IIB 
111TH CONGRESS 
2D SESSION 
H. R. 1722 
IN THE SENATE OF THE UNITED STATES 
JULY 15, 2010 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To require the head of each executive agency to establish 
and implement a policy under which employees shall 
be authorized to telework, and for other purposes. 
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 2010’’. 
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. 
‘‘§ 6501. Definitions 
‘‘For purposes of this chapter— 
‘‘(1) the term ‘agency’ means an Executive 
agency (as defined by section 105), except as other-
wise provided in this chapter; 
‘‘(2) the term ‘telework’ or ‘teleworking’ refers 
to a work flexibility arrangement under which an 
employee performs the duties and responsibilities of 
such employee’s position, and other authorized ac-
tivities, from an approved worksite other than the lo-
cation from which the employee would otherwise 
work; 
‘‘(3) the term ‘continuity of operations’, as used 
with respect to an agency, refers to measures de-
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signed to ensure that functions essential to the mis-
sion of the agency can continue to be performed dur-
ing a wide range of emergencies, including localized 
acts of nature, accidents, public health emergencies, 
and technological or attack-related emergencies; and 
‘‘(4) the term ‘Telework Managing Officer’ 
means, with respect to an agency, the Telework 
Managing Officer of the agency designated under 
section 6504. 
‘‘§ 6502. Governmentwide telework requirement 
‘‘(a) TELEWORK REQUIREMENT.— 
‘‘(1) IN GENERAL.—Not later than one year 
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) AGENCY
POLICIES.—The head of each 
agency shall ensure— 
‘‘(A) that the telework policy established 
under this section— 
‘‘(i) conforms to the regulations pro-
mulgated by the Director of the Office of 
Personnel 
Management 
under 
section 
6503, and 
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‘‘(ii) authorizes employees to telework 
to the maximum extent possible without di-
minishing agency operations and perform-
ance; and 
‘‘(B) that information on whether a posi-
tion is eligible for telework is included in de-
scriptions of available positions and recruiting 
materials. 
‘‘(b) LIMITATIONS.— 
‘‘(1) CERTAIN
EMPLOYEES
NOT
AUTHORIZED 
TO
TELEWORK.—An employee may not telework 
under a policy established under this chapter if any 
of the following apply to the employee: 
‘‘(A) The employee has a seriously delin-
quent tax debt (as determined under paragraph 
(2)). 
‘‘(B) The employee has been officially dis-
ciplined for violations of subpart G of the 
Standards of Ethical Conduct for Employees of 
the Executive Branch for viewing, downloading, 
or exchanging pornography, including child por-
nography, on a Federal Government computer 
or while performing official Federal Govern-
ment duties. 
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‘‘(C) The employee received a payment 
under the Low-Income Home Energy Assist-
ance Act of 1981 (42 U.S.C. 8621 et seq.) but 
was ineligible to receive the payment under the 
criteria described in section 2605(b)(2) of such 
Act (42 U.S.C. 8624(b)(2)). 
‘‘(D) The employee has been officially dis-
ciplined for being absent without permission for 
more than 5 days in any calendar year. 
‘‘(2) DETERMINATION
OF
SERIOUSLY
DELIN-
QUENT TAX DEBT.— 
‘‘(A) IN GENERAL.—For purposes of para-
graph (1)(A), a ‘seriously delinquent tax debt’ 
means an outstanding debt under the Internal 
Revenue Code of 1986 for which a notice of lien 
has been filed in public records pursuant to sec-
tion 6323 of such Code, except that such term 
does not include— 
‘‘(i) a debt that is being paid in a 
timely manner pursuant to an agreement 
under section 6159 or section 7122 of such 
Code; 
‘‘(ii) a debt with respect to which a 
levy has been issued under section 6331 of 
such Code upon accrued salary or wages 
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(or, in the case of an applicant for employ-
ment, a debt with respect to which the ap-
plicant agrees to be subject to a levy issued 
under such section upon accrued salary or 
wages); and 
‘‘(iii) a debt with respect to which a 
collection due process hearing under sec-
tion 6330 of such Code, or relief under 
subsection (a), (b), or (f) of section 6015 
of such Code, is requested or pending. 
‘‘(B) REGULATIONS.—The Office of Per-
sonnel Management shall, for purposes of car-
rying out this paragraph, prescribe any regula-
tions which the Office considers necessary, ex-
cept that such regulations shall provide that an 
individual shall be given a reasonable amount of 
time to demonstrate that the individual’s debt 
is described in clause (i), (ii), or (iii) of sub-
paragraph (A). 
‘‘(3) CERTIFICATION OF SAVINGS.—An agency 
may not permit employees to telework under a policy 
established under this chapter unless the head of the 
agency certifies to the Director of the Office of Per-
sonnel Management that the implementation of the 
policy will result in savings to the agency. 
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‘‘(4) PROVISIONS RELATING TO CERTAIN CIR-
CUMSTANCES.—Nothing in subsection (a) shall be 
considered— 
‘‘(A) to require the head of an agency to 
authorize teleworking in the case of an em-
ployee whose duties and responsibilities— 
‘‘(i) require daily direct handling of 
classified information; or 
‘‘(ii) are such that their performance 
requires on-site activity which cannot be 
carried out from a site removed from the 
employee’s regular place of employment; or 
‘‘(B) to prevent the temporary denial of 
permission for an employee to telework if, in 
the judgment of the agency head, the employee 
is needed to respond to an emergency. 
‘‘(c) PROHIBITING COLLECTIVE BARGAINING ACTIVI-
TIES WHILE TELEWORKING.—Notwithstanding any provi-
sion of chapter 71, any time during which an employee 
teleworks may not be treated as ‘official time’ for purposes 
of the authority to carry out any activity under section 
7131 of this title. 
‘‘(d) REQUIREMENT THAT PRESIDENTIAL AND VICE- 
PRESIDENTIAL RECORDS CREATED
ON NON-OFFICIAL 
ELECTRONIC MAIL OR SOCIAL MEDIA ACCOUNTS WHILE 
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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; 
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‘‘(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— 
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‘‘(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 
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‘‘(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 
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