[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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