Continuitive operations has been talked about here.
Post 9/11, the closest thing we have even had to continuity of
operations is the kind of teleworking that goes on anyway in the
Federal Government. Everybody in the Federal Government at certain
levels does teleworking. They take their work home. Employees have been
voting with their feet. Managers have been allowing them to vote with
their feet and take the work home.
The flexibility, we cannot say enough about the flexibility. We're in
an era where fathers and mothers feel responsibility for their children
and where, because they are adept at technology, they are able to get
as much done and more done. They're doing it at home rather than
spending what in this region could easily be an hour or so back and
forth each way.
Everybody teleworked in the snowstorm. There weren't a lot of people
just sitting at home. We are doing it anyway. We are just not doing it
systematically. We are doing it episodically. Doing it that way, we
are, in fact, wasting money. Let's, in fact, save money by making sure
that as many as are capable are doing what they can given the new
technology.
Mr. ISSA. Mr. Speaker, I note the gentlelady acts as though already
everybody teleworks. It's very clear that the people who were able to
telework, that, quote, saved us $30 million during that snowstorm, were
the people who have redundant activities, for the most part, people who
had a duplicate computer, duplicate capacity. That costs money. That is
an item that we simply want to make sure is cost justified.
You know, many people on the other side of the aisle, including the
next speaker, have talked about the private sector. Well, I, for one,
came from the private sector, and I very much understand that we do a
cost benefit.
The previous speaker talked about insurance salesmen. You don't care
where they are. That's right. An insurance salesman is usually a
commission person. It's somebody who's very accountable for their pay
because it's earned and justified against revenue. More importantly,
even their package of perks is figured into that.
So, in the private sector, if somebody costs, if you will, $190,000
dollars--or as the average Federal worker costs, nonuniformed, $119,000
per worker versus $59,000 in the private sector--in the private sector
they know what their sales or revenues or profits are relative to that
cost. In the public sector, we don't.
All we're seeking to do, all we're talking about here today is we
want telework to be used and rolled out extensively where it can be at
least revenue or cost-neutral relative to alternatives of bringing
people in. That's all we're asking for. We believe it's reasonable.
I reserve the balance of my time.
Mr. LYNCH. Mr. Speaker, I do want to note that we do have one study
here that I think is probably the most extensive one done on comparing
private sector jobs to Federal jobs, and that is by the Bureau of Labor
Statistics, and they compared occupation to occupation. They took an
engineer in private sector versus an engineer working for the Federal
Government, and they have reported that Federal employees are paid 22
percent less than their private sector counterparts.
At this point, I yield 5 minutes to an energetic and diligent member
of our subcommittee, the gentleman from Virginia (Mr. Connolly).
Mr. CONNOLLY of Virginia. Mr. Speaker, I thank my good friend and
colleague from Massachusetts (Mr. Lynch) for his outstanding leadership
on this and so many other issues on the Oversight and Government Reform
Committee. I also thank the ranking member, Mr. Issa, for his
friendship and his leadership on our committee as well.

{time} 1430

I particularly want to thank my colleague from Virginia (Mr. Wolf)
who's been a long-time leader in telework, and my colleague and friend
from Maryland (Mr. Sarbanes) for his leadership on this legislation.
Without that leadership, we wouldn't be here today and relief wouldn't
be on the way to our Federal workforce and hard-pressed commuters in
the national capital region.
Mr. Speaker, before I came to Congress, I represented a major
jurisdiction in the national capital region, Fairfax County, for 14
years, the last five being its chairman; and I, like Mr. Issa, came
from the private sector. I spent the last 20 years of my career before
coming here working for a number of information technology companies,
and I saw firsthand the value of telework in the private sector.
One of the major employers in my district, for example, is AT&T. I
went and visited a major facility they have in my district. Thirty-
three percent of their workforce teleworks regularly, 33 percent; and
their estimated cost savings in terms of reduced absenteeism is $2,000
per employee. So, if we took that kind of statistic and superimposed it

[[Page H5584]]

on the Federal workforce, we would obviously save a lot more than
whatever the implementation costs of this bill might be.
I believe, like my colleagues who have spoken before, this is
critical. This is critical for Federal operations. Every Federal agency
now needs to have a continuity of operations plan in place; and in the
national capital region, tragically, that is underscored.
Frank Wolf, my colleague from Virginia, talked about 9/11. He was
here in Congress while I was a supervisor in Fairfax County. My office
was in the fire station, Fire Station 30 in Merrifield, and my men and
women in that fire station were backup to the Arlington Fire Department
at the Pentagon the day it was attacked, the second worst terrorist
attack in American history. And I saw what they went through, and I
know what happened to this region that day. A continuity of operations
plan, if we needed a reminder, a tragic reminder, of how critical that
is to our national security, 9/11 was it.
Subsequently, we've had lots of natural events here in the national
capital region that have further reminded us of how important it is
that the largest single employer in our region, the Federal Government,
have a vigorous telework program in place because, without that, there
is no continuity of operations plan of any meaning.
So for national security reasons and in service to the taxpayers we
serve through the Federal agencies, we must have a vigorous telework
program in place.
In the national capital region, if we could reach 20 percent of our
daily commuters of 2.5 million people teleworking at least 1 day a
week, we could take 4 to 6 percent of the cars off the road every day,
improving air quality, improving congestion, and improving
productivity. The Federal Government being the largest employer has a
special responsibility. I mentioned AT&T has 33 percent teleworking in
its workforce. The average in the Federal Government ranges from 6 to
10 percent, far below what the private sector is, in fact, doing. We
can and must do better. The Federal workforce lends itself to telework
in some ways that are unique to the Federal workforce, and we know the
benefits.
We've heard some arguments here that only 10 percent of the Congress
sits in the Oversight and Government Reform Committee, and, therefore,
we need more time to make sure that we can examine this legislation and
its costs. I will argue there are no net costs to this bill. I would
argue that this bill has been scored before in many incarnations, in
legislation that was before the previous Congress and voted on, in
legislation in the other body. So it's not like we didn't know, and we
know that the productivity gains and savings are considerable but more
than wipe out any potential implementation costs. Whatever costs there
are can and will be absorbed by the implementing Federal agencies, and
we know that. That ought not to be an excuse for inaction.
This is something that can bring us together on a bipartisan basis. I
do find it a little ironic, however, to hear about the need to come
together and maybe we can use the motion to recommit to do that when
our side of the aisle has not seen the motion to recommit, and
obviously we can't buy something in the hopes that it's going to do
something positive, and I would urge my colleagues to share the motion
to recommit so that perhaps we can come to common ground on that.
But at the end of the day, this legislation is critical to the future
workforce of the Federal Government and, frankly, for the national
security of the national capital region.
Mr. ISSA. Mr. Speaker, I yield myself just 1 minute.
Mr. Speaker, my good friend from Virginia was accurate in almost
everything he said, but the one part that I'd like to correct is we
don't need more time. We had sufficient time, once the scoring was in,
to figure out what needed to be changed among the various hundred or so
Republicans who were not on the committee, and we offered them. And the
gentleman from Virginia is not on the Rules Committee so he's not part
of that hidden hand that simply doesn't allow any dissent or any
amendments or any corrections once a decision has been made by the
majority. So, you know, I appreciate the fact he has been good to work
with and that he is not somebody who would have limited that, and we
would be happy to share all of our amendments if we had a chance of
having them ruled in.
I reserve the balance of my time.
Mr. LYNCH. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Illinois (Mr. Davis), who has been a long-time advocate
on this issue.
Mr. DAVIS of Illinois. Mr. Speaker, I rise in support of H.R. 1722,
the Telework Improvements Act. This legislation is similar to a bill I
introduced last Congress that passed the House with bipartisan support
by voice vote. Unfortunately, the Senate never acted on that bill so I
am pleased that we once again have the opportunity to move telework
legislation forward with the leadership of Representative Sarbanes.
We currently know that telework continues to be underutilized by
Federal agencies and improvements are needed to allow more Federal
employees to participate in telework programs.
Telework provides numerous benefits including increased flexibilities
for both employers and employees, continuity of operations during
emergency events--as noted by the massive snow storms that shut down
the government during February, yet saved the government an estimated
$30 million each day and decreased energy use and air pollution by
minimizing the amount of congestion on the roads.
Study after study has shown these benefits to be paramount to making
the Federal Government more efficient, productive, and prepared.
However, a top information security officer at the State Department
recently stated: ``the real national security issue is if we had
something that disrupted the ability of the Federal workforce to get to
the office, could we continue to provide the services of government? I
think you'd find that many departments and agencies would have
problems.'' This speaks to the need and importance of the passage of
this bill.

In addition, according to a survey of Patent and Trademark Office
employees, 80 percent of employees who telework report that the
flexibility of working at home has allowed them to decrease the amount
of sick leave used by at least 8 hours per year.
Since the 109th Congress, my office has aggressively participated in
the Telework program and created a more worker friendly environment for
our working families.
The attributes of teleworking alone allows greater flexibility for
these parents while increasing a better work attitude and work product.
I encourage all Members of Congress to get more involved in the
Telework program in the future as we move to make a more efficient and
productive government.
I am pleased to join Representative Sarbanes in supporting H.R. 1722.
Plus, we've heard the tremendous cost savings that exist, as well as
the anti-pollution measures that take place, but I feel very fortunate
in my office to have had individuals who have effectively used
telework, I guess to the nth degree; and it has proven to be not only
cost savings, but it also has provided them the opportunity to spend
time with young children, with their families to the extent they needed
to do. This gives us an opportunity to recruit the best and the
brightest and have them be productive. It is a great measure. I am
pleased to support it.
Mr. ISSA. Mr. Speaker, I yield myself such time as I may consume.
As I begin, my staff is bringing over to the chairman a copy of
something I am going to include in the Record from the Bureau of
Economic Analysis, Department of Commerce. The chairman may recognize
the Department of Commerce is part of the administration and part of
government.
Their assessment in 2008--and it has only become greater--is that we
have as Federal workers against average--this is not against average of
job per job but just against the working stiff, whatever they do in the
outside world versus the working stiff in government, $29,169.63 of
additional wages. What makes the huge difference the American people
don't always see is that in the private sector, a typical benefit
package is about $9,881. Well, a civilian Federal Government employee
has a benefit package on the average worth about $40,784 or $30,900
more.
So, Mr. Speaker, we do have the Department of Commerce currently,
during the Obama administration, telling us very clearly--not that
engineer versus engineer. I appreciate the way

[[Page H5585]]

you can match up various jobs, but the Federal workforce is a highly
skilled and highly paid workforce, and we should understand that if we
are going to have telework go greater and greater--and I approve of it
doing it--we have two reasons to do it.
One is continuity of government, and sometimes continuity of
government can cost more. It can be for redundant computers, redundant
centers and so on, no question at all. But often it is, and as it is
justified in this bill by many of the people speaking on it on both
sides of the aisle, it is also about avoiding traffic, avoiding
building new buildings, avoiding heating and air conditioning, avoiding
costs. All the minority would like to make sure is that this expansion
meets one of those requirements or the other. If it is necessity and it
costs more, fine. Of course you can have redundant facilities; but if
it is intended to be cost savings, let's make sure it's cost savings.
I reserve the balance of my time.

{time} 1440

Mr. LYNCH. Mr. Speaker, I thank the gentleman for the sheet, but I do
want to note this does not compare job-to-job, nor does it indicate
that there is anything close to a $60,000 delta between the private and
the public employee.
I yield 1 minute to the gentleman from New Jersey (Mr. Sires), who
also has been an energetic worker on this issue.
Mr. SIRES. Mr. Speaker, I rise today in strong support of H.R. 1722,
the Telework Improvements Act of 2010. This bill will modernize the
Federal Government and establish our Federal agencies as a model for
telework.
During the month of February, when snowstorms shut down D.C. and
other parts of the east coast, telework was used to keep our government
operating at an optimum level. However, according to the Office of
Personnel Management, only 56 percent of government agencies have
formally introduced telework in their continuity of operations plans.
Teleworking benefits are economic, social, and environmental. The
Congressional Budget Office scored this legislation as deficit neutral,
and telework produces savings from reduced office space as well as
increased productivity during emergencies in inclement weather.
H.R. 1722 would allow employees more flexibility and create a higher
quality of life. Also this legislation would reduce traffic congestion.
Traffic congestion costs our Nation billions of dollars in wasted fuel,
time, and productivity.
Congestion is very prevalent in my district in New Jersey, which is
just across the river from New York. However, it also is a problem that
is growing in rural areas throughout this country. Transportation
contributes nearly 28 percent of the greenhouse gasses emitted in the
United States, and teleworking can act as a tool to lower this number.
I urge my colleagues to support the passage of H.R. 1722.
Mr. ISSA. Mr. Speaker, I reserve the balance of my time.
Mr. LYNCH. Mr. Speaker, I yield 1 minute to the gentleman from
Connecticut (Mr. Himes).
Mr. HIMES. A sincere thank you to the gentleman from Massachusetts
for his leadership on this issue.
Mr. Speaker, I too rise in strong support of H.R. 1722, the Telework
Improvements Act. We have heard articulated today a set of very
powerful arguments around security, around productivity and around cost
savings for the passage of this measure.
I would like to note that I represent, like my friend from New
Jersey, a district whose economic vitality is compromised by the
commuting situation. Many of my constituents spend otherwise what could
be productive hours looking at the taillights of other cars on 95 and
on the Merritt Parkway as it runs through Connecticut.
One additional reason why the Federal Government should lead and why
we should pass this act today is that the Federal Government should
lead on telecommuting, on increasing not just its productivity, but
increasing the productivity of the private sector in places like
Connecticut, which I represent.
I am a strong backer of the Telecommuter Tax Fairness Act, H.R. 2600,
and a variety of other measures that will help with telecommuting. I
appreciate the leadership, and I urge my colleagues to support and pass
this bill.
Mr. ISSA. I yield myself such time as I may consume.
Mr. Speaker, although we have 12 minutes left on our side in debate,
I don't intend to use it. I also don't intend to continue to have the
American people hear haggling on the House floor about how much one
side gets paid or another. For that reason, I will today post at
republicans.oversight.house.gov the Department of Commerce report in
sufficient detail for people to realize that $60,072.97 is roughly the
additional amount in pay and benefits that Federal employees receive
than the average private sector.
But the interesting thing about the Federal workforce versus the
gentleman who was talking about commuting from Bridgeport and other
parts in his State, is they are not laid off. They are not suffering.
As a matter of fact, they have been net-hired. The growth that has
occurred over the last 2 years has been in government. The pay
increases have been in government. The benefit increases have been in
government.
Now, we are not talking about telework as a benefit, although some
speakers have talked about family time because you can telework and so
on. We are talking about telework for one of two reasons that are
justified, and Republicans will today, I hope, vote for the motion to
recommit and then vote for final passage, because it either is part of
the job of government, the sustainability, the continuity of
government, and we want to make sure we use telework in order to
advance that, or remote access, if you will, or it saves the taxpayers
dollars.
If someone doesn't drive for an hour and they work an hour more
remotely, that is a good thing. But if we are simply improving quality
of life, having redundant computers at a cost of several thousand
dollars plus several more thousand dollars in maintenance and overhead
and renewal and software support, Mr. Speaker, we are not doing what
the American people expect us to do.
The American people expect us to start being safeguarders of their
precious money, which isn't even current but the money we are going to
have to take from them in the future to pay back what we are borrowing
today.
If we don't start counting the pennies, the nickles and the dollars
and make sure they are well spent, then it is very clear we will never
get to any kind of an affordable government, a balanced budget, and
there will be an inevitably that the United States will look too much
like Greece and not enough like the country that we were so proud of
this past Fourth of July.
We have a great tradition, a tradition of small government and large
private sector. Mr. Speaker, I want to make sure that our government
works more efficiently so we can have a smaller government that meets
the basic requirements, not that we simply expand government with one
after another programs.
With that, I fully expect that we will make this bill better, that we
will continue to work on telework being to the advantage of the
American taxpayer and not simply an additional item to be spent.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. LYNCH. Mr. Speaker, in closing, I again would like to express my
strong support for the passage of H.R. 1722, the Telework Improvements
Act of 2010. I would like to thank Mr. Sarbanes, our lead sponsor on
this measure which is before us today, which promotes good and common
sense governance policy which will ensure a more efficient, responsive
Federal government, especially in times of national security and
weather-related emergencies.
Moreover, H.R. 1722 will allow executive branch agencies to act more
like other 21st century employers, particularly private sector
employers, which for years have utilized and reaped the benefits of
telework in terms of increased job productivity as well as employee
moral.
I want to paraphrase the words of my Republican colleague, Mr. Wolf
of Virginia, who said that the vote for saving money and the vote for
cutting costs here is a ``yes'' vote on this measure.

[[Page H5586]]

With that, I urge my colleagues to vote in favor of H.R. 1722.
Mr. BLUMENAUER. Mr. Speaker, I am proud today to have the opportunity
to support H.R. 1722, the Telework Improvements Act of 2009. I would
like to thank Representative Sarbanes, Representative Lynch, Chairman
Towns and Representative Wolf for their leadership on this legislation
and for working to improve the lives of government employees across the
country. Giving people the flexibility to work from home, when
possible, makes the federal government a more productive and
environmentally responsible employer by saving money, decreasing
greenhouse gas emissions, decreasing congestion and improving
productivity.
Currently only 10 percent of eligible federal employees telework on a
regular basis, even though many federal jobs would be well suited to
teleworking. 95 percent of federal government employees expressed
interest in teleworking, but the majority of these workers said there
was not adequate support from their agency to do so. This bill will
give federal workers the flexibility to telework when appropriate.
There are many private companies, such as Intel in my home state of
Oregon, where up to one third of employees telework regularly, and
these companies have seen increased employee satisfaction, employee
retention, and an average savings of $4,500 a year per employee in
transportation costs and time savings.
Unfortunately, teleworking is a case where the federal government has
missed the opportunity to lead by example, and now we need to catch up.
Federal government employees should be able to take advantage of the
same technology for workplace flexibility, time savings, and
environmental benefits that private sector employees do.
This winter, the federal government was essentially shut down for a
week because of snowstorms. Even with the minimal support in place for
teleworking, estimates suggest that the federal government saved $30
million a day, because of teleworking.
Finally, we cannot discuss the importance of telework without looking
at the environmental impact. The Telework Exchange estimates that if 20
percent of Americans were to telework, we could eliminate 67 million
tons of greenhouse gas emissions annually and reduce Persian Gulf oil
imports by 40 percent. More to the point for this legislation, if all
eligible federal employees were to telework for two days per week, it
would save 2.7 metric tons of pollution each year.
This bill is an important first step, and I would also like to
encourage my colleagues to look at the telework provisions in
legislation I have introduced. H.R. 3271, Green Routes to Work, is a
collection of green commuting tax incentives. The legislation promotes
a variety of commuting methods, including transit, bicycling and
walking, but it also provides a tax credit for qualified teleworking
expenses. I hope that my colleagues will look at Green Routes to Work
as another tool to incentivize teleworking.
Encouraging teleworking will help the federal government be a better
partner as we look for ways to improve families' quality of life and
make all communities safer, healthier and more economically secure.
Putting money back in individuals' pockets, saving the federal
government money, reducing carbon emissions and reducing time spent in
traffic are important aspects of a livable community, and I am proud to
support this legislation.
Ms. ESHOO. Mr. Speaker, I rise today in support of H.R. 1722, the
Telework Improvements Act of 2009. I supported this legislation when it
came to the House floor earlier this year, and I intend to vote in
favor of it again today.
Technology plays an integral role in how our entire country works
today. It has made workplace communication more efficient. It has
eliminated borders across the globe to allow every aspect of the U.S.
economy to flourish. It permits our first responders to stay connected
during times of emergency and natural disasters. So many in the
workforce already take advantage of the benefits of technology and the
federal government should be able to as well.
The Telework Improvements Act will define telework for all federal
agencies and establish a policy that authorizes employees to telework.
This legislation will reduce the numbers of cars on the road, attract
more talent to the federal workforce, and save taxpayer dollars over
the long-term.
As a Member of the Intelligence Committee, I'm also pleased this
legislation places a priority on ensuring the security of government
information. We know all too well the dangers of data breaches,
viruses, and cyberattacks to sensitive government information. H.R.
1722 requires the Office of Management and Budget, in coordination with
the National Institute on Standards and Technology to issue guidelines
for information and security protections for telework.
I applaud the work of Representative Sarbanes on this legislation and
I urge all my colleagues to support H.R. 1722, the Telework
Improvements Act of 2009.
Mr. VAN HOLLEN. Mr. Speaker, as a representative of a district with a
large number of federal employees, I rise in strong support of H.R.
1722, the Telework Improvements Act. I want to thank Chairmen Towns and
Lynch and Representative Sarbanes for their leadership in crafting this
important bi-partisan bill.
If passed, this measure will put the federal government on equal
footing with many private sector employers and state governments which
allow their employees to perform many of their duties and
responsibilities from home or at another work site.
The Telework Improvements Act requires each executive agency to
establish a policy that enables federal employees to telework in a way
that does not diminish employee performance or agency operations, and
that ensures that no distinction is made between teleworkers and non-
teleworkers for performance appraisal and training purposes.
Having the option to telework will enhance the quality of life for
many federal employees and save money for the taxpayers. For example,
there is an effort underway to attract more young people to federal
government service to offset the growing number of older employees who
are retiring. Offering prospective employees the option to telework
increases the possibility that those employees with families will join
the federal workforce.
Telework also is smart fiscally. According to the Office of Personnel
Management, during the blizzard that hit Washington, DC last winter,
the government lost $71 million worth of productivity for each day it
remained closed. This number might have been far larger had some
federal workers not had the opportunity to work from home.
The Telework Improvements Act makes environmental, administrative and
fiscal common sense. Increasing telework opportunities for employees of
the country's largest employer means fewer cars on the roads as workers
commute less; it means lower carbon emissions; it means better quality
of life for workers and their families; and, it means reduced costs for
taxpayers and higher government efficiency because of lower
absenteeism.
I encourage my colleagues to join me in supporting the bill and I
urge its immediate passage.
Mr. LYNCH. I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Jackson of Illinois). Pursuant to House
Resolution 1509, the previous question is ordered on the bill, as
amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.

Motion to Recommit

Mr. ISSA. Mr. Speaker, I offer a motion to recommit.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. ISSA. I am, in its present form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Issa moves to recommit the bill H.R. 1722 to the
Committee on Oversight and Government Reform with
instructions to report the same back to the House forthwith
with the following amendment:
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;

[[Page H5587]]

``(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.''.

Mr. ISSA (during the reading). Mr. Speaker, I ask unanimous consent
to dispense with the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
Mr. LYNCH. I object.
I reserve a point of order.
The SPEAKER pro tempore. Objection is heard.
The Clerk will continue to read.
The Clerk continued to read.
The SPEAKER pro tempore. The gentleman from Massachusetts' point of
order is reserved.
Pursuant to the rule, the gentleman from California is recognized for
5 minutes in support of his motion.
Mr. ISSA. Mr. Speaker, this is a straightforward motion. It is a
motion that, if passed, will cause the Republicans to vote for this, if
not unanimously, virtually unanimously. If we take out the $30 million
in cost by insisting that there be reasonable offsets, then we will in
fact have fixed one of the problems that was unnecessary in the bill.
Additionally, as was so well read by our Clerk just a moment ago, it is
very, very clear that there are some small areas but meaningful areas.
We do not want the American people to believe that telecommuters are
downloading pornography full time the way $200,000-plus executives at
SEC, the Securities and Exchange Commission, were doing.
Now, I wanted to include in the motion to recommit that if you're
found downloading while telecommuting, you'd be fired, but it turns
out, Mr. Speaker, the rules of the House prevent me from offering that.
I am not allowed under the rules to insist on behalf of the American
people that somebody be terminated if they've downloaded endless
pornography while telecommuting. So instead we have simply said in the
motion to recommit that if they're found downloading pornography, they
can no longer telecommute.
Likewise, on a number of other areas we feel that the American people
should know that there is accountability. Accountability as to the
Presidential Records Act. Mr. Speaker, as you know, the Presidential
Records Act is extremely important. That if somebody is working
offsite, we want to ensure that they do not use a Gmail account or in
some other way go off system and have that lost for the rest of
eternity. It is too important and it is too uniform a law to not make
sure it is included in this Act. Additionally, the question of official
business.
Now, often motions to recommit include poison pills. This is not one.
We wanted to make sure that if there's a union contract in which
there's union negotiation or other time allotted--official time--that
it not be done clandestinely around telecommuting. The fact is that if
a union leader who is also a Federal employee has a right to have so
much time spent doing that, this would not stop them, but it would make
it very clear that you can't simply be working out of your house and
use that as collective bargaining time or other work that would not be
manageable.
It's very clear that we were limited in this. This does not fix
everything, Mr. Speaker. This does not fix everything I'd like to fix,
but it simply makes the bill revenue neutral and in a couple of
important areas assures the American people that their taxpayer dollars
are not being misused while someone is telecommuting.
With that, I yield to the gentleman from Georgia.
Mr. GINGREY of Georgia. Mr. Speaker, I want to thank Mr. Issa for
offering this motion to recommit.
Since the stimulus passed last February, the private sector has shed
over 3.2 million jobs and unemployment now stands at a staggering 9.5
percent. Now is not the time to give another perk to Federal employees
while the rest of America is struggling to make ends meet.
By requiring Federal agencies to duplicate an existing law and spend
20 percent of their official time out of the office and on a mobile
worksite, we're costing the taxpayers another $32 million while
promoting an inefficient Federal workforce.

{time} 1500

I'm proud that this motion to recommit corrects some of these
problems. Thankfully, if adopted, this motion will require that each
agency must certify to the Office of Personnel Management that the
agency's telework program will save money, rather than increase
spending. Furthermore, teleworking privileges will not be granted to
employees that have been disciplined for poor work performance and
behavior, such as viewing pornography on work computers, having a
record of being absent without permission, or who are delinquent in
paying their taxes.
Finally, Mr. Speaker, I am very proud that this motion will prohibit
Federal employees from engaging in union or collective bargaining
activities while teleworking. OPM reported that in fiscal year 2008
alone, nearly 3 million official time hours were used in collective
bargaining or arbitration of grievances against an employer, equating
to over $120 million tax dollars spent on union activities. It's
irresponsible, Mr. Speaker, to use these dollars for nonrelated
official duties while on official time.
So, Mr. Speaker, this motion to recommit is necessary to save
precious tax dollars and ensure the integrity of the Federal workforce.
I commend Mr. Issa for bringing this forward. I urge my colleagues to
support this motion.
Mr. ISSA. I yield back the balance of my time.
Mr. LYNCH. Mr. Speaker, I rise to claim time in opposition to the
motion.
The SPEAKER pro tempore. Does the gentleman continue to reserve his
point of order?
Mr. LYNCH. No.
The SPEAKER pro tempore. The gentleman from Massachusetts is
recognized for 5 minutes.
Mr. LYNCH. Mr. Speaker, there are a number of points here that I
would like to make at the outset, and I appreciate the spirit in which
the gentleman has offered these amendments.
Many of the concerns that the gentleman has raised in his motion to
recommit have been addressed in the bill.

[[Page H5588]]

I would like to begin by saying that right now, with respect to tax
delinquency and enforcing the tax laws against Federal employees, we
have greater protections right now in place against those Federal
employees than exist against any other employee in America today. We
have the ability to remove them from their jobs. We have the ability to
garnish their wages. We have the ability to demand of them compliance
with the tax law that is much more difficult to implement against the
average private sector employee. So I do not think that the measures
here and the ``seriously delinquent'' category that does not exist
under the IRS Tax Code well serves the underlying purpose of this bill.
I do want to say that prohibiting collective bargaining activity
while teleworking is also a question of possible violation with other
statutes that I believe may be infringed upon by this motion. So I
would be very, very concerned about--obviously we were given this
motion about a minute ago--well, a couple of minutes ago, so I'm not so
sure how that would affect Taft-Hartley collective bargaining rights.
But it would appear that they would do a carve-out here for those
workers who are teleworking and yet unable to exercise the rights that
otherwise might exist in those employees. So I am very, very concerned
about that.
I understand the restrictions. Further, the amended version of H.R.
1722 already incorporates language to restrict allowing employees to
telework based on previous disciplinary issues that might have been
presented.
With respect to the concern raised by my friend and colleague with
respect to accessing pornographic sites, I should note that history has
shown us that those who rail against weaknesses of the human spirit are
usually the very people who succumb to those very weaknesses. But we
would certainly agree that that is inappropriate behavior and it should
be punished. I tend to think that that is a point of agreement, but I
think it's just a matter of how to implement that prohibition.
There is also a difficulty at the heart of this, which is that the
gentleman's motion to reconsider requires us to demonstrate a savings
now at this level. Here's the problem: We are not in an Appropriations
Committee. We have not appropriated any money for this. We don't have
the ability to do that. This is authorization. So how are we supposed
to know where the break point on savings might be when we don't know,
in this forum, how much money might be spent?
Those are structural flaws, I think, in the bill that prevent us from
accepting the amendment at this time. However, I understand that some
Members may see one or two of these issues as decisive on their behalf,
and I would understand and respect the Members' rights to vote as they
might on this measure. But because of the issues that I have raised--
one, because it creates a level of impossibility for us to demonstrate
savings when we don't know how much money is going to be used in
implementing this measure. That will be decided by the appropriators.
And, as well, we realize that to set this up, in order to establish the
teleworking protocols, there will be an expenditure to begin with, but
the savings will result at a later time. So I urge my colleagues to
vote against this.
I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. ISSA. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 and clause 9 of rule
XX, this 15-minute vote on the motion to recommit will be followed by
5-minute votes on passage of H.R. 1722, if ordered; and the motion to
suspend the rules on S. 1508.
The vote was taken by electronic device, and there were--yeas 303,
nays 119, not voting 10, as follows:

[Roll No. 440]

YEAS--303

Ackerman
Aderholt
Adler (NJ)
Akin
Alexander
Altmire
Arcuri
Austria
Baca
Bachmann
Bachus
Barrett (SC)
Barrow
Bartlett
Barton (TX)
Bean
Berkley
Biggert
Bilbray
Bilirakis
Bishop (NY)
Bishop (UT)
Blackburn
Blunt
Boccieri
Boehner
Bonner
Bono Mack
Boozman
Boren
Boswell
Boucher
Boustany
Boyd
Brady (TX)
Bright
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Buchanan
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Cao
Capito
Cardoza
Carnahan
Carney
Carson (IN)
Carter
Cassidy
Castle
Chaffetz
Chandler
Childers
Coble
Coffman (CO)
Cole
Conaway
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Crenshaw
Critz
Cuellar
Culberson
Dahlkemper
Davis (AL)
Davis (KY)
Davis (TN)
DeFazio
Dent
Diaz-Balart, L.
Diaz-Balart, M.
Djou
Doggett
Donnelly (IN)
Dreier
Driehaus
Duncan
Edwards (TX)
Ehlers
Ellsworth
Emerson
Etheridge
Fallin
Flake
Fleming
Forbes
Fortenberry
Foster
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Giffords
Gingrey (GA)
Gohmert
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves (GA)
Graves (MO)
Grayson
Green, Al
Green, Gene
Griffith
Guthrie
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Harper
Heinrich
Heller
Hensarling
Herger
Herseth Sandlin
Hill
Himes
Hinchey
Hodes
Holden
Hunter
Inglis
Israel
Issa
Jackson (IL)
Jackson Lee (TX)
Jenkins
Johnson (IL)
Johnson, Sam
Jones
Jordan (OH)
Kaptur
Kildee
Kind
King (IA)
King (NY)
Kingston
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Lamborn
Lance
Latham
LaTourette
Latta
Lee (NY)
Lewis (CA)
Linder
Lipinski
LoBiondo
Loebsack
Lucas
Luetkemeyer
Lujan
Lummis
Lungren, Daniel E.
Mack
Maffei
Manzullo
Marchant
Markey (CO)
Marshall
Matheson
McCarthy (CA)
McCaul
McClintock
McCotter
McHenry
McIntyre
McKeon
McMahon
McMorris Rodgers
McNerney
Melancon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Minnick
Mitchell
Mollohan
Moore (KS)
Moran (KS)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Murphy, Tim
Myrick
Neugebauer
Nunes
Nye
Ortiz
Pastor (AZ)
Paul
Paulsen
Pence
Perlmutter
Perriello
Peters
Peterson
Petri
Pitts
Platts
Poe (TX)
Pomeroy
Posey
Price (GA)
Putnam
Quigley
Radanovich
Rahall
Rehberg
Reichert
Rodriguez
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Ros-Lehtinen
Roskam
Ross
Rothman (NJ)
Royce
Rush
Ryan (OH)
Ryan (WI)
Salazar
Sanchez, Loretta
Scalise
Schauer
Schiff
Schmidt
Schock
Schrader
Schwartz
Sensenbrenner
Sessions
Sestak
Shadegg
Shea-Porter
Shimkus
Shuler
Shuster
Simpson
Skelton
Smith (NE)
Smith (NJ)
Smith (TX)
Space
Speier
Spratt
Stearns
Stupak
Sullivan
Sutton
Tanner
Taylor
Teague
Terry
Thompson (PA)
Thornberry
Tiberi
Tierney
Titus
Turner
Upton
Visclosky
Walden
Walz
Wamp
Weiner
Welch
Westmoreland
Whitfield
Wilson (OH)
Wilson (SC)
Wittman
Wolf
Wu
Yarmuth
Young (AK)
Young (FL)

NAYS--119

Andrews
Baird
Baldwin
Becerra
Berman
Berry
Bishop (GA)
Blumenauer
Brady (PA)
Braley (IA)
Brown, Corrine
Butterfield
Capps
Capuano
Castor (FL)
Chu
Clarke
Clay
Cleaver
Clyburn
Cohen
Crowley
Cummings
Davis (CA)
Davis (IL)
DeGette
Delahunt
DeLauro
Dicks
Dingell
Doyle
Edwards (MD)
Ellison
Engel
Eshoo
Farr
Fattah
Filner
Frank (MA)
Fudge
Garamendi
Grijalva
Gutierrez
Hirono
Holt
Honda
Hoyer
Inslee
Johnson (GA)
Johnson, E. B.
Kanjorski
Kennedy
Kilpatrick (MI)
Kilroy
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Lee (CA)
Levin
Lewis (GA)
Lofgren, Zoe
Lowey
Lynch
Maloney
Markey (MA)
Matsui
McCarthy (NY)
McCollum
McDermott
McGovern
Meek (FL)
Meeks (NY)
Michaud
Miller (NC)
Miller, George
Moore (WI)
Nadler (NY)
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Owens
Pallone
Pascrell
Payne
Pingree (ME)
Polis (CO)
Price (NC)
Rangel
Reyes
Richardson
Roybal-Allard
Ruppersberger
Sarbanes
Schakowsky
Scott (GA)
Scott (VA)
Serrano
Sherman
Sires
Slaughter
Smith (WA)
Snyder
Stark
Thompson (CA)
Thompson (MS)
Tonko
Towns
Tsongas
Van Hollen
Velazquez
Wasserman Schultz
Waters
Watson
Watt
Waxman
Woolsey

NOT VOTING--10

Deutch
Hastings (FL)
Hastings (WA)
Higgins
Hinojosa
Hoekstra
Kagen
Olson
Sanchez, Linda T.
Tiahrt

[[Page H5589]]

{time} 1537

Messrs. BISHOP of Georgia, FILNER, ELLISON, NEAL of Massachusetts,
FATTAH, GEORGE MILLER of California, KUCINICH, GUTIERREZ, FARR,
OBERSTAR, STARK, CLYBURN, MEEK of Florida, PAYNE, SERRANO, LARSON of
Connecticut, Mrs. DAVIS of California, and Mr. LANGEVIN changed their
vote from ``yea'' to ``nay.''
Messrs. ORTIZ, HALL of New York, JACKSON of Illinois, BLUNT,
ACKERMAN, WILSON of Ohio, ROTHMAN of New Jersey, HEINRICH, ETHERIDGE,
COOPER, CONNOLLY of Virginia, WEINER, MOORE of Kansas, BACA, SCHIFF,
Ms. HARMAN, Messrs. GONZALEZ, PASTOR of Arizona, CARDOZA, PERLMUTTER,
BISHOP of New York, KIND, and BARTON of Texas changed their vote from
``nay'' to ``yea.''
So the motion to recommit was agreed to.
The result of the vote was announced as above recorded.
Mr. LYNCH. Mr. Speaker, pursuant to the instructions of the House in
the motion to recommit, I report the bill, H.R. 1722, back to the House
with an amendment.
The SPEAKER pro tempore. The Clerk will report the amendment.
The Clerk read as follows:

Amendment offered by Mr. Lynch:
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.''.

Mr. LYNCH (during the reading). Mr. Speaker, I ask unanimous consent
to dispense with the reading.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Massachusetts?
There was no objection.
The SPEAKER pro tempore. The question is on the amendment.
The amendment was agreed to.
The SPEAKER pro tempore. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
The SPEAKER pro tempore. The question is on the passage of the bill.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. LYNCH. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--yeas 290,
nays 131, not voting 11, as follows:

[Roll No. 441]

YEAS--290

Ackerman
Adler (NJ)
Altmire
Andrews
Arcuri
Baca
Baird
Baldwin
Barrow
Bartlett
Bean
Becerra
Berkley
Berman
Biggert
Bilbray
Bilirakis
Bishop (GA)
Bishop (NY)
Blumenauer
Boccieri
Bono Mack
Boren
Boswell
Boucher
Boyd
Brady (PA)
Braley (IA)
Bright
Brown, Corrine
Buchanan
Butterfield
Cao
Capito
Capps
Capuano
Cardoza
Carnahan
Carney
Carson (IN)
Cassidy
Castle
Castor (FL)
Chaffetz
Chandler
Childers
Chu
Clarke
Clay
Clyburn
Coffman (CO)
Cohen
Connolly (VA)
Conyers
Cooper
Costa
Costello
Courtney
Critz
Crowley
Cuellar
Cummings
Dahlkemper
Davis (AL)
Davis (CA)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Dent
Dicks
Dingell
Djou
Doggett
Donnelly (IN)
Doyle
Dreier
Driehaus
Edwards (MD)
Edwards (TX)
Ehlers
Ellison
Ellsworth
Engel
Eshoo
Etheridge
Farr
Fattah
Filner
Forbes
Fortenberry
Foster
Frank (MA)
Fudge
Garamendi
Gerlach
Giffords
Gonzalez
Goodlatte
Gordon (TN)
Granger
Graves (MO)
Grayson
Green, Al
Green, Gene
Grijalva
Gutierrez
Hall (NY)
Hall (TX)
Halvorson
Hare
Harman
Heinrich
Herseth Sandlin
Hill
Himes
Hinchey
Hirono
Hodes
Holden
Holt
Honda
Hoyer
Inslee
Israel
Issa
Jackson (IL)
Jackson Lee (TX)
Johnson (GA)
Johnson, E. B.
Jones
Kanjorski
Kaptur
Kennedy
Kildee
Kilpatrick (MI)
Kilroy
Kind
Kirk
Kirkpatrick (AZ)
Kissell
Klein (FL)
Kline (MN)
Kosmas
Kratovil
Kucinich
Langevin
Larsen (WA)
Larson (CT)
Latham
LaTourette
Lee (CA)
Levin
Lewis (GA)
Linder
Lipinski
LoBiondo
Loebsack
Lofgren, Zoe
Lowey
Lujan
Lungren, Daniel E.
Lynch
Maffei
Maloney
Markey (CO)
Markey (MA)
Marshall
Matheson
Matsui
McCarthy (NY)
McCollum
McCotter
McDermott
McGovern
McIntyre
McMahon
McNerney
Meek (FL)
Meeks (NY)
Melancon
Michaud
Miller (MI)
Miller (NC)
Miller, George
Minnick
Mitchell
Mollohan
Moore (KS)
Moore (WI)
Moran (VA)
Murphy (CT)
Murphy (NY)
Murphy, Patrick
Nadler (NY)
Napolitano
Neal (MA)
Nye
Oberstar
Obey
Olver
Ortiz
Owens
Pallone
Pascrell
Pastor (AZ)
Paulsen
Payne
Perlmutter
Perriello
Peters
Peterson
Petri
Pingree (ME)
Platts
Polis (CO)
Pomeroy
Price (NC)
Quigley
Rahall
Rangel
Reichert
Reyes
Richardson
Rodriguez
Ros-Lehtinen
Ross
Rothman (NJ)
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Salazar
Sanchez, Loretta
Sarbanes
Schakowsky
Schauer
Schiff
Schrader
Schwartz
Scott (GA)
Scott (VA)

[[Page H5590]]

Serrano
Sestak
Shea-Porter
Sherman
Shuler
Sires
Skelton
Slaughter
Smith (NJ)
Smith (WA)
Snyder
Space
Speier
Spratt
Stark
Stupak
Sutton
Tanner
Taylor
Teague
Terry
Thompson (CA)
Thompson (MS)
Tierney
Titus
Tonko
Towns
Tsongas
Upton
Van Hollen
Velazquez
Visclosky
Walden
Walz
Wasserman Schultz
Waters
Watson
Watt
Waxman
Weiner
Welch
Wilson (OH)
Wittman
Wolf
Woolsey
Yarmuth

NAYS--131

Aderholt
Akin
Alexander
Austria
Bachmann
Bachus
Barrett (SC)
Barton (TX)
Berry
Bishop (UT)
Blackburn
Blunt
Boehner
Bonner
Boozman
Boustany
Brady (TX)
Broun (GA)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burton (IN)
Buyer
Calvert
Camp
Campbell
Cantor
Carter
Coble
Cole
Conaway
Crenshaw
Culberson
Davis (KY)
Diaz-Balart, L.
Diaz-Balart, M.
Duncan
Emerson
Fallin
Flake
Fleming
Foxx
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gingrey (GA)
Gohmert
Graves (GA)
Griffith
Guthrie
Harper
Heller
Hensarling
Herger
Hunter
Inglis
Jenkins
Johnson (IL)
Johnson, Sam
Jordan (OH)
King (IA)
King (NY)
Kingston
Lamborn
Lance
Latta
Lee (NY)
Lewis (CA)
Lucas
Luetkemeyer
Lummis
Mack
Manzullo
Marchant
McCarthy (CA)
McCaul
McClintock
McHenry
McKeon
McMorris Rodgers
Mica
Miller (FL)
Miller, Gary
Moran (KS)
Murphy, Tim
Myrick
Neugebauer
Nunes
Paul
Pence
Pitts
Poe (TX)
Posey
Price (GA)
Putnam
Radanovich
Rehberg
Roe (TN)
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Rooney
Roskam
Royce
Ryan (WI)
Scalise
Schmidt
Schock
Sensenbrenner
Sessions
Shadegg
Shimkus
Shuster
Simpson
Smith (NE)
Smith (TX)
Stearns
Sullivan
Thompson (PA)
Thornberry
Tiberi
Turner
Wamp
Westmoreland
Whitfield
Wilson (SC)
Wu
Young (AK)
Young (FL)

NOT VOTING--11

Cleaver
Deutch
Hastings (FL)
Hastings (WA)
Higgins
Hinojosa
Hoekstra
Kagen
Olson
Sanchez, Linda T.
Tiahrt

Announcement by the Speaker Pro Tempore

The SPEAKER pro tempore (during the vote). Members have 1 minute
remaining in this vote.

{time} 1545

Mr. COFFMAN of Colorado changed his vote from ``nay'' to ``yea.''
So the bill was passed.
The result of the vote was announced as above recorded.
The title of the bill was amended so as to read: ``A bill to require
the head of each executive agency to establish and implement a policy
under which employees shall be authorized to telework, and for other
purposes.''.
A motion to reconsider was laid on the table.

____________________