[House Report 115-460]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-460
======================================================================
TO AMEND TITLE 5, UNITED STATES CODE, TO EXTEND THE AUTHORITY TO
CONDUCT TELEWORK TRAVEL EXPENSES TEST PROGRAMS, AND FOR OTHER PURPOSES
_______
December 11, 2017.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Gowdy, from the Committee on Oversight and Government Reform,
submitted the following
R E P O R T
[To accompany H.R. 4171]
[Including cost estimate of the Congressional Budget Office]
The Committee on Oversight and Government Reform, to whom
was referred the bill (H.R. 4171) to amend title 5, United
States Code, to extend the authority to conduct telework travel
expenses test programs, and for other purposes, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 4
Explanation of Amendments........................................ 4
Committee Consideration.......................................... 4
Roll Call Votes.................................................. 4
Application of Law to the Legislative Branch..................... 4
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 4
Statement of General Performance Goals and Objectives............ 4
Duplication of Federal Programs.................................. 4
Disclosure of Directed Rule Makings.............................. 5
Federal Advisory Committee Act................................... 5
Unfunded Mandates Statement...................................... 5
Earmark Identification........................................... 5
Committee Estimate............................................... 5
New Budget Authority and Congressional Budget Office Cost
Estimate....................................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 6
Committee Statement and Views
PURPOSE AND SUMMARY
H.R. 4171, to amend title 5, United States Code, to extend
the authority to conduct telework travel expenses test
programs, extends the authorization for a telework travel cost
waiver program until December 31, 2020. The program expired on
December 9, 2017.
BACKGROUND AND NEED FOR LEGISLATION
Congress enacted the Telework Enhancement Act of 2010 to
incentivize agencies to begin or expand telework programs.\1\
Telework refers to a work flexibility arrangement by which an
employee performs his or her job from a worksite other than the
location from which the employee would otherwise work. For
example, a teleworking employee may be permitted to work from
home in lieu of maintaining a physical workspace at an agency
office.
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\1\P.L. 111-292, 124 Stat. 3171 (Dec. 9, 2010) [hereinafter
``Telework Enhancement Act of 2010''].
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Section 3(a) of the Telework Enhancement Act of 2010
reinstated the authority of the General Services Administration
(GSA) to initiate travel expenses test programs at agencies.\2\
The Committee report on the Act stated:
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\2\Id., Sec. 3(a), codified at 5 U.S.C. Sec. 5711(b).
Under such a program the agency may designate and pay
any necessary travel expenses for an employee as an
alternative to any payment that is set or required
under the existing GSA travel regulations. . . . [A]n
agency may also provide an employee with the option to
waive any payment authorized or required by the
existing regulations.\3\
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\3\H. Comm. on Oversight and Gov't Reform, Telework Improvements
Act of 2010 11, 111th Cong. (2010) (H. Rep. 111-474).
By providing this alternative travel payment authority,
agencies are incentivized to allow teleworking employees to
work in places far removed from agency headquarters. In
exchange for increased employee workplace flexibility, agencies
can save on travel costs for a limited number of mandatory
trips these teleworking employees must complete.
The U.S. Patent and Trademark Office (USPTO) was
specifically required to carry out a travel expense test
program, because USPTO is particularly reliant on telework as a
workforce tool.\4\ In Fiscal Year 2016, USPTO had 10,879 total
teleworkers.\5\ These teleworkers accounted for 85.57 percent
of the agency's workforce.\6\ Of the teleworkers, 6,053 were
full time.\7\
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\4\Telework Enhancement Act of 2010, supra note 1, Sec. 3(a),
codified at 5 U.S.C. Sec. 5711(f).
\5\U.S. Patent and Trademark Office, 2016 Telework Annual Report 5
(2016) [hereinafter ``USPTO 2016 Telework Annual Report''].
\6\Id.
\7\Id., at 11.
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Prior to creation of USPTO's Telework Enhancement Act Pilot
Program (TEAPP), the agency only had two full-time telework
programs. Employees could live and work within a 50-mile radius
of a USPTO campus and be excused from routine reporting, or
employees could reside beyond the 50-mile radius and return to
USPTO headquarters in Alexandria, Virginia, at least 13 times
each year to maintain their duty station.\8\ Since TEAPP's
creation, full-time teleworking employees may live anywhere in
the contiguous United States and Puerto Rico without being
required to routinely report to campus. Employees waive their
right to reimbursement for travel expenses for a reasonable
number of mandatory trips to USPTO. In Fiscal Year 2016, 2,317
employees were part of TEAPP.\9\
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\8\U.S. Patent and Trademark Office, Telework Enhancement Act Pilot
Program (TEAPP) 1 (2017) [hereinafter ``TEAPP Background''].
\9\USPTO 2016 Telework Annual Report, supra note 5, at 21-22.
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USPTO reports significant benefits from TEAPP. First, USPTO
found significant cost savings associated with the program. The
agency estimates savings of $77.4 million in Fiscal Year 2016,
the bulk of which comes from reduced real estate costs ($17.1
million) and increased retention ($31.5 million).\10\ USPTO
found the TEAPP program provided other benefits as well:
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\10\TEAPP Background, supra note 8, at 2.
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96 percent of TEAPP participants reported
overall job satisfaction was slightly or significantly
better since participating;
75 percent of TEAPP participants reported
that the volume of work performed improved, while 69
percent reported that the quality of work performed
improved;
A reduction of CO2 emissions in
the Washington, D.C. metropolitan region due to less
motor vehicle travel; and
96 percent of TEAPP participants feel that
TEAPP has a positive impact on employee satisfaction,
and 91 percent reported the option to participate in
TEAPP would affect their decision to accept or not
accept a position in future careers.\11\
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\11\USPTO 2016 Telework Annual Report, supra note 5, at 22.
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USPTO's authority to conduct TEAPP expired on December 9,
2017. The agency requested a three-year extension of the
program in order to absorb the travel costs of TEAPP employees
into its budget.\12\ These travel costs are estimated at $3.5
million for Fiscal Years 2018-2020.\13\ At the conclusion of
this three-year period, TEAPP participants will be permitted to
remain spread across the country, but the agency will absorb
travel costs for their mandatory travel back to a USPTO
facility.
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\12\TEAPP Background, supra note 8, at 1.
\13\Id.
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LEGISLATIVE HISTORY
On October 31, 2017, Representative Greg Gianforte (R-MT)
introduced H.R. 4171, to amend title 5, United States Code, to
extend the authority to conduct telework travel expenses test
programs, with Representative Gerald Connolly (D-VA). H.R. 4171
was referred to the Committee on Oversight and Government
Reform. The Committee considered H.R. 4171 at a business
meeting on November 2, 2017, and ordered the bill favorably
reported by voice vote, without amendment.
Section-by-Section
Section 1. Extension of Authority To Conduct Telework Travel Expenses
Test Programs
Section 1 amends section 5711(g) of title 5, United States
Code, by extending the sunset date of the telework travel
expenses test programs from December 9, 2017 to December 31,
2020.
Explanation of Amendments
There were no amendments to H.R. 4171 offered or adopted
during Committee consideration of the bill.
Committee Consideration
On November 2, 2017, the Committee met in open session and,
with a quorum being present, ordered the bill favorably
reported by voice vote.
Roll Call Votes
There were no roll call votes requested or conducted during
Committee consideration of H.R. 4171.
Application of Law to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill amends title 5, United States Code, to extend the
authority to conduct telework travel expenses test programs. As
such, this bill does not relate to employment or access to
public services and accommodations in the legislative branch.
Statement of Oversight Findings and Recommendations of the Committee
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal or objective of this bill is to amend title 5, United
States Code, to extend the authority to conduct telework travel
expenses test programs.
Duplication of Federal Programs
In accordance with clause 2(c)(5) of rule XIII no provision
of this bill establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rule Makings
This bill does not direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
Federal Advisory Committee Act
The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of Section 5(b) of the appendix to title 5,
United States Code.
Unfunded Mandates Statement
Pursuant to section 423 of the Congressional Budget and
Impoundment Control Act (Pub. L. 113-67) the Committee has
included a letter received from the Congressional Budget Office
below.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
Committee Estimate
Pursuant to clause 3(d)(2)(B) of rule XIII of the Rules of
the House of Representatives, the Committee includes below a
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
New Budget Authority and Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the House of
Representatives, the cost estimate prepared by the
Congressional Budget Office and submitted pursuant to section
402 of the Congressional Budget Act of 1974 is as follows:
U.S. Congress,
Congressional Budget Office,
Washington, DC, December 4, 2017.
Hon. Trey Gowdy,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4171, a bill to
amend title 5, United States Code, to extend the authority to
conduct telework travel expenses test programs, and for other
purposes.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 4171--A bill to amend title 5, United States Code, to extend the
authority to conduct telework travel expenses test programs,
and for other purposes
H.R. 4171 would extend the authority to conduct two
telework programs for federal workers until December 31, 2020.
One is for the entire federal workforce and the other is
specifically for the Patent and Trademark Office (PTO). Those
programs permit up to 10 agencies to test innovative methods of
reimbursing telework travel expenses, though only PTO currently
uses that authority.
Using information from the General Services Administration
(GSA) and PTO, CBO expects that only PTO would continue to
actively use this authority. CBO estimates that any additional
administrative costs to GSA under H.R. 4171 would be less than
$500,000 annually; such spending would be subject to the
availability of appropriated funds. However, if more agencies
used this authority administrative costs would be greater. CBO
also estimates that the net budgetary effect on PTO to
implement the bill would be negligible because we expect PTO
would adjust its fee collections to offset any change in
operating costs, assuming that appropriation actions were
consistent with the agency's authority to collect fees.
H.R. 4171 could affect direct spending by agencies that are
not funded though annual appropriations; therefore, pay-as-you-
go procedures apply. CBO estimates, however, that any net
increase in spending by those agencies would be negligible.
Enacting H.R. 4171 would not affect revenues.
CBO estimates that enacting H.R. 4171 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 4171 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contacts for this estimate are Matthew
Pickford and Stephen Rabent. The estimate was approved by H.
Samuel Papenfuss, Deputy Assistant Director for Budget
Analysis.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 5, UNITED STATES CODE
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PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 57--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
* * * * * * *
SUBCHAPTER I--TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
* * * * * * *
Sec. 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 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.
(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
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.
(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--
(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
internet-based 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] on December 31, 2020.
* * * * * * *
[all]