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 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 fol-
lowing: 
‘‘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 agen-
cy (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 regu-
larly performs the duties and responsibilities of such 
employee’s position, and other authorized activities, 
from home or another worksite removed from the em-
ployee’s regular place of employment; 
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‘‘(3) the term ‘continuity of operations’ refers to 
the preparations and institutions maintained by the 
Government to provide for the continuation of Gov-
ernment 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 de-
clared by the President under the Robert T. Staf-
ford 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, sub-
ject to paragraph (2) and subsection (b). 
‘‘(2) REGULATIONS.—The policy of each agency 
under this subsection— 
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‘‘(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 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 author-
ize teleworking in the case of an employee whose du-
ties and responsibilities— 
‘‘(A) require daily access to classified infor-
mation; 
‘‘(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 
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‘‘(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 train-
ing; 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 chap-
ter 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— 
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‘‘(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 per-
formance appraisals; 
‘‘(2) the General Services Administration, in co-
ordination 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, in-
cluding considerations relating to employee per-
formance; and 
‘‘(B) making teleworking part of the agen-
cy’s goals, including those of individual super-
visors and managers; 
‘‘(3) the General Services Administration, in co-
ordination with the Office of Management and Budget 
and the National Institute of Standards and Tech-
nology, shall prescribe regulations, within 120 days 
after the date of the enactment of this chapter, to en-
sure the adequacy of information and security protec-
tions for information and information systems used 
in, or otherwise affected by, teleworking; such regula-
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tions shall be consistent with information security 
policies and guidance issued by the Office of Manage-
ment 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 (includ-
ing personally identifiable information) and in-
formation 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 regula-
tions relating to teleworking and any other in-
formation the General Services Administration 
considers appropriate. 
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‘‘§ 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 Man-
aging Officer’. The Telework Managing Officer of an 
agency— 
‘‘(A) shall be appointed— 
‘‘(i) by the Chief Human Capital Offi-
cer of such agency; or 
‘‘(ii) if none, by the head of such agen-
cy; 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 comply 
with paragraph (1)(B) would adversely impact agen-
cy 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-
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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: 
‘‘(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 agency; 
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 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, includ-
ing authorization criteria and application proce-
dures. 
‘‘(4) Developing and administering a tracking 
system for compliance with Governmentwide telework 
reporting requirements. 
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‘‘(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). 
‘‘(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 respon-
sibilities relating to teleworking 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 re-
sponsibilities of a Telework Managing Officer shall be car-
ried out by the Chief Human Capital Officer of, or a career 
employee in, such agency, as determined by the agency 
head. 
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‘‘§ 6505. 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 pro-
grams 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 Af-
fairs 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 agen-
cy; 
‘‘(2) for each agency, indicate the total number 
of employees in such agency and identify— 
‘‘(A) the number and percentage of employ-
ees who were eligible to telework; 
‘‘(B) the number and percentage of employ-
ees 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 employ-
ees who teleworked an average of at least 20 per-
cent of the hours that they worked in every 2 ad-
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ministrative workweeks, determined based on 
time spent actually teleworking; 
‘‘(D) the number and percentage of employ-
ees who teleworked at least once a month on a 
regular basis, determined based on time spent 
actually teleworking; 
‘‘(E) the number and percentage of employ-
ees who were not authorized to telework and the 
reasons why they were not so authorized; 
‘‘(F) the number and percentage of employ-
ees 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 iden-
tified and eliminated; 
‘‘(H) the impact (if any) of the agency’s 
teleworking policy on the recruitment and reten-
tion of employees; 
‘‘(I) the impact (if any) of the agency’s tele-
working policy on the performance of agency em-
ployees; and 
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‘‘(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 consid-
ered to be in compliance with the requirements of this chap-
ter 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 em-
ployees 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 en-
sure that— 
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‘‘(1) to the maximum extent practicable, tele-
working is incorporated into the continuity of oper-
ations 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 oper-
ations 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, Jus-
tice, and State, the Judiciary, and Related Agencies Appro-
priations Act, 2005, as contained in the Consolidated Ap-
propriations 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 Offi-
cer 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 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 Man-
agement, 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 Execu-
tive departments and any other members who are des-
ignated 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 de-
fined by section 6501), and legislation affecting human re-
sources operations and organizations. 
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‘‘(c) EMPLOYEE LABOR ORGANIZATIONS AT MEET-
INGS.—The Chief Human Capital Officers Council shall en-
sure that representatives of Federal employee labor organi-
zations are present at a minimum of 1 meeting of the Coun-
cil 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. 
‘‘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’’. 
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(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 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 tele-
working 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 in-
corporating teleworking for essential and non-essen-
tial 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. 
(b) DEFINITIONS.—For purposes of this section— 
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(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 Govern-
mental 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 amend-
ed by section 2); and 
(3) the term ‘‘agency’’ means an Executive agen-
cy (as defined by section 105 of title 5, United States 
Code), excluding any having fewer than 100 employ-
ees (as defined by section 2105 of such title), deter-
mined on a full-time equivalent basis. 
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