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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1722 Reported in House (RH)]

                                                 Union Calendar No. 269
111th CONGRESS
  2d Session
                                H. R. 1722

                          [Report No. 111-474]

 To improve teleworking in executive agencies by developing a telework 
 program that allows employees to telework at least 20 percent of the 
    hours worked in every 2 administrative workweeks, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2009

  Mr. Sarbanes (for himself, Mr. Wolf, Mr. Connolly of Virginia, Mr. 
     Lynch, Mr. Davis of Illinois, Mr. Moran of Virginia, and Mr. 
Ruppersberger) introduced the following bill; which was referred to the 
              Committee on Oversight and Government Reform

                              May 4, 2010

    Additional sponsors: Mr. Wittman, Mr. Himes, Ms. Zoe Lofgren of 
California, Mrs. Capito, Mr. Doggett, Mr. Cummings, Ms. Norton, and Mr. 
                                 Towns

                              May 4, 2010

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               25, 2009]

_______________________________________________________________________

                                 A BILL

 
 To improve teleworking in executive agencies by developing a telework 
 program that allows employees to telework at least 20 percent of the 
    hours worked in every 2 administrative workweeks, 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 Improvements 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. Governmentwide telework requirement.
``6503. Implementation.
``6504. Telework Managing Officer.
``6505. Evaluating telework in agencies.
``Sec. 6501. Definitions
    ``For purposes of this chapter--
            ``(1) the term `agency' means an Executive agency (as 
        defined by section 105), except as otherwise provided in this 
        chapter;
            ``(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;
            ``(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
            ``(4) the term `Telework Managing Officer' means, with 
        respect to an agency, the Telework Managing Officer of the 
        agency designated under section 6504.
``Sec. 6502. Governmentwide telework requirement
    ``(a) Telework Requirement.--
            ``(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).
            ``(2) Agency policies.--The head of each agency shall 
        ensure--
                    ``(A) that the telework policy established under 
                this section--
                            ``(i) conforms to the regulations 
                        promulgated by the Director of the Office of 
                        Personnel Management under section 6503, and
                            ``(ii) authorizes employees to telework to 
                        the maximum extent possible without diminishing 
                        agency operations and performance; and
                    ``(B) that information on the eligibility of 
                employees to telework is included in descriptions of 
                available positions and other recruiting materials.
    ``(b) Provisions Relating to Certain Circumstances.--Nothing in 
subsection (a) shall be considered--
            ``(1) to require the head of an agency to authorize 
        teleworking in the case of an employee whose duties and 
        responsibilities--
                    ``(A) require daily direct handling of classified 
                information; or
                    ``(B) 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
            ``(2) 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.
    ``(c) Rule of Construction.--Nothing in this chapter shall--
            ``(1) be considered to require any employee to telework; or
            ``(2) prevent an agency from permitting an employee to 
        telework as part of a continuity of operations plan.
``Sec. 6503. Implementation
    ``(a) Responsibilities of Agencies.--The head of each agency shall 
ensure that--
            ``(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;
            ``(2) the training covers the information security 
        guidelines issued by the Director of the Office of Management 
        and Budget under this section;
            ``(3) no distinction is made between teleworkers and 
        nonteleworkers for purposes of--
                    ``(A) periodic appraisals of job performance of 
                employees,
                    ``(B) training, rewarding, reassigning, promoting, 
                reducing in grade, retaining, or removing employees,
                    ``(C) work requirements, or
                    ``(D) other acts involving managerial discretion;
            ``(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
            ``(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.
    ``(b) Promulgation of Regulations by OPM.--The Director of the 
Office of Personnel Management shall--
            ``(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;
            ``(2) provide advice, assistance, and any necessary 
        training to agencies with respect to the requirements of this 
        chapter, including with respect to--
                    ``(A) questions of eligibility to telework, such as 
                considerations relating to employee performance, and
                    ``(B) making telework part of the agency's goals, 
                including those of individual supervisors and managers; 
                and
            ``(3) in consultation with the Administrator of General 
        Services, maintain a central, publicly available telework 
        website that includes--
                    ``(A) any regulations relating to telework and any 
                other information the Director considers appropriate,
                    ``(B) an e-mail address which may be used to submit 
                comments to the Director on agency telework programs or 
                agreements, and
                    ``(C) a copy of all reports issued under section 
                6505(a).
    ``(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 in, or otherwise affected by, teleworking. 
Such guidelines shall, at a minimum, include requirements necessary--
            ``(1) to control access to agency information and 
        information systems;
            ``(2) to protect agency information (including personally 
        identifiable information) and information systems;
            ``(3) to limit the introduction of vulnerabilities;
            ``(4) to protect information systems not under the control 
        of the agency that are used for teleworking; and
            ``(5) to safeguard wireless and other telecommunications 
        capabilities that are used for teleworking.
``Sec. 6504. Telework Managing Officer
    ``(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--
            ``(1) by the Chief Human Capital Officer of such agency; or
            ``(2) if the agency does not have a Chief Human Capital 
        Officer, by the head of such agency.
    ``(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.
    ``(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.
    ``(d) Duties and Responsibilities.--Each Telework Managing Officer 
of an agency shall--
            ``(1) provide advice on teleworking to the head of such 
        agency and to the Chief Human Capital Officer of such agency 
        (if any);
            ``(2) serve as a resource on teleworking for supervisors, 
        managers, and employees of such agency;
            ``(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;
            ``(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--
                    ``(A) cost-effectiveness,
                    ``(B) equipment,
                    ``(C) training, and
                    ``(D) data collection;
            ``(5) ensure that the agency's telework policy is 
        communicated effectively to employees;
            ``(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;
            ``(7) develop and administer a tracking system for 
        compliance with Governmentwide telework reporting requirements;
            ``(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;
            ``(9) establish a system for receiving feedback from agency 
        employees on the telework policy of the agency;
            ``(10) develop and implement a program to identify and 
        remove barriers to telework and to maximize telework 
        opportunities in the agency;
            ``(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--
                    ``(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
                    ``(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;
            ``(12) ensure that employees are notified of grievance 
        procedures available to them (if any) with respect to any 
        disputes that relate to telework; and
            ``(13) perform such other duties and responsibilities 
        relating to telework as the head of the agency may require.
    ``(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.
``Sec. 6505. Evaluating telework in agencies
    ``(a) Annual Report by OPM.--
            ``(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:
                    ``(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--
                            ``(i) the total number of employees in the 
                        agency;
                            ``(ii) the number and percentage of such 
                        employees who are eligible to telework; and
                            ``(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.
                    ``(B) The method the agency uses to gather data on 
                telework and the techniques used to verify and validate 
                such data.
                    ``(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.
                    ``(D) The agency's goal for increasing the number 
                of employees who telework in the next reporting period.
                    ``(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.
                    ``(F) The best practices in agency telework 
                programs.
                    ``(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.
            ``(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--
                    ``(A) reported the requested data accurately and in 
                a timely manner; and
                    ``(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.
            ``(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.
            ``(4) Exclusion of government accountability office.--The 
        Director shall not submit a report under this subsection with 
        respect to the Government Accountability Office.
    ``(b) Reports by Comptroller General.--
            ``(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.
            ``(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).
    ``(c) Appropriate Committees of Congress Defined.--In this section, 
the term `appropriate committees of Congress' means--
            ``(1) the Committee on Oversight and Government Reform of 
        the House of Representatives; and
            ``(2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate.''.
    (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:

``65. Telework..............................................    6501''.
    (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''.

SEC. 3. POLICY GUIDANCE.

    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.

SEC. 4. TRAVEL EXPENSE TEST PROGRAMS.

    Section 5710 of title 5, United States Code, is amended to read as 
follows:
``Sec. 5710. Authority for travel expense test programs
    ``(a)(1) Notwithstanding any other provision of this subchapter, if 
the Administrator of General Services determines it to be in the 
interest of Government, the Administrator may approve the request of an 
agency to operate a test program under which the agency may pay through 
the proper disbursing official any necessary travel expenses of the 
employee in lieu of any payment otherwise authorized or required under 
this subchapter. 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 test program.
    ``(2) Any test program operated under this section shall be 
designed to enhance cost savings or other efficiencies that accrue to 
the Government.
    ``(b) The Administrator shall transmit a description of any test 
program approved or extended by the Administrator under this section to 
the appropriate committees of the Congress not later than 30 days 
before the program or extension takes effect.
    ``(c)(1) An agency operating a test program approved under this 
section shall annually submit a report on the results of the program to 
date to the Administrator.
    ``(2) Not later than 3 months after the conclusion of a test 
program approved under this section, the agency operating the program 
shall submit a final report on the results of the program to the 
Administrator and the appropriate committees of Congress.
    ``(d) The Administrator may approve such number of test programs 
under this section as the Administrator considers appropriate, 
including test programs which are carried out on a government-wide 
basis, except that the number of test programs in operation at any time 
may not exceed 12.
    ``(e)(1) The Administrator may not approve any test program under 
this section for an initial period of more than 2 years.
    ``(2) Upon a showing of enhanced cost savings, the Administrator 
may extend an approved test program for an additional period not to 
exceed 2 years.
    ``(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.
    ``(g) The authority to conduct test programs under this section 
shall expire upon the expiration of the 6-year period which begins on 
the date of the enactment of the Telework Improvements Act of 2010.''.

SEC. 5. TELEWORK RESEARCH.

    (a) Research by OPM on Telework.--The Director of the Office of 
Personnel Management shall--
            (1) conduct studies on 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, 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 to Carry Out Research.--The Director of the 
Office of Personnel Management may carry out subsection (a) pursuant to 
a contract entered into by the Director using competitive procedures.
            Amend the title so as to read: ``A bill 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.''.
                                                 Union Calendar No. 269

111th CONGRESS

  2d Session

                               H. R. 1722

                          [Report No. 111-474]

_______________________________________________________________________

                                 A BILL

 To improve teleworking in executive agencies by developing a telework 
 program that allows employees to telework at least 20 percent of the 
    hours worked in every 2 administrative workweeks, and for other 
                               purposes.

_______________________________________________________________________

                              May 4, 2010

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
```