In the Senate of the United States, 
September 29, 2010. 
Resolved, That the bill from the House of Representa-
tives (H.R. 1722) entitled ‘‘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.’’, do pass with the following 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Telework Enhance-
ment 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 fol-
lowing: 
‘‘CHAPTER 65—TELEWORK 
‘‘Sec. 
‘‘6501. Definitions. 
‘‘6502. Executive agencies telework requirement.
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‘‘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 ‘tele-
working’ 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 work-
site 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;
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‘‘(B) determine the eligibility for all em-
ployees of the agency to participate in telework; 
and 
‘‘(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 sec-
tion if— 
‘‘(A) the employee has been officially dis-
ciplined for being absent without permission for 
more than 5 days in any calendar year; or 
‘‘(B) the employee has been officially dis-
ciplined 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 por-
nography, on a Federal Government computer 
or while performing official Federal Govern-
ment duties. 
‘‘(b) PARTICIPATION.—The policy described under 
subsection (a) shall— 
‘‘(1) ensure that telework does not diminish em-
ployee performance or agency operations; 
‘‘(2) require a written agreement that—
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‘‘(A) is entered into between an agency 
manager and an employee authorized to 
telework, that outlines the specific work ar-
rangement that is agreed to; and 
‘‘(B) is mandatory in order for any em-
ployee to participate in telework; 
‘‘(3) provide that an employee may not be au-
thorized to telework if the performance of that em-
ployee does not comply with the terms of the written 
agreement between the agency manager and that 
employee; 
‘‘(4) except in emergency situations as deter-
mined 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 han-
dled 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.
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‘‘§ 6503. Training and monitoring 
‘‘(a) IN GENERAL.—The head of each executive agen-
cy 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 inter-
active telework training program before that em-
ployee 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 perform-
ance of employees; 
‘‘(B) training, rewarding, reassigning, pro-
moting, reducing in grade, retaining, and re-
moving employees; 
‘‘(C) work requirements; or 
‘‘(D) other acts involving managerial dis-
cretion; and 
‘‘(4) when determining what constitutes dimin-
ished employee performance, the agency shall con-
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‘‘(2) CONTENTS.—Guidelines issued under this 
subsection shall, at a minimum, include require-
ments necessary to— 
‘‘(A) control access to agency information 
and information systems; 
‘‘(B) protect agency information (including 
personally identifiable information) and infor-
mation 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 tele-
communications capabilities that are used for 
teleworking; and 
‘‘(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 por-
nography. 
‘‘(d) CONTINUITY OF OPERATIONS PLANS.— 
‘‘(1) INCORPORATION INTO CONTINUITY OF OP-
ERATIONS PLANS.—Each executive agency shall in-
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corporate telework into the continuity of operations 
plan of that agency. 
‘‘(2) CONTINUITY OF OPERATIONS PLANS SU-
PERSEDE
TELEWORK
POLICY.—During any period 
that an executive agency is operating under a con-
tinuity 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 Gen-
eral Services Administration to the Office of 
Personnel Management not later than 10 busi-
ness 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 re-
quiring each executive agency when purchasing computer
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systems, to purchase computer systems that enable and 
support telework, unless the head of the agency deter-
mines 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 Offi-
cer 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 im-
plementation related to agency telework programs; 
‘‘(2) serve as— 
‘‘(A) an advisor for agency leadership, in-
cluding the Chief Human Capital Officer; 
‘‘(B) a resource for managers and employ-
ees; 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 del-
egating authority may assign.
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‘‘(c) STATUS WITHIN AGENCY.—The Telework Man-
aging 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 an agency from serving 
as the Telework Managing Officer for the agency under 
this chapter. 
‘‘§ 6506. Reports 
‘‘(a) DEFINITION.—In this section, the term ‘execu-
tive agency’ shall not include the Government Account-
ability Office. 
‘‘(b) REPORTS BY THE OFFICE OF PERSONNEL MAN-
AGEMENT.— 
‘‘(1) SUBMISSION OF REPORTS.—Not later than 
18 months after the date of enactment of this chap-
ter and on an annual basis thereafter, the Director 
of the Office of Personnel Management, in consulta-
tion with Chief Human Capital Officers Council, 
shall— 
‘‘(A) submit a report addressing the 
telework programs of each executive agency 
to—
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‘‘(i) the Committee on Homeland Se-
curity and Governmental Affairs of the 
Senate; and 
‘‘(ii) the Committee on Oversight and 
Government Reform of the House of Rep-
resentatives; and 
‘‘(B) transmit a copy of the report to the 
Comptroller General and the Office of Manage-
ment and Budget. 
‘‘(2) CONTENTS.—Each report submitted under 
this subsection shall include— 
‘‘(A) the degree of participation by employ-
ees of each executive agency in teleworking dur-
ing 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 admin-
istrative unit of that agency), including— 
‘‘(i) the total number of employees in 
the agency; 
‘‘(ii) the number and percent of em-
ployees in the agency who are eligible to 
telework; and
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‘‘(iii) the number and percent of eligi-
ble employees in the agency who are tele-
working— 
‘‘(I) 3 or more days per pay pe-
riod; 
‘‘(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 tele-
working 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 partici-
pation 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 sub-
paragraph (A)(iii); 
‘‘(E) an explanation of whether or not the 
agency met the goals for the last reporting pe-
riod and, if not, what actions are being taken 
to identify and eliminate barriers to maximizing