H. R. 1722 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

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. 

‘‘§ 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. 

‘‘§ 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 
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‘‘(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. 

‘‘§ 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 
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‘‘(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. 

‘‘§ 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 VicePresidential 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 
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‘‘(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. 

‘‘§ 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 
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an agency from serving as the Telework Managing Officer for the 

agency under this chapter. 

‘‘§ 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— 
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‘‘(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 
H. R. 1722—7 

(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: 

‘‘§ 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 preexisting duty station before that employee is eligible for payment 

of any accrued travel expenses by that agency. 
H. R. 1722—8 

‘‘(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 preexisting 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— 
H. R. 1722—9 

‘‘(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 internetbased 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). 
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(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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.