89–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–474 

TELEWORK IMPROVEMENTS ACT OF 2010 

MAY 4, 2010.—Committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

Mr. TOWNS, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

[To accompany H.R. 1722] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred 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, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 6 

Background and Need for Legislation .................................................................... 7 

Legislative History .................................................................................................. 8 

Section-by-Section .................................................................................................... 8 

Explanation of Amendments ................................................................................... 12 

Committee Consideration ........................................................................................ 12 

Rollcall Votes ............................................................................................................ 12 

Application of Law to the Legislative Branch ....................................................... 12 

Statement of Oversight Findings and Recommendations of the Committee ...... 13 

Statement of General Performance Goals and Objectives .................................... 13 

Constitutional Authority Statement ...................................................................... 13 

Federal Advisory Committee Act ............................................................................ 13 

Unfunded Mandate Statement ............................................................................... 13 

Earmark Identification ............................................................................................ 13 

Committee Estimate ................................................................................................ 13 

Budget Authority and Congressional Budget Office Cost Estimate .................... 14 

Changes in Existing Law Made by the Bill, as Reported ..................................... 16 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 


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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. 

‘‘§ 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. 

‘‘§ 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 the eligibility of employees to telework is included in descriptions of available positions and other 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; or 

‘‘(2) prevent an agency from permitting an employee to telework as part of 

a continuity of operations plan. 

‘‘§ 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; 

‘‘(3) no distinction is made between teleworkers and nonteleworkers for purposes of— 

‘‘(A) periodic appraisals of job performance of employees, 


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‘‘(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) PROMULGATION OF REGULATIONS BY 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 considerations relating to 

employee performance, 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 in, or otherwise affected by, 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; and 

‘‘(5) to safeguard wireless and other telecommunications capabilities that are 

used for teleworking. 

‘‘§ 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— 


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‘‘(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. 

‘‘§ 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. 


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‘‘(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. 

‘‘(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. TRAVEL EXPENSE TEST PROGRAMS. 

Section 5710 of title 5, United States Code, is amended to read as follows: 

‘‘§ 5710. Authority for travel expense test programs 

‘‘(a)(1) Notwithstanding any other provision of this subchapter, if the Administrator of General Services determines it to be in the interest of Government, the 

Administrator may approve the request of an agency to operate a test program 

under which the agency may pay through the proper disbursing official any necessary travel expenses of the employee in lieu of any payment otherwise authorized 

or required under this subchapter. Under an approved test program, an agency may 


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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 test program. 

‘‘(2) Any test program operated under this section shall be designed to enhance 

cost savings or other efficiencies that accrue to the Government. 

‘‘(b) The Administrator shall transmit a description of any test program approved 

or extended by the Administrator under this section to the appropriate committees 

of the Congress not later than 30 days before the program or extension takes effect. 

‘‘(c)(1) An agency operating a test program approved under this section shall annually submit a report on the results of the program to date to the Administrator. 

‘‘(2) Not later than 3 months after the conclusion of a test program approved 

under this section, the agency operating the program shall submit a final report on 

the results of the program to the Administrator and the appropriate committees of 

Congress. 

‘‘(d) The Administrator may approve such number of test programs under this section as the Administrator considers appropriate, including test programs which are 

carried out on a government-wide basis, except that the number of test programs 

in operation at any time may not exceed 12. 

‘‘(e)(1) The Administrator may not approve any test program under this section 

for an initial period of more than 2 years. 

‘‘(2) Upon a showing of enhanced cost savings, the Administrator may extend an 

approved test program for an additional period not to exceed 2 years. 

‘‘(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. 

‘‘(g) The authority to conduct test programs under this section shall expire upon 

the expiration of the 6-year period which begins on the date of the enactment of the 

Telework Improvements Act of 2010.’’. 

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. 

Amend the title 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. 

PURPOSE AND SUMMARY

H.R. 1722, the Telework Improvements Act of 2009, was introduced by Representatives John P. Sarbanes, Danny K. Davis, Stephen F. Lynch, Gerald E. Connolly, Frank R. Wolf, James P. 

Moran, and C.A. Dutch Ruppersberger on March 25, 2009. H.R. 

1722 improves the efficiency of the federal workforce by allowing 

more federal employees to telework. Under the bill, the head of 

each agency must establish a policy that authorizes employees to 

telework and must designate a Telework Managing Officer for the 

agency. The bill directs the Office of Personnel Management (OPM) 

to issue regulations and other guidance to agencies on issues related to telework and requires OPM and the Government Accountability Office (GAO) to evaluate and report on agency telework programs. 


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1 U.S. Office of Personnel Management, Status of Telework in the Federal Government (Aug. 

2009). 2Letter from Claudia Cross, Deputy Chief Human Capital Officer, Director, Office of Human 

Capital Management, Department of Energy (July 12, 2007). 3Letter from Mark A. Studdert, General Deputy Assistant Secretary for Congressional and 

Intergovernmental Relations, Department of Housing and Urban Development (June 1, 2007). 4Government Accountability Office, Information Security: Concerted Response Needed to Resolve Persistent Weaknesses (GAO–10–536T). 

BACKGROUND AND NEED FOR LEGISLATION

Telework provides a number of benefits including reduced energy 

consumption and traffic congestion, competitive hiring and retention, cost savings, and emergency preparedness. Despite these and 

other benefits, many agencies continue to underutilize telework. 

Public Law 106–346 mandated that each executive agency ‘‘establish a policy under which eligible employees of the agency may 

participate in telecommuting to the maximum extent possible without diminished employee performance.’’ According to a status report released by OPM in 2009, however, only 5 percent of federal 

employees participated in telework programs in 2008.1

The Committee has determined through its oversight efforts that 

there is not a consistent definition of telework across agencies. The 

way agencies measure and track telework also varies. Some agencies, such as the Department of Energy, said they track how many 

employees are teleworking through time and attendance systems.2

Other agencies, such as the Department of Housing and Urban Development, do not track actual telework and instead calculate 

telework based on existing telework agreements between supervisors and employees.3

H.R. 1722 defines telework and requires each agency to establish 

a policy to authorize employees to telework. H.R. 1722 also addresses one of the most frequently cited barriers to telework, resistance from management, by requiring agencies to provide telework 

training for managers, supervisors, and teleworking employees. 

An important consideration for agency telework programs is ensuring the security of government information. In March 2010, before the Subcommittee on Government Management, Organization, 

and Procurement, a witness from GAO testified that agencies have 

not fully implemented agencywide information security programs, 

putting federal information at increased risk.4 The National Institute of Standards and Technology (NIST) has identified ways in 

which agencies and teleworking employees can protect information 

and limit the introduction of vulnerabilities, including those resulting from inadequate maintenance of antivirus software and operation system patches, improperly configured firewalls, and unrestricted acceptance or use of spam, popup windows, file sharing, 

and peer-to-peer software (P2P). As reported by the Committee, 

H.R. 1722 requires OMB, in coordination with NIST, to issue 

guidelines to ensure that the information and security protections 

for teleworking are adequate. 

In recent years, telework also has increasingly been viewed as an 

important tool for ensuring continuity of essential government 

services in emergencies. A number of agencies have used telework 

to respond to real emergencies. John Berry, the Director of OPM, 

estimated that during the snowstorm that crippled the Washington, DC area in the winter of 2010, telework reduced the estimated cost of lost productivity from $100 million a day to $71 milVerDate Mar 15 2010 03:57 May 05, 2010 Jkt 089008 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\HR474.XXX HR474

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5Senate Committee on Appropriations, Testimony of OPM Director John Berry, Hearing on 

FY 2011 OPM Budget, 111th Cong. (Mar. 24, 2010). 

lion.5 H.R. 1722 requires agencies with continuity of operations 

plans (COOP) to incorporate telework into those plans. 

LEGISLATIVE HISTORY

H.R. 1722, the Telework Improvements Act of 2009, was introduced by Representatives John P. Sarbanes, Danny K. Davis, Stephen F. Lynch, Gerald E. Connolly, Frank R. Wolf, James P. 

Moran, and C.A. Dutch Ruppersberger on March 25, 2009, and referred to the Committee on Oversight and Government Reform. 

The Subcommittee on Federal Workforce, Postal Service, and the 

District of Columbia held a business meeting to consider H.R. 1722 

on March 24, 2010. The Subcommittee approved by voice vote a 

manager’s amendment in the nature of a substitute and forwarded 

the bill, as amended, to the full Committee. 

The full Committee considered H.R. 1722 on April 14, 2010, and 

ordered the bill to be reported, as amended, by a voice vote. 

H.R. 1722 is similar to H.R. 4106, the Telework Improvements 

Act of 2009. H.R. 4106 was considered by the Subcommittee on 

Federal Workforce, Postal Service, and the District of Columbia on 

February 28, 2008, and forwarded, as amended, to the full Committee by a voice vote. The full Committee considered H.R. 4106 on 

March 13, 2008, and ordered the bill to be reported, as amended, 

by a voice vote. H.R. 4106 passed the House on June 3, 2008, by 

a voice vote. 

SECTION-BY-SECTION

Section 1: Short title 

This section provides that the short title of the bill is the 

Telework Improvements Act of 2010. 

Section 2: Telework 

Section 2(a) amends Part III of Title 5 of the United States Code 

by inserting a new Chapter 65 on Telework. The new chapter adds 

sections 6501 through 6505. 

The new section 6501 includes the following definitions: 

The term ‘‘agency’’ means an executive agency. 

The term ‘‘telework’’ or ‘‘teleworking’’ refers to a work flexibility 

arrangement under which an employee performs the duties and responsibilities of the employee’s position, and other authorized activities, from an approved worksite other than the location from 

which the employee would otherwise work. Under this section, 

telework includes any activities, including training and union activities, that an employee would normally be authorized to do during work hours at his or her regular place of employment. 

The term ‘‘continuity of operations’’ 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. 


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The term ‘‘Telework Managing Officer’’ means the Telework 

Managing Officer that the head of each agency is required to designate under the new section 6504. 

The new section 6502(a) covers the governmentwide telework requirement. Not later than one year after enactment of the legislation, the head of each agency is required to establish a policy under 

which employees are authorized to telework. The telework policy 

must conform to regulations promulgated by the Director of OPM. 

In general, such policies must allow employees to telework to the 

maximum extent possible without diminishing agency operations 

and performance. The agency head is also required to ensure that 

information on the eligibility of employees to telework is included 

in descriptions of available positions and other recruiting materials. This requirement is intended to enhance recruitment efforts 

by giving applicants information about the potential availability of 

telework for an employee in that position. 

Section 6502(b) provides for certain exceptions to the telework requirement. An agency head is not required to authorize teleworking for an employee whose duties and responsibilities require 

daily direct handling of classified information or require that they 

be performed on-site. In addition, the temporary denial of permission to telework is permitted if, in the judgment of the agency 

head, the employee is needed to respond to an emergency. 

Section 6502(c) sets out a rule of construction that provides that 

agencies may not require any employee to telework. Additionally, 

this subsection clarifies that nothing in chapter 65 prevents an 

agency from permitting an employee to telework as part of a continuity of operations plan. 

The new section 6503 covers implementation of telework requirements, setting forth certain requirements for agency heads, OPM, 

and OMB. 

Section 6503(a) requires agency heads to ensure that appropriate 

training is provided to supervisors and managers, and to all employees who are authorized to telework. The training must address 

the information security requirements issued by OMB. Importantly, the section prohibits agencies from making a distinction between teleworkers and nonteleworkers for the purposes of job performance, discipline, and other acts involving the discretion of 

managers. In addition, most large agencies are required to utilize 

telework in their continuity of operations plans. 

Section 6503(b) requires the OPM Director, in consultation with 

the Administrator of General Services, to promulgate regulations to 

assist and advise agencies in carrying out the telework requirements. The OPM Director is also required to maintain a central, 

publicly available telework website that includes any regulations 

on telework, an e-mail address for comments on telework, and a 

copy of OPM’s annual reports on telework compliance. This subsection clarifies that GAO is not required to comply with OPM’s 

regulations. GAO is required to report to Congress on its telework 

program under section 6505. 

Under subsection 6503(c) the OMB Director, in coordination with 

NIST, must issue guidelines within 180 days after enactment that 

ensure the adequacy of information and security protections for information and information systems used for telework. 


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The new section 6504(a) requires each agency to designate a 

Telework Managing Officer (TMO). 

Section 6504(b) requires that the TMO be a senior official who 

has direct access to the agency head. 

Under section 6504(c), the TMO may not be a political appointee. 

The Committee intends the TMO to be the agency’s point person 

on telework, to be a resource for employees and managers, and to 

be accountable for ensuring that the requirements in the Act are 

met. 

The TMO’s specific duties are provided in section 6504(d) and include providing advice to the agency head and the Chief Human 

Capital Officer on telework, implementing a plan to incorporate 

telework into the agency’s normal operations and its continuity of 

operations plans, distributing information and guidance to employees, and ensuring that all telework reporting requirements are met. 

The appointment of a responsible senior official will be essential 

in agency efforts to implement a successful telework program. However, the Committee recognizes that the size of a given agency and 

its existing telework program will play a large part in dictating the 

demands on a TMO. Section 6504(e), as added by the Chaffetz 

amendment, recognizes that agencies need flexibility in designating 

one or more individuals to implement the telework requirements. 

It also allows the individual serving as an agency’s TMO to also 

hold another office or position in the agency where this would be 

appropriate and feasible. 

The new section 6505 covers new reporting requirements for 

evaluating telework in agencies. The OPM Director is required by 

section 6505(a) to submit an annual report to the Comptroller General and the Congress that evaluates each agency’s compliance 

with the telework requirements in the Act. The report will assess 

the degree of telework participation by agency employees. The report also will evaluate the methods used by agencies to gather 

telework data, agency trends in teleworking, and whether agencies 

are setting and meeting telework goals. For agencies that are required to have a COOP plan, the report will also evaluate the extent to which the agency incorporated telework in its plan and used 

telework in response to emergencies. OPM is directed to determine 

that agencies are in compliance if the agency reports the requested 

data accurately and in a timely manner and meets or exceeds the 

agency’s established telework goals. 

Section 6505(b) requires the Comptroller General to review the 

OPM report and submit a report to Congress. The Comptroller 

General’s report will evaluate the compliance of OPM and agencies 

with the provisions in the Act, address the overall progress of agencies in carrying out those provisions, and include any other information and recommendations that the Comptroller General considers appropriate. Under the bill, the Comptroller General is not 

required to submit information on its telework program to OPM or 

comply with regulations OPM issues under this Act. GAO is required to report to Congress each year on its telework program. 

GAO must report the same data that OPM is required to report for 

other agencies under section 6505(a). 

Section 6505(c) identifies the committees of Congress to receive 

the reports described in section 6505 as being the House ComVerDate Mar 15 2010 03:57 May 05, 2010 Jkt 089008 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR474.XXX HR474

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mittee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs. 

Section 2(b) makes technical and conforming amendments to title 

5, United States Code. 

Section 3: Policy guidance 

Within 120 days after enactment, the Director of OMB is required to issue policy guidance requiring executive agencies, when 

purchasing computer systems, to purchase computer systems that 

enable and support telework, unless the agency head determines 

that there is a mission-specific reason not to do so. 

The Committee intends such guidance to address the benefits of 

computer systems, including laptops and other portable systems, 

which may assist agencies in complying with the general telework 

requirements of this Act and the specific OMB guidelines on adequate information and security protections. 

Section 4: Travel expense test programs 

This section amends 5 U.S.C. § 5710 by reinstating authority for 

the General Services Administration (GSA) to initiate travel expense test programs. 

Under this authority, if the GSA Administrator determines it is 

in the government’s interest, the Administrator may approve an 

agency’s request to operate a travel expenses test program. Under 

such a program the agency may designate and pay any necessary 

travel expenses for an employee as an alternative to any payment 

that is set or required under the existing GSA travel regulations. 

Under an approved test program, an agency may also provide an 

employee with the option to waive any payment authorized or required by the existing regulations. Any test program is required to 

enhance cost savings or other efficiencies that accrue to the government. 

The Committee understands that at least one agency, the Patent 

and Trademark Office (PTO), intends to explore additional telework test programs that would enable employees to serve the mission of the PTO while living and working outside of the immediate 

geographical area in which PTO headquarters is located. The Committee believes PTO and its employees may benefit from the travel 

expense test program authority provided to GSA under this section. 

The authority to conduct test programs expires six years after 

enactment. 

Section 5: Telework research 

This section requires the Director of OPM to conduct studies on 

the use of telework by public and private sector entities that identify best practices and recommendations for the federal government. Such research is required to 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. These studies and reviews must be made available to the public. 


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EXPLANATION OF AMENDMENTS

Chairman Towns offered an amendment in the nature of a substitute that was passed by voice vote. The Towns amendment clarifies the reporting responsibilities of OPM and GAO. Under the 

amendment, OPM must report on agency telework programs annually for the first five years following enactment and include in its 

report an evaluation of the extent to which each agency is in compliance with the Act. GAO is required to report to Congress within 

6 months after OPM’s report on the compliance of OPM and agencies and the overall progress of agencies. The amendment requires 

OMB to develop guidelines on information security protection and 

guidance requiring agencies, when purchasing computer systems, 

to purchase computer systems that enable telework unless the 

head of the agency determines that there is a mission specific reason not to do so. The amendment also gives GSA the authority to 

test innovative ways to save the government money through 

telework travel expense programs. 

Representative Connolly offered an amendment requiring the Director of OPM to conduct studies on the utilization of telework by 

public and private sector entities that identify best practices and 

recommendations for the federal government. The amendment also 

requires the Director of OPM to 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 to make any 

studies or reviews performed under this subsection available to the 

public. The Connolly amendment also provides that the Director of 

OPM may use a competitively bid contract to carry out the required studies. The Connolly amendment was adopted by a voice 

vote. 

Representative Chaffetz offered an amendment clarifying that 

the Telework Managing Officer may hold another office or position 

in an agency. The Chaffetz amendment was adopted by a voice 

vote. 

COMMITTEE CONSIDERATION

On Wednesday, April 14, 2010, the Committee met in open session and ordered H.R. 1722 to be reported, as amended, to the 

House by a voice vote. 

ROLLCALL VOTES

No rollcall votes were held. 

APPLICATION OF LAW TO THE LEGISLATIVE BRANCH

Section 102(b)(3) of Public Law 104–1 requires a description of 

the application of this bill to the legislative branch where the bill 

relates to terms and conditions of employment or access to public 

services and accommodations. H.R. 1722 relates to executive 

branch telework programs and does not apply to the legislative 

branch. 


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STATEMENT OF OVERSIGHT FINDINGS AND RECOMMENDATIONS OF

THE COMMITTEE

In compliance with clause 3(c)(1) of rule XIII and clause 2(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report including the need to improve 

agency telework programs, provide a consistent definition of telework, and establish consistent and accurate measurements of telework in the federal government. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report, including improving agency telework policies in order to allow more 

federal employees to telework, ensure agencies incorporate 

telework into continuity of operations planning, and increase the 

accountability and oversight of federal telework. 

CONSTITUTIONAL AUTHORITY STATEMENT

Under clause 3(d)(1) of rule XIII of the Rules of the House of 

Representatives, the Committee must include a statement citing 

the specific powers granted to Congress to enact the law proposed 

by H.R. 1722. Article I, Section 8, Clause 18 of the Constitution of 

the United States grants the Congress the power to enact this law. 

FEDERAL ADVISORY COMMITTEE ACT

The Committee finds that the legislation does not establish or 

authorize the establishment of an advisory committee within the 

meaning of 5 U.S.C. App., Section 5(b). 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement on whether the 

provisions of the report include unfunded mandates. In compliance 

with this requirement the Committee has received a letter from the 

Congressional Budget Office included herein. 

EARMARK IDENTIFICATION

H.R. 1722 does not include any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(e), 9(f), 

or 9(g) of rule XXI. 

COMMITTEE ESTIMATE

Clause 3(d)(2) of rule XIII of the Rules of the House of Representatives requires an estimate and a comparison by the Committee of the costs that would be incurred in carrying out H.R. 

1722. However, clause 3(d)(3)(B) of that rule provides that this requirement does not apply when the Committee has included in its 

report a timely submitted cost estimate of the bill prepared by the 


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Director of the Congressional Budget Office under section 402 of 

the Congressional Budget Act. 

BUDGET AUTHORITY AND CONGRESSIONAL BUDGET OFFICE COST

ESTIMATE

With respect to the requirements of clause 3(c)(2) of rule XIII of 

the Rules of the House of Representatives and section 308(a) of the 

Congressional Budget Act of 1974 and with respect to requirements 

of clause 3(c)(3) of rule XIII of the Rules of the House of Representatives and section 402 of the Congressional Budget Act of 1974, the 

Committee has received the following cost estimate for H.R. 1722 

from the Director of the Congressional Budget Office: 

APRIL 29, 2010. 

Hon. EDOLPHUS TOWNS, 

Chairman, Committee on Oversight and Government Reform, House 

of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 1722, the Telework Improvements Act of 2010. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Matthew Pickford. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

H.R. 1722—Telework Improvements Act of 2010 

Summary: H.R. 1722 would require executive branch agencies of 

the federal government to establish policies to determine which employees are eligible to participate in certain telework programs. 

(Telework programs enable employees to work part time from 

places other than their regular place of employment.) Under the 

legislation, agencies would designate an officer to oversee teleworking practices and would authorize trial programs to test alternative ways to compensate certain federal employees who telework. 

CBO estimates that implementing H.R. 1722 would increase the 

administrative costs of federal agencies by $2 million in 2010 and 

by $30 million over the 2010–2015 period, assuming the availability of appropriated funds. H.R. 1722 could affect direct spending by agencies not funded through annual appropriations, such as 

the Tennessee Valley Authority and the Bonneville Power Administration; therefore, pay-as-you-go procedures would apply. CBO estimates, however, that any net increase in spending for telework programs by those agencies would not be significant. Enacting H.R. 

1722 would not affect revenues. 

H.R. 1722 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 1722 is shown in the following table. The costs 

of this legislation fall within budget function 800 (general government) and all budget functions that contain salaries and expenses. 


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By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2015 2010– 

2015 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ..................................... 2 8 5 5 5 5 30 

Estimated Outlays ....................................................... 2 8 5 5 5 5 30 

Basis of estimate: For this estimate, CBO assumes that H.R. 

1722 will be enacted in fiscal year 2010 and that spending will follow historical patterns for similar activities. 

Under current law, executive branch agencies are required to establish policies for employees to participate in telework programs 

to the maximum extent possible without diminishing performance. 

The General Services Administration (GSA) and the Office of Personnel Management (OPM) provide guidance and resources to federal agencies to support telework policies. H.R. 1722 would require 

agencies to establish and implement policies to enable eligible employees to participate in telework programs and to report to the 

Congress on their efforts each year. 

Based on information from OPM and GSA, CBO estimates that 

implementing H.R. 1722 would increase administrative costs to federal agencies by about $30 million over the 2010–2015 period, assuming the availability of appropriated funds. That amount includes the cost of notifying employees of their eligibility to participate in telework programs, as well as preparing regulations, providing guidance to managers and employees, and preparing a federal study on telework. 

The legislation also would authorize a six-year trial program for 

certain employees whose telework locations are beyond the local 

commuting area of the employing agency. Under current law, if 

those employees are required to report to their official duty station 

the agency must pay for the travel. H.R. 1722 would authorize 

agencies to make such travel payments optional. Because CBO estimates that few agencies employ such long distance workers, we estimate that implementing the trial program would have no significant impact on the federal budget. 

Pay-as-you-go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget reporting and enforcement procedures 

for legislation affecting direct spending or revenues. H.R. 1722 

could affect direct spending by agencies not funded through annual 

appropriations, such as the Tennessee Valley Authority and the 

Bonneville Power Administration; therefore, pay-as-you-go procedures would apply. CBO estimates, however, that any net increase 

in spending for telework programs by those agencies would not be 

significant. Enacting H.R. 1722 would not affect revenues. The net 

budgetary changes that are subject to pay-as-you-go procedures are 

shown in the following table. 


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CBO Estimate of Pay-As-You-Go Effects for H.R. 1722, the Telework Improvements Act of 2010, 

as ordered reported by the House Committee on Oversight and Government Reform on April 

14, 2010 

By fiscal year, in millions of dollars 

2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010– 

2015 

2010– 

2020 

NET INCREASE OR DECREASE (¥) IN THE DEFICIT 

Statutory Pay-As-YouGo Impact ............. 0 0 0 0 0 0 0 0 0 0 0 0 0 

Intergovernmental and private-sector impact: H.R. 1722 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would not affect the budgets of state, local, or tribal 

governments. 

Previous CBO estimate: On June 1, 2009, CBO transmitted a 

cost estimate for S. 707, the Telework Enhancement Act of 2009, 

as ordered reported by the Senate Committee on Homeland Security and Governmental Affairs. The bills are similar but would be 

effective for different time periods. 

Estimate prepared by: Federal Costs: Matthew Pickford; Impact 

on State, Local, and Tribal Governments: Elizabeth Cove Delisle; 

Impact on the Private Sector: Paige Piper/Bach. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

Chap. Sec. 

Subpart A—General Provisions 

21. Definitions ..................................................................... 2101 

* * * * * * * 

Subpart E—Attendance and Leave 

* * * * * * * 

65. Telework ......................................................................... 6501 

* * * * * * * 

SUBPART D—PAY AND ALLOWANCES 

* * * * * * * 


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CHAPTER 57—TRAVEL, TRANSPORTATION, AND 

SUBSISTENCE 

* * * * * * * 

SUBCHAPTER I—TRAVEL AND SUBSISTENCE EXPENSES; 

MILEAGE ALLOWANCES 

* * * * * * * 

ø§ 5710. Authority for travel expenses test programs 

ø(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 agency may pay through the proper disbursing official for a period not to exceed 24 months any necessary travel expenses in lieu 

of any payment otherwise 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. 

ø(2) Any test program conducted under this section shall be designed to enhance cost savings or other efficiencies that accrue to 

the Government. 

ø(3) Nothing in this section is intended to limit the authority of 

any agency to conduct test programs. 

ø(b) The Administrator shall transmit a copy of any test program 

approved by the Administrator under this section to the appropriate committees of the Congress at least 30 days before the effective date of the program. 

ø(c) An agency authorized to conduct a test program under subsection (a) shall provide to the Administrator and the appropriate 

committees of the Congress a report on the results of the program 

no later than 3 months after completion of the program. 

ø(d) No more than 10 test programs under this section may be 

conducted simultaneously. 

ø(e) The authority to conduct test programs under this section 

shall expire 7 years after the date of the enactment of the Travel 

and Transportation Reform Act of 1998.¿ 

§ 5710. Authority for travel expense test programs 

(a)(1) Notwithstanding any other provision of this subchapter, if 

the Administrator of General Services determines it to be in the interest of Government, the Administrator may approve the request of 

an agency to operate a test program under which the agency may 

pay through the proper disbursing official any necessary travel expenses of the employee in lieu of any payment otherwise authorized 

or required under this subchapter. 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 test program. 


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(2) Any test program operated under this section shall be designed 

to enhance cost savings or other efficiencies that accrue to the Government. 

(b) The Administrator shall transmit a description of any test program approved or extended by the Administrator under this section 

to the appropriate committees of the Congress not later than 30 days 

before the program or extension takes effect. 

(c)(1) An agency operating a test program approved under this 

section shall annually submit a report on the results of the program 

to date to the Administrator. 

(2) Not later than 3 months after the conclusion of a test program 

approved under this section, the agency operating the program shall 

submit a final report on the results of the program to the Administrator and the appropriate committees of Congress. 

(d) The Administrator may approve such number of test programs 

under this section as the Administrator considers appropriate, including test programs which are carried out on a government-wide 

basis, except that the number of test programs in operation at any 

time may not exceed 12. 

(e)(1) The Administrator may not approve any test program under 

this section for an initial period of more than 2 years. 

(2) Upon a showing of enhanced cost savings, the Administrator 

may extend an approved test program for an additional period not 

to exceed 2 years. 

(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. 

(g) The authority to conduct test programs under this section 

shall expire upon the expiration of the 6-year period which begins 

on the date of the enactment of the Telework Improvements Act of 

2010. 

* * * * * * * 

SUBPART E—ATTENDANCE AND LEAVE 

* * * * * * * 

CHAPTER 65—TELEWORK 

Sec. 

6501. Definitions. 

6502. Governmentwide telework requirement. 

6503. Implementation. 

6504. Telework Managing Officer. 

6505. Evaluating telework in agencies. 

§ 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; 


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(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. 

§ 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 the eligibility of employees to 

telework is included in descriptions of available positions 

and other 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; or 

(2) prevent an agency from permitting an employee to 

telework as part of a continuity of operations plan. 

§ 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; 


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(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) PROMULGATION OF REGULATIONS BY 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 considerations relating to employee performance, 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 in, or otherwise affected by, 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; and 

(5) to safeguard wireless and other telecommunications capabilities that are used for teleworking. 


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§ 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— 


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(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. 

§ 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 


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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. 

(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. 

* * * * * * * 

SECTION 622 OF THE DEPARTMENTS OF COMMERCE, 

JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2005 

* * * * * * * 


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TITLE VI—GENERAL PROVISIONS 

* * * * * * * 

SEC. 622. The Departments of Commerce, Justice, State, the Judiciary, the Securities and Exchange Commission and the Small 

Business Administration shall, not later than two months after the 

date of the enactment of this Act, certify that telecommuting opportunities are made available to 100 percent of the eligible workforce: 

Provided, That, of the total amounts appropriated to the Departments of Commerce, Justice, State, the Judiciary, the Securities 

and Exchange Commission and the Small Business Administration, 

$5,000,000 shall be available only upon such certification: Provided 

further, That each Department or agency shall provide quarterly 

reports to the Committees on Appropriations on the status of telecommuting programs, including the number of Federal employees 

eligible for, and participating in, such programs: Provided further, 

That each Department or agency shall ødesignate a ‘‘Telework Coordinator’’ to be¿ designate a Telework Managing Officer or designate the Chief Human Capital Officer or other career employee to 

be responsible for overseeing the implementation and operations of 

telecommuting programs, and serve as a point of contact on such 

programs for the Committees on Appropriations. 

* * * * * * * 

Æ 


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