[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,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Telework Enhancement 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 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''.
SEC. 3. AUTHORITY FOR TELEWORK TRAVEL EXPENSES TEST PROGRAMS.
    (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.''.
SEC. 4. TELEWORK RESEARCH.
    (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.