Title 5 — Government Organization and Employees

Part III · Chapter 57 — Travel, Transportation, and Subsistence

§ 5711. Authority for telework travel expenses programs

Statutory text

Except as provided under subsection (f)(1), in this section, the term “appropriate committees of Congress” means—

the Committee on Homeland Security and Governmental Affairs of the Senate; and

the Committee on Oversight and Government Reform of the House of Representatives.

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.

Any test program conducted under this section shall be designed to enhance cost savings or other efficiencies that accrue to the Government.

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.

Nothing in this section is intended to limit the authority of any agency to conduct test programs.

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.

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.

The results in a report described under paragraph (1) may include—

the number of visits an employee makes to the pre-existing duty station of that employee;

the travel expenses paid by the agency;

the travel expenses paid by the employee; or

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.

No more than 10 test programs under this section may be conducted simultaneously.

In this subsection, the term “appropriate committees of Congress” means—

the Committee on Homeland Security and Governmental Affairs of the Senate;

the Committee on Oversight and Reform of the House of Representatives;

the Committee on the Judiciary of the Senate; and

the Committee on the Judiciary of the House of Representatives.

The Patent and Trademark Office shall conduct a program under this subsection.

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—

the employee is employed at a Patent and Trademark Office worksite and enters into an approved telework arrangement;

the employee requests to telework from a location beyond the local commuting area of the Patent and Trademark Office worksite; and

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.

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.

The oversight committee shall develop and maintain the operating procedures for the program under this subsection to—

provide for the effective and appropriate functioning of the program; and

ensure that—

reasonable technological or other alternatives to employee travel are used before requiring employee travel, including teleconferencing, videoconferencing or internet-based technologies;

the program is applied consistently and equitably throughout the Patent and Trademark Office; and

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.

The program under this subsection shall be designed to enhance cost savings or other efficiencies that accrue to the Government.

The Director of the Patent and Trademark Office shall prepare and submit to the appropriate committees of Congress an annual report on the operation of the program under this subsection, which shall include—

the costs and benefits of the program; and

an analysis of the effectiveness of the program, as determined under criteria developed by the Director.

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.

The authority to conduct test programs under subsection (b) shall expire on December 31, 2020.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

2010
Telework Enhancement Act of 2010
Pub. L. 111–292 § 3(a) · 124 Stat. 3165
Enacted · 5 U.S.C. § 5711
Added Pub. L. 111–292, § 3(a), Dec. 9, 2010, 124 Stat. 3171
Source evidence
Code source credit
Added Pub. L. 111–292, § 3(a), Dec. 9, 2010, 124 Stat. 3171
Enacted provision · exact public law section
(a) In General.— Chapter 57 of title 5, United States Code, is amended by inserting after section 5710 the following: “§ 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 Cost analysis. an analysis of the expected costs and benefits and a set of criteria for evaluating the effectiveness of the program; and “(ii) before Criteria. 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 Expiration date. 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.” .
2018
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title XI § 1105(a) · 132 Stat. 1636
Substituted · 5 U.S.C. § 5711(g)
Pub. L. 115–232 substituted “on December 31, 2020” for “7 years after the date of the enactment of the Telework Enhancement Act of 2010”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 115–232 substituted “on December 31, 2020” for “7 years after the date of the enactment of the Telework Enhancement Act of 2010”.
Enacted provision · exact public law section
(a) In General.— Section 5711(g) of title 5, United States Code, is amended by striking “7 years after the date of the enactment of the Telework Enhancement Act of 2010” and inserting “on December 31, 2020”.
Effective date note
Pub. L. 115–232, div. A, title XI, § 1105(b), Aug. 13, 2018, 132 Stat. 2001, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as though enacted on December 1, 2017.”
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1112(a)(1) · 134 Stat. 3388
Struck · 5 U.S.C. § 5711
Pub. L. 116–283, § 1112(a)(1), struck out “test” before “programs” in section catchline
Source evidence
Code amendment note
Pub. L. 116–283, § 1112(a)(1), struck out “test” before “programs” in section catchline.
Enacted provision · exact public law section
(1) in the section heading, by striking “test”;
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1112(a)(2)(A)(i) · 134 Stat. 3388
Substituted · 5 U.S.C. § 5711(f)(1)
Pub. L. 116–283, § 1112(a)(2)(A)(i), substituted “appropriate committees” for “appropriate committee” in introductory provisions
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 116–283, § 1112(a)(2)(A)(i), substituted “appropriate committees” for “appropriate committee” in introductory provisions.
Enacted provision · exact public law section
(i) in the matter preceding subparagraph (A), by striking “committee” and inserting “committees”; and
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1112(a)(2)(A)(ii) · 134 Stat. 3388
Struck · 5 U.S.C. § 5711(f)(1)(B)
Pub. L. 116–283, § 1112(a)(2)(A)(ii), struck out “Government” before “Reform”
Source evidence
Code amendment note
Subsec. (f)(1)(B). Pub. L. 116–283, § 1112(a)(2)(A)(ii), struck out “Government” before “Reform”.
Enacted provision · exact public law section
(ii) in subparagraph (B), by striking “Government”;
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1112(a)(2)(B) · 134 Stat. 3388
1. Struck · 5 U.S.C. § 5711(f)(2)
  Pub. L. 116–283, § 1112(a)(2)(B), struck out “test” before “program”
2. Substituted · 5 U.S.C. § 5711(f)(2)
  Pub. L. 116–283, § 1112(a)(2)(B), substituted “subsection” for “section, including the provision of reports in accordance with subsection (d)(1)”
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 116–283, § 1112(a)(2)(B), struck out “test” before “program” and substituted “subsection” for “section, including the provision of reports in accordance with subsection (d)(1)”.
Enacted provision · exact public law section
(B) in paragraph (2)— (i) by striking “test”; and (ii) by striking “section, including the provision of reports in accordance with subsection (d)(1)” and inserting “subsection”;
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1112(a)(2)(C) · 134 Stat. 3388
Inserted · 5 U.S.C. § 5711(f)(4)(B)
Pub. L. 116–283, § 1112(a)(2)(C), inserted “and maintain” after “develop” in introductory provisions
Source evidence
Code amendment note
Subsec. (f)(4)(B). Pub. L. 116–283, § 1112(a)(2)(C), inserted “and maintain” after “develop” in introductory provisions.
Enacted provision · exact public law section
(C) in paragraph (4)(B), in the matter preceding clause (i), by inserting “and maintain” after “develop”; and
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1112(a)(2)(D)(i) · 134 Stat. 3388
Struck · 5 U.S.C. § 5711(f)(5)(A)
Pub. L. 116–283, § 1112(a)(2)(D)(i), struck out “test” before “program”
Source evidence
Code amendment note
Subsec. (f)(5)(A). Pub. L. 116–283, § 1112(a)(2)(D)(i), struck out “test” before “program”.
Enacted provision · exact public law section
(i) in subparagraph (A), by striking “test”; and
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1112(a)(2)(D)(ii) · 134 Stat. 3388
1. Added · 5 U.S.C. § 5711(f)(5)(B)
  Pub. L. 116–283, § 1112(a)(2)(D)(ii), added subpar. (B)
2. Struck · 5 U.S.C. § 5711(f)(5)(B)
  Pub. L. 116–283, § 1112(a)(2)(D)(ii), struck out former subpar. (B) which read as follows:
Source evidence
Code amendment note
Subsec. (f)(5)(B). Pub. L. 116–283, § 1112(a)(2)(D)(ii), added subpar. (B) and struck out former subpar. (B) which read as follows:
“(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.”
Enacted provision · exact public law section
(ii) by striking subparagraph (B) and inserting the following: “(B) The Director of the Patent and Trademark Office shall prepare and submit to the appropriate committees of Congress an annual report on the operation of the program under this subsection, which shall include— “(i) the costs and benefits of the program; and “(ii) an analysis of the effectiveness of the program, as determined under criteria developed by the Director.” ; and
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1112(a)(3) · 134 Stat. 3388
Substituted · 5 U.S.C. § 5711(g)
Pub. L. 116–283, § 1112(a)(3), substituted “subsection (b)” for “this section”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 116–283, § 1112(a)(3), substituted “subsection (b)” for “this section”.
Enacted provision · exact public law section
(3) in subsection (g), by striking “this section” and inserting “subsection (b)”.

12 of 12 references resolved to an enrolled provision

Editorial Notes

Amendments2018–2021 · 2 rounds

2021

Pub. L. 116–283, § 1112(a)(1), struck out “test” before “programs” in section catchline.

Subsec. (f)(1). Pub. L. 116–283, § 1112(a)(2)(A)(i), substituted “appropriate committees” for “appropriate committee” in introductory provisions.

Subsec. (f)(1)(B). Pub. L. 116–283, § 1112(a)(2)(A)(ii), struck out “Government” before “Reform”.

Subsec. (f)(2). Pub. L. 116–283, § 1112(a)(2)(B), struck out “test” before “program” and substituted “subsection” for “section, including the provision of reports in accordance with subsection (d)(1)”.

Subsec. (f)(4)(B). Pub. L. 116–283, § 1112(a)(2)(C), inserted “and maintain” after “develop” in introductory provisions.

Subsec. (f)(5)(A). Pub. L. 116–283, § 1112(a)(2)(D)(i), struck out “test” before “program”.

Subsec. (f)(5)(B). Pub. L. 116–283, § 1112(a)(2)(D)(ii), added subpar. (B) and struck out former subpar. (B) which read as follows:

“(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.”

Subsec. (g). Pub. L. 116–283, § 1112(a)(3), substituted “subsection (b)” for “this section”.

2018

Subsec. (g). Pub. L. 115–232 substituted “on December 31, 2020” for “7 years after the date of the enactment of the Telework Enhancement Act of 2010”.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Pub. L. 115–232, div. A, title XI, § 1105(b), Aug. 13, 2018, 132 Stat. 2001, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as though enacted on December 1, 2017.”

Credits

2010–2021 · 3 acts

2010Added Pub. L. 111–292, § 3(a), Dec. 9, 2010, 124 Stat. 3171
2018amended Pub. L. 115–232, div. A, title XI, § 1105(a), Aug. 13, 2018, 132 Stat. 2001
2021Pub. L. 116–283, div. A, title XI, § 1112(a), Jan. 1, 2021, 134 Stat. 3893.

Show as published

(Added Pub. L. 111–292, § 3(a), Dec. 9, 2010, 124 Stat. 3171; amended Pub. L. 115–232, div. A, title XI, § 1105(a), Aug. 13, 2018, 132 Stat. 2001; Pub. L. 116–283, div. A, title XI, § 1112(a), Jan. 1, 2021, 134 Stat. 3893.)