Text: H.R.1722 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Public Law No: 111-292 (12/09/2010)

 
[111th Congress Public Law 292]
[From the U.S. Government Printing Office]



[[Page 124 STAT. 3165]]

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. <<NOTE: Dec. 9, 2010 -  [H.R. 1722]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Telework 
Enhancement Act of 2010.>> 
SECTION 1. <<NOTE: 5 USC 101 note.>> 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. <<NOTE: 5 USC 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. <<NOTE: 5 USC 6502.>>  Executive agencies telework 
                  requirement

    ``(a) Telework Eligibility.--
            ``(1) In general.--Not <<NOTE: Deadline.>>  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 <<NOTE: Determination.>>  the 
                eligibility for all employees of the agency to 
                participate in telework; and

[[Page 124 STAT. 3166]]

                    ``(C) notify <<NOTE: Notification.>>  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 <<NOTE: Contracts.>>  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. <<NOTE: 5 USC 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 124 STAT. 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. <<NOTE: 5 USC 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 <<NOTE: Deadline.>>  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 124 STAT. 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 <<NOTE: Deadline.>>  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 <<NOTE: Deadline.>>  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 <<NOTE: 5 USC 6505.>>  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 124 STAT. 3169]]

an agency from serving as the Telework Managing Officer for the agency 
under this chapter.
``Sec. 6506. <<NOTE: 5 USC 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 124 STAT. 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 124 STAT. 3171]]

                (Public Law 108-7; 117 Stat. 103) <<NOTE: 5 USC 6120 
                note.>>  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) <<NOTE: 5 USC 6120 
                note.>>  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) <<NOTE: 5 USC 6120 
                note.>>  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) <<NOTE: 5 USC 6120 note.>>  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. <<NOTE: 5 USC 5711.>>  Authority for telework travel 
                  expenses test programs

    ``(a) <<NOTE: Definition.>>  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 124 STAT. 3172]]

    ``(4) Nothing in this section is intended to limit the authority of 
any agency to conduct test programs.
    ``(c) <<NOTE: Deadline.>>  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) <<NOTE: Reports. Deadline.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Procedures.>>  The oversight committee shall develop 
the operating procedures for the program under this subsection to--

[[Page 124 STAT. 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 <<NOTE: Cost analysis.>>  an analysis 
                of the expected costs and benefits and a set of criteria 
                for evaluating the effectiveness of the program; and
                    ``(ii) before <<NOTE: Criteria.>>  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 <<NOTE: Expiration date.>>  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 <<NOTE: 5 USC 6501 note.>>  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 124 STAT. 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.

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