IB 

Union Calendar No. 269 

111TH CONGRESS 

2D SESSION H. R. 1722 

[Report No. 111–474] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2009 

Mr. SARBANES (for himself, Mr. WOLF, Mr. CONNOLLY of Virginia, Mr. 

LYNCH, Mr. DAVIS of Illinois, Mr. MORAN of Virginia, and Mr. 

RUPPERSBERGER) introduced the following bill; which was referred to the 

Committee on Oversight and Government Reform 

MAY 4, 2010 

Additional sponsors: Mr. WITTMAN, Mr. HIMES, Ms. ZOE LOFGREN of California, Mrs. CAPITO, Mr. DOGGETT, Mr. CUMMINGS, Ms. NORTON, and 

Mr. TOWNS

MAY 4, 2010 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 25, 2009] 


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A BILL 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Telework Improvements 

5 Act of 2010’’. 

6 SEC. 2. TELEWORK. 

7 (a) IN GENERAL.—Part III of title 5, United States 

8 Code, is amended by inserting after chapter 63 the fol9 lowing: 

10 ‘‘CHAPTER 65—TELEWORK 

‘‘Sec. 

‘‘6501. Definitions. 

‘‘6502. Governmentwide telework requirement. 

‘‘6503. Implementation. 

‘‘6504. Telework Managing Officer. 

‘‘6505. Evaluating telework in agencies. 

11 ‘‘§ 6501. Definitions 

12 ‘‘For purposes of this chapter— 

13 ‘‘(1) the term ‘agency’ means an Executive agen14 cy (as defined by section 105), except as otherwise 

15 provided in this chapter; 

16 ‘‘(2) the term ‘telework’ or ‘teleworking’ refers to 

17 a work flexibility arrangement under which an em18 ployee performs the duties and responsibilities of such 

19 employee’s position, and other authorized activities, 

20 from an approved worksite other than the location 

21 from which the employee would otherwise work; 


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1 ‘‘(3) the term ‘continuity of operations’, as used 

2 with respect to an agency, refers to measures designed 

3 to ensure that functions essential to the mission of the 

4 agency can continue to be performed during a wide 

5 range of emergencies, including localized acts of na6 ture, accidents, public health emergencies, and techno7 logical or attack-related emergencies; and 

8 ‘‘(4) the term ‘Telework Managing Officer’ 

9 means, with respect to an agency, the Telework Man10 aging Officer of the agency designated under section 

11 6504. 

12 ‘‘§ 6502. Governmentwide telework requirement 

13 ‘‘(a) TELEWORK REQUIREMENT.— 

14 ‘‘(1) IN GENERAL.—Not later than one year after 

15 the date of the enactment of this chapter, the head of 

16 each agency shall establish a policy under which em17 ployees shall be authorized to telework, subject to 

18 paragraph (2) and subsection (b). 

19 ‘‘(2) AGENCY POLICIES.—The head of each agen20 cy shall ensure— 

21 ‘‘(A) that the telework policy established 

22 under this section— 

23 ‘‘(i) conforms to the regulations pro24 mulgated by the Director of the Office of 


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1 Personnel Management under section 6503, 

2 and 

3 ‘‘(ii) authorizes employees to telework 

4 to the maximum extent possible without di5 minishing agency operations and perform6 ance; and 

7 ‘‘(B) that information on the eligibility of 

8 employees to telework is included in descriptions 

9 of available positions and other recruiting mate10 rials. 

11 ‘‘(b) PROVISIONS RELATING TO CERTAIN CIR12 CUMSTANCES.—Nothing in subsection (a) shall be consid13 ered— 

14 ‘‘(1) to require the head of an agency to author15 ize teleworking in the case of an employee whose du16 ties and responsibilities— 

17 ‘‘(A) require daily direct handling of classi18 fied information; or 

19 ‘‘(B) are such that their performance re20 quires on-site activity which cannot be carried 

21 out from a site removed from the employee’s reg22 ular place of employment; or 

23 ‘‘(2) to prevent the temporary denial of permis24 sion for an employee to telework if, in the judgment 


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1 of the agency head, the employee is needed to respond 

2 to an emergency. 

3 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this chap4 ter shall— 

5 ‘‘(1) be considered to require any employee to 

6 telework; or 

7 ‘‘(2) prevent an agency from permitting an em8 ployee to telework as part of a continuity of oper9 ations plan. 

10 ‘‘§ 6503. Implementation 

11 ‘‘(a) RESPONSIBILITIES OF AGENCIES.—The head of 

12 each agency shall ensure that— 

13 ‘‘(1) appropriate training is provided to super14 visors and managers, and to all employees who are 

15 authorized to telework, as directed by the Telework 

16 Managing Officer of such agency; 

17 ‘‘(2) the training covers the information security 

18 guidelines issued by the Director of the Office of Man19 agement and Budget under this section; 

20 ‘‘(3) no distinction is made between teleworkers 

21 and nonteleworkers for purposes of— 

22 ‘‘(A) periodic appraisals of job performance 

23 of employees, 


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1 ‘‘(B) training, rewarding, reassigning, pro2 moting, reducing in grade, retaining, or remov3 ing employees, 

4 ‘‘(C) work requirements, or 

5 ‘‘(D) other acts involving managerial dis6 cretion; 

7 ‘‘(4) in determining what constitutes diminished 

8 performance in the case of an employee who teleworks, 

9 the agency shall consult the performance management 

10 guidelines of the Office of Personnel Management; and 

11 ‘‘(5) in the case of an agency which is named in 

12 paragraph (1) or (2) of section 901(b) of title 31, the 

13 agency incorporates telework in its continuity of oper14 ations plans and uses telework in response to emer15 gencies. 

16 ‘‘(b) PROMULGATION OF REGULATIONS BY OPM.—The 

17 Director of the Office of Personnel Management shall— 

18 ‘‘(1) not later than 180 days after the date of the 

19 enactment of this chapter, in consultation with the 

20 Administrator of General Services, promulgate regu21 lations necessary to carry out this chapter, except that 

22 such regulations shall not apply with respect to the 

23 Government Accountability Office; 

24 ‘‘(2) provide advice, assistance, and any nec25 essary training to agencies with respect to the reVerDate Mar 15 2010 22:51 May 04, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H1722.RH H1722

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1 quirements of this chapter, including with respect 

2 to— 

3 ‘‘(A) questions of eligibility to telework, 

4 such as considerations relating to employee per5 formance, and 

6 ‘‘(B) making telework part of the agency’s 

7 goals, including those of individual supervisors 

8 and managers; and 

9 ‘‘(3) in consultation with the Administrator of 

10 General Services, maintain a central, publicly avail11 able telework website that includes— 

12 ‘‘(A) any regulations relating to telework 

13 and any other information the Director considers 

14 appropriate, 

15 ‘‘(B) an e-mail address which may be used 

16 to submit comments to the Director on agency 

17 telework programs or agreements, and 

18 ‘‘(C) a copy of all reports issued under sec19 tion 6505(a). 

20 ‘‘(c) SECURITY GUIDELINES.—The Director of the Of21 fice of Management and Budget, in coordination with the 

22 National Institute of Standards and Technology, shall issue 

23 guidelines not later than 180 days after the date of the en24 actment of this chapter to ensure the adequacy of informa25 tion and security protections for information and informaVerDate Mar 15 2010 22:51 May 04, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H1722.RH H1722

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1 tion systems used in, or otherwise affected by, teleworking. 

2 Such guidelines shall, at a minimum, include requirements 

3 necessary— 

4 ‘‘(1) to control access to agency information and 

5 information systems; 

6 ‘‘(2) to protect agency information (including 

7 personally identifiable information) and information 

8 systems; 

9 ‘‘(3) to limit the introduction of vulnerabilities; 

10 ‘‘(4) to protect information systems not under 

11 the control of the agency that are used for teleworking; 

12 and 

13 ‘‘(5) to safeguard wireless and other tele14 communications capabilities that are used for tele15 working. 

16 ‘‘§ 6504. Telework Managing Officer 

17 ‘‘(a) DESIGNATION AND COMPENSATION.—Each agen18 cy shall designate an officer, to be known as the ‘Telework 

19 Managing Officer’. The Telework Managing Officer of an 

20 agency shall be designated— 

21 ‘‘(1) by the Chief Human Capital Officer of such 

22 agency; or 

23 ‘‘(2) if the agency does not have a Chief Human 

24 Capital Officer, by the head of such agency. 


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1 ‘‘(b) STATUS WITHIN AGENCY.—The Telework Man2 aging Officer of an agency shall be a senior official of the 

3 agency who has direct access to the head of the agency. 

4 ‘‘(c) LIMITATIONS.—An individual may not hold the 

5 position of Telework Managing Officer as a noncareer ap6 pointee (as defined in section 3132(a)(7)), and such posi7 tion may not be considered or determined to be of a con8 fidential, policy-determining, policy-making, or policy ad9 vocating character. 

10 ‘‘(d) DUTIES AND RESPONSIBILITIES.—Each Telework 

11 Managing Officer of an agency shall— 

12 ‘‘(1) provide advice on teleworking to the head of 

13 such agency and to the Chief Human Capital Officer 

14 of such agency (if any); 

15 ‘‘(2) serve as a resource on teleworking for super16 visors, managers, and employees of such agency; 

17 ‘‘(3) serve as the primary point of contact on 

18 telework matters for agency employees and (with re19 spect to such agency) for Congress and other agencies; 

20 ‘‘(4) work with senior management of the agency 

21 to develop and implement a plan to incorporate 

22 telework into the agency’s regular business strategies 

23 and its continuity of operations strategies, taking 

24 into consideration factors such as— 

25 ‘‘(A) cost-effectiveness, 


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1 ‘‘(B) equipment, 

2 ‘‘(C) training, and 

3 ‘‘(D) data collection; 

4 ‘‘(5) ensure that the agency’s telework policy is 

5 communicated effectively to employees; 

6 ‘‘(6) ensure that electronic or written notification 

7 is provided to each employee of specific telework pro8 grams and the agency’s telework policy, including au9 thorization criteria and application procedures; 

10 ‘‘(7) develop and administer a tracking system 

11 for compliance with Governmentwide telework report12 ing requirements; 

13 ‘‘(8) provide to the Director of the Office of Per14 sonnel Management and the Comptroller General such 

15 information as such individuals may require to pre16 pare the reports required under section 6505, includ17 ing the techniques used to verify and validate data on 

18 telework, except that this paragraph shall not apply 

19 with respect to the Government Accountability Office; 

20 ‘‘(9) establish a system for receiving feedback 

21 from agency employees on the telework policy of the 

22 agency; 

23 ‘‘(10) develop and implement a program to iden24 tify and remove barriers to telework and to maximize 

25 telework opportunities in the agency; 


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1 ‘‘(11) track and retain information on all deni2 als of permission to telework for employees who are 

3 authorized to telework, and report such information 

4 on an annual basis to— 

5 ‘‘(A) the Chief Human Capital Officer of 

6 such agency (or, if the agency does not have a 

7 Chief Human Capital Officer, the head of such 

8 agency), and 

9 ‘‘(B) the Director of the Office of Personnel 

10 Management, for purposes of preparing the re11 ports required under section 6505(a), except that 

12 this subparagraph shall not apply with respect 

13 to the Government Accountability Office; 

14 ‘‘(12) ensure that employees are notified of griev15 ance procedures available to them (if any) with re16 spect to any disputes that relate to telework; and 

17 ‘‘(13) perform such other duties and responsibil18 ities relating to telework as the head of the agency 

19 may require. 

20 ‘‘(e) RULE OF CONSTRUCTION REGARDING STATUS OF

21 TELEWORK MANAGING OFFICER.—Nothing in this section 

22 shall be construed to prohibit an individual who holds an23 other office or position in an agency from serving as the 

24 Telework Managing Officer for the agency under this chap25 ter. 


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1 ‘‘§ 6505. Evaluating telework in agencies 

2 ‘‘(a) ANNUAL REPORT BY OPM.— 

3 ‘‘(1) IN GENERAL.—The Director of the Office of 

4 Personnel Management shall submit to the Comp5 troller General and the appropriate committees of 

6 Congress a report evaluating the extent to which each 

7 agency is in compliance with this chapter with re8 spect to the period covered by the report, and shall in9 clude in the report an evaluation of each of the fol10 lowing: 

11 ‘‘(A) The degree of participation by employ12 ees of the agency in teleworking during the pe13 riod. In the case of an agency which is an Exec14 utive department, the evaluation will include the 

15 degree of participation by employees of each 

16 component within the department, including— 

17 ‘‘(i) the total number of employees in 

18 the agency; 

19 ‘‘(ii) the number and percentage of 

20 such employees who are eligible to telework; 

21 and 

22 ‘‘(iii) the number and percentage of 

23 such employees who do telework, broken 

24 down by the number and percentage who 

25 telework 3 or more days per week, one or 


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1 two days per week, and less frequently than 

2 one day per week. 

3 ‘‘(B) The method the agency uses to gather 

4 data on telework and the techniques used to 

5 verify and validate such data. 

6 ‘‘(C) Whether the total number of employees 

7 who telework is at least 10% higher or lower 

8 than the number who teleworked during the pre9 vious reporting period and the reasons identified 

10 for any such change. 

11 ‘‘(D) The agency’s goal for increasing the 

12 number of employees who telework in the next re13 porting period. 

14 ‘‘(E) The extent to which the agency met the 

15 goal described in subparagraph (D) for its pre16 vious report, and, if the agency failed to meet the 

17 goal, the actions the agency plans to take to meet 

18 the goal for the next reporting period. 

19 ‘‘(F) The best practices in agency telework 

20 programs. 

21 ‘‘(G) In the case of an agency which is 

22 named in paragraph (1) or (2) of section 901(b) 

23 of title 31, the extent to which the agency incor24 porated telework in its continuity of operations 


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1 plans and used telework in response to emer2 gencies. 

3 ‘‘(2) MINIMUM REQUIREMENT FOR COMPLI4 ANCE.—For purposes of the reports required under 

5 this subsection, the Director shall determine that an 

6 agency is in compliance with the requirements of this 

7 chapter if the Director finds that the agency— 

8 ‘‘(A) reported the requested data accurately 

9 and in a timely manner; and 

10 ‘‘(B) either met or exceeded the agency’s es11 tablished telework goals, or provided expla12 nations as to why the goals were not met as well 

13 as the steps the agency is taking to meet the 

14 goals. 

15 ‘‘(3) REPORTING PERIOD; TIMING.—The Director 

16 shall submit a report under this subsection with re17 spect to the first 1-year period for which the regula18 tions promulgated by the Director under section 

19 6503(b) are in effect and each of the 4 succeeding 1- 

20 year periods, and shall submit the report with respect 

21 to a period not later than 6 months after the last day 

22 of the period to which the report relates. 

23 ‘‘(4) EXCLUSION OF GOVERNMENT ACCOUNT24 ABILITY OFFICE.—The Director shall not submit a reVerDate Mar 15 2010 22:51 May 04, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6203 E:\BILLS\H1722.RH H1722

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1 port under this subsection with respect to the Govern2 ment Accountability Office. 

3 ‘‘(b) REPORTS BY COMPTROLLER GENERAL.— 

4 ‘‘(1) EVALUATIONS OF REPORTS BY DIRECTOR OF

5 OPM.—Not later than 6 months after the Director sub6 mits a report under subsection (a), the Comptroller 

7 General shall review the report and submit a report 

8 to the appropriate committees of Congress. The report 

9 shall evaluate the compliance of the Office of Per10 sonnel Management and agencies with this chapter 

11 and address the overall progress of agencies in car12 rying out this chapter, and shall include such other 

13 information and recommendations as the Comptroller 

14 General considers appropriate. 

15 ‘‘(2) REPORTS ON GOVERNMENT ACCOUNTABILITY

16 OFFICE.—The Comptroller General shall submit a re17 port with respect to the Government Accountability 

18 Office in the same manner and in accordance with 

19 the same requirements applicable to a report sub20 mitted by the Director with respect to any other agen21 cy under subsection (a). 

22 ‘‘(c) APPROPRIATE COMMITTEES OF CONGRESS DE23 FINED.—In this section, the term ‘appropriate committees 

24 of Congress’ means— 


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1 ‘‘(1) the Committee on Oversight and Govern2 ment Reform of the House of Representatives; and 

3 ‘‘(2) the Committee on Homeland Security and 

4 Governmental Affairs of the Senate.’’. 

5 (b) TECHNICAL AND CONFORMING AMENDMENTS.—(1) 

6 The analysis for part III of title 5, United States Code, 

7 is amended by inserting after the item relating to chapter 

8 63 the following: 

‘‘65. Telework .............................................................................................. 6501’’. 

9 (2) Section 622 of the Departments of Commerce, Jus10 tice, and State, the Judiciary, and Related Agencies Appro11 priations Act, 2005, as contained in the Consolidated Ap12 propriations Act, 2005 (5 U.S.C. 6120 note) is amended 

13 by striking ‘‘designate a ‘Telework Coordinator’ to be’’ and 

14 inserting ‘‘designate a Telework Managing Officer or des15 ignate the Chief Human Capital Officer or other career em16 ployee to be’’. 

17 SEC. 3. POLICY GUIDANCE. 

18 Not later than the expiration of the 120-day period 

19 which begins on the date of the enactment of this Act, the 

20 Director of the Office of Management and Budget shall issue 

21 policy guidance requiring each Executive agency (as such 

22 term is defined in section 105 of title 5, United States 

23 Code), when purchasing computer systems, to purchase 

24 computer systems that enable and support telework, unless 


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1 the head of the agency determines that there is a mission2 specific reason not to do so. 

3 SEC. 4. TRAVEL EXPENSE TEST PROGRAMS. 

4 Section 5710 of title 5, United States Code, is amended 

5 to read as follows: 

6 ‘‘§ 5710. Authority for travel expense test programs 

7 ‘‘(a)(1) Notwithstanding any other provision of this 

8 subchapter, if the Administrator of General Services deter9 mines it to be in the interest of Government, the Adminis10 trator may approve the request of an agency to operate a 

11 test program under which the agency may pay through the 

12 proper disbursing official any necessary travel expenses of 

13 the employee in lieu of any payment otherwise authorized 

14 or required under this subchapter. Under an approved test 

15 program, an agency may provide an employee with the op16 tion to waive any payment authorized or required under 

17 this subchapter. An agency shall include in any request to 

18 the Administrator for approval of such a test program an 

19 analysis of the expected costs and benefits and a set of cri20 teria for evaluating the effectiveness of the test program. 

21 ‘‘(2) Any test program operated under this section 

22 shall be designed to enhance cost savings or other efficiencies 

23 that accrue to the Government. 

24 ‘‘(b) The Administrator shall transmit a description 

25 of any test program approved or extended by the AdminisVerDate Mar 15 2010 22:51 May 04, 2010 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6203 E:\BILLS\H1722.RH H1722

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1 trator under this section to the appropriate committees of 

2 the Congress not later than 30 days before the program or 

3 extension takes effect. 

4 ‘‘(c)(1) An agency operating a test program approved 

5 under this section shall annually submit a report on the 

6 results of the program to date to the Administrator. 

7 ‘‘(2) Not later than 3 months after the conclusion of 

8 a test program approved under this section, the agency op9 erating the program shall submit a final report on the re10 sults of the program to the Administrator and the appro11 priate committees of Congress. 

12 ‘‘(d) The Administrator may approve such number of 

13 test programs under this section as the Administrator con14 siders appropriate, including test programs which are car15 ried out on a government-wide basis, except that the number 

16 of test programs in operation at any time may not exceed 

17 12. 

18 ‘‘(e)(1) The Administrator may not approve any test 

19 program under this section for an initial period of more 

20 than 2 years. 

21 ‘‘(2) Upon a showing of enhanced cost savings, the Ad22 ministrator may extend an approved test program for an 

23 additional period not to exceed 2 years. 

24 ‘‘(f) In this section, the term ‘appropriate committees 

25 of Congress’ means the Committee on Oversight and GovernVerDate Mar 15 2010 22:51 May 04, 2010 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H1722.RH H1722

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1 ment Reform of the House of Representatives and the Com2 mittee on Homeland Security and Governmental Affairs of 

3 the Senate. 

4 ‘‘(g) The authority to conduct test programs under this 

5 section shall expire upon the expiration of the 6-year period 

6 which begins on the date of the enactment of the Telework 

7 Improvements Act of 2010.’’. 

8 SEC. 5. TELEWORK RESEARCH. 

9 (a) RESEARCH BY OPM ON TELEWORK.—The Director 

10 of the Office of Personnel Management shall— 

11 (1) conduct studies on the utilization of telework 

12 by public and private sector entities that identify best 

13 practices and recommendations for the Federal gov14 ernment; 

15 (2) review the outcomes associated with an in16 crease in telework, including the effects of telework on 

17 energy consumption, the environment, job creation 

18 and availability, urban transportation patterns, and 

19 the ability to anticipate the dispersal of work during 

20 periods of emergency; and 

21 (3) make any studies or reviews performed under 

22 this subsection available to the public. 

23 (b) USE OF CONTRACT TO CARRY OUT RESEARCH.— 

24 The Director of the Office of Personnel Management may 


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1 carry out subsection (a) pursuant to a contract entered into 

2 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.’’. 


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Union Calendar No. 269 

111TH CONGRESS 

2D SESSION H. R. 1722 

[Report No. 111–474] 

A BILL 

To improve teleworking in executive agencies by defor other purposes. worked in every 2 administrative workweeks, and ees to telework at least 20 percent of the hours veloping a telework program that allows employMAY 4, 2010 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Mar 15 2010 22:51 May 04, 2010 Jkt 089200 PO 00000 Frm 00022 Fmt 6651 Sfmt 6651 E:\BILLS\H1722.RH H1722

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