TELEWORKING BE COPIED TO OFFICIAL ELECTRONIC 
MAIL ACCOUNTS.—In the case of any employee who, while 
teleworking pursuant to a policy established under this 
chapter, creates or receives a Presidential record or Vice- 
Presidential record within the meaning of chapter 22 of 
title 44, United States Code, through a non-official elec-
tronic mail account, a social media account, or any other 
method (electronic or otherwise), the employee shall elec-
tronically copy the record into the employee’s official elec-
tronic mail account. 
‘‘(e) RULE
OF CONSTRUCTION.—Nothing in this 
chapter shall— 
‘‘(1) be considered to require any employee to 
telework; or 
‘‘(2) prevent an agency from permitting an em-
ployee to telework as part of a continuity of oper-
ations plan. 
‘‘§ 6503. Implementation 
‘‘(a) RESPONSIBILITIES OF AGENCIES.—The head of 
each agency shall ensure that— 
‘‘(1) appropriate training is provided to super-
visors and managers, and to all employees who are 
authorized to telework, as directed by the Telework 
Managing Officer of such agency;
‘‘(2) the training covers the information secu-
rity guidelines issued by the Director of the Office 
of Management and Budget under this section; 
‘‘(3) no distinction is made between teleworkers 
and nonteleworkers for purposes of— 
‘‘(A) periodic appraisals of job perform-
ance of employees, 
‘‘(B) training, rewarding, reassigning, pro-
moting, reducing in grade, retaining, or remov-
ing employees, 
‘‘(C) work requirements, or 
‘‘(D) other acts involving managerial dis-
cretion; 
‘‘(4) in determining what constitutes diminished 
performance in the case of an employee who 
teleworks, the agency shall consult the performance 
management guidelines of the Office of Personnel 
Management; and 
‘‘(5) in the case of an agency which is named 
in paragraph (1) or (2) of section 901(b) of title 31, 
the agency incorporates telework in its continuity of 
operations plans and uses telework in response to 
emergencies. 
‘‘(b) RESPONSIBILITIES OF OPM.—The Director of 
the Office of Personnel Management shall—
‘‘(1) not later than 180 days after the date of 
the enactment of this chapter, in consultation with 
the Administrator of General Services, promulgate 
regulations necessary to carry out this chapter, ex-
cept that such regulations shall not apply with re-
spect to the Government Accountability Office; 
‘‘(2) provide advice, assistance, and any nec-
essary training to agencies with respect to the re-
quirements of this chapter, including with respect 
to— 
‘‘(A) questions of eligibility to telework, 
such as the effect of employee performance on 
eligibility, and 
‘‘(B) making telework part of the agency’s 
goals, including those of individual supervisors 
and managers; and 
‘‘(3) in consultation with the Administrator of 
General Services, maintain a central, publicly avail-
able telework website that includes— 
‘‘(A) any regulations relating to telework 
and any other information the Director con-
siders appropriate, 
‘‘(B) an e-mail address which may be used 
to submit comments to the Director on agency 
telework programs or agreements, and
‘‘(C) a copy of all reports issued under sec-
tion 6505(a). 
‘‘(c) SECURITY GUIDELINES.—The Director of the 
Office of Management and Budget, in coordination with 
the National Institute of Standards and Technology, shall 
issue guidelines not later than 180 days after the date of 
the enactment of this chapter to ensure the adequacy of 
information and security protections for information and 
information systems used while teleworking. Such guide-
lines shall, at a minimum, include requirements nec-
essary— 
‘‘(1) to control access to agency information 
and information systems; 
‘‘(2) to protect agency information (including 
personally identifiable information) and information 
systems; 
‘‘(3) to limit the introduction of vulnerabilities; 
‘‘(4) to protect information systems not under 
the control of the agency that are used for tele-
working; 
‘‘(5) to safeguard wireless and other tele-
communications capabilities that are used for tele-
working; and 
‘‘(6) to prevent inappropriate use of official 
time or resources that violates subpart G of the
Standards of Ethical Conduct for Employees of the 
Executive Branch by viewing, downloading, or ex-
changing pornography, including child pornography. 
‘‘§ 6504. Telework Managing Officer 
‘‘(a) DESIGNATION
AND
COMPENSATION.—Each 
agency shall designate an officer, to be known as the 
‘Telework Managing Officer’. The Telework Managing Of-
ficer of an agency shall be designated— 
‘‘(1) by the Chief Human Capital Officer of 
such agency; or 
‘‘(2) if the agency does not have a Chief 
Human Capital Officer, by the head of such agency. 
‘‘(b) STATUS WITHIN AGENCY.—The Telework Man-
aging Officer of an agency shall be a senior official of the 
agency who has direct access to the head of the agency. 
‘‘(c) LIMITATIONS.—An individual may not hold the 
position of Telework Managing Officer as a noncareer ap-
pointee (as defined in section 3132(a)(7)), and such posi-
tion may not be considered or determined to be of a con-
fidential, policy-determining, policy-making, or policy ad-
vocating character. 
‘‘(d) 
DUTIES
AND
RESPONSIBILITIES.—Each 
Telework Managing Officer of an agency shall—
‘‘(1) provide advice on teleworking to the head 
of such agency and to the Chief Human Capital Of-
ficer of such agency (if any); 
‘‘(2) serve as a resource on teleworking for su-
pervisors, managers, and employees of such agency; 
‘‘(3) serve as the primary point of contact on 
telework matters for agency employees and (with re-
spect to such agency) for Congress and other agen-
cies; 
‘‘(4) work with senior management of the agen-
cy to develop and implement a plan to incorporate 
telework into the agency’s regular business strate-
gies and its continuity of operations strategies, tak-
ing into consideration factors such as— 
‘‘(A) cost-effectiveness, 
‘‘(B) equipment, 
‘‘(C) training, and 
‘‘(D) data collection; 
‘‘(5) ensure that the agency’s telework policy is 
communicated effectively to employees; 
‘‘(6) ensure that electronic or written notifica-
tion is provided to each employee of specific telework 
programs and the agency’s telework policy, including 
authorization criteria and application procedures;
‘‘(7) develop and administer a tracking system 
for compliance with Governmentwide telework re-
porting requirements; 
‘‘(8) provide to the Director of the Office of 
Personnel Management and the Comptroller General 
such information as such individuals may require to 
prepare the reports required under section 6505, in-
cluding the techniques used to verify and validate 
data on telework, except that this paragraph shall 
not apply with respect to the Government Account-
ability Office; 
‘‘(9) establish a system for receiving feedback 
from agency employees on the telework policy of the 
agency; 
‘‘(10) develop and implement a program to 
identify and remove barriers to telework and to 
maximize telework opportunities in the agency; 
‘‘(11) track and retain information on all deni-
als of permission to telework for employees who are 
authorized to telework, and report such information 
on an annual basis to— 
‘‘(A) the Chief Human Capital Officer of 
such agency (or, if the agency does not have a 
Chief Human Capital Officer, the head of such 
agency), and
‘‘(B) the Director of the Office of Per-
sonnel Management, for purposes of preparing 
the reports required under section 6505(a), ex-
cept that this subparagraph shall not apply 
with respect to the Government Accountability 
Office; 
‘‘(12) ensure that employees are notified of 
grievance procedures available to them (if any) with 
respect to any disputes that relate to telework; and 
‘‘(13) perform such other duties and respon-
sibilities relating to telework as the head of the 
agency may require. 
‘‘(e) RULE OF CONSTRUCTION REGARDING STATUS 
OF TELEWORK MANAGING OFFICER.—Nothing in this 
section shall be construed to prohibit an individual who 
holds another office or position in an agency from serving 
as the Telework Managing Officer for the agency under 
this chapter. 
‘‘§ 6505. Evaluating telework in agencies 
‘‘(a) ANNUAL REPORT BY OPM.— 
‘‘(1) IN GENERAL.—The Director of the Office 
of Personnel Management shall submit to the Comp-
troller General and the appropriate committees of 
Congress a report evaluating the extent to which 
each agency is in compliance with this chapter with
respect to the period covered by the report, and shall 
include in the report an evaluation of each of the fol-
lowing: 
‘‘(A) The degree of participation by em-
ployees of the agency in teleworking during the 
period. In the case of an agency which is an 
Executive department, the evaluation will in-
clude the degree of participation by employees 
of each component within the department, in-
cluding— 
‘‘(i) the total number of employees in 
the agency; 
‘‘(ii) the number and percentage of 
such 
employees 
who 
are 
eligible 
to 
telework; and 
‘‘(iii) the number and percentage of 
such employees who do telework, broken 
down by the number and percentage who 
telework 3 or more days per week, one or 
two days per week, and less frequently 
than one day per week. 
‘‘(B) The method the agency uses to gath-
er data on telework and the techniques used to 
verify and validate such data.
‘‘(C) Whether the total number of employ-
ees who telework is at least 10% higher or 
lower than the number who teleworked during 
the previous reporting period and the reasons 
identified for any such change. 
‘‘(D) The agency’s goal for increasing the 
number of employees who telework in the next 
reporting period. 
‘‘(E) The extent to which the agency met 
the goal described in subparagraph (D) for its 
previous report, and, if the agency failed to 
meet the goal, the actions the agency plans to 
take to meet the goal for the next reporting pe-
riod. 
‘‘(F) The best practices in agency telework 
programs. 
‘‘(G) In the case of an agency which is 
named in paragraph (1) or (2) of section 
901(b) of title 31, the extent to which the agen-
cy incorporated telework in its continuity of op-
erations plans and used telework in response to 
emergencies. 
‘‘(2) MINIMUM
REQUIREMENT
FOR
COMPLI-
ANCE.—For purposes of the reports required under 
this subsection, the Director shall determine that an
agency is in compliance with the requirements of 
this chapter if the Director finds that the agency— 
‘‘(A) reported the requested data accu-
rately and in a timely manner; and 
‘‘(B) either met or exceeded the agency’s 
established telework goals, or provided expla-
nations as to why the goals were not met as 
well as the steps the agency is taking to meet 
the goals. 
‘‘(3) REPORTING PERIOD; TIMING.—The Direc-
tor shall submit a report under this subsection with 
respect to the first 1-year period for which the regu-
lations promulgated by the Director under section 
6503(b) are in effect and each of the 4 succeeding 
1-year periods, and shall submit the report with re-
spect to a period not later than 6 months after the 
last day of the period to which the report relates. 
‘‘(4) EXCLUSION
OF
GOVERNMENT
ACCOUNT-
ABILITY OFFICE.—The Director shall not submit a 
report under this subsection with respect to the Gov-
ernment Accountability Office. 
‘‘(b) REPORTS BY COMPTROLLER GENERAL.— 
‘‘(1) EVALUATIONS OF REPORTS BY DIRECTOR 
OF OPM.—Not later than 6 months after the Direc-
tor submits a report under subsection (a), the
Comptroller General shall review the report and sub-
mit a report to the appropriate committees of Con-
gress. The report shall evaluate the compliance of 
the Office of Personnel Management and agencies 
with this chapter and address the overall progress of 
agencies in carrying out this chapter, and shall in-
clude such other information and recommendations 
as the Comptroller General considers appropriate. 
‘‘(2) REPORTS
ON
GOVERNMENT
ACCOUNT-
ABILITY
OFFICE.—The Comptroller General shall 
submit a report with respect to the Government Ac-
countability Office in the same manner and in ac-
cordance with the same requirements applicable to a 
report submitted by the Director with respect to any 
other agency under subsection (a). 
‘‘(c) APPROPRIATE COMMITTEES OF CONGRESS DE-
FINED.—In this section, the term ‘appropriate committees 
of Congress’ means— 
‘‘(1) the Committee on Oversight and Govern-
ment Reform of the House of Representatives; and 
‘‘(2) the Committee on Homeland Security and 
Governmental Affairs of the Senate.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) The analysis for part III of title 5, United States Code,
is amended by inserting after the item relating to chapter 
63 the following: 
‘‘65. Telework ...................................................................................... 6501’’. 
(2) Section 622 of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2005, as contained in the Consoli-
dated Appropriations Act, 2005 (5 U.S.C. 6120 note) is 
amended by striking ‘‘designate a ‘Telework Coordinator’ 
to be’’ and inserting ‘‘designate a Telework Managing Of-
ficer or designate the Chief Human Capital Officer or 
other career employee to be’’. 
SEC. 3. POLICY GUIDANCE. 
Not later than the expiration of the 120-day period 
which begins on the date of the enactment of this Act, 
the Director of the Office of Management and Budget 
shall issue policy guidance requiring each Executive agen-
cy (as such term is defined in section 105 of title 5, United 
States Code), when purchasing computer systems, to pur-
chase computer systems that enable and support telework, 
unless the head of the agency determines that there is a 
mission-specific reason not to do so. 
SEC. 4. AUTHORITY FOR TELEWORK TRAVEL EXPENSE 
TEST PROGRAMS. 
(a) IN GENERAL.—Subchapter I of chapter 57 of title 
5, United States Code, is amended by adding at the end 
the following:
‘‘§ 5711. Authority for telework travel expense test 
programs 
‘‘(a)(1) Notwithstanding any other provision of this 
subchapter, under a test program which the Administrator 
of General Services determines to be in the interest of the 
Government and approves, an employing agency may pay 
through the proper disbursing official any necessary travel 
expenses in lieu of any payment otherwise authorized or 
required under this subchapter for employees participating 
in a telework program. Under an approved test program, 
an agency may provide an employee with the option to 
waive any payment authorized or required under this sub-
chapter. An agency shall include in any request to the Ad-
ministrator for approval of such a test program an anal-
ysis of the expected costs and benefits and a set of criteria 
for evaluating the effectiveness of the program. 
‘‘(2) Any test program operated under this section 
shall be designed to enhance cost savings or other effi-
ciencies that accrue to the Government. 
‘‘(3) Under any test program operated under this sec-
tion, if an agency employee voluntarily relocates from the 
pre-existing duty station of that employee, the Adminis-
trator may authorize the employing agency to establish a 
reasonable maximum number of occasional visits to the 
pre-existing duty station before that employee is eligible
for payment of any accrued travel expenses by that agen-
cy. 
‘‘(4) Nothing in this section is intended to limit the 
authority of any agency to conduct test programs. 
‘‘(b) The Administrator shall transmit a description 
of any test program approved by the Administrator under 
this section, and the rationale for approval, to the appro-
priate committees of the Congress at least 30 days before 
the effective date of the program. 
‘‘(c)(1) An agency authorized to conduct a test pro-
gram under this section shall provide to the Adminis-
trator, the Telework Managing Officer of that agency, and 
the appropriate committees of Congress a report on the 
results of the program not later than 3 months after com-
pletion of the program. 
‘‘(2) The results in a report described under para-
graph (1) may include— 
‘‘(A) the number of visits an employee makes to 
the pre-existing duty station of that employee; 
‘‘(B) the travel expenses paid by the agency; 
‘‘(C) the travel expenses paid by the employee; 
or 
‘‘(D) any other information the agency deter-
mines useful to aid the Administrator, Telework
Managing Officer, and Congress in understanding 
the test program and the impact of the program. 
‘‘(d) No more than 10 test programs under this sec-
tion may be conducted simultaneously. 
‘‘(e) The authority to conduct test programs under 
this section shall expire 7 years after the date of the enact-
ment of the Telework Improvements Act of 2010. 
‘‘(f) In this section, the term ‘appropriate committees 
of Congress’ means the Committee on Oversight and Gov-
ernment Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for subchapter I of chapter 57 of title 5, United States 
Code, is amended by adding at the end the following: 
‘‘Sec. 5711 Authority for telework travel expense test programs’’. 
SEC. 5. TELEWORK RESEARCH. 
(a) RESEARCH BY OPM ON TELEWORK.—The Direc-
tor of the Office of Personnel Management shall— 
(1) conduct studies on the utilization of 
telework by public and private sector entities that 
identify best practices and recommendations for the 
Federal government; 
(2) review the outcomes associated with an in-
crease in telework, including the effects of telework 
on energy consumption, the environment, job cre-
ation and availability, urban transportation patterns, 
and the ability to anticipate the dispersal of work 
during periods of emergency; and 
(3) make any studies or reviews performed 
under this subsection available to the public. 
(b) USE OF CONTRACT TO CARRY OUT RESEARCH.— 
The Director of the Office of Personnel Management may 
carry out subsection (a) pursuant to a contract entered 
into by the Director using competitive procedures. 
Passed the House of Representatives July 14, 2010. 
Attest: 
Clerk.
111TH CONGRESS 
2D SESSION 
H. R. 1722 
AN ACT 
To require the head of each executive agency to es-
tablish and implement a policy under which em-
ployees shall be authorized to telework, and for 
other purposes.