	Introduction

Enactment of P.L. Under the law, the head of each executive agency of the federal government is required to establish and implement a policy under which employees shall be authorized to telework. The policy must ensure that telework does not diminish employee performance or agency operations. The law defines telework as a work flexibility arrangement under which an employee performs the duties and responsibilities of his or her position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work. To participate in telework, an employee must enter into a written agreement with the agency. These issues, as well as the development of the Telework Managing Officer's role; the establishment of training programs for managers and supervisors and the employees under their direction who telework; the Office of Personnel Management (OPM) and Government Accountability Office (GAO) evaluations of the law's implementation; the operation of the test program on travel expenses; and the documentation of measureable outcomes resulting from telework are among those that the House and Senate may focus on in exercising oversight of the law's implementation. 111-292, the Telework Enhancement Act of 20105

The law amends Part III of Title 5 of the United States Code by adding a new chapter, Chapter 65, on telework. Executive Agency Telework Policies

Within 180 days (by June 7, 2011) after the enactment of Chapter 65, the head of each executive agency is required to establish a telework policy under which eligible employees would be authorized to telework, determine the eligibility of all employees to participate in telework, and notify all employees of their eligibility. Executive agencies are updating their telework plans. Continuity of Operations Plans (COOP)15

An agency's telework policy must be incorporated as part of its continuity of operations plans in the event of an emergency. During any period that an executive agency is operating under a COOP plan, that plan supersedes any telework policy. An employee whose official duties require on a daily basis (every work day) direct handling of secure materials determined to be inappropriate for telework by the agency head, or on-site activity that cannot be handled remotely or at an alternate worksite, is not eligible to telework, except in emergency situations, as determined by the agency head. The CG is directed to review the OPM report submitted to Congress and then submit a report to Congress on the progress each executive agency has made toward its established goals on telework. Reports by Chief Human Capital Officers

The CHCO of each executive agency, in consultation with the agency's TMO, must submit an annual report to the chair and vice chair of the CHCO Council on the agency's management efforts to promote telework. The report of the Senate Committee on Homeland Security and Governmental Affairs that accompanied S. 707 explained the provision:
For example, if an agency wishes to recruit an individual who lives a substantial distance from the agency and who wants to telework, the agency might use the test program to pay for the employee's occasional trips to the agency's offices....[T]elework travel test programs must be designed to save the Government money, so the agency would have to demonstrate that its ability to pay teleworkers travel expenses would yield gains in efficiency and productivity that would more than make up for the increased travel expenses paid by the agency....[I]f an employee voluntarily relocates away from the employee's pre-existing duty station, and if the agency wishes to retain the employee as a teleworker, the agency may establish a reasonable number of occasional visits to the agency offices that the employee must make at the employee's own expense before the employee would become eligible for reimbursement of travel expenses by the agency. Up to 10 test programs may be conducted simultaneously. Possible Issues for Oversight by Congress

As P.L.
The Telework Enhancement Act of 2010, enacted as P.L. 111-292 (December 9, 2010), requires the head of each executive agency to establish and implement a policy under which employees shall be authorized to telework.
The law amends Title 5 of the United States Code by adding a new chapter, Chapter 65, entitled "Telework," and defines telework as a work flexibility arrangement under which an employee performs the duties and responsibilities of his or her position, and other authorized activities, from an approved worksite other than the location from which the employee would otherwise work. The head of each executive agency is required to establish a policy under which employees (with some exceptions) would be authorized to telework. The policy on telework must be established within 180 days after enactment of the new Chapter 65 of Title 5 United States Code and ensure that telework does not diminish employee performance or agency operations. Executive agency employees not eligible for telework generally include those whose official duties require the daily (every work day), direct handling of secure materials determined to be inappropriate for telework by the agency head, or on-site activity that cannot be handled remotely or at an alternate worksite. Employees are required to enter into written agreements with their agencies before participating in telework. Each executive agency must appoint a Telework Managing Officer, who is responsible for implementing the telework policies, and provide training to managers, supervisors, and employees participating in telework. The telework policy must be incorporated as part of an executive agency's continuity of operations plans (COOP) in the event of an emergency. When an executive agency is operating under a COOP plan, that plan must supersede any telework policy. The Director of the Office of Personnel Management (OPM) is directed to submit annual reports on telework to Congress, and the Comptroller General (CG) is directed to review the OPM report and then annually report to Congress on the progress of executive agencies in implementing telework. The CG also will annually submit a report to Congress on telework at the Government Accountability Office. The agency chief human capital officers (CHCOs) will annually report to the chair and vice-chair of the CHCO Council on telework in their organizations. Test programs for telework travel expenses are authorized. Such programs are authorized for seven years and no more than 10 programs may be conducted simultaneously.
As executive agencies implement the law on telework, Congress may wish to examine several issues, including the policies and guidance that the Office of Management and Budget and OPM, respectively, will be prescribing on the security of information and systems during telework, and the operation of executive agency telework programs. This report summarizes the provisions of P.L. 111-292 and identifies several possible issues for congressional oversight of telework. It will be updated as the law is implemented.