IIB 
110TH CONGRESS 
2D SESSION 
H. R. 4106 
IN THE SENATE OF THE UNITED STATES 
JUNE 4, 2008 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Telework Improve-
ments Act of 2008’’. 
SEC. 2. TELEWORK. 
(a) IN GENERAL.—Part III of title 5, United States 
Code, is amended by inserting after chapter 63 the fol-
lowing: 
‘‘CHAPTER 65—TELEWORK 
‘‘Sec. 
‘‘6501. Definitions. 
‘‘6502. Governmentwide telework requirement. 
‘‘6503. Implementation. 
‘‘6504. Telework Managing Officer. 
‘‘6505. Evaluating telework in agencies. 
‘‘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 pro-
vided 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 ac-
tivities, from home or another worksite removed 
from the employee’s regular place of employment; 
and 
‘‘(3) the term ‘continuity of operations’ refers 
to an effort within individual executive departments 
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and agencies to ensure that primary mission essen-
tial functions continue to be performed during a 
wide range of emergencies, including localized acts 
of nature, accidents, public health emergencies, and 
technological or attack-related emergencies. 
‘‘§ 6502. Governmentwide telework requirement 
‘‘(a) TELEWORK 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 regula-
tions which the Administrator of General Serv-
ices shall, within 120 days after the date of the 
enactment of this chapter and in coordination 
with the Office of Personnel Management, pre-
scribe for purposes of this subsection; and 
‘‘(B) shall ensure that employees are au-
thorized to telework— 
‘‘(i) to the maximum extent possible; 
and 
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‘‘(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 au-
thorize teleworking in the case of an employee whose 
duties and responsibilities— 
‘‘(A) require daily access to classified in-
formation; 
‘‘(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 permis-
sion 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 
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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 em-
ployee to telework as part of a continuity of oper-
ations 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 tele-
workers and nonteleworkers for purposes of 
performance appraisals; 
‘‘(2) the General Services Administration, in co-
ordination with the Office of Personnel Manage-
ment, shall provide advice, assistance, and, to the 
extent necessary, training to agencies, including with 
respect to— 
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‘‘(A) questions of eligibility to telework, in-
cluding considerations relating to employee per-
formance; and 
‘‘(B) making telework part of the agency’s 
goals, including those of individual supervisors 
and managers; 
‘‘(3) the General Services Administration, in co-
ordination 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 se-
curity policies and guidance issued by the Office of 
Management and Budget and the National Institute 
of Standards and Technology, and shall, at a min-
imum, include requirements necessary— 
‘‘(A) to control access to agency informa-
tion and information systems; 
‘‘(B) to protect agency information (includ-
ing personally identifiable information) and in-
formation systems; 
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‘‘(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 to be jointly controlled and 
funded by the General Services Administration 
and the Office of Personnel Management; and 
‘‘(B) include on that website any regula-
tions relating to telework and any other infor-
mation the General Services Administration and 
the Office of Personnel Management consider 
appropriate. 
‘‘§ 6504. Telework Managing Officer 
‘‘(a) APPOINTMENT AND COMPENSATION.— 
‘‘(1) IN GENERAL.—Each agency may appoint 
an officer to be known as the ‘Telework Managing 
Officer’. If an agency appoints a Telework Managing 
Officer, such Officer— 
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‘‘(A) shall be appointed— 
‘‘(i) by the Chief Human Capital Offi-
cer 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 (deter-
mined on a full-time equivalent basis) and the head 
of such agency certifies that being required to com-
ply 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 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. 
‘‘(c) DUTIES AND RESPONSIBILITIES.—The duties 
and responsibilities of the Telework Managing Officer of 
an agency shall be as follows: 
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‘‘(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 super-
visors, managers, and employees of such agen-
cy; and 
‘‘(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 notifi-
cation is provided to each employee of specific 
telework programs and the agency’s teleworking pol-
icy, 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 infor-
mation as the Comptroller General may require to 
prepare the annual reports under section 6505(b). 
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‘‘(6) Establishing a system for receiving feed-
back from agency employees on the agency’s 
telework policy. 
‘‘(7) Developing and implementing a program 
to identify and remove barriers to telework and to 
maximize telework 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 telework. 
‘‘(9) Performing such other duties and respon-
sibilities relating to telework as the head of the 
agency may require. 
‘‘(d) ALTERNATIVE TO TELEWORK MANAGING OFFI-
CER.—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. Evaluating telework in agencies 
‘‘(a) IN GENERAL.—The Comptroller General shall 
establish a system for evaluating— 
‘‘(1) the telework policy of each agency; and 
‘‘(2) employee participation in telework pro-
grams at each agency. 
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‘‘(b) ANNUAL REPORT.—The Comptroller General 
shall, based on the system established under subsection 
(a), submit an annual report to the Committee on Over-
sight and Government Reform of the House of Represent-
atives and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate. Each report under this 
subsection shall, with respect to the period covered by such 
report— 
‘‘(1) evaluate the telework policy of each agen-
cy; 
‘‘(2) for each agency, indicate the total number 
of employees in such agency and identify— 
‘‘(A) the number and percentage of em-
ployees who were eligible to telework; 
‘‘(B) the number and percentage of em-
ployees 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 em-
ployees 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 em-
ployees who teleworked at least once a month 
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on a regular basis, determined based on time 
spent actually teleworking; 
‘‘(E) the number and percentage of em-
ployees who were not authorized to telework 
and the reasons why they were not so author-
ized; 
‘‘(F) the number and percentage of em-
ployees 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 maxi-
mizing teleworking opportunities have been 
identified and eliminated; 
‘‘(H) the impact (if any) of the agency’s 
telework policy on the recruitment and reten-
tion of employees; 
‘‘(I) the impact (if any) of the agency’s 
telework policy on the performance of agency 
employees; and 
‘‘(J) the level of employee satisfaction with 
the agency’s telework policy, determined based 
on employee feedback; 
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‘‘(3) evaluate the compliance of each agency 
with the requirements of this chapter; and 
‘‘(4) identify best practices in agency telework 
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, 
telework is incorporated into the continuity of oper-
ations planning of such agency; and 
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‘‘(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 oper-
ations plan of an agency shall supersede any telework pol-
icy 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. 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 ‘‘appoint a Telework Managing Offi-
cer or designate the Chief Human Capital Officer or other 
career employee to be’’. 
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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 fol-
lowing: 
‘‘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 Exec-
utive departments and any other members who are 
designated by the Director of the Office of Personnel 
Management. 
‘‘(b) FUNCTIONS.—The Chief Human Capital Offi-
cers Council shall meet periodically to advise and coordi-
nate the activities of the agencies of its members on such 
matters as modernization of human resources systems, im-
proved quality of human resources information, telework 
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(as defined by section 6501), and legislation affecting 
human resources operations and organizations. 
‘‘(c) EMPLOYEE LABOR ORGANIZATIONS AT MEET-
INGS.—The Chief Human Capital Officers Council shall 
ensure that representatives of Federal employee labor or-
ganizations are present at a minimum of 1 meeting of the 
Council each year. Such representatives shall not be mem-
bers 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. 
‘‘SUBCHAPTER II—CHIEF HUMAN CAPITAL OFFICERS COUNCIL 
‘‘1421. Chief Human Capital Officers Council. 
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‘‘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
TELEWORK
INTO
CON-
TINUITY OF OPERATIONS PLANNING.—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 co-
ordination with the Office of Personnel Management, the 
Federal Emergency Management Agency, and the Chief 
Human Capital Officers Council, shall report to the appro-
priate committees of Congress on the incorporation of 
telework 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 con-
ducted continuity of operations tests and exercises 
incorporating telework for essential and non-essen-
tial personnel; 
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(3) the extent to which agencies have used 
telework 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 Con-
gress’’ means the Committee on Oversight and Gov-
ernment Reform of the House of Representatives 
and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate; 
(2) the terms ‘‘telework’’ and ‘‘continuity of op-
erations’’ 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 agency named 
in paragraph (1) or (2) of section 901(b) of title 31, 
United States Code. 
Passed the House of Representatives June 3, 2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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