[Congressional Record Volume 156, Number 79 (Monday, May 24, 2010)]
[Senate]
[Pages S4157-S4161]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    TELEWORK ENHANCEMENT ACT OF 2010

  Mr. DURBIN. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 362, S. 707.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 707) to enhance the Federal Telework Program.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with amendments, as follows:
  (The parts of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italics.)

                                 S. 707

       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 
     [2009] 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) [no distinction is made between] 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 [established] 
     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''.
       [(A)](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''.
       [(B)](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

[[Page S4158]]

       (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 [2009] 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.

[[Page S4159]]

       ``(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).

  Mr. DURBIN. Madam President, I ask unanimous consent that the 
committee-reported amendments be agreed to; the bill, as amended, be 
read a third time and passed; the motions to reconsider be laid upon 
the table, with no intervening action or debate; and any statements 
related to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendments were agreed to.
  The bill (S. 707), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                 S. 707

       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

[[Page S4160]]

       (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

[[Page S4161]]

     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).

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