[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 707 Engrossed in Senate (ES)]

111th CONGRESS
  2d Session
                                 S. 707

_______________________________________________________________________

                                 AN ACT


 
                To enhance the Federal Telework Program.

    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. DEFINITIONS.

    In this Act:
            (1) Employee.--The term ``employee'' has the meaning given 
        that term under section 2105 of title 5, United States Code.
            (2) Executive agency.--Except as provided in section 7, the 
        term ``executive agency'' has the meaning given that term under 
        section 105 of title 5, United States Code.
            (3) Telework.--The term ``telework'' means a work 
        arrangement in which an employee performs officially assigned 
        duties at home or other worksites geographically convenient to 
        the residence of the employee.

SEC. 3. EXECUTIVE AGENCIES TELEWORK REQUIREMENT.

    (a) Telework Eligibility.--Not later than 180 days after the date 
of enactment of this Act, the head of each executive agency shall--
            (1) establish a policy under which eligible employees of 
        the agency may be authorized to telework;
            (2) determine the eligibility for all employees of the 
        agency to participate in telework; and
            (3) notify all employees of the agency of their eligibility 
        to telework.
    (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; 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. 4. 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 3(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 Act.

SEC. 5. 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; 
                and
                    (B) the General Services Administration on policy 
                and policy guidance for telework in the areas of 
                telework centers, travel, technology, equipment, and 
                dependent care.
    (c) 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.
    (d) 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.

SEC. 6. TELEWORK MANAGING OFFICER.

    (a) In General.--
            (1) 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.
            (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''.
    (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.

SEC. 7. 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 Act 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 of title 
                5, United States Code, 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 Act 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 5(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.

SEC. 8. 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)(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. 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.
    ``(b) 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.
    ``(c)(1) An agency authorized to conduct a test program under 
subsection (a) 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.
    ``(d) No more than 10 test programs under this section may be 
conducted simultaneously.
    ``(e) 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. 9. PATENT AND TRADEMARK OFFICE TRAVEL EXPENSES TEST PROGRAM.

    (a) In General.--Section 5710 of title 5, United States Code, is 
amended--
            (1) in subsection (a)(1), by striking ``for a period not to 
        exceed 24 months''; and
            (2) by striking subsection (e) and inserting the following:
    ``(e)(1) The Patent and Trademark Office shall conduct a test 
program under this section.
    ``(2) 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, 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.
    ``(3)(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.
    ``(4)(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.
    ``(D)(i) Not later than 3 months after completion of the test 
program under this subsection, the Director of the Patent and Trademark 
Office shall provide a report on the results of the program to the 
Administrator of General Services and to the appropriate committees of 
Congress.
    ``(ii) The results in the report described under paragraph (1) may 
include--
            ``(I) the number of visits an employee makes to the pre-
        existing duty station of that employee;
            ``(II) the travel expenses paid by the Office;
            ``(III) the travel expenses paid by the employee; or
            ``(IV) any other information that the Director determines 
        may be useful to aid the Administrator and Congress in 
        understanding the test program and the impact of the program.
    ``(E) In this paragraph, the term `appropriate committees of 
Congress' means--
            ``(i) the Committees on Homeland Security and Governmental 
        Affairs and on the Judiciary of the Senate; and
            ``(ii) the Committees on Government Oversight and Reform 
        and on the Judiciary of the House of Representatives.
    ``(f)(1) Except as provided under paragraph (2), the authority to 
conduct test programs under this section shall expire 7 years after the 
date of the enactment of the Travel and Transportation Reform Act of 
1998.
    ``(2) The authority to conduct a test program by the Patent and 
Trademark Office under this section shall expire 20 years after the 
date of the enactment of the Travel and Transportation Reform Act of 
1998.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as though enacted as part of the Travel and Transportation 
Reform Act of 1998 (Public Law 105-264; 112 Stat. 2350).

            Passed the Senate May 24, 2010.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                                 S. 707

_______________________________________________________________________

                                 AN ACT

                To enhance the Federal Telework Program.