Telework for Executive Branch Employees: A
Side-by-Side Comparison of Legislation
Pending in the 111th Congress

Barbara L. Schwemle
Analyst in American National Government
March 30, 2010
Congressional Research Service
7-5700
www.crs.gov
RL34516
CRS Report for Congress
P
repared for Members and Committees of Congress

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

Summary
Legislation to enhance telework in the Executive Branch is currently pending in the 111th
Congress. S. 707, the Telework Enhancement Act of 2009, and H.R. 1722, the Telework
Improvements Act of 2010, were introduced on March 25, 2009, by Senator Daniel Akaka and
Representative John Sarbanes, respectively. The Senate Committee on Homeland Security and
Governmental Affairs marked up S. 707 on May 20, 2009, and ordered the bill to be reported with
an amendment favorably. The Subcommittee on Federal Workforce, Postal Service, and the
District of Columbia of the House Committee on Oversight and Government Reform marked up
H.R. 1722 on March 24, 2010, and reported it favorably, as amended, to the full committee. The
House bill would amend Title 5 of the United States Code by adding a new Chapter 65 entitled
“Telework.”
S. 707 would define telework as a work arrangement in which an employee performs officially
assigned duties at home or other worksites geographically convenient to the residence of the
employee. Under H.R. 1722, telework would mean 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
work if not for the arrangement. Both bills would require the heads of executive branch agencies
to establish policies under which employees (with some exceptions) could be eligible to
participate in telework. Agencies would have to establish such policies within 180 days after
enactment of the act (Senate bill) or within one year after the enactment of the new Chapter 65 of
Title 5 United States Code (House bill). Employee participation in telework must not diminish
either employee performance or agency operations (Senate bill) or agency operations and
performance (House bill).
Executive branch employees not eligible for telework generally would include those whose duties
involve the daily direct handling of secure materials or on-site activity that cannot be handled
remotely or at an alternative worksite (Senate bill) or the daily direct handling of classified
information or 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 (House bill). S. 707
would require an employee to enter into a written agreement with the agency before participating
in telework. The Senate and House legislation would require each executive branch agency to
appoint a Telework Managing Officer, who would be responsible for implementing the telework
policies. The agencies also would be required to provide training to managers, supervisors, and
employees participating in telework. Both S. 707 and H.R. 1722 would provide for telework to be
incorporated into an agency’s Continuity of Operations (COOP) plans. The bills also would
require the Director of the Office of Personnel Management (OPM) to submit annual reports on
telework to Congress, and the Comptroller General (CG) to review the OPM report and then
annually report to Congress on the progress of executive agencies in implementing telework. The
Senate bill would require the CG to annually submit a report to Congress on telework at GAO
and the agency Chief Human Capital Officers (CHCOs) to annually report to the chair and vice-
chair of the CHCO Council on telework in their organizations. S. 707 also would authorize test
programs for telework travel expenses.
This report presents a side-by-side comparison of the provisions of S. 707, as ordered to be
reported, and H.R. 1722, as reported favorably, as amended, to the full committee. It will be
updated as events dictate.
Congressional Research Service

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

Contents
Background ................................................................................................................................ 1

Tables
Table 1. Legislation on Telework: Provisions in S. 707 and H.R. 1722 Compared........................ 3

Contacts
Author Contact Information ...................................................................................................... 14

Congressional Research Service

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

Background
The 111th Congress is considering legislation (S. 707 and H.R. 1722) to foster telework in the
federal government.
Senator Daniel Akaka, for himself and Senator George Voinovich, introduced S. 707, the
Telework Enhancement Act of 2009, on March 25, 2009, and it was referred to the Senate
Committee on Homeland Security and Governmental Affairs. In his statement upon introducing
the bill, Senator Akaka stated that the legislation would “provide Federal agencies with an
important tool to remain competitive in the modern workplace and would offer a flexible option
for human capital management.” Furthermore, he stated that the bill “prohibits discrimination
against employees who chose to telework, guaranteeing those employees will not be
disadvantaged in performance evaluations, pay, or benefits.”1 Senator Voinovich’s statement
emphasized that the legislation “helps ensure that executive agencies better integrate telework
into their human capital planning, establishes a level playing field for employees who voluntarily
elect to telework, and improves program accountability.” He noted that, telework “participation is
far short of what it should be and what the Federal workforce needs if our government is to
remain an employer of choice.”2 The committee marked up the legislation on May 20, 2009, and,
by voice vote, ordered it to be reported with an amendment favorably. The amendment, offered
by Senator Tom Coburn and agreed to by voice vote, would amend 5 U.S.C. §5710 by amending
subsections (a)(1) and (e) and adding a subsection (f) to authorize a test program for travel
expenses at the Patent and Trademark Office. An estimate prepared by the Congressional Budget
Office determined that administrative costs in the federal agencies would increase by $5 million
in 2010, and by $25 million over the 2010-2014 period as S. 707 is implemented.3
Representative John Sarbanes, for himself and Representatives Frank Wolf, Gerald Connolly,
Stephen Lynch, Danny Davis, Jim Moran, and C.A. Dutch Ruppersberger, introduced H.R. 1722,
the Telework Improvements Act of 2010, on March 25, 2009, and the bill was referred to the
House Committee on Oversight and Government Reform. The legislation would amend Title 5 of
the United States Code by adding a new Chapter 65 entitled “Telework.” Representative
Sarbanes, upon introducing the bill, stated that it “encourages a uniform and consistent telework
policy across the federal government, while imposing strict oversight and accountability that will
ensure the success of this pragmatic yet innovative workforce management policy.” He expressed
the expectation that the bill will “bolster the federal workforce, reduce traffic and carbon
emissions, and improve the quality of life for our dedicated civil servants.”4 The House
Subcommittee on Federal Workforce, Postal Service, and the District of Columbia marked-up
H.R. 1722 on March 24, 2010. The subcommittee, by voice vote, agreed to a manager’s
amendment, offered by Representative Lynch, and an amendment, offered by Representative
Connolly, related to continuity of operations and telework, and then reported the bill to the full
committee favorably, as amended. Representative Connolly withdrew a second amendment
before it could be considered that would have provided for the establishment and operation of a
National Telework Research Center at an institution of higher education.

1 Statement of Senator Daniel Akaka, Congressional Record, daily edition, vol. 155, March 25, 2009, p. S3795.
2 Ibid., p. S3797.
3 U.S. Congressional Budget Office, Cost Estimate, S. 707, Telework Enhancement Act of 2009, June 1, 2009.
4 Statement of Representative John P. Sarbanes, “The Telework Improvements Act of 2009,” Congressional Record,
daily edition, vol. 155, March 25, 2009, pp. E764-E765.
Congressional Research Service
1

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

Telework would be defined as a work arrangement in which an employee performs officially
assigned duties at home or other worksites geographically convenient to the residence of the
employee (Senate bill) or 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 work if not for the arrangement
(House bill).
Both bills would require the heads of executive branch agencies to establish policies under which
employees (with some exceptions) could be eligible to participate in telework. The policies on
telework would have to be established within 180 days after enactment of the act (Senate bill) or
within one year after the enactment of the new Chapter 65 of Title 5 United States Code (House
bill). Employee participation in telework must not diminish either employee performance or
agency operations (Senate bill) or agency operations and performance (House bill).
In the executive branch, employees not eligible for telework generally would include those whose
duties involve the daily direct handling of secure materials or on-site activity that cannot be
handled remotely or at an alternative worksite (Senate bill) or the daily direct handling of
classified information or 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 (House bill).
Under the Senate bill, an employee would have to enter into a written agreement with the agency
to participate in telework. The Senate and House legislation would require that a Telework
Managing Officer, who would be responsible for implementing the telework policies, be
appointed for each executive branch agency. Each agency also would be required to provide
training to managers, supervisors, and employees participating in telework.
Telework would be incorporated into an agency’s Continuity of Operations (COOP) plans under
the legislation. The Senate and House bills also would require the Director of the Office of
Personnel Management (OPM) to submit annual reports on telework to Congress, and the
Comptroller General (CG) to review the OPM report and then annually report to Congress on the
progress of executive agencies in implementing telework. Under the Senate bill, the CG would be
required to annually submit a report to Congress on telework at GAO, and the Chief Human
Capital Officers (CHCOs) would annually report to the CHCO Council chair and vice-chair on
telework implementation by their agencies. Test programs for telework travel expenses would be
authorized by S. 707.
Table 1, below, compares the provisions of S. 707, as ordered to be reported, and H.R. 1722, as
reported favorably, as amended, to the full committee.

Congressional Research Service
2

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

Table 1. Legislation on Telework: Provisions in S. 707 and H.R. 1722 Compared
H.R. 1722, Telework Improvements Act of 2010, as
S. 707, Telework Enhancement Act of 2009, as
reported favorably, as amended, to the full
Legislative Provision
ordered to be reported
committee
Definition of Telework
A work arrangement in which an employee performs
A work flexibility arrangement under which an employee
official y assigned duties at home or other worksites
performs the duties and responsibilities of his or her
geographical y convenient to the residence of the
position, and other authorized activities, from an approved
employee.
worksite other than the location from which the employee
would work if not for the arrangement.
Telework would occur at least 20% of the hours worked in
every two administrative workweeks (disregarding any
workweeks for which an employee did not submit a request
or for which they were otherwise ineligible to telework).
Executive Branch
Within 180 days after the act’s enactment, the head of
Not later than one year after the enactment of the new
Telework Policies
each executive agency would establish a telework policy,
Chapter 65 of Title 5 United States Code, the head of each
determine the eligibility of employees to participate in
executive agency would establish a policy under which
telework, and notify all employees of their eligibility.
employees would be authorized to telework.
Each agency’s policy would conform to Office of Personnel
Management (OPM) regulations to be prescribed not later
than 180 days after the enactment of the new Chapter 65 of
Title 5 United States Code, in consultation with the General
Services Administration (GSA).
Provisions on Employee
The telework policy would ensure that telework does
The telework policy would ensure that employees are
Participation in Telework
not diminish employee performance or agency
authorized to telework to the maximum extent possible
operations.
and without diminishing agency operations and
performance. The policy also would ensure that information
on the eligibility of employees to telework is included in
descriptions of available positions and other recruiting
materials.

An agency manager and an employee authorized to

telework would enter into a written agreement that
outlines the specific work arrangement that is agreed to.
The agreement is mandatory for any employee to
participate in telework.
If the employee’s performance does not comply with the
written agreement, he or she may not be authorized to
telework.
CRS-3

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

H.R. 1722, Telework Improvements Act of 2010, as
S. 707, Telework Enhancement Act of 2009, as
reported favorably, as amended, to the full
Legislative Provision
ordered to be reported
committee

An employee whose official duties require on a daily basis
Nothing in the provision that requires executive agencies to
(every work day) direct handling of secure materials or
establish telework policies would be considered to require
on-site activity that cannot be handled remotely or at an
an agency head to authorize telework for an employee
alternate worksite would not be eligible to telework,
whose duties and responsibilities require daily direct
except in emergency situations, as determined by the
handling of classified information, are such that their
agency head.
performance requires on-site activity which cannot be
carried out from a site removed from the employee’s
regular place of employment, or 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.
Nothing in the new Chapter 65 of Title 5 United States
Code would be considered to require any employee to
telework.

An agency’s telework policy would be incorporated as
An agency could permit an employee to telework as part of
part of its continuity of operations (COOP) plans for
a COOP plan.
emergency situations.
Training and Monitoring
The head of each executive branch agency would ensure
The head of each executive agency would ensure that
that employees eligible to telework and managers of
appropriate training is provided to supervisors and
employees who telework receive an interactive training
managers and to all employees who are authorized to
program on telework.
telework, both prior to and following the start of any
telework arrangement, as directed by the agency’s TMO.
The agency head also would ensure that an employee has
successfully completed the interactive training program
before the employee enters into a written telework
agreement. The agency head could exempt an employee
from the training requirement upon a determination that
the training would be unnecessary because the employee
is already teleworking under an arrangement in effect
before the act’s enactment.

No distinction would be made between those employees
No distinction would be made between those employees
who telework and those who do not for purposes of
who telework and those who do not for purposes of
periodic appraisals of employee performance; training,
periodic appraisals of employee performance; training,
rewarding, reassigning, promoting, reducing in grade,
rewarding, reassigning, promoting, reducing in grade,
retaining, and removing employees; work requirements;
retaining, or removing employees; work requirements; or
or other acts involving the discretion of managers.
other acts involving the discretion of managers.
OPM guidelines on performance management would be
OPM guidelines on performance management would be
consulted by the agency when making determinations on
consulted by the agency when making determinations on
CRS-4

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

H.R. 1722, Telework Improvements Act of 2010, as
S. 707, Telework Enhancement Act of 2009, as
reported favorably, as amended, to the full
Legislative Provision
ordered to be reported
committee
diminished employee performance.
diminished employee performance.
Roles of OPM, GSA,
Each executive branch agency would consult with OPM in
OPM would provide advice, assistance, and any necessary
OMB, FEMA, and NIST
developing telework policies.
training, to executive agencies on questions of eligibility,
including considerations relating to employee performance
OPM would provide policies and guidance on pay and
and making telework part of the agency’s (including
leave, agency closure, performance management, official
individual supervisor’s and manager’s) goals. The
worksite, recruitment and retention, and
Administrator of GSA, in coordination with the Office of
accommodations for employees with disabilities during
Management and Budget (OMB) and the National Institute
telework.
of Standards and Technology (NIST), would prescribe
OPM would assist agencies in establishing appropriate
regulations, within 180 days after the enactment of the new
qualitative and quantitative measures and telework goals.
Chapter 65 of Title 5 United States Code, to ensure the
adequacy of information and security protections for
OPM would consult with the Federal Emergency
information and information systems used in, or otherwise
Management Agency (FEMA) on policies and guidance for
affected by, telework. The regulations would be consistent
telework during COOP and long-term emergencies.
with information security policies and guidance issued by
OPM would consult with the GSA on policies and
the Director of OMB and the Director of NIST and would,
guidance on telework centers, travel, technology,
at a minimum, include requirements necessary to (1)
equipment, and dependent care during telework.
control access to agency information and information
systems, (2) protect agency information (including
personally identifiable information) and information systems,
(3) limit the introduction of vulnerabilities, (4) protect
information systems not under the control of the agency
that are used for telework, and (5) safeguard the use of
wireless and other telecommunications capabilities used for
telework purposes.

OPM would maintain a central website on telework that
OPM, in consultation with GSA, would maintain a central
would include links to information on telework,
website on telework that would be publicly available.
announcements, OPM guidance, and FEMA and GSA
Regulations on telework and other information that OPM
guidance transmitted to OPM to be posted no later than
considers appropriate would be included on the website.
10 business days fol owing submission.
Posted on the website would be an e-mail address that
could be used to submit comments to OPM on agency
telework programs or agreements and a copy of OPM’s
most recent annual report evaluating telework in the
executive agencies. OPM also would provide a summary of
any reports of abuse that it received for inclusion in the
annual report submitted by the OPM Director.
Continuity of Operations
Each executive agency would incorporate telework into
“COOP” refers to measures designed to ensure that
Plans
its COOP plans.
functions essential to the mission of the agency can
continue to be performed during a wide range of
CRS-5

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

H.R. 1722, Telework Improvements Act of 2010, as
S. 707, Telework Enhancement Act of 2009, as
reported favorably, as amended, to the full
Legislative Provision
ordered to be reported
committee
When an agency is operating under a COOP plan, that
emergencies, including localized acts of nature, accidents,
plan would supersede the telework policy.
public health emergencies, and technological or attack-
related emergencies.
The head of each executive agency would ensure that the
agency has a continuity of operations plan that uses
telework, flexibility in scheduling and work arrangements,
available technologies, or private and public sector
partnerships to permit the agency to manage personnel and
continue functions during emergencies and enhance the
ability of personnel to telework during emergencies.
In developing and supporting the COOP plan, the agency
head could consult with the FEMA Director and the GSA
Administrator on infrastructure needs, including
information technology infrastructure, and with the OPM
Director on scheduling and work arrangements and other
personnel matters.
Within six months after enactment of these provisions, the
Director of FEMA’s National Continuity Program and the
Chief Human Capital Officers Council would jointly develop
a strategy for the effective implementation of agency COOP
plans which sets targets for each agency, including a
proposed schedule for carrying out COOP exercises to test
the effectiveness of such plans which could provide for the
first such exercises to be held not later than 18 months
after the enactment of these provisions.
With regard to this provision, “agency” would mean an
agency named in 31 U.S.C. §901(b)(1)(2).
The OPM Director, in coordination with the GSA
Administrator, the FEMA Director, and the CHCO Council,
would report to the Senate Committee on Homeland
Security and Governmental Affairs and the House
Committee on Oversight and Government Reform on the
incorporation of telework into agencies’ COOP planning.
The report would be submitted not later than 12 months
after the OPM regulations on telework become effective
and include information evaluating (1) the extent to which
incorporation has occurred within the agencies, (2) the
CRS-6

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

H.R. 1722, Telework Improvements Act of 2010, as
S. 707, Telework Enhancement Act of 2009, as
reported favorably, as amended, to the full
Legislative Provision
ordered to be reported
committee
progress the agency has made in meeting the
implementation targets for COOP plans, including the plan’s
effectiveness and timetable in promoting the agency’s ability
to sustain mission essential functions, and (3) the extent to
which agencies have used telework in responding to
emergencies. The report also would include any
recommendations of the GSA Administrator.
Telework Managing
An employee of the agency would be designated by the
The CHCO of an agency or the agency head (if the agency
Officer (TMO)
executive agency head as the TMO. The position would
does not have a CHCO) would designate a TMO.
be established within the office of the CHCO or a
comparable office with similar functions.
The TMO would be a senior official who has direct access
to the agency head.
An individual could not hold the TMO position as a
noncareer appointee (as defined at 5 U.S.C. §3132(a)(7)),
and the position could not be considered or determined to
be of a confidential, policy-determining, policy-making, or
policy-advocating character.

Section 627 of P.L. 108-199 (118 Stat. 99) and Section
Section 622 of P.L. 108-447 would be amended by striking
622 of P.L. 108-447 (118 Stat. 2919) would be amended
“designate a Telework Coordinator” and inserting
by replacing “Telework Coordinator” with TMO.
“designate a Telework Managing Officer or designate the
Chief Human Capital Officer or other career employee to
be.... ”

The TMO would develop policy for and implement the
The TMO would serve as an advisor to the agency head and
agency’s telework programs; serve as an advisor to the
the CHCO on telework; a resource on telework for agency
agency’s leadership (including the CHCO), a resource for
supervisors, managers, and employees; the primary point of
managers and employees, and the liaison between the
contact for any agency employee who elects to telework, in
agency and OPM on telework matters; and perform
the event of a dispute related to telework between the
other duties as assigned.
employee and a supervisor or manager; and the liaison on
telework matters for agency employees, Congress, and
other agencies. The TMO would work with the agency’s
senior management 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 including cost-effectiveness,
equipment, training, and data col ection. The TMO also
would (1) ensure that the agency’s telework policy is
communicated to employees; (2) ensure that each
employee is notified, electronically or in writing, of specific
CRS-7

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

H.R. 1722, Telework Improvements Act of 2010, as
S. 707, Telework Enhancement Act of 2009, as
reported favorably, as amended, to the full
Legislative Provision
ordered to be reported
committee
telework programs and the agency’s telework policy,
including authorization criteria and application procedures;
(3) develop and administer a system to track compliance
with requirements for government-wide telework
reporting; (4) provide to the OPM Director and the CG
such information as they may require to prepare the
required annual reports; (5) establish a system for receiving
feedback from employees on the agency’s telework policy;
(6) develop and implement a program to identify and
remove barriers to telework and maximize opportunities to
telework; (7) track and retain information on all denials of
permission to telework for employees who are authorized
to telework, and annual y report such information to the
agency’s CHCO (or, if the agency does not have a CHCO,
to the agency head), and the OPM Director, for purposes of
preparing the annual report; (8) ensure that employees are
notified of any grievance procedures available to address
disputes on telework; and (9) perform such other duties
and responsibilities relating to telework as the agency head
may require.
OPM Report to
The OPM Director, in consultation with the CHCO
The OPM Director would submit an annual report to the
Congress
Council, would submit a report on executive agency
CG and the Senate Committee on Homeland Security and
telework programs to the Senate Committee on
Governmental Affairs and the House Committee on
Homeland Security and Governmental Affairs and the
Oversight and Government Reform that would evaluate the
House Committee on Oversight and Government
extent to which each agency is in compliance with the new
Reform and provide a copy of the report to the CG and
5 U.S.C. Chapter 65.
OMB.
The report also would evaluate the degree of participation
The report would include the degree to which employees
by agency employees in telework. For executive
of each executive agency participate in telework, and the
departments, the evaluation would include information on
degree of participation in each bureau, division, or other
the degree of participation by employees of each agency
major administrative unit of a Cabinet Agency, and
within the department, including the total number of
provide data on (1) the total number of employees in the
employees overall, and the number and percentage of
agency; (2) the number and percent of employees in the
employees, (1) eligible to telework; (2) who do telework,
agency who are eligible to telework, and (3) the number
broken down by the number and percentage who telework
and percent of eligible employees in the agency who are
three or more days per week, one or two days per week,
teleworking three or more days per pay period, one or
and less frequently than one day per week; (3) the method
two days per pay period, once a month, and on an
used by the agency to gather telework data; (4) if the total
occasional, episodic, or short-term basis.
number of employees who telework is at least 10% higher
or lower than the number who teleworked during the
It also would include information on the method used to
CRS-8

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

H.R. 1722, Telework Improvements Act of 2010, as
S. 707, Telework Enhancement Act of 2009, as
reported favorably, as amended, to the full
Legislative Provision
ordered to be reported
committee
gather telework data in each agency; the reasons for
previous reporting period, the reasons therefor; (5) the
variation if the total number of employees teleworking is
agency’s goal to increase the number of employees who
10% higher or lower than the previous year in any
telework in the next reporting period; (6) the extent to
agency, and the agency’s goal for increasing participation
which the agency met that goal for increasing participation,
to the extent practicable or necessary for the next
and, if the goal was not met, actions the agency plans to
reporting period.
take to meet the goal during the next reporting period; and
(7) best practices in agency telework programs.
Final y, the report would include an explanation of
whether or not the agency met the goals for the last
The Director would submit a report for the year in which
reporting period and, if not, what actions are being taken
the OPM regulations on telework become effective and for
to identify and eliminate barriers to maximizing telework
each of the four succeeding years. Each report would be
opportunities for the next reporting period; an
submitted within six months after the last day of the period
assessment of the progress each agency has made in
covered by the report.
meeting agency participation rate goals during the
reporting period, and other agency goals relating to

telework, such as the impact of telework on emergency
readiness, energy use, recruitment and retention,
performance, productivity, and employee attitudes and
opinions regarding telework; and best practices in agency
telework programs.
The report would be submitted no later than 18 months
after the act’s enactment and annual y thereafter.
In this section, the term executive agency would not
include the Government Accountability Office (GAO).
Telework at the GAO
The CG would submit a report on the telework program
No similar provision
at the GAO to the Senate Committee on Homeland
Security and Governmental Affairs and the House
Committee on Oversight and Government Reform. The
report would include the same information, applicable to
the GAO, as the OPM report to Congress discussed
immediately above. It would be submitted no later than
18 months after the act’s enactment and annual y
thereafter.
Role of the Comptroller
The CG would review the OPM report submitted to
The CG would review the OPM report and then submit to
General
Congress and then submit a report to Congress on the
the Senate Committee on Homeland Security and
progress each executive agency has made toward its
Governmental Affairs and the House Committee on
established goals on telework. The CG’s report would be
Oversight and Government Reform an evaluation of the
submitted no later than six months after OPM submits its
OPM report. The CG’s report would be submitted not
CRS-9

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

H.R. 1722, Telework Improvements Act of 2010, as
S. 707, Telework Enhancement Act of 2009, as
reported favorably, as amended, to the full
Legislative Provision
ordered to be reported
committee
first report to Congress.
later than 90 days after the OPM Director submits a report
to Congress.

The CG’s evaluation would include the extent to which (1)
the CG can certify the findings contained in the report, and
(2) each agency covered by the report is in compliance with
the requirements of the new 5 U.S.C. Chapter 65, and
progress the agency has made towards achieving
compliance.

Compliance Standard

For purposes of both the OPM Director’s and the CG’s
annual reports, an agency would be determined to be in
compliance with the 5 U.S.C. Chapter 65 requirements if
the Director or the CG, as the case may be, finds that the
agency (1) reported the requested data accurately and in a
timely manner; (2) either met or exceeded the agency’s
established telework goals or provided explanations as to
why the goals were not met and the steps being taken by
the agency to meet them; and (3) made a good faith effort
to fully implement the agency’s telework policy and to make
telework available as broadly as possible without an adverse
impact on the agency’s operation and performance.
Reports by Chief Human
The CHCO of each executive agency, in consultation
No similar provision
Capital Officers
with the agency’s TMO, would submit an annual report
to the Chair and Vice Chair of the CHCO Council on
the agency’s management efforts to promote telework.
The Council Chair and Vice Chair would review the
reports, include relevant information therein in the
annual report to Congress prepared by OPM (in
consultation with the CHCO Council ), and use relevant
information therein for other purposes related to
managing human capital.
Test Programs on
5 U.S.C. Chapter 57 on travel, transportation, and
No similar provision
Telework Travel
subsistence, would be amended by adding a new section
Expenses
5711 on “Authority for telework travel expenses test
programs.” Nothing in the section would limit the
authority of any agency to conduct test programs.
This section would authorize test programs. The GSA
CRS-10

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

H.R. 1722, Telework Improvements Act of 2010, as
S. 707, Telework Enhancement Act of 2009, as
reported favorably, as amended, to the full
Legislative Provision
ordered to be reported
committee
Administrator would have to determine that such
programs are in the interest of the government and
approve them. Under such a program, an agency could
pay, through the proper disbursing official, any necessary
travel expenses for employees participating in a telework
program in lieu of any payment otherwise authorized or
required under 5 U.S.C. Chapter 57. Accompanying an
agency’s request to the GSA Administrator for a test
program would be an analysis of the expected costs and
benefits and evaluation criteria of the program. Any such
program would be designed to enhance cost savings or
other efficiencies that accrue to the government.
If an employee voluntarily relocates from his or her pre-
existing duty station, the GSA Administrator could
authorize the agency to establish a reasonable maximum
number of occasional visits to that pre-existing duty
station before the employee is eligible to receive
payment for any accrued travel expenses.
At least 30 days before a test program becomes effective,
the GSA Administrator would submit a copy of any
approved program and the rationale for the approval to
the appropriate committees of Congress.
No later than three months after the completion of a test
program, an agency authorized to conduct a program
would provide a report to the GSA Administrator, the
agency’s TMO, and the appropriate committees of
Congress on its results. Such results could include the
number of visits an employee makes to his or her pre-
existing duty station, travel expenses paid by the agency
and by the employee, or any other information the
agency determines to be useful in helping the GSA
Administrator, the agency’s TMO, and Congress to
understand the test program and its impact.
Up to 10 test programs may be conducted
simultaneously.
This authority would expire seven years after the act’s
enactment.
CRS-11

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

H.R. 1722, Telework Improvements Act of 2010, as
S. 707, Telework Enhancement Act of 2009, as
reported favorably, as amended, to the full
Legislative Provision
ordered to be reported
committee
5 U.S.C. §5710 on travel expenses test programs would
be amended at subsection (a)(1) by striking the limitation
of up to 24 months in the authorization for such test
programs. The section also would be amended at
subsection (e) and by adding a subsection (f) to authorize
the Patent and Trademark Office (PTO) to conduct a
test program on travel expenses.
The PTO would conduct a test program and could pay
any travel expenses of an employee for travel to and
from a PTO worksite if (1) the employee is employed at
a PTO worksite and enters into an approved telework
arrangement; (2) the employee requests to telework
from a location beyond the local commuting area of the
PTO worksite; and (3) the PTO approves the requested
arrangement for reasons of employee convenience
instead of the agency’s need for the employee to relocate
in order to perform duties specific to the new location.
The PTO would establish an oversight committee
comprised of members representing management and
labor in equal numbers, including representatives from
each collective bargaining unit. The committee would
develop the operating procedures for the program to
provide for its effective and appropriate functioning and
to ensure that (1) reasonable technological or other
alternatives to employee travel, including
teleconferencing, videoconferencing or internet-based
technologies, are used before requiring travel; the
program is applied consistently and equitably throughout
the PTO; and an optimal operating standard is developed
and implemented to maximize the use of the telework
arrangement while minimizing agency travel expenses and
employee travel requirements.
The test program would be designed to enhance cost
savings or other efficiencies that accrue to the
government. The Director of the PTO would prepare an
analysis of the expected costs and benefits and criteria to
evaluate the program’s effectiveness. Before the program
is implemented, the director would submit the analysis
CRS-12

Telework Legislation in the 111th Congress: A Side-by-Side Comparison

H.R. 1722, Telework Improvements Act of 2010, as
S. 707, Telework Enhancement Act of 2009, as
reported favorably, as amended, to the full
Legislative Provision
ordered to be reported
committee
and criteria to the Administrator of GSA and to the
Senate Committees on Homeland Security and
Governmental Affairs and the Judiciary and the House
Committees on Oversight and Government Reform and
the Judiciary.
For a PTO employee who voluntarily relocates from his
or her pre-existing duty station, the program’s operating
procedures could include a reasonable maximum number
of occasional visits to the pre-existing duty station before
he or she is eligible for payment of any accrued travel
expenses by the PTO.
Within three months after the test program is
completed, the PTO Director would report on the
program’s results to the GSA Administrator and to the
Senate and House Committees stated above. Such results
could include (1) the number of visits an employee makes
to his or her pre-existing duty station, (2) travel expenses
paid by the PTO, (3) travel expenses paid by the
employee, or (4) any other information determined by
the director to be useful in assisting the GSA
Administrator and Congress to understand the program
and its impact.
These amendments would become effective as though
enacted as part of P.L. 105-264, the Travel and
Transportation Reform Act of 1998, enacted on October
19, 1998. The authority for the PTO to conduct a test
program would expire 20 years after the enactment date
of P.L. 105-264. The authority to conduct test programs
under 5 U.S.C. §5710 would expire seven years after the
enactment date of P.L. 105-264.
Source: The texts of S. 707 from the Legislative Information System of the U.S. Congress and staff of the Senate Subcommittee on Oversight of Government Management,
the Federal Workforce, and the District of Columbia, and H.R. 1722 from the Legislative Information System of the U.S. Congress and staff of the House Subcommittee on
Federal Workforce, Postal Service, and the District of Columbia.
Note: “Agency” means an executive agency as defined in 5 U.S.C. §105—an executive department, government corporation, or independent establishment; except as
defined for reporting purposes in S. 707 for which it would not include the Government Accountability Office; and except for continuity of operations purposes in H.R.
1722.
CRS-13

Telework Legislation in the 111th Congress: A Side-by-Side Comparison


Author Contact Information

Barbara L. Schwemle

Analyst in American National Government
bschwemle@crs.loc.gov, 7-8655


Congressional Research Service
14