    [United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 111-292
    111th Congress

    An Act

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

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. <> SHORT TITLE.

    This Act may be cited as the ``Telework Enhancement Act of 2010''.
    SEC. 2. TELEWORK.

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

    ``CHAPTER 65--TELEWORK

    ``Sec.
    ``6501. Definitions.
    ``6502. Executive agencies telework requirement.
    ``6503. Training and monitoring.
    ``6504. Policy and support.
    ``6505. Telework Managing Officer.
    ``6506. Reports.

    ``Sec. 6501. <>  Definitions

    ``In this chapter:
    ``(1) Employee.--The term `employee' has the meaning given
    that term under section 2105.
    ``(2) Executive agency.--Except as provided in section 6506,
    the term `executive agency' has the meaning given that term
    under section 105.
    ``(3) Telework.--The term `telework'or `teleworking' refers
    to a work flexibility arrangement under which an employee
    performs the duties and responsibilities of such employee's
    position, and other authorized activities, from an approved
    worksite other than the location from which the employee would
    otherwise work.
    ``Sec. 6502. <>  Executive agencies telework
    requirement

    ``(a) Telework Eligibility.--
    ``(1) In general.--Not <>  later than 180
    days after the date of enactment of this chapter, the head of
    each executive agency shall--
    ``(A) establish a policy under which eligible
    employees of the agency may be authorized to telework;
    ``(B) determine <>  the
    eligibility for all employees of the agency to
    participate in telework; and

    [[Page 3166]]

    ``(C) notify <>  all employees
    of the agency of their eligibility to telework.
    ``(2) Limitation.--An employee may not telework under a
    policy established under this section if--
    ``(A) the employee has been officially disciplined
    for being absent without permission for more than 5 days
    in any calendar year; or
    ``(B) the employee has been officially disciplined
    for violations of subpart G of the Standards of Ethical
    Conduct for Employees of the Executive Branch for
    viewing, downloading, or exchanging pornography,
    including child pornography, on a Federal Government
    computer or while performing official Federal Government
    duties.

    ``(b) Participation.--The policy described under subsection (a)
    shall--
    ``(1) ensure that telework does not diminish employee
    performance or agency operations;
    ``(2) require <>  a written agreement
    that--
    ``(A) is entered into between an agency manager and
    an employee authorized to telework, that outlines the
    specific work arrangement that is agreed to; and
    ``(B) is mandatory in order for any employee to
    participate in telework;
    ``(3) provide that an employee may not be authorized to
    telework if the performance of that employee does not comply
    with the terms of the written agreement between the agency
    manager and that employee;
    ``(4) except in emergency situations as determined by the
    head of an agency, not apply to any employee of the agency whose
    official duties require on a daily basis (every work day)--
    ``(A) direct handling of secure materials determined
    to be inappropriate for telework by the agency head; or
    ``(B) on-site activity that cannot be handled
    remotely or at an alternate worksite; and
    ``(5) be incorporated as part of the continuity of
    operations plans of the agency in the event of an emergency.
    ``Sec. 6503. <>  Training and monitoring

    ``(a) In General.--The head of each executive agency shall ensure
    that--
    ``(1) an interactive telework training program is provided
    to--
    ``(A) employees eligible to participate in the
    telework program of the agency; and
    ``(B) all managers of teleworkers;
    ``(2) except as provided under subsection (b), an employee
    has successfully completed the interactive telework training
    program before that employee enters into a written agreement to
    telework described under section 6502(b)(2);
    ``(3) teleworkers and nonteleworkers are treated the same
    for purposes of--
    ``(A) periodic appraisals of job performance of
    employees;
    ``(B) training, rewarding, reassigning, promoting,
    reducing in grade, retaining, and removing employees;
    ``(C) work requirements; or
    ``(D) other acts involving managerial discretion;
    and

    [[Page 3167]]

    ``(4) when determining what constitutes diminished employee
    performance, the agency shall consult the performance management
    guidelines of the Office of Personnel Management.

    ``(b) Training Requirement Exemptions.--The head of an executive
    agency may provide for an exemption from the training requirements under
    subsection (a), if the head of that agency determines that the training
    would be unnecessary because the employee is already teleworking under a
    work arrangement in effect before the date of enactment of this chapter.
    ``Sec. 6504. <>  Policy and support

    ``(a) Agency Consultation With the Office of Personnel Management.--
    Each executive agency shall consult with the Office of Personnel
    Management in developing telework policies.
    ``(b) Guidance and Consultation.--The Office of Personnel Management
    shall--
    ``(1) provide policy and policy guidance for telework in the
    areas of pay and leave, agency closure, performance management,
    official worksite, recruitment and retention, and accommodations
    for employees with disabilities;
    ``(2) assist each agency in establishing appropriate
    qualitative and quantitative measures and teleworking goals; and
    ``(3) consult with--
    ``(A) the Federal Emergency Management Agency on
    policy and policy guidance for telework in the areas of
    continuation of operations and long-term emergencies;
    ``(B) the General Services Administration on policy
    and policy guidance for telework in the areas of
    telework centers, travel, technology, equipment, and
    dependent care; and
    ``(C) the National Archives and Records
    Administration on policy and policy guidance for
    telework in the areas of efficient and effective records
    management and the preservation of records, including
    Presidential and Vice-Presidential records.

    ``(c) Security Guidelines.--
    ``(1) In general.--The <>  Director of the
    Office of Management and Budget, in coordination with the
    Department of Homeland Security and the National Institute of
    Standards and Technology, shall issue guidelines not later than
    180 days after the date of the enactment of this chapter to
    ensure the adequacy of information and security protections for
    information and information systems used while teleworking.
    ``(2) Contents.--Guidelines issued under this subsection
    shall, at a minimum, include requirements necessary to--
    ``(A) control access to agency information and
    information systems;
    ``(B) protect agency information (including
    personally identifiable information) and information
    systems;
    ``(C) limit the introduction of vulnerabilities;
    ``(D) protect information systems not under the
    control of the agency that are used for teleworking;
    ``(E) safeguard wireless and other
    telecommunications capabilities that are used for
    teleworking; and

    [[Page 3168]]

    ``(F) prevent inappropriate use of official time or
    resources that violates subpart G of the Standards of
    Ethical Conduct for Employees of the Executive Branch by
    viewing, downloading, or exchanging pornography,
    including child pornography.

    ``(d) Continuity of Operations Plans.--
    ``(1) Incorporation into continuity of operations plans.--
    Each executive agency shall incorporate telework into the
    continuity of operations plan of that agency.
    ``(2) Continuity of operations plans supersede telework
    policy.--During any period that an executive agency is operating
    under a continuity of operations plan, that plan shall supersede
    any telework policy.

    ``(e) Telework Website.--The Office of Personnel Management shall--
    ``(1) maintain a central telework website; and
    ``(2) include on that website related--
    ``(A) telework links;
    ``(B) announcements;
    ``(C) guidance developed by the Office of Personnel
    Management; and
    ``(D) guidance <>  submitted by the
    Federal Emergency Management Agency, and the General
    Services Administration to the Office of Personnel
    Management not later than 10 business days after the
    date of submission.

    ``(f) Policy Guidance on Purchasing Computer Systems.--
    Not <>  later than 120 days after the date of the
    enactment of this chapter, the Director of the Office of Management and
    Budget shall issue policy guidance requiring each executive agency when
    purchasing computer systems, to purchase computer systems that enable
    and support telework, unless the head of the agency determines that
    there is a mission-specific reason not to do so.
    ``Sec. 6505. Telework <>  Managing Officer

    ``(a) Designation.--The head of each executive agency shall
    designate an employee of the agency as the Telework Managing Officer.
    The Telework Managing Officer shall be established within the Office of
    the Chief Human Capital Officer or a comparable office with similar
    functions.
    ``(b) Duties.--The Telework Managing Officer shall--
    ``(1) be devoted to policy development and implementation
    related to agency telework programs;
    ``(2) serve as--
    ``(A) an advisor for agency leadership, including
    the Chief Human Capital Officer;
    ``(B) a resource for managers and employees; and
    ``(C) a primary agency point of contact for the
    Office of Personnel Management on telework matters; and
    ``(3) perform other duties as the applicable delegating
    authority may assign.

    ``(c) Status Within Agency.--The Telework Managing Officer of an
    agency shall be a senior official of the agency who has direct access to
    the head of the agency.
    ``(d) Rule of Construction Regarding Status of Telework Managing
    Officer.--Nothing in this section shall be construed to prohibit an
    individual who holds another office or position in

    [[Page 3169]]

    an agency from serving as the Telework Managing Officer for the agency
    under this chapter.
    ``Sec. 6506. <>  Reports

    ``(a) Definition.--In this section, the term `executive agency'
    shall not include the Government Accountability Office.
    ``(b) Reports by the Office of Personnel Management.--
    ``(1) Submission of reports.--Not later than 18 months after
    the date of enactment of this chapter and on an annual basis
    thereafter, the Director of the Office of Personnel Management,
    in consultation with Chief Human Capital Officers Council,
    shall--
    ``(A) submit a report addressing the telework
    programs of each executive agency to--
    ``(i) the Committee on Homeland Security and
    Governmental Affairs of the Senate; and
    ``(ii) the Committee on Oversight and
    Government Reform of the House of Representatives;
    and
    ``(B) transmit a copy of the report to the
    Comptroller General and the Office of Management and
    Budget.
    ``(2) Contents.--Each report submitted under this subsection
    shall include--
    ``(A) the degree of participation by employees of
    each executive agency in teleworking during the period
    covered by the report (and for each executive agency
    whose head is referred to under section 5312, the degree
    of participation in each bureau, division, or other
    major administrative unit of that agency), including--
    ``(i) the total number of employees in the
    agency;
    ``(ii) the number and percent of employees in
    the agency who are eligible to telework; and
    ``(iii) the number and percent of eligible
    employees in the agency who are teleworking--
    ``(I) 3 or more days per pay period;
    ``(II) 1 or 2 days per pay period;
    ``(III) once per month; and
    ``(IV) on an occasional, episodic,
    or short-term basis;
    ``(B) the method for gathering telework data in each
    agency;
    ``(C) if the total number of employees teleworking
    is 10 percent higher or lower than the previous year in
    any agency, the reasons for the positive or negative
    variation;
    ``(D) the agency goal for increasing participation
    to the extent practicable or necessary for the next
    reporting period, as indicated by the percent of
    eligible employees teleworking in each frequency
    category described under subparagraph (A)(iii);
    ``(E) an explanation of whether or not the agency
    met the goals for the last reporting period and, if not,
    what actions are being taken to identify and eliminate
    barriers to maximizing telework opportunities for the
    next reporting period;
    ``(F) an assessment of the progress each agency has
    made in meeting agency participation rate goals during
    the reporting period, and other agency goals relating to
    telework, such as the impact of telework on--

    [[Page 3170]]

    ``(i) emergency readiness;
    ``(ii) energy use;
    ``(iii) recruitment and retention;
    ``(iv) performance;
    ``(v) productivity; and
    ``(vi) employee attitudes and opinions
    regarding telework; and
    ``(G) the best practices in agency telework
    programs.

    ``(c) Comptroller General Reports.--
    ``(1) Report on government accountability office telework
    program.--
    ``(A) In general.--Not later than 18 months after
    the date of enactment of this chapter and on an annual
    basis thereafter, the Comptroller General shall submit a
    report addressing the telework program of the Government
    Accountability Office to--
    ``(i) the Committee on Homeland Security and
    Governmental Affairs of the Senate; and
    ``(ii) the Committee on Oversight and
    Government Reform of the House of Representatives.
    ``(B) Contents.--Each report submitted by the
    Comptroller General shall include the same information
    as required under subsection (b) applicable to the
    Government Accountability Office.
    ``(2) Report to congress on office of personnel management
    report.--Not later than 6 months after the submission of the
    first report to Congress required under subsection (b), the
    Comptroller General shall review that report required under
    subsection (b) and submit a report to Congress on the progress
    each executive agency has made towards the goals established
    under section 6504(b)(2).

    ``(d) Chief Human Capital Officer Reports.--
    ``(1) In general.--Each year the Chief Human Capital Officer
    of each executive agency, in consultation with the Telework
    Managing Officer of that agency, shall submit a report to the
    Chair and Vice Chair of the Chief Human Capital Officers Council
    on agency management efforts to promote telework.
    ``(2) Review and inclusion of relevant information.--The
    Chair and Vice Chair of the Chief Human Capital Officers Council
    shall--
    ``(A) review the reports submitted under paragraph
    (1);
    ``(B) include relevant information from the
    submitted reports in the annual report to Congress
    required under subsection (b); and
    ``(C) use that relevant information for other
    purposes related to the strategic management of human
    capital.''.

    (b) Technical and Conforming Amendments.--
    (1) Table of chapters.--The table of chapters for part III
    of title 5, United States Code, is amended by inserting after
    the item relating to chapter 63 the following:

    65. Telework......................................................  6501

    (2) Telework coordinators.--
    (A) Appropriations act, 2003.--Section 623 of the
    Departments of Commerce, Justice, and State, the
    Judiciary, and Related Agencies Appropriations Act, 2003

    [[Page 3171]]

    (Public Law 108-7; 117 Stat. 103) <>  is amended by striking ``designate a `Telework
    Coordinator' to be'' and inserting ``designate a
    Telework Managing Officer to be''.
    (B) Appropriations act, 2004.--Section 627 of the
    Departments of Commerce, Justice, and State, the
    Judiciary, and Related Agencies Appropriations Act, 2004
    (Public Law 108-199; 118 Stat. 99) <>  is amended by striking ``designate a `Telework
    Coordinator' to be'' and inserting ``designate a
    Telework Managing Officer to be''.
    (C) Appropriations act, 2005.--Section 622 of the
    Departments of Commerce, Justice, and State, the
    Judiciary, and Related Agencies Appropriations Act, 2005
    (Public Law 108-447; 118 Stat. 2919) <>  is amended by striking ``designate a `Telework
    Coordinator' to be'' and inserting ``designate a
    Telework Managing Officer to be''.
    (D) Appropriations act, 2006.--Section 617 of the
    Science, State, Justice, Commerce, and Related Agencies
    Appropriations Act, 2006 (Public Law 109-108; 119 Stat.
    2340) <>  is amended by striking
    ``maintain a `Telework Coordinator' to be'' and
    inserting ``maintain a Telework Managing Officer to
    be''.
    SEC. 3. AUTHORITY FOR TELEWORK TRAVEL EXPENSES TEST PROGRAMS.

    (a) In General.--Chapter 57 of title 5, United States Code, is
    amended by inserting after section 5710 the following:
    ``Sec. 5711. <>  Authority for telework travel
    expenses test programs

    ``(a) <>  Except as provided under subsection
    (f)(1), in this section, the term `appropriate committees of Congress'
    means--
    ``(1) the Committee on Homeland Security and Governmental
    Affairs of the Senate; and
    ``(2) the Committee on Oversight and Government Reform of
    the House of Representatives.

    ``(b)(1) Notwithstanding any other provision of this subchapter,
    under a test program which the Administrator of General Services
    determines to be in the interest of the Government and approves, an
    employing agency may pay through the proper disbursing official any
    necessary travel expenses in lieu of any payment otherwise authorized or
    required under this subchapter for employees participating in a telework
    program. Under an approved test program, an agency may provide an
    employee with the option to waive any payment authorized or required
    under this subchapter. An agency shall include in any request to the
    Administrator for approval of such a test program an analysis of the
    expected costs and benefits and a set of criteria for evaluating the
    effectiveness of the program.
    ``(2) Any test program conducted under this section shall be
    designed to enhance cost savings or other efficiencies that accrue to
    the Government.
    ``(3) Under any test program, if an agency employee voluntarily
    relocates from the pre-existing duty station of that employee, the
    Administrator may authorize the employing agency to establish a
    reasonable maximum number of occasional visits to the pre-existing duty
    station before that employee is eligible for payment of any accrued
    travel expenses by that agency.

    [[Page 3172]]

    ``(4) Nothing in this section is intended to limit the authority of
    any agency to conduct test programs.
    ``(c) <>  The Administrator shall transmit a copy
    of any test program approved by the Administrator under this section,
    and the rationale for approval, to the appropriate committees of
    Congress at least 30 days before the effective date of the program.

    ``(d)(1) <>  An agency authorized to
    conduct a test program under subsection (b) shall provide to the
    Administrator, the Telework Managing Officer of that agency, and the
    appropriate committees of Congress a report on the results of the
    program not later than 3 months after completion of the program.

    ``(2) The results in a report described under paragraph (1) may
    include--
    ``(A) the number of visits an employee makes to the pre-
    existing duty station of that employee;
    ``(B) the travel expenses paid by the agency;
    ``(C) the travel expenses paid by the employee; or
    ``(D) any other information the agency determines useful to
    aid the Administrator, Telework Managing Officer, and Congress
    in understanding the test program and the impact of the program.

    ``(e) No more than 10 test programs under this section may be
    conducted simultaneously.
    ``(f)(1) <>  In this subsection, the term
    `appropriate committee of Congress' means--
    ``(A) the Committee on Homeland Security and Governmental
    Affairs of the Senate;
    ``(B) the Committee on Oversight and Government Reform of
    the House of Representatives;
    ``(C) the Committee on the Judiciary of the Senate; and
    ``(D) the Committee on the Judiciary of the House of
    Representatives.

    ``(2) The Patent and Trademark Office shall conduct a test program
    under this section, including the provision of reports in accordance
    with subsection (d)(1).
    ``(3) In conducting the program under this subsection, the Patent
    and Trademark Office may pay any travel expenses of an employee for
    travel to and from a Patent and Trademark Office worksite or provide an
    employee with the option to waive any payment authorized or required
    under this subchapter, if--
    ``(A) the employee is employed at a Patent and Trademark
    Office worksite and enters into an approved telework
    arrangement;
    ``(B) the employee requests to telework from a location
    beyond the local commuting area of the Patent and Trademark
    Office worksite; and
    ``(C) the Patent and Trademark Office approves the requested
    arrangement for reasons of employee convenience instead of an
    agency need for the employee to relocate in order to perform
    duties specific to the new location.

    ``(4)(A) The Patent and Trademark Office shall establish an
    oversight committee comprising an equal number of members representing
    management and labor, including representatives from each collective
    bargaining unit.
    ``(B) <>  The oversight committee shall develop
    the operating procedures for the program under this subsection to--

    [[Page 3173]]

    ``(i) provide for the effective and appropriate functioning
    of the program; and
    ``(ii) ensure that--
    ``(I) reasonable technological or other alternatives
    to employee travel are used before requiring employee
    travel, including teleconferencing, videoconferencing or
    internet-based technologies;
    ``(II) the program is applied consistently and
    equitably throughout the Patent and Trademark Office;
    and
    ``(III) an optimal operating standard is developed
    and implemented for maximizing the use of the telework
    arrangement described under paragraph (2) while
    minimizing agency travel expenses and employee travel
    requirements.

    ``(5)(A) The test program under this subsection shall be designed to
    enhance cost savings or other efficiencies that accrue to the
    Government.
    ``(B) The Director of the Patent and Trademark Office shall--
    ``(i) prepare <>  an analysis
    of the expected costs and benefits and a set of criteria
    for evaluating the effectiveness of the program; and
    ``(ii) before <>  the test program
    is implemented, submit the analysis and criteria to the
    Administrator of General Services and to the appropriate
    committees of Congress.

    ``(C) With respect to an employee of the Patent and Trademark Office
    who voluntarily relocates from the pre-existing duty station of that
    employee, the operating procedures of the program may include a
    reasonable maximum number of occasional visits to the pre-existing duty
    station before that employee is eligible for payment of any accrued
    travel expenses by the Office.
    ``(g) The <>  authority to conduct test
    programs under this section shall expire 7 years after the date of the
    enactment of the Telework Enhancement Act of 2010.''.

    (b) Technical and Conforming Amendment.--The table of sections for
    chapter 57 of title 5, United States Code, is amended by inserting after
    the item relating to section 5710 the following:

    ``5711. Authority for telework travel expenses test programs.''.

    SEC. 4. TELEWORK <>  RESEARCH.

    (a) Research by OPM on Telework.--The Director of the Office of
    Personnel Management shall--
    (1) research the utilization of telework by public and
    private sector entities that identify best practices and
    recommendations for the Federal Government;
    (2) review the outcomes associated with an increase in
    telework, including the effects of telework on energy
    consumption, job creation and availability, urban transportation
    patterns, and the ability to anticipate the dispersal of work
    during periods of emergency; and
    (3) make any studies or reviews performed under this
    subsection available to the public.

    (b) Use of Contract To Carry Out Research.--The Director of the
    Office of Personnel Management may carry out subsection (a) under a
    contract entered into by the Director using competitive procedures under
    section 303 of the Federal Property and Administrative Services Act of
    1949 (41 U.S.C. 253).

    [[Page 3174]]

    (c) Use of Other Federal Agencies.--The heads of Federal agencies
    with relevant jurisdiction over the subject matters in subsection (a)(2)
    shall work cooperatively with the Director of the Office of Personnel
    Management to carry out that subsection, if the Director determines that
    coordination is necessary to fulfill obligations under that subsection.

    Approved December 9, 2010.

    LEGISLATIVE HISTORY--H.R. 1722:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 111-474 (Comm. on Oversight and Government Reform).
    CONGRESSIONAL RECORD, Vol. 156 (2010):
    May 5, 6, considered and failed House.
    July 14, considered and passed House.
    Sept. 29, considered and passed Senate, amended.
    Nov. 18, House concurred in Senate amendment.