69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–663 

TELEWORK IMPROVEMENTS ACT OF 2008 

MAY 21, 2008.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. WAXMAN, from the Committee on Oversight and Government 

Reform, submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 4106] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Oversight and Government Reform, to whom 

was referred the bill (H.R. 4106) 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 an amendment and 

recommend that the bill as amended do pass. 

CONTENTS 

Page 

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

Background and Need for Legislation .................................................................... 6 

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

Section-By-Section ................................................................................................... 8 

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

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

Roll Call Votes ......................................................................................................... 13 

Application of Law to the Legislative Branch ....................................................... 13 

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 Mandates Statement .............................................................................. 13 

Earmark Identification ............................................................................................ 14 

Committee Estimate ................................................................................................ 14 

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


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Changes in Existing Law Made by the Bill, as Reported ..................................... 15 

Additional Views ...................................................................................................... 23 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Telework Improvements Act of 2008’’. 

SEC. 2. TELEWORKING. 

(a) IN GENERAL.—Part III of title 5, United States Code, is amended by inserting 

after chapter 63 the following: 

‘‘CHAPTER 65—TELEWORKING 

‘‘Sec. 

‘‘6501. Definitions. 

‘‘6502. Governmentwide teleworking requirement. 

‘‘6503. Implementation. 

‘‘6504. Telework Managing Officer. 

‘‘6505. Annual telework agency rating. 

‘‘6506. Continuity of operations. 

‘‘§ 6501. Definitions 

‘‘For purposes of this chapter—

‘‘(1) the term ‘agency’ means an Executive agency (as defined by section 105), 

except as provided in section 6506(c); 

‘‘(2) the term ‘telework’ or ‘teleworking’ refers to a work arrangement under 

which an employee regularly performs the duties and responsibilities of such 

employee’s position, and other authorized activities, from home or another 

worksite removed from the employee’s regular place of employment; 

‘‘(3) the term ‘continuity of operations’ refers to the preparations and institutions maintained by the Government to provide for the continuation of Government operations in the event of a catastrophe; and 

‘‘(4) the term ‘catastrophe’ includes—

‘‘(A) a national emergency declared by the President under the National 

Emergencies Act; 

‘‘(B) an emergency or major disaster declared by the President under the 

Robert T. Stafford Disaster Relief and Emergency Assistance Act; and 

‘‘(C) a public health emergency declared by the Secretary of Health and 

Human Services under section 319 of the Public Health Service Act. 

‘‘§ 6502. Governmentwide teleworking requirement 

‘‘(a) TELEWORKING REQUIREMENT.—

‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment 

of this chapter, the head of each agency shall establish a policy under which 

employees shall be authorized to telework, subject to paragraph (2) and subsection (b). 

‘‘(2) REGULATIONS.—The policy of each agency under this subsection—

‘‘(A) shall be in conformance with regulations which the Administrator of 

General Services shall, within 120 days after the date of the enactment of 

this chapter and in coordination with the Office of Personnel Management, 

prescribe for purposes of this subsection; and 

‘‘(B) shall ensure that employees who are authorized to telework will be 

allowed to do so—

‘‘(i) to the maximum extent possible; and 

‘‘(ii) without diminishing employee performance or agency operations. 

‘‘(b) TREATMENT OF 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 access to classified information; 

‘‘(B) require daily face-to-face contact with members of the public or other 

persons, or the use of equipment, at the employee’s regular place of employment; or 

‘‘(C) are such that their performance from a site removed from the employee’s regular place of employment is not feasible; or 

‘‘(2) to prevent the temporary denial of permission for an employee to 

telework if, in the judgment of the agency head—

‘‘(A) the employee is needed to respond to an emergency; 

‘‘(B) the employee requires additional training; or 


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‘‘(C) the denial is necessary, for a specific or ascertainable period of time, 

to achieve goals and objectives of programs administered by the agency. ‘‘(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 

‘‘In order to carry out the purposes of this chapter— ‘‘(1) the head of each agency shall ensure that— ‘‘(A) appropriate training is provided to supervisors and managers and to 

all employees who are authorized to telework; and ‘‘(B) no distinction is made between teleworkers and nonteleworkers for 

purposes of performance appraisals; ‘‘(2) the General Services Administration, in coordination with the Office of 

Personnel Management, shall provide advice, assistance, and, to the extent necessary, training to agencies, including with respect to— ‘‘(A) questions of eligibility to telework, including considerations relating 

to employee performance; and ‘‘(B) making teleworking part of the agency’s goals, including those of individual supervisors and managers; ‘‘(3) the General Services Administration, in coordination with the Office of 

Management and Budget and the National Institute of Standards and Technology, shall prescribe regulations, within 120 days after the date of the enactment of this chapter, to ensure the adequacy of information and security protections for information and information systems used in, or otherwise affected by, 

teleworking; such regulations shall be consistent with information security policies and guidance issued by the Office of Management and Budget and the National Institute of Standards and Technology, and shall, at a minimum, include 

requirements necessary— ‘‘(A) to control access to agency information and information systems; 

‘‘(B) to protect agency information (including personally identifiable information) and information systems; ‘‘(C) to limit the introduction of vulnerabilities; 

‘‘(D) to protect information systems not under the control of the agency 

that are used for teleworking; and ‘‘(E) to safeguard the use of wireless and other telecommunications capabilities used for telework purposes; and ‘‘(4) the General Services Administration shall— ‘‘(A) maintain a central, publicly available telework website; and 

‘‘(B) include on that website any regulations relating to teleworking and 

any other information the General Services Administration considers appropriate. 

‘‘§ 6504. Telework Managing Officer 

‘‘(a) APPOINTMENT AND COMPENSATION.— ‘‘(1) IN GENERAL.—There may be within each agency an officer to be known 

as the ‘Telework Managing Officer’. The Telework Managing Officer of an agency— ‘‘(A) shall be appointed— ‘‘(i) by the Chief Human Capital Officer of such agency; or 

‘‘(ii) if none, by the head of such agency; and ‘‘(B) shall be compensated at a rate not less than the minimum rate of 

basic pay for grade GS–15 of the General Schedule. ‘‘(2) WAIVER.—The Administrator of General Services may waive the minimum rate requirement under paragraph (1)(B) with respect to an agency if 

such agency has fewer than 100 employees (determined on a full-time equivalent basis) and the head of such agency certifies that being required to comply 

with paragraph (1)(B) would adversely impact agency operations. ‘‘(b) LIMITATIONS.—An individual may not hold the position of Telework Managing 

Officer as a noncareer appointee (as defined in section 3132(a)(7)), and such position 

may not be considered or determined to be of a confidential, policy-determining, policy-making, or policy-advocating character. 

‘‘(c) DUTIES AND RESPONSIBILITIES.—The duties and responsibilities of the 

Telework Managing Officer of an agency shall be as follows: 

‘‘(1) Serving as—

‘‘(A) an advisor on teleworking to the head of such agency and to the 

Chief Human Capital Officer of such agency (if any); 

‘‘(B) a resource on teleworking for supervisors, managers, and employees 

of such agency; and 


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‘‘(C) the agency’s primary point of contact on teleworking matters for employees of such agency, Congress, and other agencies. 

‘‘(2) Ensuring that the agency’s teleworking policy is communicated effectively 

to employees. 

‘‘(3) Ensuring that electronic or written notification is provided to each employee of specific telework programs and the agency’s teleworking policy, including authorization criteria and application procedures. 

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

‘‘(5) Providing to the Comptroller General and to the Administrator of General 

Services such information as the Comptroller General may require to prepare 

the annual reports under section 6505(b). 

‘‘(6) Establishing a system for receiving feedback from agency employees on 

the agency’s teleworking policy. 

‘‘(7) Developing and implementing a program to identify and remove barriers 

to teleworking and to maximize teleworking opportunities in the agency. 

‘‘(8) Ensuring that employees are notified of grievance procedures available to 

them (if any) with respect to any disputes that relate to teleworking. 

‘‘(9) Performing such other duties and responsibilities relating to teleworking 

as the head of the agency may require. 

‘‘(d) ALTERNATIVE TO TELEWORK MANAGING OFFICER.—If no Telework Managing 

Officer is appointed under subsection (a) with respect to an agency, the duties and 

responsibilities of a Telework Managing Officer shall be carried out by the Chief 

Human Capital Officer of, or a career employee in, such agency, as determined by 

the agency head. 

‘‘§ 6505. Annual telework agency rating 

‘‘(a) IN GENERAL.—The Comptroller General shall establish a system for evaluating—

‘‘(1) the teleworking policy of each agency; and 

‘‘(2) employee participation in telework programs at each agency. 

‘‘(b) ANNUAL REPORT.—The Comptroller General shall, based on the system established under subsection (a), submit an annual report to the Committee on Oversight 

and Government Reform of the House of Representatives and the Committee on 

Homeland Security and Governmental Affairs of the Senate. Each report under this 

subsection shall, with respect to the period covered by such report—

‘‘(1) evaluate the teleworking policy of each agency; 

‘‘(2) for each agency, indicate the total number of employees in such agency 

and identify—

‘‘(A) the number and percentage of employees who were eligible to 

telework; 

‘‘(B) the number and percentage of employees who teleworked an average 

of at least once a week on a regular basis, determined based on time spent 

actually teleworking; 

‘‘(C) the number and percentage of employees who teleworked an average 

of at least 20 percent of the hours that they worked in every 2 administrative workweeks, determined based on time spent actually teleworking; 

‘‘(D) the number and percentage of employees who teleworked at least 

once a month on a regular basis, determined based on time spent actually 

teleworking; 

‘‘(E) the number and percentage of employees who were not authorized 

to telework and the reasons why they were not so authorized; 

‘‘(F) the number and percentage of employees who were authorized to 

telework and then later stopped teleworking, the reasons why those employees stopped teleworking, and whether their stopping was voluntary or 

due to other factors, such as office coverage needs or productivity; 

‘‘(G) the extent to which barriers to maximizing teleworking opportunities 

have been identified and eliminated; 

‘‘(H) the impact (if any) of the agency’s teleworking policy on the recruitment and retention of employees; 

‘‘(I) the impact (if any) of the agency’s teleworking policy on the performance of agency employees; and 

‘‘(J) the level of employee satisfaction with the agency’s teleworking policy, determined based on employee feedback; 

‘‘(3) evaluate the compliance of each agency with the requirements of this 

chapter; and 

‘‘(4) identify best practices in agency teleworking programs. 

A report under this subsection shall be submitted for the year in which the regulations under section 6502(a)(2)(A) take effect and for each of the 4 succeeding years. 


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Each such report shall be submitted within 6 months after the end of the year to 

which it relates. 

‘‘(c) MINIMUM REQUIREMENT FOR COMPLIANCE.—For purposes of subsection (b)(3), 

an agency shall not be considered to be in compliance with the requirements of this 

chapter unless the employees of such agency who were authorized to telework were 

permitted to telework for at least 20 percent of the hours that they worked in every 

2 administrative workweeks (disregarding any workweeks for which such employees 

did not submit a request or for which they were otherwise ineligible to telework). 

‘‘§ 6506. Continuity of operations 

‘‘(a) IN GENERAL.—The head of each agency shall ensure that—

‘‘(1) to the maximum extent practicable, teleworking is incorporated into the 

continuity of operations planning of such agency; and 

‘‘(2) mission critical personnel, as determined by the head of such agency, are 

equipped to telework in time of a catastrophe. 

‘‘(b) COORDINATION RULE.—The continuity of operations plan of an agency shall 

supersede any teleworking policy of such agency to the extent that they are inconsistent with one another. 

‘‘(c) AGENCY DEFINED.—For purposes of carrying out subsection (a)(2), the term 

‘agency’ means an agency named in paragraph (1) or (2) of section 901(b) of title 

31.’’. 

(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. Teleworking ................................................................................................................................................ 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 ‘‘appoint or designate a 

Telework Managing Officer to be’’. 

SEC. 3. CHIEF HUMAN CAPITAL OFFICERS COUNCIL. 

(a) IN GENERAL.—Chapter 14 of title 5, United States Code, is amended by adding 

at the end the following: 

‘‘SUBCHAPTER II—CHIEF HUMAN CAPITAL OFFICERS COUNCIL 

‘‘§ 1421. Chief Human Capital Officers Council 

‘‘(a) ESTABLISHMENT.—There is established a Chief Human Capital Officers Council, consisting of—

‘‘(1) the Director of the Office of Personnel Management, who shall act as 

chairperson of the Council; 

‘‘(2) the Deputy Director for Management of the Office of Management and 

Budget, who shall act as vice chairperson of the Council; 

‘‘(3) the Administrator of General Services; and 

‘‘(4) the Chief Human Capital Officers of Executive departments and any 

other members who are designated by the Director of the Office of Personnel 

Management. 

‘‘(b) FUNCTIONS.—The Chief Human Capital Officers Council shall meet periodically to advise and coordinate the activities of the agencies of its members on such 

matters as modernization of human resources systems, improved quality of human 

resources information, teleworking (as defined by section 6501), and legislation affecting human resources operations and organizations. 

‘‘(c) EMPLOYEE LABOR ORGANIZATIONS AT MEETINGS.—The Chief Human Capital 

Officers Council shall ensure that representatives of Federal employee labor organizations are present at a minimum of 1 meeting of the Council each year. Such representatives shall not be members of the Council. 

‘‘(d) ANNUAL REPORT.—Each year, the Chief Human Capital Officers Council shall 

submit a report to Congress on the activities of the Council.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.—(1) Chapter 14 of title 5, United 

States Code, is amended by striking the matter before section 1401 and inserting 

the following: 

‘‘CHAPTER 14—CHIEF HUMAN CAPITAL OFFICERS 

‘‘SUBCHAPTER I—AGENCY CHIEF HUMAN CAPITAL OFFICERS

‘‘Sec. 

‘‘1401. Establishment of agency Chief Human Capital Officers. 

‘‘1402. Authority and functions of agency Chief Human Capital Officers. 


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‘‘SUBCHAPTER II—CHIEF HUMAN CAPITAL OFFICERS COUNCIL

‘‘1421. Chief Human Capital Officers Council. 

‘‘SUBCHAPTER I—AGENCY CHIEF HUMAN CAPITAL OFFICERS’’. 

(2) The analysis for part II of title 5, United States Code, is amended by striking 

the item relating to chapter 14 and inserting the following: 

‘‘14. Chief Human Capital Officers ................................................................................................................ 1401’’. 

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

SEC. 4. REPORTING REQUIREMENT. 

(a) INCORPORATION OF TELEWORKING INTO CONTINUITY OF OPERATIONS PLAN- NING.—Within 12 months after the effective date of the regulations under section 

6502(a)(2)(A) of title 5, United States Code (as amended by section 2), the General 

Services Administration, in coordination with the Office of Personnel Management, 

the Federal Emergency Management Agency, and the Chief Human Capital Officers 

Council, shall report to the appropriate committees of Congress on the incorporation 

of teleworking into agencies’ continuity of operations planning, including— (1) the extent to which such incorporation has occurred within each of the respective agencies; 

(2) the extent to which each agency has conducted continuity of operations 

tests and exercises incorporating teleworking for essential and non-essential 

personnel; 

(3) the extent to which agencies have used teleworking in response to emergencies; and 

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

(b) DEFINITIONS.—For purposes of this section—

(1) the term ‘‘appropriate committees of Congress’’ means the Committee on 

Oversight and Government Reform of the House of Representatives and the 

Committee on Homeland Security and Governmental Affairs of the Senate; 

(2) the terms ‘‘teleworking’’ and ‘‘continuity of operations’’ have the meanings 

given those terms by section 6501 of title 5, United States Code (as amended 

by section 2); and 

(3) the term ‘‘agency’’ means an Executive agency (as defined by section 105 

of title 5, United States Code), excluding any having fewer than 100 employees 

(as defined by section 2105 of such title), determined on a full-time equivalent 

basis. 

PURPOSE AND SUMMARY

H.R. 4106, the Telework Improvements Act of 2008, was introduced on November 7, 2007, by Reps. Danny K. Davis, John P. Sarbanes, Henry A. Waxman, Tom Davis, Frank R. Wolf, Elijah E. 

Cummings, and Eleanor Holmes Norton. The bill requires the head 

of each agency to establish a policy that allows authorized employees to telework, requires the General Services Administration 

(GSA) to issue guidance on issues related to telework, creates the 

position of Telework Managing Officer, requires the Government 

Accountability Office (GAO) to evaluate and report on agency 

telework programs, and requires agencies to incorporate telework 

into their continuity of operations planning. 

BACKGROUND AND NEED FOR LEGISLATION

Every executive agency is required to have policies in place that 

allow eligible employees to telework. 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 withVerDate Aug 31 2005 01:25 May 24, 2008 Jkt 069006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR663.XXX HR663

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

2007). 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). 

out diminished employee performance.’’ According to a status report released by OPM in 2007, however, only 6% of federal employees participated in telework programs in 2006.1

On May 7, 2007, Representatives Danny Davis, Marchant, Waxman, and Tom Davis sent a letter to 25 federal departments and 

agencies requesting information on the telework programs of those 

agencies. The information collected from the surveyed agencies 

showed 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. 4106 defines telework and requires GAO to evaluate agency 

telework programs and to track data such as the number of employees actually teleworking and the number of employees teleworking for certain minimum amounts of time. The bill sets a consistent standard for telework by providing that an agency will only 

be considered to be in compliance with the bill’s requirements if 

employees who are authorized to telework are permitted to 

telework at least 20% of the hours worked in every two workweeks. 

One of the most frequently cited barriers to telework is resistance from management. H.R. 4106 requires agencies to provide 

telework training for managers, supervisors, and teleworking employees. The bill also requires GAO to evaluate the extent to which 

barriers to maximizing teleworking opportunities have been identified and eliminated. 

An important consideration for agency telework programs is ensuring the security of government information. In February 2008, 

before the Subcommittee on Information Policy, Census, and National Archives, GAO testified that agencies have not fully implemented agencywide information security programs, putting federal 

information at increased risk. 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). A 2007 Committee investigation revealed that sensitive personal and government documents were readily available 

through the P2P file sharing networks. On July 24, 2007, the Committee held a hearing on inadvertent file sharing over P2P networks and the impacts of such sharing on consumers, corporations 

and government entities. At the hearing, government and independent witnesses testified that sensitive information is continuously being released across P2P networks. H.R. 4106 requires GSA, 

in coordination with the Office of Management and Budget and 


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NIST, to issue regulations 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. In response to the May 2007 letter from 

the Committee, some agencies reported that they have performed 

demonstration exercises using telework as a component of continuity of operations planning, while many others have not. A number of agencies have used telework to respond to real emergencies 

such as Hurricanes Katrina and Rita. H.R. 4106 requires larger 

agencies, to the extent they are able, to incorporate telework into 

their continuity of operations planning. The bill also requires GSA, 

in coordination with other relevant agencies, to report to Congress 

on the extent to which agencies have incorporated telework into 

their continuity of operations planning and the extent to which 

agencies have conducted continuity of operations tests using 

telework. 

LEGISLATIVE HISTORY

H.R. 4106, the Telework Improvements Act of 2008, was introduced by Rep. Danny K. Davis, John P. Sarbanes, Henry A. Waxman, Tom Davis, Frank R. Wolf, Elijah E. Cummings, and Eleanor 

Holmes Norton on November 7, 2007, and referred to the Committee on Oversight and Government Reform. 

The Subcommittee on Federal Workforce, Post Office, and the 

District of Columbia held a hearing on telework issues on November 6, 2007. The Subcommittee held a business meeting to consider 

H.R. 4106 on February 28, 2008, and forwarded the bill, 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. 

SECTION-BY-SECTION

Section 1: Short title 

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

‘‘Telework Improvements Act of 2008.’’

Section 2: Teleworking 

Subsection (a) creates a new chapter 65 in title 5 that includes 

6 new sections, 6501–6506. 

The new section 6501 includes the following definitions: 

The term ‘‘agency’’ means an executive agency, except as provided in section 6506(c). 

The term ‘‘telework’’ or ‘‘teleworking’’ means a work arrangement 

under which an employee regularly performs the duties and responsibilities of the employee’s position, and other authorized activities, from home or another worksite removed from the employee’s regular place of employment. Under this section, teleworking 

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 the preparations 

and institutions maintained by the government to provide for the 


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continuation of government operations in the event of a catastrophe. 

The term ‘‘catastrophe’’ includes an emergency declared by the 

president under the National Emergencies Act or the Stafford Disaster Relief and Emergency Assistance Act or a public health emergency declared by the secretary of the Department of Health and 

Human Services. 

The new section 6502 requires the head of each agency to establish a policy that authorizes employees to telework. 

Section 6502(a) requires agencies to establish such policies within six months of enactment. Section 6502(a) also requires GSA, in 

coordination with OPM, to issue regulations on telework within 

four months of enactment and requires agency telework policies to 

be consistent with those regulations. Agency policies must ensure 

that authorized employees are allowed to telework to the maximum 

extent possible without diminishing employee performance or agency operations. 

Under section 6502(b), an agency may deny authorization to 

telework to any employee whose duties require the employee to be 

at his or her regular place of employment every day. Such duties 

include daily access to classified information, daily face-to-face contact with members of the public, and the use of on-site equipment. 

This language does not preclude an agency from allowing an employee to telework if the employee’s duties fall into the specified 

categories. This decision is left to the discretion of the agency. 

An agency may also temporarily deny an employee authorization 

to telework in certain circumstances: if the agency head determines 

the employee is needed to respond to an emergency; if the employee 

requires additional training; or if the denial is necessary, for a specific period of time, to achieve program goals. Section 6502(b)(2) is 

intended to allow an agency to temporarily deny telework for a 

very specific time period. For example, the IRS could temporarily 

deny telework to certain employees if those employees are needed 

at their regular place of employment during tax season. This paragraph is not intended to be used by an agency to indefinitely deny 

telework to an employee. 

Section 6502(c) clarifies that this bill is not intended to require 

any employee to telework or to prevent an agency from permitting 

any employee from teleworking as party of a continuity of operations plan, even if the employee is not usually authorized to 

telework. 

Both OPM and GSA have played roles in implementing federal 

telework policies. The Committee believes that the current framework is disjointed and is not effective. The Committee believes one 

agency should have the primary responsibility of ensuring that the 

requirements of this bill are implemented. The Committee believes 

GSA’s role in implementing governmentwide management tools 

and GSA’s role in information technology make GSA the logical 

choice to coordinate the issuance of regulations and other information for agencies on telework. However, the bill specifies in several 

places, including this section, that GSA must coordinate its efforts 

with OPM. 

The new section 6503 requires agencies to provide training to supervisors, managers, and employees who are authorized to 

telework, and provides that no distinction may be made between 


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teleworkers and non-teleworkers for purposes of performance appraisals. Employees should be able to take advantage of agency 

telework programs without any negative impact on their job evaluations. 

This section requires GSA, in coordination with OPM, to provide 

advice, assistance, and, where necessary, training, to agencies on 

questions of telework eligibility and making telework part of the 

agency’s goals. GSA, in coordination with the Office of Management 

and Budget and NIST, also must issue regulations within four 

months of enactment to ensure the adequacy of information and security protections for telework. This section requires GSA to maintain a central, publicly available website on telework that includes 

information on any regulations related to telework. The intent is 

for this website to provide a central source of information for management, federal employees, and the public on requirements and 

programs related to telework in the federal government. 

The new section 6504 creates the role of Telework Managing Officer. 

Section 6504(a) provides that each agency may appoint a 

Telework Managing Officer (TMO). The TMO must be appointed by 

the Chief Human Capital Officer of an agency or, if the agency does 

not have a Chief Human Capital Officer, by the head of the agency. 

If an agency appoints a TMO, the TMO must be paid, at a minimum, at the GS–15 rate of the General Schedule. This section provides that the Administrator of GSA may waive the pay rate requirement for an agency with fewer than 100 employees if the 

agency certifies that being required to pay a TMO at the GS–15 

level would adversely impact agency operations. 

Section 6504(b) provides that the position of Telework Managing 

Officer must be a career position and not a political position. 

Section 6504(c) describes the duties and responsibilities of the 

Telework Managing Officer. Some of these responsibilities include: 

serving as an advisor on telework to agency leadership and as a resource for managers and employees; ensuring that employees know 

about the agency’s telework policy; developing a tracking system 

that measures telework at the agency to allow the agency to comply with telework reporting requirements; and ensuring that employees are notified of any grievance process available if they have 

a dispute related to telework. This is not intended to create, or require agencies to create, any new grievance procedures. This requires the TMO to ensure that employees know how they should 

deal with any dispute that arises related to teleworking authorizations or agreements through the agency’s existing grievance procedures. 

Section 6504(d) provides that if a Telework Managing Officer is 

not appointed by an agency, the head of the agency must designate 

either the Chief Human Capital Officer or a career employee to 

carry out the duties described for Telework Managing Officers. 

The new section 6505 requires GAO to evaluate and report on 

agency telework programs. 

Section 6505(a) requires GAO to establish a system for evaluating each agency’s teleworking policy and the level of employee 

participation in telework programs at each agency. 

Section 6505(b) requires GAO to submit an annual report covering each of the five years following enactment to the House ComVerDate Aug 31 2005 01:25 May 24, 2008 Jkt 069006 PO 00000 Frm 00010 Fmt 6659 Sfmt 6602 E:\HR\OC\HR663.XXX HR663

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mittee on Oversight and Government Reform and the Senate Committee on Homeland Security and Governmental Affairs. GAO’s reports must evaluate the teleworking policy of each agency and provide data for the preceding year on agency telework programs. 

GAO must provide data such as the number and percentage of employees who were eligible to telework, the number and percentage 

of employees who teleworked an average of at least 20% of the 

hours they worked in every two workweeks, and the number and 

percentage of employees who were not authorized to telework. GAO 

must also evaluate the compliance of each agency with the 

telework requirements being added by the new chapter 65 and 

identify best practices in agency telework programs. 

Section 6505(c) provides that, for purposes of GAO’s evaluation, 

an agency will only be considered to be in compliance with the new 

chapter 65 if the employees at the agency who were authorized to 

telework were permitted to telework for at least 20% of the hours 

that they worked in every two workweeks, not counting any workweeks in which an employee did not request to telework or was ineligible to telework. 

The new section 6506 describes the responsibilities of agencies 

with regard to including telework as part of continuity of operations planning. 

Section 6506(a) requires the head of each agency (as defined in 

subsection (c)) to ensure that, to the maximum extent practicable, 

teleworking is incorporated into each agency’s continuity of operations planning and that mission critical personnel are equipped to 

telework in a catastrophe. 

Section 6506(b) provides that an agency’s continuity of operations 

plan supersedes any inconsistencies in the agency’s teleworking 

policies. In the event of a catastrophe, any provisions related to 

telework in the agency’s continuity of operations plan will override 

any conflicting provisions in the agency’s telework policies as long 

as the agency is operating pursuant to the continuity of operations 

plan. 

Section 6506(c) provides that the agencies that must comply with 

this section are the agencies that are listed in the Chief Financial 

Officers Act, specifically, 31 U.S.C. § 901(b). 

Section 2(b) provides technical and conforming amendments including a clarification that the role of the Telework Managing Officer will replace the existing position of Telework Coordinator that 

agencies were required to designate pursuant to previous laws. 

Section 3: Chief Human Capital Officers Council 

Subsection (a) codifies the establishment of the Chief Human 

Capital Officers Council which was created as part of the Homeland Security Act of 2002, P.L. 107–296, and adds the Administrator of GSA as a member of the Council. The Council is codified 

through the creation of a new subchapter in chapter 14 of title 5. 

This subsection also adds teleworking to the matters to be considered by the Council. The Administrator of GSA is added to the 

Council in order to consider matters related to teleworking. The addition of the Administrator is not intended to alter the leadership 

structure of the Council. 

Subsection (b) includes technical and conforming amendments related to the creation of the new subchapter. 


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Section 4: Reporting requirement 

Subsection (a) requires GSA, in coordination with OPM, FEMA, 

and the Chief Human Capital Officers Council, to report to Congress on: the extent to which agencies have incorporated telework 

into their continuity of operations planning; the extent each agency 

has conducted operations tests and exercises using telework for essential and non-essential agency personnel; the extent to which 

agencies have used teleworking in response to emergencies; and 

any recommendations from GSA. GSA must issue this report within one year from the effective date of the regulations it must issue 

under the new section 6502. 

Subsection (b) provides that the report required under subsection 

(a) must be provided to the House Committee on Oversight and 

Government Reform and the Senate Committee on Homeland Security and Governmental Affairs. This subsection provides that, for 

purposes of this section, the terms ‘‘teleworking’’ and ‘‘continuity of 

operations’’ have the same meaning as in the new section 6501 created by section 2(a) of the bill. This subsection also provides that, 

for purposes of this section, the term ‘‘agency’’ means an executive 

agency with 100 or more full-time employees. 

EXPLANATION OF AMENDMENTS

At the Subcommittee business meeting on February 28, 2008, 

Rep. Danny Davis offered an amendment in the nature of a substitute, which passed by voice vote, to allow an agency to temporarily restrict an employee from teleworking in the event of an 

emergency; require GSA to maintain a central telework website; 

allow the Administrator of GSA, for agencies with fewer than 100 

employees, to waive the bill’s requirement that a TMO be compensated at the GS–15 rate; clarify that the position of TMO must 

be a career employee; and ensure that the definition of telework 

covers all authorized activities that can be performed from an alternate worksite. 

At the full Committee business meeting on March 13, 2008, Rep. 

Waxman offered an amendment in the nature of a substitute, 

which passed by voice vote, to codify telework in title 5; require 

that essential personnel be equipped to telework during a catastrophe; add telework as an issue to be coordinated by the Chief 

Human Capital Officers Council; require GAO to report on agency 

compliance and clarify that, for purposes of GAO’s evaluation, an 

agency will only be considered to be in compliance with the new 

chapter 65 if the employees at the agency who were authorized to 

telework were permitted to telework for at least 20% of the hours 

that they worked in every two workweeks; and strengthen the information security protections of the bill. Rep. Tom Davis offered 

an amendment, which passed by voice vote, to provide agencies 

with the discretion to appoint or designate a TMO or, alternatively, 

to require the agency’s Chief Human Capital Officer or a career 

employee to carry out those duties. 

COMMITTEE CONSIDERATION

On Thursday, March 13, 2008, the Committee met in open session and ordered H.R. 4106 to be reported, as amended, to the 

House by a voice vote. 


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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. 4106 relates to executive 

branch telework programs and therefore does not relate to employment or access to public services and accommodations in the legislative branch. 

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. 

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. 4106. 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 

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

UNFUNDED MANDATES 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. 


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EARMARK IDENTIFICATION

H.R. 4106 does not include any congressional earmarks, limited 

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

or 9(f) 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. 

4106. 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 

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. 4106 

from the Director of the Congressional Budget Office: 

APRIL 14, 2008. 

Hon. HENRY A. WAXMAN, 

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. 4106, the Telework Improvements Act of 2008. 

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

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

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

H.R. 4106—Telework Improvements Act of 2008 

H.R. 4106 would require executive 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.) The legislation also would require agencies to incorporate telework options into their emergency 

operation plans (known as continuity of operation plans). Finally, 

H.R. 4106 would require the Government Accountability Office to 

report annually on agencies’ telework policies, participation, and 

practices. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing H.R. 4106 would increase administrative 

costs across affected agencies by $5 million in 2008 and much 

smaller amounts in subsequent years. Those costs would result 


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15 

from requirements that agencies notify employees of their eligibility to participate in telework programs and report on their 

telework programs. H.R. 4106 also could affect direct spending, but 

CBO estimates that any amounts would not be significant in any 

year. Enacting the bill would not affect revenues. 

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 employees’

performance. The General Services Administration and the Office 

of Personnel Management provide guidance and resources to federal agencies to support telework policies governmentwide. This bill 

would require agencies to establish and implement policies to enable eligible employees to participate in telework programs, adding 

to annual administrative costs. 

For most agencies, additional spending would be subject to the 

availability of appropriated funds; however, the bill could affect direct spending by agencies not funded through annual appropriations, such as the Tennessee Valley Authority and the Bonneville 

Power Administration. CBO estimates, however, that any increase 

in spending for telework programs by those agencies would not be 

significant. 

H.R. 4106 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

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

On January 28, 2007, CBO provided a cost estimate for S. 1000, 

the Telework Enhancement Act of 2007, as ordered reported by the 

Senate Committee on Homeland Security and Governmental Affairs on November 14, 2007. The bills are similar in that they both 

deal with telework, but S. 1000 would apply to legislative as well 

as executive agencies. CBO estimates that any additional costs to 

legislative agencies under S. 1000 would be negligible and our cost 

estimates for the bills are similar. 

The CBO staff contact for this estimate is Matthew Pickford. 

This estimate was 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 II—CIVIL SERVICE FUNCTIONS AND 

RESPONSIBILITIES 

Chapter Sec. 

11. Office of Personnel Management ............................ 1101 

* * * * * * * 


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ø14. Agency Chief Human Capital Officers ................... 1401¿ 

14. Chief Human Capital Officers .............................................................. 1401 

* * * * * * * 

øCHAPTER 14—AGENCY CHIEF HUMAN CAPITAL 

OFFICERS 

øSec. 

ø1401. Establishment of agency Chief Human Capital Officers. 

ø1402. Authority and functions of agency Chief Human Capital Officers.¿ 

CHAPTER 14—CHIEF HUMAN CAPITAL OFFICERS 

SUBCHAPTER I—AGENCY CHIEF HUMAN CAPITAL OFFICERS

Sec. 

1401. Establishment of agency Chief Human Capital Officers. 

1402. Authority and functions of agency Chief Human Capital Officers. 

SUBCHAPTER II—CHIEF HUMAN CAPITAL OFFICERS COUNCIL

1421. Chief Human Capital Officers Council. 

* * * * * * * 

SUBCHAPTER II—CHIEF HUMAN CAPITAL OFFICERS 

COUNCIL 

§ 1421. Chief Human Capital Officers Council 

(a) ESTABLISHMENT.—There is established a Chief Human Capital Officers Council, consisting of—

(1) the Director of the Office of Personnel Management, who 

shall act as chairperson of the Council; 

(2) the Deputy Director for Management of the Office of Management and Budget, who shall act as vice chairperson of the 

Council; 

(3) the Administrator of General Services; and 

(4) the Chief Human Capital Officers of Executive departments and any other members who are designated by the Director of the Office of Personnel Management. 

(b) FUNCTIONS.—The Chief Human Capital Officers Council shall 

meet periodically to advise and coordinate the activities of the agencies of its members on such matters as modernization of human resources systems, improved quality of human resources information, 

teleworking (as defined by section 6501), and legislation affecting 

human resources operations and organizations. 

(c) EMPLOYEE LABOR ORGANIZATIONS AT MEETINGS.—The Chief 

Human Capital Officers Council shall ensure that representatives of 

Federal employee labor organizations are present at a minimum of 

1 meeting of the Council each year. Such representatives shall not 

be members of the Council. 

(d) ANNUAL REPORT.—Each year, the Chief Human Capital Officers Council shall submit a report to Congress on the activities of 

the Council. 

* * * * * * * 

PART III—EMPLOYEES 

Chap. Sec. 


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Subpart A—General Provisions 

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

* * * * * * * 

Subpart E—Attendance and Leave 

61. Hours of Work .......................................................................................... 6101 

* * * * * * * 

65. Teleworking ............................................................................................... 6501 

* * * * * * * 

SUBPART E—ATTENDANCE AND LEAVE 

* * * * * * * 

CHAPTER 65—TELEWORKING 

Sec.

6501. Definitions. 

6502. Governmentwide teleworking requirement. 

6503. Implementation. 

6504. Telework Managing Officer. 

6505. Annual telework agency rating. 

6506. Continuity of operations. 

§ 6501. Definitions 

For purposes of this chapter— (1) the term ‘‘agency’’ means an Executive agency (as defined 

by section 105), except as provided in section 6506(c); 

(2) the term ‘‘telework’’ or ‘‘teleworking’’ refers to a work arrangement under which an employee regularly performs the duties and responsibilities of such employee’s position, and other 

authorized activities, from home or another worksite removed 

from the employee’s regular place of employment; 

(3) the term ‘‘continuity of operations’’ refers to the preparations and institutions maintained by the Government to provide 

for the continuation of Government operations in the event of a 

catastrophe; and 

(4) the term ‘‘catastrophe’’ includes—

(A) a national emergency declared by the President under 

the National Emergencies Act; 

(B) an emergency or major disaster declared by the President under the Robert T. Stafford Disaster Relief and 

Emergency Assistance Act; and 

(C) a public health emergency declared by the Secretary 

of Health and Human Services under section 319 of the 

Public Health Service Act. 

§ 6502. Governmentwide teleworking requirement 

(a) TELEWORKING REQUIREMENT.—

(1) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this chapter, the head of each agency shall establish a policy under which employees shall be authorized to 

telework, subject to paragraph (2) and subsection (b). 

(2) REGULATIONS.—The policy of each agency under this subsection—

(A) shall be in conformance with regulations which the 

Administrator of General Services shall, within 120 days 


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after the date of the enactment of this chapter and in coordination with the Office of Personnel Management, prescribe for purposes of this subsection; and 

(B) shall ensure that employees who are authorized to 

telework will be allowed to do so— (i) to the maximum extent possible; and 

(ii) without diminishing employee performance or 

agency operations. 

(b) TREATMENT OF 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 access to classified information; 

(B) require daily face-to-face contact with members of the 

public or other persons, or the use of equipment, at the employee’s regular place of employment; or 

(C) are such that their performance from a site removed 

from the employee’s regular place of employment is not feasible; or 

(2) to prevent the temporary denial of permission for an employee to telework if, in the judgment of the agency head— (A) the employee is needed to respond to an emergency; 

(B) the employee requires additional training; or 

(C) the denial is necessary, for a specific or ascertainable 

period of time, to achieve goals and objectives of programs 

administered by the agency. 

(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 

In order to carry out the purposes of this chapter— (1) the head of each agency shall ensure that—

(A) appropriate training is provided to supervisors and 

managers and to all employees who are authorized to 

telework; and 

(B) no distinction is made between teleworkers and 

nonteleworkers for purposes of performance appraisals; 

(2) the General Services Administration, in coordination with 

the Office of Personnel Management, shall provide advice, assistance, and, to the extent necessary, training to agencies, including with respect to—

(A) questions of eligibility to telework, including considerations relating to employee performance; and 

(B) making teleworking part of the agency’s goals, including those of individual supervisors and managers; 

(3) the General Services Administration, in coordination with 

the Office of Management and Budget and the National Institute of Standards and Technology, shall prescribe regulations, 

within 120 days after the date of the enactment of this chapter, 

to ensure the adequacy of information and security protections 

for information and information systems used in, or otherwise 

affected by, teleworking; such regulations shall be consistent 

with information security policies and guidance issued by the 


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Office of Management and Budget and the National Institute of 

Standards and Technology, and shall, at a minimum, include 

requirements necessary— (A) to control access to agency information and information systems; 

(B) to protect agency information (including personally 

identifiable information) and information systems; 

(C) to limit the introduction of vulnerabilities; 

(D) to protect information systems not under the control 

of the agency that are used for teleworking; and 

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

and 

(4) the General Services Administration shall— (A) maintain a central, publicly available telework 

website; and 

(B) include on that website any regulations relating to 

teleworking and any other information the General Services 

Administration considers appropriate. 

§ 6504. Telework Managing Officer 

(a) APPOINTMENT AND COMPENSATION.— (1) IN GENERAL.—There may be within each agency an officer 

to be known as the ‘‘Telework Managing Officer’’. The Telework 

Managing Officer of an agency— (A) shall be appointed— (i) by the Chief Human Capital Officer of such agency; or 

(ii) if none, by the head of such agency; and 

(B) shall be compensated at a rate not less than the minimum rate of basic pay for grade GS–15 of the General 

Schedule. 

(2) WAIVER.—The Administrator of General Services may 

waive the minimum rate requirement under paragraph (1)(B) 

with respect to an agency if such agency has fewer than 100 employees (determined on a full-time equivalent basis) and the 

head of such agency certifies that being required to comply with 

paragraph (1)(B) would adversely impact agency operations. 

(b) LIMITATIONS.—An individual may not hold the position of 

Telework Managing Officer as a noncareer appointee (as defined in 

section 3132(a)(7)), and such position may not be considered or determined to be of a confidential, policy-determining, policy-making, 

or policy-advocating character. 

(c) DUTIES AND RESPONSIBILITIES.—The duties and responsibilities of the Telework Managing Officer of an agency shall be as follows: 

(1) Serving as—

(A) an advisor on teleworking to the head of such agency 

and to the Chief Human Capital Officer of such agency (if 

any); 

(B) a resource on teleworking for supervisors, managers, 

and employees of such agency; and 

(C) the agency’s primary point of contact on teleworking 

matters for employees of such agency, Congress, and other 

agencies. 


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(2) Ensuring that the agency’s teleworking policy is communicated effectively to employees. 

(3) Ensuring that electronic or written notification is provided 

to each employee of specific telework programs and the agency’s 

teleworking policy, including authorization criteria and application procedures. 

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

(5) Providing to the Comptroller General and to the Administrator of General Services such information as the Comptroller 

General may require to prepare the annual reports under section 6505(b). 

(6) Establishing a system for receiving feedback from agency 

employees on the agency’s teleworking policy. 

(7) Developing and implementing a program to identify and 

remove barriers to teleworking and to maximize teleworking opportunities in the agency. 

(8) Ensuring that employees are notified of grievance procedures available to them (if any) with respect to any disputes 

that relate to teleworking. 

(9) Performing such other duties and responsibilities relating 

to teleworking as the head of the agency may require. 

(d) ALTERNATIVE TO TELEWORK MANAGING OFFICER.—If no 

Telework Managing Officer is appointed under subsection (a) with 

respect to an agency, the duties and responsibilities of a Telework 

Managing Officer shall be carried out by the Chief Human Capital 

Officer of, or a career employee in, such agency, as determined by 

the agency head. 

§ 6505. Annual telework agency rating 

(a) IN GENERAL.—The Comptroller General shall establish a system for evaluating—

(1) the teleworking policy of each agency; and 

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

(b) ANNUAL REPORT.—The Comptroller General shall, based on 

the system established under subsection (a), submit an annual report to the Committee on Oversight and Government Reform of the 

House of Representatives and the Committee on Homeland Security 

and Governmental Affairs of the Senate. Each report under this 

subsection shall, with respect to the period covered by such report—

(1) evaluate the teleworking policy of each agency; 

(2) for each agency, indicate the total number of employees in 

such agency and identify—

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

(B) the number and percentage of employees who teleworked an average of at least once a week on a regular 

basis, determined based on time spent actually teleworking; 

(C) the number and percentage of employees who teleworked an average of at least 20 percent of the hours that 

they worked in every 2 administrative workweeks, determined based on time spent actually teleworking; 


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(D) the number and percentage of employees who teleworked at least once a month on a regular basis, determined based on time spent actually teleworking; 

(E) the number and percentage of employees who were 

not authorized to telework and the reasons why they were 

not so authorized; 

(F) the number and percentage of employees who were 

authorized to telework and then later stopped teleworking, 

the reasons why those employees stopped teleworking, and 

whether their stopping was voluntary or due to other factors, such as office coverage needs or productivity; 

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

(H) the impact (if any) of the agency’s teleworking policy 

on the recruitment and retention of employees; 

(I) the impact (if any) of the agency’s teleworking policy 

on the performance of agency employees; and 

(J) the level of employee satisfaction with the agency’s 

teleworking policy, determined based on employee feedback; 

(3) evaluate the compliance of each agency with the requirements of this chapter; and 

(4) identify best practices in agency teleworking programs. 

A report under this subsection shall be submitted for the year in 

which the regulations under section 6502(a)(2)(A) take effect and for 

each of the 4 succeeding years. Each such report shall be submitted 

within 6 months after the end of the year to which it relates. 

(c) MINIMUM REQUIREMENT FOR COMPLIANCE.—For purposes of 

subsection (b)(3), an agency shall not be considered to be in compliance with the requirements of this chapter unless the employees of 

such agency who were authorized to telework were permitted to 

telework for at least 20 percent of the hours that they worked in 

every 2 administrative workweeks (disregarding any workweeks for 

which such employees did not submit a request or for which they 

were otherwise ineligible to telework). 

§ 6506. Continuity of operations 

(a) IN GENERAL.—The head of each agency shall ensure that—

(1) to the maximum extent practicable, teleworking is incorporated into the continuity of operations planning of such agency; and 

(2) mission critical personnel, as determined by the head of 

such agency, are equipped to telework in time of a catastrophe. 

(b) COORDINATION RULE.—The continuity of operations plan of an 

agency shall supersede any teleworking policy of such agency to the 

extent that they are inconsistent with one another. 

(c) AGENCY DEFINED.—For purposes of carrying out subsection 

(a)(2), the term ‘‘agency’’ means an agency named in paragraph (1) 

or (2) of section 901(b) of title 31. 

* * * * * * * 


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SECTION 622 OF THE DEPARTMENTS OF COMMERCE, 

JUSTICE, AND STATE, THE JUDICIARY, AND RELATED 

AGENCIES APPROPRIATIONS ACT, 2005 

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¿ appoint 

or designate a Telework Managing Officer 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. 

SECTION 1303 OF PUBLIC LAW 107–296 

øSEC. 1303. CHIEF HUMAN CAPITAL OFFICERS COUNCIL. 

ø(a) ESTABLISHMENT.—There is established a Chief Human Capital Officers Council, consisting of—

ø(1) the Director of the Office of Personnel Management, who 

shall act as chairperson of the Council; 

ø(2) the Deputy Director for Management of the Office of 

Management and Budget, who shall act as vice chairperson of 

the Council; and 

ø(3) the Chief Human Capital Officers of Executive departments and any other members who are designated by the Director of the Office of Personnel Management. 

ø(b) FUNCTIONS.—The Chief Human Capital Officers Council 

shall meet periodically to advise and coordinate the activities of the 

agencies of its members on such matters as modernization of 

human resources systems, improved quality of human resources information, and legislation affecting human resources operations 

and organizations. 

ø(c) EMPLOYEE LABOR ORGANIZATIONS AT MEETINGS.—The Chief 

Human Capital Officers Council shall ensure that representatives 

of Federal employee labor organizations are present at a minimum 

of 1 meeting of the Council each year. Such representatives shall 

not be members of the Council. 

ø(d) ANNUAL REPORT.—Each year the Chief Human Capital Officers Council shall submit a report to Congress on the activities of 

the Council.¿ 

* * * * * * * 


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(23) 

ADDITIONAL VIEWS OF RANKING MEMBER TOM DAVIS 

Far too many federal agencies are missing the opportunity to 

promote teleworking among their employees. Ninety percent of the 

employees eligible to telework do not do so at this time. The 

Telework Improvements Act of 2008 would require federal agencies 

to put in place telework policies and to utilize telework as much as 

possible. 

With the vast majority of the federal government’s workforce located here in the National Capital Region, utilizing telework will 

have an immediate and dramatic impact on the traffic congestion 

in the region. It will also increase worker productivity as our federal workforce spends less time commuting to and from work every 

day. As an added benefit, keeping people off the roads will reduce 

our carbon emissions. Everybody benefits, not just the teleworkers. 

Prior to the Committee’s consideration of the bill, several improvements were made to the legislation—many at our request. 

First, the reported version includes stronger language regarding 

the protection of information being accessed through remote networks. This IT security language is important to reassure the general public that, as we promote the use of telework in federal agencies, the government is taking necessary steps to make sure personal information is safeguarded. 

Second, the reported version requires agencies to further integrate telework into their continuity of operations planning by making sure mission critical personnel are prepared to telework in the 

event of a major disaster, such as a terrorist attack or an outbreak 

of the pandemic flu. 

Third, the reported version tasks the Chief Human Capital Officers Council with being a central coordinator of best practices for 

agencies regarding telework. 

Fourth, the reported version gives agencies some flexibility in determining how best to promote telework within their workforce by 

allowing them to either assign the telework responsibilities to the 

agency’s Chief Human Capital Officer or to a career official at the 

agency. I was concerned that the original legislation imposed an excessive amount of new bureaucracy upon the government in conjunction with telework—this added flexibility largely addresses my 

concern. 

Promoting the use of telework by the federal workforce will improve employee efficiency and ultimately lead to better services 

being provided to the American public, and I appreciate the Chairman’s willingness to work with us on this legislation. 

TOM DAVIS. 


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