; and (iii) evaluate whether employees of the agency with respect to whom the agency head has not made a determination described in subsection (a)(4)(A), but who otherwise are described in clauses (i) and (ii), may become eligible employees during that renewal. (3) Waiver The head of an agency may waive the requirements of any provision of paragraph (1) or (2) that applies with respect to an employee of the agency if the agency head determines that there is a compelling reason for the waiver that relates to the effective operation of the Federal Government. (4) Plan for future outbreaks Not later than 1 year after the date of enactment of this Act, the Director, in coordination with the Secretary, shall establish a policy— (A) to maximize the use of telework by the Federal workforce during a period in which there is in effect a public health emergency that the Secretary of Human Services declares under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) on a date that is after the date of enactment of this Act with respect to an outbreak of an infectious disease; and (B) that shall be designed to be implemented before implementing any continuity of operations plan with respect to any outbreak described in subparagraph (A).