[United States Statutes at Large, Volume 124, 111th Congress, 2nd Session]
[From the U.S. Government Printing 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--

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``(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.