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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1722 Referred in Senate (RFS)]

111th CONGRESS
  2d Session
                                H. R. 1722

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2010

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 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 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 whether a position is 
                eligible for telework is included in descriptions of 
                available positions and recruiting materials.
    ``(b) Limitations.--
            ``(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:
                    ``(A) The employee has a seriously delinquent tax 
                debt (as determined under paragraph (2)).
                    ``(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.
                    ``(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)).
                    ``(D) The employee has been officially disciplined 
                for being absent without permission for more than 5 
                days in any calendar year.
            ``(2) Determination of seriously delinquent tax debt.--
                    ``(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--
                            ``(i) a debt that is being paid in a timely 
                        manner pursuant to an agreement under section 
                        6159 or section 7122 of such Code;
                            ``(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
                            ``(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.
                    ``(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).
            ``(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.
            ``(4) Provisions relating to certain circumstances.--
        Nothing in subsection (a) shall be considered--
                    ``(A) to require the head of an agency to authorize 
                teleworking in the case of an employee whose duties and 
                responsibilities--
                            ``(i) require daily direct handling of 
                        classified information; or
                            ``(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
                    ``(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.
    ``(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.
    ``(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.
    ``(e) 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) Responsibilities of 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 
                the effect of employee performance on eligibility, 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 while 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;
            ``(5) to safeguard wireless and other telecommunications 
        capabilities that are used for teleworking; and
            ``(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.
``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. AUTHORITY FOR TELEWORK TRAVEL EXPENSE TEST PROGRAMS.

    (a) In General.--Subchapter I of chapter 57 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 5711. Authority for telework travel expense test programs
    ``(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.
    ``(2) Any test program operated under this section shall be 
designed to enhance cost savings or other efficiencies that accrue to 
the Government.
    ``(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.
    ``(4) Nothing in this section is intended to limit the authority of 
any agency to conduct test programs.
    ``(b) The Administrator shall transmit a description of any test 
program approved by the Administrator under this section, and the 
rationale for approval, to the appropriate committees of the Congress 
at least 30 days before the effective date of the program.
    ``(c)(1) An agency authorized to conduct a test program under this 
section shall provide to the Administrator, the Telework Managing 
Officer of that agency, and the appropriate committees of Congress a 
report on the results of the program not later than 3 months after 
completion of the program.
    ``(2) The results in a report described under paragraph (1) may 
include--
            ``(A) the number of visits an employee makes to the pre-
        existing duty station of that employee;
            ``(B) the travel expenses paid by the agency;
            ``(C) the travel expenses paid by the employee; or
            ``(D) any other information the agency determines useful to 
        aid the Administrator, Telework Managing Officer, and Congress 
        in understanding the test program and the impact of the 
        program.
    ``(d) No more than 10 test programs under this section may be 
conducted simultaneously.
    ``(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.
    ``(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.''.
    (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:

``Sec. 5711 Authority for telework travel expense test programs''.

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.

            Passed the House of Representatives July 14, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.

                               By Deborah M. Spriggs,

                                                          Deputy Clerk.
```