[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1722 Enrolled Bill (ENR)]
H.R.1722
One Hundred Eleventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, two thousand and ten
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 Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``Telework Enhancement Act of 2010''.

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(a) In General.--Part III of title 5, United States Code, is
amended by inserting after chapter 63 the following:
``CHAPTER 65--TELEWORK
``Sec.
``6501. Definitions.
``6502. Executive agencies telework requirement.
``6503. Training and monitoring.
``6504. Policy and support.
``6505. Telework Managing Officer.
``6506. Reports.
``Sec. 6501. Definitions
``In this chapter:
``(1) Employee.--The term `employee' has the meaning given that
term under section 2105.
``(2) Executive agency.--Except as provided in section 6506,
the term `executive agency' has the meaning given that term under
section 105.
``(3) Telework.--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 activities, from an approved worksite other than the
location from which the employee would otherwise work.
``Sec. 6502. Executive agencies telework requirement
``(a) Telework Eligibility.--
``(1) In general.--Not later than 180 days after the date of
enactment of this chapter, the head of each executive agency
shall--
``(A) establish a policy under which eligible employees of
the agency may be authorized to telework;
``(B) determine the eligibility for all employees of the
agency to participate in telework; and
``(C) notify all employees of the agency of their
eligibility to telework.
``(2) Limitation.--An employee may not telework under a policy
established under this section if--
``(A) the employee has been officially disciplined for
being absent without permission for more than 5 days in any
calendar year; or
``(B) the employee has been officially disciplined 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 pornography, on a
Federal Government computer or while performing official
Federal Government duties.
``(b) Participation.--The policy described under subsection (a)
shall--
``(1) ensure that telework does not diminish employee
performance or agency operations;
``(2) require a written agreement that--
``(A) is entered into between an agency manager and an
employee authorized to telework, that outlines the specific
work arrangement that is agreed to; and
``(B) is mandatory in order for any employee to participate
in telework;
``(3) provide that an employee may not be authorized to
telework if the performance of that employee does not comply with
the terms of the written agreement between the agency manager and
that employee;
``(4) except in emergency situations as determined by the head
of an agency, not apply to any employee of the agency whose
official duties require on a daily basis (every work day)--
``(A) direct handling of secure materials determined to be
inappropriate for telework by the agency head; or
``(B) on-site activity that cannot be handled remotely or
at an alternate worksite; and
``(5) be incorporated as part of the continuity of operations
plans of the agency in the event of an emergency.
``Sec. 6503. Training and monitoring
``(a) In General.--The head of each executive agency shall ensure
that--
``(1) an interactive telework training program is provided to--
``(A) employees eligible to participate in the telework
program of the agency; and
``(B) all managers of teleworkers;
``(2) except as provided under subsection (b), an employee has
successfully completed the interactive telework training program
before that employee enters into a written agreement to telework
described under section 6502(b)(2);
``(3) teleworkers and nonteleworkers are treated the same for
purposes of--
``(A) periodic appraisals of job performance of employees;
``(B) training, rewarding, reassigning, promoting, reducing
in grade, retaining, and removing employees;
``(C) work requirements; or
``(D) other acts involving managerial discretion; and
``(4) when determining what constitutes diminished employee
performance, the agency shall consult the performance management
guidelines of the Office of Personnel Management.
``(b) Training Requirement Exemptions.--The head of an executive
agency may provide for an exemption from the training requirements
under subsection (a), if the head of that agency determines that the
training would be unnecessary because the employee is already
teleworking under a work arrangement in effect before the date of
enactment of this chapter.
``Sec. 6504. Policy and support
``(a) Agency Consultation With the Office of Personnel
Management.--Each executive agency shall consult with the Office of
Personnel Management in developing telework policies.
``(b) Guidance and Consultation.--The Office of Personnel
Management shall--
``(1) provide policy and policy guidance for telework in the
areas of pay and leave, agency closure, performance management,
official worksite, recruitment and retention, and accommodations
for employees with disabilities;
``(2) assist each agency in establishing appropriate
qualitative and quantitative measures and teleworking goals; and
``(3) consult with--
``(A) the Federal Emergency Management Agency on policy and
policy guidance for telework in the areas of continuation of
operations and long-term emergencies;
``(B) the General Services Administration on policy and
policy guidance for telework in the areas of telework centers,
travel, technology, equipment, and dependent care; and
``(C) the National Archives and Records Administration on
policy and policy guidance for telework in the areas of
efficient and effective records management and the preservation
of records, including Presidential and Vice-Presidential
records.
``(c) Security Guidelines.--
``(1) In general.--The Director of the Office of Management and
Budget, in coordination with the Department of Homeland Security
and 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.
``(2) Contents.--Guidelines issued under this subsection shall,
at a minimum, include requirements necessary to--
``(A) control access to agency information and information
systems;
``(B) protect agency information (including personally
identifiable information) and information systems;
``(C) limit the introduction of vulnerabilities;
``(D) protect information systems not under the control of
the agency that are used for teleworking;
``(E) safeguard wireless and other telecommunications
capabilities that are used for teleworking; and
``(F) 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 exchanging pornography, including child
pornography.
``(d) Continuity of Operations Plans.--
``(1) Incorporation into continuity of operations plans.--Each
executive agency shall incorporate telework into the continuity of
operations plan of that agency.
``(2) Continuity of operations plans supersede telework
policy.--During any period that an executive agency is operating
under a continuity of operations plan, that plan shall supersede
any telework policy.
``(e) Telework Website.--The Office of Personnel Management shall--
``(1) maintain a central telework website; and
``(2) include on that website related--
``(A) telework links;
``(B) announcements;
``(C) guidance developed by the Office of Personnel
Management; and
``(D) guidance submitted by the Federal Emergency
Management Agency, and the General Services Administration to
the Office of Personnel Management not later than 10 business
days after the date of submission.
``(f) Policy Guidance on Purchasing Computer Systems.--Not later
than 120 days after the date of the enactment of this chapter, the
Director of the Office of Management and Budget shall issue policy
guidance requiring each executive agency when purchasing computer
systems, to purchase 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. 6505. Telework Managing Officer
``(a) Designation.--The head of each executive agency shall
designate an employee of the agency as the Telework Managing Officer.
The Telework Managing Officer shall be established within the Office of
the Chief Human Capital Officer or a comparable office with similar
functions.
``(b) Duties.--The Telework Managing Officer shall--
``(1) be devoted to policy development and implementation
related to agency telework programs;
``(2) serve as--
``(A) an advisor for agency leadership, including the Chief
Human Capital Officer;
``(B) a resource for managers and employees; and
``(C) a primary agency point of contact for the Office of
Personnel Management on telework matters; and
``(3) perform other duties as the applicable delegating
authority may assign.
``(c) Status Within Agency.--The Telework Managing Officer of an
agency shall be a senior official of the agency who has direct access
to the head of the agency.
``(d) 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.
``Sec. 6506. Reports
``(a) Definition.--In this section, the term `executive agency'
shall not include the Government Accountability Office.
``(b) Reports by the Office of Personnel Management.--
``(1) Submission of reports.--Not later than 18 months after
the date of enactment of this chapter and on an annual basis
thereafter, the Director of the Office of Personnel Management, in
consultation with Chief Human Capital Officers Council, shall--
``(A) submit a report addressing the telework programs of
each executive agency to--
``(i) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(ii) the Committee on Oversight and Government Reform
of the House of Representatives; and
``(B) transmit a copy of the report to the Comptroller
General and the Office of Management and Budget.
``(2) Contents.--Each report submitted under this subsection
shall include--
``(A) the degree of participation by employees of each
executive agency in teleworking during the period covered by
the report (and for each executive agency whose head is
referred to under section 5312, the degree of participation in
each bureau, division, or other major administrative unit of
that agency), including--
``(i) the total number of employees in the agency;
``(ii) the number and percent of employees in the
agency who are eligible to telework; and
``(iii) the number and percent of eligible employees in
the agency who are teleworking--
``(I) 3 or more days per pay period;
``(II) 1 or 2 days per pay period;
``(III) once per month; and
``(IV) on an occasional, episodic, or short-term
basis;
``(B) the method for gathering telework data in each
agency;
``(C) if the total number of employees teleworking is 10
percent higher or lower than the previous year in any agency,
the reasons for the positive or negative variation;
``(D) the agency goal for increasing participation to the
extent practicable or necessary for the next reporting period,
as indicated by the percent of eligible employees teleworking
in each frequency category described under subparagraph
(A)(iii);
``(E) an explanation of whether or not the agency met the
goals for the last reporting period and, if not, what actions
are being taken to identify and eliminate barriers to
maximizing telework opportunities for the next reporting
period;
``(F) an assessment of the progress each agency has made in
meeting agency participation rate goals during the reporting
period, and other agency goals relating to telework, such as
the impact of telework on--
``(i) emergency readiness;
``(ii) energy use;
``(iii) recruitment and retention;
``(iv) performance;
``(v) productivity; and
``(vi) employee attitudes and opinions regarding
telework; and
``(G) the best practices in agency telework programs.
``(c) Comptroller General Reports.--
``(1) Report on government accountability office telework
program.--
``(A) In general.--Not later than 18 months after the date
of enactment of this chapter and on an annual basis thereafter,
the Comptroller General shall submit a report addressing the
telework program of the Government Accountability Office to--
``(i) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
``(ii) the Committee on Oversight and Government Reform
of the House of Representatives.
``(B) Contents.--Each report submitted by the Comptroller
General shall include the same information as required under
subsection (b) applicable to the Government Accountability
Office.
``(2) Report to congress on office of personnel management
report.--Not later than 6 months after the submission of the first
report to Congress required under subsection (b), the Comptroller
General shall review that report required under subsection (b) and
submit a report to Congress on the progress each executive agency
has made towards the goals established under section 6504(b)(2).
``(d) Chief Human Capital Officer Reports.--
``(1) In general.--Each year the Chief Human Capital Officer of
each executive agency, in consultation with the Telework Managing
Officer of that agency, shall submit a report to the Chair and Vice
Chair of the Chief Human Capital Officers Council on agency
management efforts to promote telework.
``(2) Review and inclusion of relevant information.--The Chair
and Vice Chair of the Chief Human Capital Officers Council shall--
``(A) review the reports submitted under paragraph (1);
``(B) include relevant information from the submitted
reports in the annual report to Congress required under
subsection (b); and
``(C) use that relevant information for other purposes
related to the strategic management of human capital.''.
(b) Technical and Conforming Amendments.--
(1) Table of chapters.--The table of chapters 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) Telework coordinators.--
(A) Appropriations act, 2003.--Section 623 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2003 (Public Law 108-7;
117 Stat. 103) is amended by striking ``designate a `Telework
Coordinator' to be'' and inserting ``designate a Telework
Managing Officer to be''.
(B) Appropriations act, 2004.--Section 627 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2004 (Public Law 108-199;
118 Stat. 99) is amended by striking ``designate a `Telework
Coordinator' to be'' and inserting ``designate a Telework
Managing Officer to be''.
(C) Appropriations act, 2005.--Section 622 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2005 (Public Law 108-447;
118 Stat. 2919) is amended by striking ``designate a `Telework
Coordinator' to be'' and inserting ``designate a Telework
Managing Officer to be''.
(D) Appropriations act, 2006.--Section 617 of the Science,
State, Justice, Commerce, and Related Agencies Appropriations
Act, 2006 (Public Law 109-108; 119 Stat. 2340) is amended by
striking ``maintain a `Telework Coordinator' to be'' and
inserting ``maintain a Telework Managing Officer to be''.

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(a) In General.--Chapter 57 of title 5, United States Code, is
amended by inserting after section 5710 the following:
``Sec. 5711. Authority for telework travel expenses test programs
``(a) Except as provided under subsection (f)(1), in this section,
the term `appropriate committees of Congress' means--
``(1) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(2) the Committee on Oversight and Government Reform of the
House of Representatives.
``(b)(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 subchapter. An agency shall include in any request to the
Administrator for approval of such a test program an analysis of the
expected costs and benefits and a set of criteria for evaluating the
effectiveness of the program.
``(2) Any test program conducted under this section shall be
designed to enhance cost savings or other efficiencies that accrue to
the Government.
``(3) Under any test program, if an agency employee voluntarily
relocates from the pre-existing duty station of that employee, the
Administrator 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 agency.
``(4) Nothing in this section is intended to limit the authority of
any agency to conduct test programs.
``(c) The Administrator shall transmit a copy of any test program
approved by the Administrator under this section, and the rationale for
approval, to the appropriate committees of Congress at least 30 days
before the effective date of the program.
``(d)(1) An agency authorized to conduct a test program under
subsection (b) shall provide to the Administrator, 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 completion of the program.
``(2) The results in a report described under paragraph (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 determines useful to aid
the Administrator, Telework Managing Officer, and Congress in
understanding the test program and the impact of the program.
``(e) No more than 10 test programs under this section may be
conducted simultaneously.
``(f)(1) In this subsection, the term `appropriate committee of
Congress' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate;
``(B) the Committee on Oversight and Government Reform of the
House of Representatives;
``(C) the Committee on the Judiciary of the Senate; and
``(D) the Committee on the Judiciary of the House of
Representatives.
``(2) The Patent and Trademark Office shall conduct a test program
under this section, including the provision of reports in accordance
with subsection (d)(1).
``(3) In conducting the program under this subsection, the Patent
and Trademark Office may pay any travel expenses of an employee for
travel to and from a Patent and Trademark Office worksite or provide an
employee with the option to waive any payment authorized or required
under this subchapter, if--
``(A) the employee is employed at a Patent and Trademark Office
worksite and enters into an approved telework arrangement;
``(B) the employee requests to telework from a location beyond
the local commuting area of the Patent and Trademark Office
worksite; and
``(C) the Patent and Trademark Office approves the requested
arrangement for reasons of employee convenience instead of an
agency need for the employee to relocate in order to perform duties
specific to the new location.
``(4)(A) The Patent and Trademark Office shall establish an
oversight committee comprising an equal number of members representing
management and labor, including representatives from each collective
bargaining unit.
``(B) The oversight committee shall develop the operating
procedures for the program under this subsection to--
``(i) provide for the effective and appropriate functioning of
the program; and
``(ii) ensure that--
``(I) reasonable technological or other alternatives to
employee travel are used before requiring employee travel,
including teleconferencing, videoconferencing or internet-based
technologies;
``(II) the program is applied consistently and equitably
throughout the Patent and Trademark Office; and
``(III) an optimal operating standard is developed and
implemented for maximizing the use of the telework arrangement
described under paragraph (2) while minimizing agency travel
expenses and employee travel requirements.
``(5)(A) The test program under this subsection shall be designed
to enhance cost savings or other efficiencies that accrue to the
Government.
``(B) The Director of the Patent and Trademark Office shall--
``(i) prepare an analysis of the expected costs and
benefits and a set of criteria for evaluating the effectiveness
of the program; and
``(ii) before the test program is implemented, submit the
analysis and criteria to the Administrator of General Services
and to the appropriate committees of Congress.
``(C) With respect to an employee of the Patent and Trademark
Office who voluntarily relocates from the pre-existing duty station of
that employee, the operating procedures of the program may include 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 the Office.
``(g) The authority to conduct test programs under this section
shall expire 7 years after the date of the enactment of the Telework
Enhancement Act of 2010.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 57 of title 5, United States Code, is amended by inserting
after the item relating to section 5710 the following:
``5711. Authority for telework travel expenses test programs.''.

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(a) Research by OPM on Telework.--The Director of the Office of
Personnel Management shall--
(1) research 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 increase in
telework, including the effects of telework on energy consumption,
job creation 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) under a
contract entered into by the Director using competitive procedures
under section 303 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253).
(c) Use of Other Federal Agencies.--The heads of Federal agencies
with relevant jurisdiction over the subject matters in subsection
(a)(2) shall work cooperatively with the Director of the Office of
Personnel Management to carry out that subsection, if the Director
determines that coordination is necessary to fulfill obligations under
that subsection.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Telework Enhancement Act of 2010 — HR. 1722

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