I 
110TH CONGRESS 
1ST SESSION H. R. 4106 
To improve teleworking in executive agencies by developing a telework pro-
gram 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 
NOVEMBER 7, 2007 
Mr. DAVIS of Illinois (for himself, Mr. SARBANES, Mr. WAXMAN, Mr. TOM 
DAVIS of Virginia, Mr. WOLF, Mr. CUMMINGS, and Ms. NORTON) intro-
duced the following bill; which was referred to the Committee on Over-
sight and Government Reform 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Telework Improve-
ments Act of 2007’’. 
SEC. 2. GOVERNMENT-WIDE TELEWORK REQUIREMENT. 
(a) REQUIREMENT.— 
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(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the head 
of each agency shall establish a policy under which 
employees may be authorized to telework. Authorized 
employees shall be allowed to telework at least 20 
percent of the hours worked in every 2 administra-
tive workweeks. 
(2) APPLICABILITY.—The policy established by 
each agency under this subsection shall, in conform-
ance with uniform guidelines which shall be estab-
lished under section 3(2), ensure that the oppor-
tunity to telework is made available to employees to 
the maximum extent possible without diminishing 
employee performance or agency operations. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
Act shall be considered to require any employee to 
telework. 
(b) EXCEPTIONS.—Nothing in subsection (a) shall be 
considered— 
(1) to require that teleworking be made avail-
able to any employee whose duties and responsibil-
ities— 
(A) require daily access to classified infor-
mation; 
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(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 an agency from temporarily de-
nying permission to telework in the case of any em-
ployee who needs any additional training. 
(c) COORDINATION WITH CONTINUITY
OF OPER-
ATIONS PLAN.—Nothing in this section shall prevent an 
agency from permitting an employee to telework as part 
of a continuity of operations plan. 
SEC. 3. IMPLEMENTATION. 
In order to carry out the purposes of this Act— 
(1) the head of each agency shall ensure that— 
(A) appropriate training is provided to su-
pervisors and managers and to all employees 
who are authorized to telework; and 
(B) no distinction is made between tele-
workers and nonteleworkers for the purposes of 
performance appraisals; and 
(2) the General Services Administration, in con-
sultation with the Office of Personnel Management, 
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shall provide advice, assistance, and guidance to 
agencies, including with respect to— 
(A) questions of eligibility, including con-
siderations relating to employee performance; 
(B) information security; 
(C) making teleworking part of the agen-
cy’s (including individual supervisors’ and man-
agers’) goals; 
(D) in coordination with the Federal 
Emergency Management Agency, continuity of 
operations planning; and 
(E) the grievance process employees should 
follow in the event of a dispute that relates to 
teleworking. 
SEC. 4. TELEWORK MANAGING OFFICER. 
(a) IN GENERAL.—There shall be within each agency 
an officer to be known as the ‘‘Telework Managing Offi-
cer’’. The Telework Managing Officer shall— 
(1) in the case of an agency which has a posi-
tion of Chief Human Capital Officer— 
(A) be appointed by the Chief Human 
Capital Officer of such agency; and 
(B) be compensated at not less than the 
minimum rate of basic pay for grade GS–15 of 
the General Schedule; and 
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(2) in the case of an agency which does not 
have a position of Chief Human Capital Officer, be 
appointed or designated— 
(A) by the head of such agency; and 
(B) be compensated at not less than the 
minimum rate of basic pay for grade GS–15 of 
the General Schedule. 
(b) LIMITATIONS.—An individual may not hold the 
position of Telework Managing Officer as a noncareer ap-
pointee (as defined in section 3132(a)(7) of title 5, United 
States Code), and such position may not be considered or 
determined to be of a confidential, policy-determining, pol-
icy-making, or policy-advocating character. 
(c) DUTIES AND RESPONSIBILITIES.—The duties and 
responsibilities of the Telework Managing Officer of an 
agency are as follows: 
(1) Serving as— 
(A) an advisor to the head of the agency 
and the Chief Human Capital Officer of such 
agency (if any) on teleworking; 
(B) a resource on teleworking for super-
visors, managers, and employees of such agen-
cy; 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 pol-
icy is communicated effectively to employees. 
(3) Ensuring that electronic or written notifica-
tion is provided to each employee of specific telework 
programs and the agency’s teleworking policy, in-
cluding authorization criteria and application proce-
dures. 
(4) Developing and administering a tracking 
system 
for 
compliance 
with 
Government-wide 
telework reporting requirements. 
(5) Providing to the Comptroller General (and 
to the General Services Administration) such infor-
mation as the Comptroller General may require to 
prepare the annual reports under section 5(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 
maximize teleworking opportunities in the agency. 
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(8) Performing such other duties and respon-
sibilities relating to teleworking as the head of the 
agency may require. 
(d) TELEWORK COORDINATOR.—The appointment or 
designation of a Telework Managing Officer under sub-
section (a) shall be considered to satisfy the provisions of 
section 622 of division B of the Consolidated Appropria-
tions Act, 2005 (Public Law 108–447) requiring the des-
ignation of a ‘‘Telework Coordinator’’. 
SEC. 5. ANNUAL TELEWORK AGENCY RATING. 
(a) IN GENERAL.—The Comptroller General shall es-
tablish a system for evaluating— 
(1) the teleworking policy of each agency; and 
(2) employee participation in telework programs 
at each agency. 
(b) REPORT.—The Comptroller General shall, based 
on the system established under subsection (a), submit an 
annual report to the Committee on Oversight and Govern-
ment Reform of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate. Such report shall, with respect to the 
year covered by the report— 
(1) evaluate the teleworking policy of each 
agency; 
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(2) for each agency, indicate the total number 
of employees in such agency and identify— 
(A) the number of employees who were eli-
gible to telework; 
(B) the number of employees who tele-
worked an average of at least once a week on 
a regular basis, determined based on time spent 
actually teleworking; 
(C) the number of employees who tele-
worked at least once a month on a regular 
basis; 
(D) the number of employees who were not 
authorized to telework and the reason why they 
were not authorized; 
(E) the number of employees who were au-
thorized to telework and then later stopped tele-
working, the reasons why those employees 
stopped teleworking, and whether it was vol-
untary or due to other factors, such as office 
coverage needs or productivity; and 
(F) the extent to which barriers to maxi-
mizing teleworking opportunities have been 
identified and eliminated; 
(3) evaluate the compliance of each agency with 
the requirements of this Act; and 
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(4) identify best practices in agency telework 
programs. 
SEC. 6. CONTINUITY OF OPERATIONS. 
(a) IN GENERAL.—The head of each agency shall en-
sure that, to the maximum extent practicable, teleworking 
is incorporated into the continuity of operations planning 
of such agency. 
(b) COORDINATION RULE.—The continuity of oper-
ations plan of an agency shall supersede any teleworking 
policy of such agency to the extent that they are incon-
sistent with one another. 
(c) REPORTING REQUIREMENT.—No later than 1 
year after the date of the enactment of this Act, the Gen-
eral Services Administration, in coordination with the Of-
fice of Personnel Management, the Federal Emergency 
Management Agency, and the Chief Human Capital Offi-
cers Council, shall report to the Committee on Oversight 
and Government Reform of the House of Representatives 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate on the incorporation of tele-
working into agencies’ continuity of operations planning, 
including— 
(1) the extent to which such incorporation has 
occurred within each of the respective agencies; 
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(2) the extent to which each agency has con-
ducted continuity of operations tests and exercises 
incorporating teleworking for essential and non-es-
sential personnel; 
(3) the extent to which agencies have used tele-
working in response to emergencies; and 
(4) any recommendations the General Services 
Administration considers appropriate. 
SEC. 7. DEFINITIONS. 
For purposes of this Act— 
(1) the term ‘‘employee’’ has the meaning given 
such term by section 2105 of title 5, United States 
Code; 
(2) the term ‘‘agency’’ means an Executive 
agency, as defined by section 105 of title 5, United 
States Code; 
(3) the term ‘‘telework’’ or ‘‘teleworking’’ refers 
to a work arrangement in which an employee regu-
larly performs such employee’s duties and respon-
sibilities from home or another worksite removed 
from the employee’s regular place of employment; 
and 
(4) the term ‘‘continuity of operations’’ refers 
to the preparations and institutions maintained by 
the Government to provide for the continuation of 
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Government operations in the event of a catas-
trophe. 
Æ 
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