[House Report 111-474]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-474

======================================================================



 
                   TELEWORK IMPROVEMENTS ACT OF 2010

                                _______
                                

  May 4, 2010.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Towns, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1722]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Oversight and Government Reform, to whom was 
referred the bill (H.R. 1722) to improve teleworking in 
executive agencies by developing a telework program that allows 
employees to telework at least 20 percent of the hours worked 
in every 2 administrative workweeks, and for other purposes, 
having considered the same, report favorably thereon with 
amendments and recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     6
Background and Need for Legislation..............................     7
Legislative History..............................................     8
Section-by-Section...............................................     8
Explanation of Amendments........................................    12
Committee Consideration..........................................    12
Rollcall Votes...................................................    12
Application of Law to the Legislative Branch.....................    12
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    13
Statement of General Performance Goals and Objectives............    13
Constitutional Authority Statement...............................    13
Federal Advisory Committee Act...................................    13
Unfunded Mandate Statement.......................................    13
Earmark Identification...........................................    13
Committee Estimate...............................................    13
Budget Authority and Congressional Budget Office Cost Estimate...    14
Changes in Existing Law Made by the Bill, as Reported............    16

  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

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

SEC. 2. TELEWORK.

  (a) In General.--Part III of title 5, United States Code, is amended 
by inserting after chapter 63 the following:

                         ``CHAPTER 65--TELEWORK

``Sec.
``6501. Definitions.
``6502. Governmentwide telework requirement.
``6503. Implementation.
``6504. Telework Managing Officer.
``6505. Evaluating telework in agencies.

``Sec. 6501. Definitions

  ``For purposes of this chapter--
          ``(1) the term `agency' means an Executive agency (as defined 
        by section 105), except as otherwise provided in this chapter;
          ``(2) the term `telework' or `teleworking' refers to a work 
        flexibility arrangement under which an employee performs the 
        duties and responsibilities of such employee's position, and 
        other authorized activities, from an approved worksite other 
        than the location from which the employee would otherwise work;
          ``(3) the term `continuity of operations', as used with 
        respect to an agency, refers to measures designed to ensure 
        that functions essential to the mission of the agency can 
        continue to be performed during a wide range of emergencies, 
        including localized acts of nature, accidents, public health 
        emergencies, and technological or attack-related emergencies; 
        and
          ``(4) the term `Telework Managing Officer' means, with 
        respect to an agency, the Telework Managing Officer of the 
        agency designated under section 6504.

``Sec. 6502. Governmentwide telework requirement

  ``(a) Telework Requirement.--
          ``(1) In general.--Not later than one year after the date of 
        the enactment of this chapter, the head of each agency shall 
        establish a policy under which employees shall be authorized to 
        telework, subject to paragraph (2) and subsection (b).
          ``(2) Agency policies.--The head of each agency shall 
        ensure--
                  ``(A) that the telework policy established under this 
                section--
                          ``(i) conforms to the regulations promulgated 
                        by the Director of the Office of Personnel 
                        Management under section 6503, and
                          ``(ii) authorizes employees to telework to 
                        the maximum extent possible without diminishing 
                        agency operations and performance; and
                  ``(B) that information on the eligibility of 
                employees to telework is included in descriptions of 
                available positions and other recruiting materials.
  ``(b) Provisions Relating to Certain Circumstances.--Nothing in 
subsection (a) shall be considered--
          ``(1) to require the head of an agency to authorize 
        teleworking in the case of an employee whose duties and 
        responsibilities--
                  ``(A) require daily direct handling of classified 
                information; or
                  ``(B) are such that their performance requires on-
                site activity which cannot be carried out from a site 
                removed from the employee's regular place of 
                employment; or
          ``(2) to prevent the temporary denial of permission for an 
        employee to telework if, in the judgment of the agency head, 
        the employee is needed to respond to an emergency.
  ``(c) Rule of Construction.--Nothing in this chapter shall--
          ``(1) be considered to require any employee to telework; or
          ``(2) prevent an agency from permitting an employee to 
        telework as part of a continuity of operations plan.

``Sec. 6503. Implementation

  ``(a) Responsibilities of Agencies.--The head of each agency shall 
ensure that--
          ``(1) appropriate training is provided to supervisors and 
        managers, and to all employees who are authorized to telework, 
        as directed by the Telework Managing Officer of such agency;
          ``(2) the training covers the information security guidelines 
        issued by the Director of the Office of Management and Budget 
        under this section;
          ``(3) no distinction is made between teleworkers and 
        nonteleworkers for purposes of--
                  ``(A) periodic appraisals of job performance of 
                employees,
                  ``(B) training, rewarding, reassigning, promoting, 
                reducing in grade, retaining, or removing employees,
                  ``(C) work requirements, or
                  ``(D) other acts involving managerial discretion;
          ``(4) in determining what constitutes diminished performance 
        in the case of an employee who teleworks, the agency shall 
        consult the performance management guidelines of the Office of 
        Personnel Management; and
          ``(5) in the case of an agency which is named in paragraph 
        (1) or (2) of section 901(b) of title 31, the agency 
        incorporates telework in its continuity of operations plans and 
        uses telework in response to emergencies.
  ``(b) Promulgation of Regulations by OPM.--The Director of the Office 
of Personnel Management shall--
          ``(1) not later than 180 days after the date of the enactment 
        of this chapter, in consultation with the Administrator of 
        General Services, promulgate regulations necessary to carry out 
        this chapter, except that such regulations shall not apply with 
        respect to the Government Accountability Office;
          ``(2) provide advice, assistance, and any necessary training 
        to agencies with respect to the requirements of this chapter, 
        including with respect to--
                  ``(A) questions of eligibility to telework, such as 
                considerations relating to employee performance, and
                  ``(B) making telework part of the agency's goals, 
                including those of individual supervisors and managers; 
                and
          ``(3) in consultation with the Administrator of General 
        Services, maintain a central, publicly available telework 
        website that includes--
                  ``(A) any regulations relating to telework and any 
                other information the Director considers appropriate,
                  ``(B) an e-mail address which may be used to submit 
                comments to the Director on agency telework programs or 
                agreements, and
                  ``(C) a copy of all reports issued under section 
                6505(a).
  ``(c) Security Guidelines.--The Director of the Office of Management 
and Budget, in coordination with the National Institute of Standards 
and Technology, shall issue guidelines not later than 180 days after 
the date of the enactment of this chapter to ensure the adequacy of 
information and security protections for information and information 
systems used in, or otherwise affected by, teleworking. Such guidelines 
shall, at a minimum, include requirements necessary--
          ``(1) to control access to agency information and information 
        systems;
          ``(2) to protect agency information (including personally 
        identifiable information) and information systems;
          ``(3) to limit the introduction of vulnerabilities;
          ``(4) to protect information systems not under the control of 
        the agency that are used for teleworking; and
          ``(5) to safeguard wireless and other telecommunications 
        capabilities that are used for teleworking.

``Sec. 6504. Telework Managing Officer

  ``(a) Designation and Compensation.--Each agency shall designate an 
officer, to be known as the `Telework Managing Officer'. The Telework 
Managing Officer of an agency shall be designated--
          ``(1) by the Chief Human Capital Officer of such agency; or
          ``(2) if the agency does not have a Chief Human Capital 
        Officer, by the head of such agency.
  ``(b) Status Within Agency.--The Telework Managing Officer of an 
agency shall be a senior official of the agency who has direct access 
to the head of the agency.
  ``(c) Limitations.--An individual may not hold the position of 
Telework Managing Officer as a noncareer appointee (as defined in 
section 3132(a)(7)), and such position may not be considered or 
determined to be of a confidential, policy-determining, policy-making, 
or policy advocating character.
  ``(d) Duties and Responsibilities.--Each Telework Managing Officer of 
an agency shall--
          ``(1) provide advice on teleworking to the head of such 
        agency and to the Chief Human Capital Officer of such agency 
        (if any);
          ``(2) serve as a resource on teleworking for supervisors, 
        managers, and employees of such agency;
          ``(3) serve as the primary point of contact on telework 
        matters for agency employees and (with respect to such agency) 
        for Congress and other agencies;
          ``(4) work with senior management of the agency to develop 
        and implement a plan to incorporate telework into the agency's 
        regular business strategies and its continuity of operations 
        strategies, taking into consideration factors such as--
                  ``(A) cost-effectiveness,
                  ``(B) equipment,
                  ``(C) training, and
                  ``(D) data collection;
          ``(5) ensure that the agency's telework policy is 
        communicated effectively to employees;
          ``(6) ensure that electronic or written notification is 
        provided to each employee of specific telework programs and the 
        agency's telework policy, including authorization criteria and 
        application procedures;
          ``(7) develop and administer a tracking system for compliance 
        with Governmentwide telework reporting requirements;
          ``(8) provide to the Director of the Office of Personnel 
        Management and the Comptroller General such information as such 
        individuals may require to prepare the reports required under 
        section 6505, including the techniques used to verify and 
        validate data on telework, except that this paragraph shall not 
        apply with respect to the Government Accountability Office;
          ``(9) establish a system for receiving feedback from agency 
        employees on the telework policy of the agency;
          ``(10) develop and implement a program to identify and remove 
        barriers to telework and to maximize telework opportunities in 
        the agency;
          ``(11) track and retain information on all denials of 
        permission to telework for employees who are authorized to 
        telework, and report such information on an annual basis to--
                  ``(A) the Chief Human Capital Officer of such agency 
                (or, if the agency does not have a Chief Human Capital 
                Officer, the head of such agency), and
                  ``(B) the Director of the Office of Personnel 
                Management, for purposes of preparing the reports 
                required under section 6505(a), except that this 
                subparagraph shall not apply with respect to the 
                Government Accountability Office;
          ``(12) ensure that employees are notified of grievance 
        procedures available to them (if any) with respect to any 
        disputes that relate to telework; and
          ``(13) perform such other duties and responsibilities 
        relating to telework as the head of the agency may require.
  ``(e) Rule of Construction Regarding Status of Telework Managing 
Officer.--Nothing in this section shall be construed to prohibit an 
individual who holds another office or position in an agency from 
serving as the Telework Managing Officer for the agency under this 
chapter.

``Sec. 6505. Evaluating telework in agencies

  ``(a) Annual Report by OPM.--
          ``(1) In general.--The Director of the Office of Personnel 
        Management shall submit to the Comptroller General and the 
        appropriate committees of Congress a report evaluating the 
        extent to which each agency is in compliance with this chapter 
        with respect to the period covered by the report, and shall 
        include in the report an evaluation of each of the following:
                  ``(A) The degree of participation by employees of the 
                agency in teleworking during the period. In the case of 
                an agency which is an Executive department, the 
                evaluation will include the degree of participation by 
                employees of each component within the department, 
                including--
                          ``(i) the total number of employees in the 
                        agency;
                          ``(ii) the number and percentage of such 
                        employees who are eligible to telework; and
                          ``(iii) the number and percentage of such 
                        employees who do telework, broken down by the 
                        number and percentage who telework 3 or more 
                        days per week, one or two days per week, and 
                        less frequently than one day per week.
                  ``(B) The method the agency uses to gather data on 
                telework and the techniques used to verify and validate 
                such data.
                  ``(C) Whether the total number of employees who 
                telework is at least 10% higher or lower than the 
                number who teleworked during the previous reporting 
                period and the reasons identified for any such change.
                  ``(D) The agency's goal for increasing the number of 
                employees who telework in the next reporting period.
                  ``(E) The extent to which the agency met the goal 
                described in subparagraph (D) for its previous report, 
                and, if the agency failed to meet the goal, the actions 
                the agency plans to take to meet the goal for the next 
                reporting period.
                  ``(F) The best practices in agency telework programs.
                  ``(G) In the case of an agency which is named in 
                paragraph (1) or (2) of section 901(b) of title 31, the 
                extent to which the agency incorporated telework in its 
                continuity of operations plans and used telework in 
                response to emergencies.
          ``(2) Minimum requirement for compliance.--For purposes of 
        the reports required under this subsection, the Director shall 
        determine that an agency is in compliance with the requirements 
        of this chapter if the Director finds that the agency--
                  ``(A) reported the requested data accurately and in a 
                timely manner; and
                  ``(B) either met or exceeded the agency's established 
                telework goals, or provided explanations as to why the 
                goals were not met as well as the steps the agency is 
                taking to meet the goals.
          ``(3) Reporting period; timing.--The Director shall submit a 
        report under this subsection with respect to the first 1-year 
        period for which the regulations promulgated by the Director 
        under section 6503(b) are in effect and each of the 4 
        succeeding 1-year periods, and shall submit the report with 
        respect to a period not later than 6 months after the last day 
        of the period to which the report relates.
          ``(4) Exclusion of government accountability office.--The 
        Director shall not submit a report under this subsection with 
        respect to the Government Accountability Office.
  ``(b) Reports by Comptroller General.--
          ``(1) Evaluations of reports by director of opm.--Not later 
        than 6 months after the Director submits a report under 
        subsection (a), the Comptroller General shall review the report 
        and submit a report to the appropriate committees of Congress. 
        The report shall evaluate the compliance of the Office of 
        Personnel Management and agencies with this chapter and address 
        the overall progress of agencies in carrying out this chapter, 
        and shall include such other information and recommendations as 
        the Comptroller General considers appropriate.
          ``(2) Reports on government accountability office.--The 
        Comptroller General shall submit a report with respect to the 
        Government Accountability Office in the same manner and in 
        accordance with the same requirements applicable to a report 
        submitted by the Director with respect to any other agency 
        under subsection (a).
  ``(c) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
          ``(1) the Committee on Oversight and Government Reform of the 
        House of Representatives; and
          ``(2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate.''.
  (b) Technical and Conforming Amendments.--(1) The analysis for part 
III of title 5, United States Code, is amended by inserting after the 
item relating to chapter 63 the following:

``65. Telework..............................................    6501''.

  (2) Section 622 of the Departments of Commerce, Justice, and State, 
the Judiciary, and Related Agencies Appropriations Act, 2005, as 
contained in the Consolidated Appropriations Act, 2005 (5 U.S.C. 6120 
note) is amended by striking ``designate a `Telework Coordinator' to 
be'' and inserting ``designate a Telework Managing Officer or designate 
the Chief Human Capital Officer or other career employee to be''.

SEC. 3. POLICY GUIDANCE.

  Not later than the expiration of the 120-day period which begins on 
the date of the enactment of this Act, the Director of the Office of 
Management and Budget shall issue policy guidance requiring each 
Executive agency (as such term is defined in section 105 of title 5, 
United States Code), when purchasing computer systems, to purchase 
computer systems that enable and support telework, unless the head of 
the agency determines that there is a mission-specific reason not to do 
so.

SEC. 4. TRAVEL EXPENSE TEST PROGRAMS.

  Section 5710 of title 5, United States Code, is amended to read as 
follows:

``Sec. 5710. Authority for travel expense test programs

  ``(a)(1) Notwithstanding any other provision of this subchapter, if 
the Administrator of General Services determines it to be in the 
interest of Government, the Administrator may approve the request of an 
agency to operate a test program under which the agency may pay through 
the proper disbursing official any necessary travel expenses of the 
employee in lieu of any payment otherwise authorized or required under 
this subchapter. Under an approved test program, an agency may provide 
an employee with the option to waive any payment authorized or required 
under this subchapter. An agency shall include in any request to the 
Administrator for approval of such a test program an analysis of the 
expected costs and benefits and a set of criteria for evaluating the 
effectiveness of the test program.
  ``(2) Any test program operated under this section shall be designed 
to enhance cost savings or other efficiencies that accrue to the 
Government.
  ``(b) The Administrator shall transmit a description of any test 
program approved or extended by the Administrator under this section to 
the appropriate committees of the Congress not later than 30 days 
before the program or extension takes effect.
  ``(c)(1) An agency operating a test program approved under this 
section shall annually submit a report on the results of the program to 
date to the Administrator.
  ``(2) Not later than 3 months after the conclusion of a test program 
approved under this section, the agency operating the program shall 
submit a final report on the results of the program to the 
Administrator and the appropriate committees of Congress.
  ``(d) The Administrator may approve such number of test programs 
under this section as the Administrator considers appropriate, 
including test programs which are carried out on a government-wide 
basis, except that the number of test programs in operation at any time 
may not exceed 12.
  ``(e)(1) The Administrator may not approve any test program under 
this section for an initial period of more than 2 years.
  ``(2) Upon a showing of enhanced cost savings, the Administrator may 
extend an approved test program for an additional period not to exceed 
2 years.
  ``(f) In this section, the term `appropriate committees of Congress' 
means the Committee on Oversight and Government Reform of the House of 
Representatives and the Committee on Homeland Security and Governmental 
Affairs of the Senate.
  ``(g) The authority to conduct test programs under this section shall 
expire upon the expiration of the 6-year period which begins on the 
date of the enactment of the Telework Improvements Act of 2010.''.

SEC. 5. TELEWORK RESEARCH.

  (a) Research by OPM on Telework.--The Director of the Office of 
Personnel Management shall--
          (1) conduct studies on the utilization of telework by public 
        and private sector entities that identify best practices and 
        recommendations for the Federal government;
          (2) review the outcomes associated with an increase in 
        telework, including the effects of telework on energy 
        consumption, the environment, job creation and availability, 
        urban transportation patterns, and the ability to anticipate 
        the dispersal of work during periods of emergency; and
          (3) make any studies or reviews performed under this 
        subsection available to the public.
  (b) Use of Contract to Carry Out Research.--The Director of the 
Office of Personnel Management may carry out subsection (a) pursuant to 
a contract entered into by the Director using competitive procedures.

  Amend the title so as to read:

    A bill to require the head of each executive agency to 
establish and implement a policy under which employees shall be 
authorized to telework, and for other purposes.

                          Purpose and Summary

    H.R. 1722, the Telework Improvements Act of 2009, was 
introduced by Representatives John P. Sarbanes, Danny K. Davis, 
Stephen F. Lynch, Gerald E. Connolly, Frank R. Wolf, James P. 
Moran, and C.A. Dutch Ruppersberger on March 25, 2009. H.R. 
1722 improves the efficiency of the federal workforce by 
allowing more federal employees to telework. Under the bill, 
the head of each agency must establish a policy that authorizes 
employees to telework and must designate a Telework Managing 
Officer for the agency. The bill directs the Office of 
Personnel Management (OPM) to issue regulations and other 
guidance to agencies on issues related to telework and requires 
OPM and the Government Accountability Office (GAO) to evaluate 
and report on agency telework programs.

                  Background and Need for Legislation

    Telework provides a number of benefits including reduced 
energy consumption and traffic congestion, competitive hiring 
and retention, cost savings, and emergency preparedness. 
Despite these and other benefits, many agencies continue to 
underutilize telework.
    Public Law 106-346 mandated that each executive agency 
``establish a policy under which eligible employees of the 
agency may participate in telecommuting to the maximum extent 
possible without diminished employee performance.'' According 
to a status report released by OPM in 2009, however, only 5 
percent of federal employees participated in telework programs 
in 2008.\1\
---------------------------------------------------------------------------
    \1\U.S. Office of Personnel Management, Status of Telework in the 
Federal Government (Aug. 2009).
---------------------------------------------------------------------------
    The Committee has determined through its oversight efforts 
that there is not a consistent definition of telework across 
agencies. The way agencies measure and track telework also 
varies. Some agencies, such as the Department of Energy, said 
they track how many employees are teleworking through time and 
attendance systems.\2\ Other agencies, such as the Department 
of Housing and Urban Development, do not track actual telework 
and instead calculate telework based on existing telework 
agreements between supervisors and employees.\3\
---------------------------------------------------------------------------
    \2\Letter from Claudia Cross, Deputy Chief Human Capital Officer, 
Director, Office of Human Capital Management, Department of Energy 
(July 12, 2007).
    \3\Letter from Mark A. Studdert, General Deputy Assistant Secretary 
for Congressional and Intergovernmental Relations, Department of 
Housing and Urban Development (June 1, 2007).
---------------------------------------------------------------------------
    H.R. 1722 defines telework and requires each agency to 
establish a policy to authorize employees to telework. H.R. 
1722 also addresses one of the most frequently cited barriers 
to telework, resistance from management, by requiring agencies 
to provide telework training for managers, supervisors, and 
teleworking employees.
    An important consideration for agency telework programs is 
ensuring the security of government information. In March 2010, 
before the Subcommittee on Government Management, Organization, 
and Procurement, a witness from GAO testified that agencies 
have not fully implemented agencywide information security 
programs, putting federal information at increased risk.\4\ The 
National Institute of Standards and Technology (NIST) has 
identified ways in which agencies and teleworking employees can 
protect information and limit the introduction of 
vulnerabilities, including those resulting from inadequate 
maintenance of antivirus software and operation system patches, 
improperly configured firewalls, and unrestricted acceptance or 
use of spam, popup windows, file sharing, and peer-to-peer 
software (P2P). As reported by the Committee, H.R. 1722 
requires OMB, in coordination with NIST, to issue guidelines to 
ensure that the information and security protections for 
teleworking are adequate.
---------------------------------------------------------------------------
    \4\Government Accountability Office, Information Security: 
Concerted Response Needed to Resolve Persistent Weaknesses (GAO-10-
536T).
---------------------------------------------------------------------------
    In recent years, telework also has increasingly been viewed 
as an important tool for ensuring continuity of essential 
government services in emergencies. A number of agencies have 
used telework to respond to real emergencies. John Berry, the 
Director of OPM, estimated that during the snowstorm that 
crippled the Washington, DC area in the winter of 2010, 
telework reduced the estimated cost of lost productivity from 
$100 million a day to $71 million.\5\ H.R. 1722 requires 
agencies with continuity of operations plans (COOP) to 
incorporate telework into those plans.
---------------------------------------------------------------------------
    \5\Senate Committee on Appropriations, Testimony of OPM Director 
John Berry, Hearing on FY 2011 OPM Budget, 111th Cong. (Mar. 24, 2010).
---------------------------------------------------------------------------

                          Legislative History

    H.R. 1722, the Telework Improvements Act of 2009, was 
introduced by Representatives John P. Sarbanes, Danny K. Davis, 
Stephen F. Lynch, Gerald E. Connolly, Frank R. Wolf, James P. 
Moran, and C.A. Dutch Ruppersberger on March 25, 2009, and 
referred to the Committee on Oversight and Government Reform.
    The Subcommittee on Federal Workforce, Postal Service, and 
the District of Columbia held a business meeting to consider 
H.R. 1722 on March 24, 2010. The Subcommittee approved by voice 
vote a manager's amendment in the nature of a substitute and 
forwarded the bill, as amended, to the full Committee.
    The full Committee considered H.R. 1722 on April 14, 2010, 
and ordered the bill to be reported, as amended, by a voice 
vote.
    H.R. 1722 is similar to H.R. 4106, the Telework 
Improvements Act of 2009. H.R. 4106 was considered by the 
Subcommittee on Federal Workforce, Postal Service, and the 
District of Columbia on February 28, 2008, and forwarded, as 
amended, to the full Committee by a voice vote. The full 
Committee considered H.R. 4106 on March 13, 2008, and ordered 
the bill to be reported, as amended, by a voice vote. H.R. 4106 
passed the House on June 3, 2008, by a voice vote.

                           Section-by-Section


Section 1: Short title

    This section provides that the short title of the bill is 
the Telework Improvements Act of 2010.

Section 2: Telework

    Section 2(a) amends Part III of Title 5 of the United 
States Code by inserting a new Chapter 65 on Telework. The new 
chapter adds sections 6501 through 6505.
    The new section 6501 includes the following definitions:
    The term ``agency'' means an executive agency.
    The term ``telework'' or ``teleworking'' refers to a work 
flexibility arrangement under which an employee performs the 
duties and responsibilities of the employee's position, and 
other authorized activities, from an approved worksite other 
than the location from which the employee would otherwise work. 
Under this section, telework includes any activities, including 
training and union activities, that an employee would normally 
be authorized to do during work hours at his or her regular 
place of employment.
    The term ``continuity of operations'' refers to measures 
designed to ensure that functions essential to the mission of 
the agency can continue to be performed during a wide range of 
emergencies, including localized acts of nature, accidents, 
public health emergencies, and technological or attack-related 
emergencies.
    The term ``Telework Managing Officer'' means the Telework 
Managing Officer that the head of each agency is required to 
designate under the new section 6504.
    The new section 6502(a) covers the governmentwide telework 
requirement. Not later than one year after enactment of the 
legislation, the head of each agency is required to establish a 
policy under which employees are authorized to telework. The 
telework policy must conform to regulations promulgated by the 
Director of OPM.
    In general, such policies must allow employees to telework 
to the maximum extent possible without diminishing agency 
operations and performance. The agency head is also required to 
ensure that information on the eligibility of employees to 
telework is included in descriptions of available positions and 
other recruiting materials. This requirement is intended to 
enhance recruitment efforts by giving applicants information 
about the potential availability of telework for an employee in 
that position.
    Section 6502(b) provides for certain exceptions to the 
telework requirement. An agency head is not required to 
authorize teleworking for an employee whose duties and 
responsibilities require daily direct handling of classified 
information or require that they be performed on-site. In 
addition, the temporary denial of permission to telework is 
permitted if, in the judgment of the agency head, the employee 
is needed to respond to an emergency.
    Section 6502(c) sets out a rule of construction that 
provides that agencies may not require any employee to 
telework. Additionally, this subsection clarifies that nothing 
in chapter 65 prevents an agency from permitting an employee to 
telework as part of a continuity of operations plan.
    The new section 6503 covers implementation of telework 
requirements, setting forth certain requirements for agency 
heads, OPM, and OMB.
    Section 6503(a) requires agency heads to ensure that 
appropriate training is provided to supervisors and managers, 
and to all employees who are authorized to telework. The 
training must address the information security requirements 
issued by OMB. Importantly, the section prohibits agencies from 
making a distinction between teleworkers and nonteleworkers for 
the purposes of job performance, discipline, and other acts 
involving the discretion of managers. In addition, most large 
agencies are required to utilize telework in their continuity 
of operations plans.
    Section 6503(b) requires the OPM Director, in consultation 
with the Administrator of General Services, to promulgate 
regulations to assist and advise agencies in carrying out the 
telework requirements. The OPM Director is also required to 
maintain a central, publicly available telework website that 
includes any regulations on telework, an e-mail address for 
comments on telework, and a copy of OPM's annual reports on 
telework compliance. This subsection clarifies that GAO is not 
required to comply with OPM's regulations. GAO is required to 
report to Congress on its telework program under section 6505.
    Under subsection 6503(c) the OMB Director, in coordination 
with NIST, must issue guidelines within 180 days after 
enactment that ensure the adequacy of information and security 
protections for information and information systems used for 
telework.
    The new section 6504(a) requires each agency to designate a 
Telework Managing Officer (TMO).
    Section 6504(b) requires that the TMO be a senior official 
who has direct access to the agency head.
    Under section 6504(c), the TMO may not be a political 
appointee.
    The Committee intends the TMO to be the agency's point 
person on telework, to be a resource for employees and 
managers, and to be accountable for ensuring that the 
requirements in the Act are met.
    The TMO's specific duties are provided in section 6504(d) 
and include providing advice to the agency head and the Chief 
Human Capital Officer on telework, implementing a plan to 
incorporate telework into the agency's normal operations and 
its continuity of operations plans, distributing information 
and guidance to employees, and ensuring that all telework 
reporting requirements are met.
    The appointment of a responsible senior official will be 
essential in agency efforts to implement a successful telework 
program. However, the Committee recognizes that the size of a 
given agency and its existing telework program will play a 
large part in dictating the demands on a TMO. Section 6504(e), 
as added by the Chaffetz amendment, recognizes that agencies 
need flexibility in designating one or more individuals to 
implement the telework requirements. It also allows the 
individual serving as an agency's TMO to also hold another 
office or position in the agency where this would be 
appropriate and feasible.
    The new section 6505 covers new reporting requirements for 
evaluating telework in agencies. The OPM Director is required 
by section 6505(a) to submit an annual report to the 
Comptroller General and the Congress that evaluates each 
agency's compliance with the telework requirements in the Act. 
The report will assess the degree of telework participation by 
agency employees. The report also will evaluate the methods 
used by agencies to gather telework data, agency trends in 
teleworking, and whether agencies are setting and meeting 
telework goals. For agencies that are required to have a COOP 
plan, the report will also evaluate the extent to which the 
agency incorporated telework in its plan and used telework in 
response to emergencies. OPM is directed to determine that 
agencies are in compliance if the agency reports the requested 
data accurately and in a timely manner and meets or exceeds the 
agency's established telework goals.
    Section 6505(b) requires the Comptroller General to review 
the OPM report and submit a report to Congress. The Comptroller 
General's report will evaluate the compliance of OPM and 
agencies with the provisions in the Act, address the overall 
progress of agencies in carrying out those provisions, and 
include any other information and recommendations that the 
Comptroller General considers appropriate. Under the bill, the 
Comptroller General is not required to submit information on 
its telework program to OPM or comply with regulations OPM 
issues under this Act. GAO is required to report to Congress 
each year on its telework program. GAO must report the same 
data that OPM is required to report for other agencies under 
section 6505(a).
    Section 6505(c) identifies the committees of Congress to 
receive the reports described in section 6505 as being the 
House Committee on Oversight and Government Reform and the 
Senate Committee on Homeland Security and Governmental Affairs.
    Section 2(b) makes technical and conforming amendments to 
title 5, United States Code.

Section 3: Policy guidance

    Within 120 days after enactment, the Director of OMB is 
required to issue policy guidance requiring executive agencies, 
when purchasing computer systems, to purchase computer systems 
that enable and support telework, unless the agency head 
determines that there is a mission-specific reason not to do 
so.
    The Committee intends such guidance to address the benefits 
of computer systems, including laptops and other portable 
systems, which may assist agencies in complying with the 
general telework requirements of this Act and the specific OMB 
guidelines on adequate information and security protections.

Section 4: Travel expense test programs

    This section amends 5 U.S.C. Sec. 5710 by reinstating 
authority for the General Services Administration (GSA) to 
initiate travel expense test programs.
    Under this authority, if the GSA Administrator determines 
it is in the government's interest, the Administrator may 
approve an agency's request to operate a travel expenses test 
program. Under such a program the agency may designate and pay 
any necessary travel expenses for an employee as an alternative 
to any payment that is set or required under the existing GSA 
travel regulations. Under an approved test program, an agency 
may also provide an employee with the option to waive any 
payment authorized or required by the existing regulations. Any 
test program is required to enhance cost savings or other 
efficiencies that accrue to the government.
    The Committee understands that at least one agency, the 
Patent and Trademark Office (PTO), intends to explore 
additional telework test programs that would enable employees 
to serve the mission of the PTO while living and working 
outside of the immediate geographical area in which PTO 
headquarters is located. The Committee believes PTO and its 
employees may benefit from the travel expense test program 
authority provided to GSA under this section.
    The authority to conduct test programs expires six years 
after enactment.

Section 5: Telework research

    This section requires the Director of OPM to conduct 
studies on the use of telework by public and private sector 
entities that identify best practices and recommendations for 
the federal government. Such research is required to review the 
outcomes associated with an increase in telework, including the 
effects of telework on energy consumption, the environment, job 
creation and availability, urban transportation patterns, and 
the ability to anticipate the dispersal of work during periods 
of emergency. These studies and reviews must be made available 
to the public.

                       Explanation of Amendments

    Chairman Towns offered an amendment in the nature of a 
substitute that was passed by voice vote. The Towns amendment 
clarifies the reporting responsibilities of OPM and GAO. Under 
the amendment, OPM must report on agency telework programs 
annually for the first five years following enactment and 
include in its report an evaluation of the extent to which each 
agency is in compliance with the Act. GAO is required to report 
to Congress within 6 months after OPM's report on the 
compliance of OPM and agencies and the overall progress of 
agencies. The amendment requires OMB to develop guidelines on 
information security protection and guidance requiring 
agencies, when purchasing computer systems, to purchase 
computer systems that enable telework unless the head of the 
agency determines that there is a mission specific reason not 
to do so. The amendment also gives GSA the authority to test 
innovative ways to save the government money through telework 
travel expense programs.
    Representative Connolly offered an amendment requiring the 
Director of OPM to conduct studies on the utilization of 
telework by public and private sector entities that identify 
best practices and recommendations for the federal government. 
The amendment also requires the Director of OPM to review the 
outcomes associated with an increase in telework, including the 
effects of telework on energy consumption, the environment, job 
creation and availability, urban transportation patterns, and 
the ability to anticipate the dispersal of work during periods 
of emergency and to make any studies or reviews performed under 
this subsection available to the public. The Connolly amendment 
also provides that the Director of OPM may use a competitively 
bid contract to carry out the required studies. The Connolly 
amendment was adopted by a voice vote.
    Representative Chaffetz offered an amendment clarifying 
that the Telework Managing Officer may hold another office or 
position in an agency. The Chaffetz amendment was adopted by a 
voice vote.

                        Committee Consideration

    On Wednesday, April 14, 2010, the Committee met in open 
session and ordered H.R. 1722 to be reported, as amended, to 
the House by a voice vote.

                             Rollcall Votes

    No rollcall votes were held.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations. 
H.R. 1722 relates to executive branch telework programs and 
does not apply to the legislative branch.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report including 
the need to improve agency telework programs, provide a 
consistent definition of telework, and establish consistent and 
accurate measurements of telework in the federal government.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, including improving agency telework policies in 
order to allow more federal employees to telework, ensure 
agencies incorporate telework into continuity of operations 
planning, and increase the accountability and oversight of 
federal telework.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 1722. Article I, Section 8, Clause 18 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the meaning of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the report include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                         Earmark Identification

    H.R. 1722 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(e), 9(f), or 9(g) of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 1722. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 1722 from the Director of 
the Congressional Budget Office:

                                                    April 29, 2010.
Hon. Edolphus Towns,
 Chairman, Committee on Oversight and Government Reform, House of 
        Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1722, the Telework 
Improvements Act of 2010.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1722--Telework Improvements Act of 2010

    Summary: H.R. 1722 would require executive branch agencies 
of the federal government to establish policies to determine 
which employees are eligible to participate in certain telework 
programs. (Telework programs enable employees to work part time 
from places other than their regular place of employment.) 
Under the legislation, agencies would designate an officer to 
oversee teleworking practices and would authorize trial 
programs to test alternative ways to compensate certain federal 
employees who telework.
    CBO estimates that implementing H.R. 1722 would increase 
the administrative costs of federal agencies by $2 million in 
2010 and by $30 million over the 2010-2015 period, assuming the 
availability of appropriated funds. H.R. 1722 could affect 
direct spending by agencies not funded through annual 
appropriations, such as the Tennessee Valley Authority and the 
Bonneville Power Administration; therefore, pay-as-you-go 
procedures would apply. CBO estimates, however, that any net 
increase in spending for telework programs by those agencies 
would not be significant. Enacting H.R. 1722 would not affect 
revenues.
    H.R. 1722 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1722 is shown in the following table. 
The costs of this legislation fall within budget function 800 
(general government) and all budget functions that contain 
salaries and expenses.

----------------------------------------------------------------------------------------------------------------
                                                             By fiscal year, in millions of dollars--
                                                ----------------------------------------------------------------
                                                   2010     2011     2012     2013     2014     2015   2010-2015
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level..................        2        8        5        5        5        5        30
Estimated Outlays..............................        2        8        5        5        5        5        30
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1722 will be enacted in fiscal year 2010 and that spending will 
follow historical patterns for similar activities.
    Under current law, executive branch agencies are required to establish policies for employees to participate in telework 
programs to the maximum extent possible without diminishing 
performance. The General Services Administration (GSA) and the 
Office of Personnel Management (OPM) provide guidance and 
resources to federal agencies to support telework policies. 
H.R. 1722 would require agencies to establish and implement 
policies to enable eligible employees to participate in 
telework programs and to report to the Congress on their 
efforts each year.
    Based on information from OPM and GSA, CBO estimates that 
implementing H.R. 1722 would increase administrative costs to 
federal agencies by about $30 million over the 2010-2015 
period, assuming the availability of appropriated funds. That 
amount includes the cost of notifying employees of their 
eligibility to participate in telework programs, as well as 
preparing regulations, providing guidance to managers and 
employees, and preparing a federal study on telework.
    The legislation also would authorize a six-year trial 
program for certain employees whose telework locations are 
beyond the local commuting area of the employing agency. Under 
current law, if those employees are required to report to their 
official duty station the agency must pay for the travel. H.R. 
1722 would authorize agencies to make such travel payments 
optional. Because CBO estimates that few agencies employ such 
long distance workers, we estimate that implementing the trial 
program would have no significant impact on the federal budget.
    Pay-as-you-go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. H.R. 1722 could affect direct spending by agencies 
not funded through annual appropriations, such as the Tennessee 
Valley Authority and the Bonneville Power Administration; 
therefore, pay-as-you-go procedures would apply. CBO estimates, 
however, that any net increase in spending for telework 
programs by those agencies would not be significant. Enacting 
H.R. 1722 would not affect revenues. The net budgetary changes 
that are subject to pay-as-you-go procedures are shown in the 
following table.

 CBO Estimate of Pay-As-You-Go Effects for H.R. 1722, the Telework Improvements Act of 2010, as ordered reported by the House Committee on Oversight and
                                                           Government Reform on April 14, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               By fiscal year, in millions of dollars
                                           -------------------------------------------------------------------------------------------------------------
                                             2010    2011    2012    2013    2014    2015    2016    2017    2018    2019    2020   2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact............       0       0       0       0       0       0       0       0       0       0       0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: H.R. 1722 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Previous CBO estimate: On June 1, 2009, CBO transmitted a 
cost estimate for S. 707, the Telework Enhancement Act of 2009, 
as ordered reported by the Senate Committee on Homeland 
Security and Governmental Affairs. The bills are similar but 
would be effective for different time periods.
    Estimate prepared by: Federal Costs: Matthew Pickford; 
Impact on State, Local, and Tribal Governments: Elizabeth Cove 
Delisle; Impact on the Private Sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

                      TITLE 5, UNITED STATES CODE




           *       *       *       *       *       *       *
                          PART III--EMPLOYEES

Chap.                                                               Sec.

                      Subpart A--General Provisions

      Definitions...................................................2101
     * * * * * * *

                     Subpart E--Attendance and Leave

     * * * * * * *
6501Telework..........................................................

           *       *       *       *       *       *       *


SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE

           *       *       *       *       *       *       *


SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES

           *       *       *       *       *       *       *


[Sec. 5710. Authority for 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 agency may pay through the proper 
disbursing official for a period not to exceed 24 months any 
necessary travel expenses in lieu of any payment otherwise 
authorized or required under this subchapter. An agency shall 
include in any request to the Administrator for approval of 
such a test program an analysis of the expected costs and 
benefits and a set of criteria for evaluating the effectiveness 
of the program.
  [(2) Any test program conducted under this section shall be 
designed to enhance cost savings or other efficiencies that 
accrue to the Government.
  [(3) 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 to the 
appropriate committees of the Congress at least 30 days before 
the effective date of the program.
  [(c) An agency authorized to conduct a test program under 
subsection (a) shall provide to the Administrator and the 
appropriate committees of the Congress a report on the results 
of the program no later than 3 months after completion 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 Travel and Transportation Reform Act of 1998.]

Sec. 5710. Authority for travel expense test programs

  (a)(1) Notwithstanding any other provision of this 
subchapter, if the Administrator of General Services determines 
it to be in the interest of Government, the Administrator may 
approve the request of an agency to operate a test program 
under which the agency may pay through the proper disbursing 
official any necessary travel expenses of the employee in lieu 
of any payment otherwise authorized or required under this 
subchapter. Under an approved test program, an agency may 
provide an employee with the option to waive any payment 
authorized or required under this subchapter. An agency shall 
include in any request to the Administrator for approval of 
such a test program an analysis of the expected costs and 
benefits and a set of criteria for evaluating the effectiveness 
of the test program.
  (2) Any test program operated under this section shall be 
designed to enhance cost savings or other efficiencies that 
accrue to the Government.
  (b) The Administrator shall transmit a description of any 
test program approved or extended by the Administrator under 
this section to the appropriate committees of the Congress not 
later than 30 days before the program or extension takes 
effect.
  (c)(1) An agency operating a test program approved under this 
section shall annually submit a report on the results of the 
program to date to the Administrator.
  (2) Not later than 3 months after the conclusion of a test 
program approved under this section, the agency operating the 
program shall submit a final report on the results of the 
program to the Administrator and the appropriate committees of 
Congress.
  (d) The Administrator may approve such number of test 
programs under this section as the Administrator considers 
appropriate, including test programs which are carried out on a 
government-wide basis, except that the number of test programs 
in operation at any time may not exceed 12.
  (e)(1) The Administrator may not approve any test program 
under this section for an initial period of more than 2 years.
  (2) Upon a showing of enhanced cost savings, the 
Administrator may extend an approved test program for an 
additional period not to exceed 2 years.
  (f) In this section, the term ``appropriate committees of 
Congress'' means the Committee on Oversight and Government 
Reform of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate.
  (g) The authority to conduct test programs under this section 
shall expire upon the expiration of the 6-year period which 
begins on the date of the enactment of the Telework 
Improvements Act of 2010.

           *       *       *       *       *       *       *


SUBPART E--ATTENDANCE AND LEAVE

           *       *       *       *       *       *       *


                          CHAPTER 65--TELEWORK

Sec.
6501. Definitions.
6502. Governmentwide telework requirement.
6503. Implementation.
6504. Telework Managing Officer.
6505. Evaluating telework in agencies.

Sec. 6501. Definitions

  For purposes of this chapter--
          (1) the term ``agency'' means an Executive agency (as 
        defined by section 105), except as otherwise provided 
        in this chapter;
          (2) the term ``telework'' or ``teleworking'' refers 
        to a work flexibility arrangement under which an 
        employee performs the duties and responsibilities of 
        such employee's position, and other authorized 
        activities, from an approved worksite other than the 
        location from which the employee would otherwise work;
          (3) the term ``continuity of operations'', as used 
        with respect to an agency, refers to measures designed 
        to ensure that functions essential to the mission of 
        the agency can continue to be performed during a wide 
        range of emergencies, including localized acts of 
        nature, accidents, public health emergencies, and 
        technological or attack-related emergencies; and
          (4) the term ``Telework Managing Officer'' means, 
        with respect to an agency, the Telework Managing 
        Officer of the agency designated under section 6504.

Sec. 6502. Governmentwide telework requirement

  (a) Telework Requirement.--
          (1) In general.--Not later than one year after the 
        date of the enactment of this chapter, the head of each 
        agency shall establish a policy under which employees 
        shall be authorized to telework, subject to paragraph 
        (2) and subsection (b).
          (2) Agency policies.--The head of each agency shall 
        ensure--
                  (A) that the telework policy established 
                under this section--
                          (i) conforms to the regulations 
                        promulgated by the Director of the 
                        Office of Personnel Management under 
                        section 6503, and
                          (ii) authorizes employees to telework 
                        to the maximum extent possible without 
                        diminishing agency operations and 
                        performance; and
                  (B) that information on the eligibility of 
                employees to telework is included in 
                descriptions of available positions and other 
                recruiting materials.
  (b) Provisions Relating to Certain Circumstances.--Nothing in 
subsection (a) shall be considered--
          (1) to require the head of an agency to authorize 
        teleworking in the case of an employee whose duties and 
        responsibilities--
                  (A) require daily direct handling of 
                classified information; or
                  (B) are such that their performance requires 
                on-site activity which cannot be carried out 
                from a site removed from the employee's regular 
                place of employment; or
          (2) to prevent the temporary denial of permission for 
        an employee to telework if, in the judgment of the 
        agency head, the employee is needed to respond to an 
        emergency.
  (c) Rule of Construction.--Nothing in this chapter shall--
          (1) be considered to require any employee to 
        telework; or
          (2) prevent an agency from permitting an employee to 
        telework as part of a continuity of operations plan.

Sec. 6503. Implementation

  (a) Responsibilities of Agencies.--The head of each agency 
shall ensure that--
          (1) appropriate training is provided to supervisors 
        and managers, and to all employees who are authorized 
        to telework, as directed by the Telework Managing 
        Officer of such agency;
          (2) the training covers the information security 
        guidelines issued by the Director of the Office of 
        Management and Budget under this section;
          (3) no distinction is made between teleworkers and 
        nonteleworkers for purposes of--
                  (A) periodic appraisals of job performance of 
                employees,
                  (B) training, rewarding, reassigning, 
                promoting, reducing in grade, retaining, or 
                removing employees,
                  (C) work requirements, or
                  (D) other acts involving managerial 
                discretion;
          (4) in determining what constitutes diminished 
        performance in the case of an employee who teleworks, 
        the agency shall consult the performance management 
        guidelines of the Office of Personnel Management; and
          (5) in the case of an agency which is named in 
        paragraph (1) or (2) of section 901(b) of title 31, the 
        agency incorporates telework in its continuity of 
        operations plans and uses telework in response to 
        emergencies.
  (b) Promulgation of Regulations by OPM.--The Director of the 
Office of Personnel Management shall--
          (1) not later than 180 days after the date of the 
        enactment of this chapter, in consultation with the 
        Administrator of General Services, promulgate 
        regulations necessary to carry out this chapter, except 
        that such regulations shall not apply with respect to 
        the Government Accountability Office;
          (2) provide advice, assistance, and any necessary 
        training to agencies with respect to the requirements 
        of this chapter, including with respect to--
                  (A) questions of eligibility to telework, 
                such as considerations relating to employee 
                performance, and
                  (B) making telework part of the agency's 
                goals, including those of individual 
                supervisors and managers; and
          (3) in consultation with the Administrator of General 
        Services, maintain a central, publicly available 
        telework website that includes--
                  (A) any regulations relating to telework and 
                any other information the Director considers 
                appropriate,
                  (B) an e-mail address which may be used to 
                submit comments to the Director on agency 
                telework programs or agreements, and
                  (C) a copy of all reports issued under 
                section 6505(a).
  (c) Security Guidelines.--The Director of the Office of 
Management and Budget, in coordination with the National 
Institute of Standards and Technology, shall issue guidelines 
not later than 180 days after the date of the enactment of this 
chapter to ensure the adequacy of information and security 
protections for information and information systems used in, or 
otherwise affected by, teleworking. Such guidelines shall, at a 
minimum, include requirements necessary--
          (1) to control access to agency information and 
        information systems;
          (2) to protect agency information (including 
        personally identifiable information) and information 
        systems;
          (3) to limit the introduction of vulnerabilities;
          (4) to protect information systems not under the 
        control of the agency that are used for teleworking; 
        and
          (5) to safeguard wireless and other 
        telecommunications capabilities that are used for 
        teleworking.

Sec. 6504. Telework Managing Officer

  (a) Designation and Compensation.--Each agency shall 
designate an officer, to be known as the ``Telework Managing 
Officer''. The Telework Managing Officer of an agency shall be 
designated--
          (1) by the Chief Human Capital Officer of such 
        agency; or
          (2) if the agency does not have a Chief Human Capital 
        Officer, by the head of such agency.
  (b) Status Within Agency.--The Telework Managing Officer of 
an agency shall be a senior official of the agency who has 
direct access to the head of the agency.
  (c) Limitations.--An individual may not hold the position of 
Telework Managing Officer as a noncareer appointee (as defined 
in section 3132(a)(7)), and such position may not be considered 
or determined to be of a confidential, policy-determining, 
policy-making, or policy advocating character.
  (d) Duties and Responsibilities.--Each Telework Managing 
Officer of an agency shall--
          (1) provide advice on teleworking to the head of such 
        agency and to the Chief Human Capital Officer of such 
        agency (if any);
          (2) serve as a resource on teleworking for 
        supervisors, managers, and employees of such agency;
          (3) serve as the primary point of contact on telework 
        matters for agency employees and (with respect to such 
        agency) for Congress and other agencies;
          (4) work with senior management of the agency to 
        develop and implement a plan to incorporate telework 
        into the agency's regular business strategies and its 
        continuity of operations strategies, taking into 
        consideration factors such as--
                  (A) cost-effectiveness,
                  (B) equipment,
                  (C) training, and
                  (D) data collection;
          (5) ensure that the agency's telework policy is 
        communicated effectively to employees;
          (6) ensure that electronic or written notification is 
        provided to each employee of specific telework programs 
        and the agency's telework policy, including 
        authorization criteria and application procedures;
          (7) develop and administer a tracking system for 
        compliance with Governmentwide telework reporting 
        requirements;
          (8) provide to the Director of the Office of 
        Personnel Management and the Comptroller General such 
        information as such individuals may require to prepare 
        the reports required under section 6505, including the 
        techniques used to verify and validate data on 
        telework, except that this paragraph shall not apply 
        with respect to the Government Accountability Office;
          (9) establish a system for receiving feedback from 
        agency employees on the telework policy of the agency;
          (10) develop and implement a program to identify and 
        remove barriers to telework and to maximize telework 
        opportunities in the agency;
          (11) track and retain information on all denials of 
        permission to telework for employees who are authorized 
        to telework, and report such information on an annual 
        basis to--
                  (A) the Chief Human Capital Officer of such 
                agency (or, if the agency does not have a Chief 
                Human Capital Officer, the head of such 
                agency), and
                  (B) the Director of the Office of Personnel 
                Management, for purposes of preparing the 
                reports required under section 6505(a), except 
                that this subparagraph shall not apply with 
                respect to the Government Accountability 
                Office;
          (12) ensure that employees are notified of grievance 
        procedures available to them (if any) with respect to 
        any disputes that relate to telework; and
          (13) perform such other duties and responsibilities 
        relating to telework as the head of the agency may 
        require.
  (e) Rule of Construction Regarding Status of Telework 
Managing Officer.--Nothing in this section shall be construed 
to prohibit an individual who holds another office or position 
in an agency from serving as the Telework Managing Officer for 
the agency under this chapter.

Sec. 6505. Evaluating telework in agencies

  (a) Annual Report by OPM.--
          (1) In general.--The Director of the Office of 
        Personnel Management shall submit to the Comptroller 
        General and the appropriate committees of Congress a 
        report evaluating the extent to which each agency is in 
        compliance with this chapter with respect to the period 
        covered by the report, and shall include in the report 
        an evaluation of each of the following:
                  (A) The degree of participation by employees 
                of the agency in teleworking during the period. 
                In the case of an agency which is an Executive 
                department, the evaluation will include the 
                degree of participation by employees of each 
                component within the department, including--
                          (i) the total number of employees in 
                        the agency;
                          (ii) the number and percentage of 
                        such employees who are eligible to 
                        telework; and
                          (iii) the number and percentage of 
                        such employees who do telework, broken 
                        down by the number and percentage who 
                        telework 3 or more days per week, one 
                        or two days per week, and less 
                        frequently than one day per week.
                  (B) The method the agency uses to gather data 
                on telework and the techniques used to verify 
                and validate such data.
                  (C) Whether the total number of employees who 
                telework is at least 10% higher or lower than 
                the number who teleworked during the previous 
                reporting period and the reasons identified for 
                any such change.
                  (D) The agency's goal for increasing the 
                number of employees who telework in the next 
                reporting period.
                  (E) The extent to which the agency met the 
                goal described in subparagraph (D) for its 
                previous report, and, if the agency failed to 
                meet the goal, the actions the agency plans to 
                take to meet the goal for the next reporting 
                period.
                  (F) The best practices in agency telework 
                programs.
                  (G) In the case of an agency which is named 
                in paragraph (1) or (2) of section 901(b) of 
                title 31, the extent to which the agency 
                incorporated telework in its continuity of 
                operations plans and used telework in response 
                to emergencies.
          (2) Minimum requirement for compliance.--For purposes 
        of the reports required under this subsection, the 
        Director shall determine that an agency is in 
        compliance with the requirements of this chapter if the 
        Director finds that the agency--
                  (A) reported the requested data accurately 
                and in a timely manner; and
                  (B) either met or exceeded the agency's 
                established telework goals, or provided 
                explanations as to why the goals were not met 
                as well as the steps the agency is taking to 
                meet the goals.
          (3) Reporting period; timing.--The Director shall 
        submit a report under this subsection with respect to 
        the first 1-year period for which the regulations 
        promulgated by the Director under section 6503(b) are 
        in effect and each of the 4 succeeding 1-year periods, 
        and shall submit the report with respect to a period 
        not later than 6 months after the last day of the 
        period to which the report relates.
          (4) Exclusion of government accountability office.--
        The Director shall not submit a report under this 
        subsection with respect to the Government 
        Accountability Office.
  (b) Reports by Comptroller General.--
          (1) Evaluations of reports by director of opm.--Not 
        later than 6 months after the Director submits a report 
        under subsection (a), the Comptroller General shall 
        review the report and submit a report to the 
        appropriate committees of Congress. The report shall 
        evaluate the compliance of the Office of Personnel 
        Management and agencies with this chapter and address 
        the overall progress of agencies in carrying out this 
        chapter, and shall include such other information and 
        recommendations as the Comptroller General considers 
        appropriate.
          (2) Reports on government accountability office.--The 
        Comptroller General shall submit a report with respect 
        to the Government Accountability Office in the same 
        manner and in accordance with the same requirements 
        applicable to a report submitted by the Director with 
        respect to any other agency under subsection (a).
  (c) Appropriate Committees of Congress Defined.--In this 
section, the term ``appropriate committees of Congress'' 
means--
          (1) the Committee on Oversight and Government Reform 
        of the House of Representatives; and
          (2) the Committee on Homeland Security and 
        Governmental Affairs of the Senate.

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  SECTION 622 OF THE DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 
        JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 2005



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TITLE VI--GENERAL PROVISIONS

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  Sec. 622. The Departments of Commerce, Justice, State, the 
Judiciary, the Securities and Exchange Commission and the Small 
Business Administration shall, not later than two months after 
the date of the enactment of this Act, certify that 
telecommuting opportunities are made available to 100 percent 
of the eligible workforce: Provided, That, of the total amounts 
appropriated to the Departments of Commerce, Justice, State, 
the Judiciary, the Securities and Exchange Commission and the 
Small Business Administration, $5,000,000 shall be available 
only upon such certification: Provided further, That each 
Department or agency shall provide quarterly reports to the 
Committees on Appropriations on the status of telecommuting 
programs, including the number of Federal employees eligible 
for, and participating in, such programs: Provided further, 
That each Department or agency shall [designate a ``Telework 
Coordinator'' to be] designate a Telework Managing Officer or 
designate the Chief Human Capital Officer or other career 
employee to be responsible for overseeing the implementation 
and operations of telecommuting programs, and serve as a point 
of contact on such programs for the Committees on 
Appropriations.

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