In the nature of a substitute.

1. Replaces the bill's text with a full substitute

   Replaces the full textEverything after the enacting clause

   In H.R. 1722 · Referred in Senate

   SECTION 1. SHORT TITLE.

   This Act may be cited as the "Telework [struck: Improvements][inserted: 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

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

   Struck: "Sec. 6501. Definitions "For purposes of this chapter--

   Struck: "(1) the term 'agency' means an Executive agency (as defined by section 105), except as otherwise provided in this chapter;

   Struck: "(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;

   Show 33 more struck paragraphsShow less

   Struck: "(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

   Struck: "(4) the term 'Telework Managing Officer' means, with respect to an agency, the Telework Managing Officer of the agency designated under section 6504.

   Struck: "Sec. 6502. Governmentwide telework requirement

   Struck: "(a) Telework Requirement.--

   Struck: "(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).

   Struck: "(2) Agency policies.--The head of each agency shall ensure--

   Struck: "(A) that the telework policy established under this section--

   Struck: "(i) conforms to the regulations promulgated by the Director of the Office of Personnel Management under section 6503, and

   Struck: "(ii) authorizes employees to telework to the maximum extent possible without diminishing agency operations and performance; and

   Struck: "(B) that information on whether a position is eligible for telework is included in descriptions of available positions and recruiting materials.

   Struck: "(b) Limitations.--

   Struck: "(1) Certain employees not authorized to telework.--An employee may not telework under a policy established under this chapter if any of the following apply to the employee:

   Struck: "(A) The employee has a seriously delinquent tax debt (as determined under paragraph (2)).

   Struck: "(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.

   Struck: "(C) The employee received a payment under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) but was ineligible to receive the payment under the criteria described in section 2605(b)(2) of such Act (42 U.S.C. 8624(b)(2)).

   Struck: "(D) The employee has been officially disciplined for being absent without permission for more than 5 days in any calendar year.

   Struck: "(2) Determination of seriously delinquent tax debt.--

   Struck: "(A) In general.--For purposes of paragraph (1)(A), a 'seriously delinquent tax debt' means an outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has been filed in public records pursuant to section 6323 of such Code, except that such term does not include--

   Struck: "(i) a debt that is being paid in a timely manner pursuant to an agreement under section 6159 or section 7122 of such Code;

   Struck: "(ii) a debt with respect to which a levy has been issued under section 6331 of such Code upon accrued salary or wages (or, in the case of an applicant for employment, a debt with respect to which the applicant agrees to be subject to a levy issued under such section upon accrued salary or wages); and

   Struck: "(iii) a debt with respect to which a collection due process hearing under section 6330 of such Code, or relief under subsection (a), (b), or (f) of section 6015 of such Code, is requested or pending.

   Struck: "(B) Regulations.--The Office of Personnel Management shall, for purposes of carrying out this paragraph, prescribe any regulations which the Office considers necessary, except that such regulations shall provide that an individual shall be given a reasonable amount of time to demonstrate that the individual's debt is described in clause (i), (ii), or (iii) of subparagraph (A).

   Struck: "(3) Certification of savings.--An agency may not permit employees to telework under a policy established under this chapter unless the head of the agency certifies to the Director of the Office of Personnel Management that the implementation of the policy will result in savings to the agency.

   Struck: "(4) Provisions relating to certain circumstances.-- Nothing in subsection (a) shall be considered--

   Struck: "(A) to require the head of an agency to authorize teleworking in the case of an employee whose duties and responsibilities--

   Struck: "(i) require daily direct handling of classified information; or

   Struck: "(ii) 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

   Struck: "(B) 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.

   Struck: "(c) Prohibiting Collective Bargaining Activities While Teleworking.--Notwithstanding any provision of chapter 71, any time during which an employee teleworks may not be treated as 'official time' for purposes of the authority to carry out any activity under section 7131 of this title.

   Struck: "(d) Requirement That Presidential and Vice-Presidential Records Created on Non-official Electronic Mail or Social Media Accounts While Teleworking Be Copied to Official Electronic Mail Accounts.--In the case of any employee who, while teleworking pursuant to a policy established under this chapter, creates or receives a Presidential record or Vice-Presidential record within the meaning of chapter 22 of title 44, United States Code, through a non-official electronic mail account, a social media account, or any other method (electronic or otherwise), the employee shall electronically copy the record into the employee's official electronic mail account.

   Struck: "(e) Rule of Construction.--Nothing in this chapter shall--

   Struck: "(1) be considered to require any employee to telework; or

   Struck: "(2) prevent an agency from permitting an employee to telework as part of a continuity of operations plan.

   "Sec.[struck: 6503. Implementation]

   Struck: "(a) Responsibilities of Agencies.--The head of each agency shall ensure that--

   Struck: "(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;

   Struck: "(2) the training covers the information security guidelines issued by the Director of the Office of Management and Budget under this section;

   Struck: "(3) no distinction is made between teleworkers and nonteleworkers for purposes of--

   Show 53 more struck paragraphsShow less

   Struck: "(A) periodic appraisals of job performance of employees,

   Struck: "(B) training, rewarding, reassigning, promoting, reducing in grade, retaining, or removing employees,

   Struck: "(C) work requirements, or

   Struck: "(D) other acts involving managerial discretion;

   Struck: "(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

   Struck: "(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.

   Struck: "(b) Responsibilities of OPM.--The Director of the Office of Personnel Management shall--

   Struck: "(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;

   Struck: "(2) provide advice, assistance, and any necessary training to agencies with respect to the requirements of this chapter, including with respect to--

   Struck: "(A) questions of eligibility to telework, such as the effect of employee performance on eligibility, and

   Struck: "(B) making telework part of the agency's goals, including those of individual supervisors and managers; and

   Struck: "(3) in consultation with the Administrator of General Services, maintain a central, publicly available telework website that includes--

   Struck: "(A) any regulations relating to telework and any other information the Director considers appropriate,

   Struck: "(B) an e-mail address which may be used to submit comments to the Director on agency telework programs or agreements, and

   Struck: "(C) a copy of all reports issued under section 6505(a).

   Struck: "(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 while teleworking. Such guidelines shall, at a minimum, include requirements necessary--

   Struck: "(1) to control access to agency information and information systems;

   Struck: "(2) to protect agency information (including personally identifiable information) and information systems;

   Struck: "(3) to limit the introduction of vulnerabilities;

   Struck: "(4) to protect information systems not under the control of the agency that are used for teleworking;

   Struck: "(5) to safeguard wireless and other telecommunications capabilities that are used for teleworking; and

   Struck: "(6) to 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.

   Struck: "Sec. 6504. Telework Managing Officer

   Struck: "(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--

   Struck: "(1) by the Chief Human Capital Officer of such agency; or

   Struck: "(2) if the agency does not have a Chief Human Capital Officer, by the head of such agency.

   Struck: "(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.

   Struck: "(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.

   Struck: "(d) Duties and Responsibilities.--Each Telework Managing Officer of an agency shall--

   Struck: "(1) provide advice on teleworking to the head of such agency and to the Chief Human Capital Officer of such agency (if any);

   Struck: "(2) serve as a resource on teleworking for supervisors, managers, and employees of such agency;

   Struck: "(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;

   Struck: "(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--

   Struck: "(A) cost-effectiveness,

   Struck: "(B) equipment,

   Struck: "(C) training, and

   Struck: "(D) data collection;

   Struck: "(5) ensure that the agency's telework policy is communicated effectively to employees;

   Struck: "(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;

   Struck: "(7) develop and administer a tracking system for compliance with Governmentwide telework reporting requirements;

   Struck: "(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;

   Struck: "(9) establish a system for receiving feedback from agency employees on the telework policy of the agency;

   Struck: "(10) develop and implement a program to identify and remove barriers to telework and to maximize telework opportunities in the agency;

   Struck: "(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--

   Struck: "(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

   Struck: "(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;

   Struck: "(12) ensure that employees are notified of grievance procedures available to them (if any) with respect to any disputes that relate to telework; and

   Struck: "(13) perform such other duties and responsibilities relating to telework as the head of the agency may require.

   Struck: "(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.

   Struck: "Sec. 6505. Evaluating telework in agencies

   Struck: "(a) Annual Report by OPM.--

   Struck: "(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:

   Struck: "(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--

   Inserted: "6501. Definitions.

   Inserted: "6502. Executive agencies telework requirement.

   Inserted: "6503. Training and monitoring.

   Inserted: "6504. Policy and support.

   Inserted: "6505. Telework Managing Officer.

   Inserted: "6506. Reports.

   Inserted: "Sec. 6501. Definitions "In this chapter:

   Inserted: "(1) Employee.--The term 'employee' has the meaning given that term under section 2105.

   Inserted: "(2) Executive agency.--Except as provided in section 6506, the term 'executive agency' has the meaning given that term under section 105.

   Inserted: "(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.

   Inserted: "Sec. 6502. Executive agencies telework requirement

   Inserted: "(a) Telework Eligibility.--

   Show 80 more inserted paragraphsShow less

   Inserted: "(1) In general.--Not later than 180 days after the date of enactment of this chapter, the head of each executive agency shall--

   Inserted: "(A) establish a policy under which eligible employees of the agency may be authorized to telework;

   Inserted: "(B) determine the eligibility for all employees of the agency to participate in telework; and

   Inserted: "(C) notify all employees of the agency of their eligibility to telework.

   Inserted: "(2) Limitation.--An employee may not telework under a policy established under this section if--

   Inserted: "(A) the employee has been officially disciplined for being absent without permission for more than 5 days in any calendar year; or

   Inserted: "(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.

   Inserted: "(b) Participation.--The policy described under subsection (a) shall--

   Inserted: "(1) ensure that telework does not diminish employee performance or agency operations;

   Inserted: "(2) require a written agreement that--

   Inserted: "(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

   Inserted: "(B) is mandatory in order for any employee to participate in telework;

   Inserted: "(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;

   Inserted: "(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)--

   Inserted: "(A) direct handling of secure materials determined to be inappropriate for telework by the agency head; or

   Inserted: "(B) on-site activity that cannot be handled remotely or at an alternate worksite; and

   Inserted: "(5) be incorporated as part of the continuity of operations plans of the agency in the event of an emergency.

   Inserted: "Sec. 6503. Training and monitoring

   Inserted: "(a) In General.--The head of each executive agency shall ensure that--

   Inserted: "(1) an interactive telework training program is provided to--

   Inserted: "(A) employees eligible to participate in the telework program of the agency; and

   Inserted: "(B) all managers of teleworkers;

   Inserted: "(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);

   Inserted: "(3) teleworkers and nonteleworkers are treated the same for purposes of--

   Inserted: "(A) periodic appraisals of job performance of employees;

   Inserted: "(B) training, rewarding, reassigning, promoting, reducing in grade, retaining, and removing employees;

   Inserted: "(C) work requirements; or

   Inserted: "(D) other acts involving managerial discretion; and

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

   Inserted: "(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.

   Inserted: "Sec. 6504. Policy and support

   Inserted: "(a) Agency Consultation With the Office of Personnel Management.--Each executive agency shall consult with the Office of Personnel Management in developing telework policies.

   Inserted: "(b) Guidance and Consultation.--The Office of Personnel Management shall--

   Inserted: "(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;

   Inserted: "(2) assist each agency in establishing appropriate qualitative and quantitative measures and teleworking goals; and

   Inserted: "(3) consult with--

   Inserted: "(A) the Federal Emergency Management Agency on policy and policy guidance for telework in the areas of continuation of operations and long-term emergencies;

   Inserted: "(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

   Inserted: "(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.

   Inserted: "(c) Security Guidelines.--

   Inserted: "(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.

   Inserted: "(2) Contents.--Guidelines issued under this subsection shall, at a minimum, include requirements necessary to--

   Inserted: "(A) control access to agency information and information systems;

   Inserted: "(B) protect agency information (including personally identifiable information) and information systems;

   Inserted: "(C) limit the introduction of vulnerabilities;

   Inserted: "(D) protect information systems not under the control of the agency that are used for teleworking;

   Inserted: "(E) safeguard wireless and other telecommunications capabilities that are used for teleworking; and

   Inserted: "(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.

   Inserted: "(d) Continuity of Operations Plans.--

   Inserted: "(1) Incorporation into continuity of operations plans.--Each executive agency shall incorporate telework into the continuity of operations plan of that agency.

   Inserted: "(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.

   Inserted: "(e) Telework Website.--The Office of Personnel Management shall--

   Inserted: "(1) maintain a central telework website; and

   Inserted: "(2) include on that website related--

   Inserted: "(A) telework links;

   Inserted: "(B) announcements;

   Inserted: "(C) guidance developed by the Office of Personnel Management; and

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "Sec. 6505. Telework Managing Officer

   Inserted: "(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.

   Inserted: "(b) Duties.--The Telework Managing Officer shall--

   Inserted: "(1) be devoted to policy development and implementation related to agency telework programs;

   Inserted: "(2) serve as--

   Inserted: "(A) an advisor for agency leadership, including the Chief Human Capital Officer;

   Inserted: "(B) a resource for managers and employees; and

   Inserted: "(C) a primary agency point of contact for the Office of Personnel Management on telework matters; and

   Inserted: "(3) perform other duties as the applicable delegating authority may assign.

   Inserted: "(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.

   Inserted: "(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 an agency from serving as the Telework Managing Officer for the agency under this chapter.

   Inserted: "Sec. 6506. Reports

   Inserted: "(a) Definition.--In this section, the term 'executive agency' shall not include the Government Accountability Office.

   Inserted: "(b) Reports by the Office of Personnel Management.--

   Inserted: "(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--

   Inserted: "(A) submit a report addressing the telework programs of each executive agency to--

   Inserted: "(i) the Committee on Homeland Security and Governmental Affairs of the Senate; and

   Inserted: "(ii) the Committee on Oversight and Government Reform of the House of Representatives; and

   Inserted: "(B) transmit a copy of the report to the Comptroller General and the Office of Management and Budget.

   Inserted: "(2) Contents.--Each report submitted under this subsection shall include--

   Inserted: "(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 [struck: percentage][inserted: percent] of [struck: such ]employees [inserted: in the agency ]who are eligible to telework; and

   Struck: "(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.

   Struck: "(B) The method the agency uses to gather data on telework and the techniques used to verify and validate such data.

   Struck: "(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.

   "([struck: D][inserted: iii]) [struck: The agency's goal for increasing ]the number [struck: of employees who telework ][inserted: and percent of eligible employees ]in the [struck: next reporting period.][inserted: agency who are teleworking--]

   Struck: "(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.

   Struck: "(F) The best practices in agency telework programs.

   Struck: "(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.

   Struck: "(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--

   Show 21 more struck paragraphsShow less

   Struck: "(A) reported the requested data accurately and in a timely manner; and

   Struck: "(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.

   Struck: "(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.

   Struck: "(4) Exclusion of government accountability office.--The Director shall not submit a report under this subsection with respect to the Government Accountability Office.

   Struck: "(b) Reports by Comptroller General.--

   Struck: "(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.

   Struck: "(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).

   Struck: "(c) Appropriate Committees of Congress Defined.--In this section, the term 'appropriate committees of Congress' means--

   Struck: "(1) the Committee on Oversight and Government Reform of the House of Representatives; and

   Struck: "(2) the Committee on Homeland Security and Governmental Affairs of the Senate.".

   Struck: (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:

   Struck: "65. Telework.............................................. 6501".

   Struck: (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".

   Struck: SEC. 3. POLICY GUIDANCE.

   Struck: 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.

   Struck: SEC. 4. AUTHORITY FOR TELEWORK TRAVEL EXPENSE TEST PROGRAMS.

   Struck: (a) In General.--Subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following:

   Struck: "Sec. 5711. Authority for telework travel expense test programs

   Struck: "(a)(1) Notwithstanding any other provision of this subchapter, under a test program which the Administrator of General Services determines to be in the interest of the Government and approves, an employing agency may pay through the proper disbursing official any necessary travel expenses in lieu of any payment otherwise authorized or required under this subchapter for employees participating in a telework program. 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.

   Struck: "(2) Any test program operated under this section shall be designed to enhance cost savings or other efficiencies that accrue to the Government.

   Struck: "(3) Under any test program operated under this section, 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.

   Inserted: "(I) 3 or more days per pay period;

   Inserted: "(II) 1 or 2 days per pay period;

   Inserted: "(III) once per month; and

   Inserted: "(IV) on an occasional, episodic, or short-term basis;

   Inserted: "(B) the method for gathering telework data in each agency;

   Inserted: "(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;

   Inserted: "(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);

   Inserted: "(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;

   Inserted: "(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--

   Inserted: "(i) emergency readiness;

   Inserted: "(ii) energy use;

   Inserted: "(iii) recruitment and retention;

   Show 34 more inserted paragraphsShow less

   Inserted: "(iv) performance;

   Inserted: "(v) productivity; and

   Inserted: "(vi) employee attitudes and opinions regarding telework; and

   Inserted: "(G) the best practices in agency telework programs.

   Inserted: "(c) Comptroller General Reports.--

   Inserted: "(1) Report on government accountability office telework program.--

   Inserted: "(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--

   Inserted: "(i) the Committee on Homeland Security and Governmental Affairs of the Senate; and

   Inserted: "(ii) the Committee on Oversight and Government Reform of the House of Representatives.

   Inserted: "(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.

   Inserted: "(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).

   Inserted: "(d) Chief Human Capital Officer Reports.--

   Inserted: "(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.

   Inserted: "(2) Review and inclusion of relevant information.--The Chair and Vice Chair of the Chief Human Capital Officers Council shall--

   Inserted: "(A) review the reports submitted under paragraph (1);

   Inserted: "(B) include relevant information from the submitted reports in the annual report to Congress required under subsection (b); and

   Inserted: "(C) use that relevant information for other purposes related to the strategic management of human capital.".

   Inserted: (b) Technical and Conforming Amendments.--

   Inserted: (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:

   Inserted: 65. Telework...................................................6501....

   Inserted: (2) Telework coordinators.--

   Inserted: (A) Appropriations act, 2003.--Section 623 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2003 (Public Law 108-7; 117 Stat. 103) is amended by striking "designate a 'Telework Coordinator' to be" and inserting "designate a Telework Managing Officer to be".

   Inserted: (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".

   Inserted: (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".

   Inserted: (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".

   Inserted: SEC. 3. AUTHORITY FOR TELEWORK TRAVEL EXPENSES TEST PROGRAMS.

   Inserted: (a) In General.--Chapter 57 of title 5, United States Code, is amended by inserting after section 5710 the following:

   Inserted: "Sec. 5711. Authority for telework travel expenses test programs

   Inserted: "(a) Except as provided under subsection (f)(1), in this section, the term 'appropriate committees of Congress' means--

   Inserted: "(1) the Committee on Homeland Security and Governmental Affairs of the Senate; and

   Inserted: "(2) the Committee on Oversight and Government Reform of the House of Representatives.

   Inserted: "(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.

   Inserted: "(2) Any test program conducted under this section shall be designed to enhance cost savings or other efficiencies that accrue to the Government.

   Inserted: "(3) Under any test program, if an agency employee voluntarily relocates from the pre-existing duty station of that employee, the Administrator may authorize the employing agency to establish a reasonable maximum number of occasional visits to the pre-existing duty station before that employee is eligible for payment of any accrued travel expenses by that agency.

   "(4) Nothing in this section is intended to limit the authority of any agency to conduct test programs.

   "([struck: b][inserted: c]) The Administrator shall transmit a [struck: description][inserted: copy] of any test program approved by the Administrator under this section, and the rationale for approval, to the appropriate committees of [struck: the ]Congress at least 30 days before the effective date of the program.

   "([struck: c][inserted: d])(1) An agency authorized to conduct a test program under [struck: this section][inserted: 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 [struck: pre- existing ][inserted: 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.

   "([struck: d][inserted: e]) No more than 10 test programs under this section may be conducted simultaneously.

   Struck: "(e) The authority to conduct test programs under this section shall expire 7 years after the date of the enactment of the Telework Improvements Act of 2010.

   Struck: "(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.".

   Struck: (b) Clerical Amendment.--The table of sections for subchapter I of chapter 57 of title 5, United States Code, is amended by adding at the end the following:

   Struck: "Sec. 5711 Authority for telework travel expense test programs".

   Show 1 more struck paragraphShow less

   Struck: SEC. 5. TELEWORK RESEARCH.

   Inserted: "(f)(1) In this subsection, the term 'appropriate committee of Congress' means--

   Inserted: "(A) the Committee on Homeland Security and Governmental Affairs of the Senate;

   Inserted: "(B) the Committee on Oversight and Government Reform of the House of Representatives;

   Inserted: "(C) the Committee on the Judiciary of the Senate; and

   Inserted: "(D) the Committee on the Judiciary of the House of Representatives.

   Inserted: "(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).

   Inserted: "(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--

   Inserted: "(A) the employee is employed at a Patent and Trademark Office worksite and enters into an approved telework arrangement;

   Inserted: "(B) the employee requests to telework from a location beyond the local commuting area of the Patent and Trademark Office worksite; and

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(B) The oversight committee shall develop the operating procedures for the program under this subsection to--

   Show 14 more inserted paragraphsShow less

   Inserted: "(i) provide for the effective and appropriate functioning of the program; and

   Inserted: "(ii) ensure that--

   Inserted: "(I) reasonable technological or other alternatives to employee travel are used before requiring employee travel, including teleconferencing, videoconferencing or internet-based technologies;

   Inserted: "(II) the program is applied consistently and equitably throughout the Patent and Trademark Office; and

   Inserted: "(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.

   Inserted: "(5)(A) The test program under this subsection shall be designed to enhance cost savings or other efficiencies that accrue to the Government.

   Inserted: "(B) The Director of the Patent and Trademark Office shall--

   Inserted: "(i) prepare an analysis of the expected costs and benefits and a set of criteria for evaluating the effectiveness of the program; and

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.".

   Inserted: (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:

   Inserted: "5711. Authority for telework travel expenses test programs.".

   Inserted: SEC. 4. TELEWORK RESEARCH.

   (a) Research by OPM on Telework.--The Director of the Office of Personnel Management shall--

   (1) [struck: conduct studies on ][inserted: research ]the utilization of telework by public and private sector entities that identify best practices and recommendations for the Federal [struck: government][inserted: Government];

   (2) review the outcomes associated with an increase in telework, including the effects of telework on energy consumption, [struck: 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 [struck: to][inserted: To] Carry Out Research.--The Director of the Office of Personnel Management may carry out subsection (a) [struck: pursuant to ][inserted: under ]a contract entered into by the Director using competitive procedures[inserted: under section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C].[inserted: 253).]

   Struck: Passed the House of Representatives July 14, 2010.

   Inserted: (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.

   Original wording

   Strike all after the enacting clause and insert the following:

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As printed