Telework for Executive Agency Employees: A
Side-by-Side Comparison of Legislation
Pending in the 111th Congress
Barbara L. Schwemle
Analyst in American National Government
May 4, 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 augment telework in executive agencies of the federal government 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 committee reported the bill (S.Rept. 111-177) on
May 3, 2010. 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. On April 14,
2010, the House Committee on Oversight and Government Reform marked up the bill and
ordered it to be reported, as amended, to the House of Representatives. H.R. 1722 is scheduled to
be considered by the House under suspension of the rules on May 5, 2010. 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
otherwise work. Both bills would require the heads of executive agencies to establish policies
under which employees (with some exceptions) could be eligible to participate in telework.
Employee participation in telework must not diminish either employee performance or agency
operations (Senate bill) or agency operations and performance (House bill). Executive agency
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 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 Continuity of
Operations (COOP) plans, require the Director of the Office of Personnel Management (OPM) to
submit annual reports on telework to Congress, and require 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 bills also would require the CG to annually submit a
report to Congress on telework at the Government Accountability Office (GAO). The Senate bill
would require 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 and H.R. 1722
would authorize test programs for telework travel expenses.
This report presents a side-by-side comparison of the provisions of S. 707, as reported, and H.R.
1722, as ordered to be reported. 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........................ 4

Contacts
Author Contact Information ...................................................................................................... 15

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 the development of
telework in executive agencies of 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 The Senate
Committee on Homeland Security and Governmental Affairs reported S. 707 (S.Rept. 111-177)
on May 3, 2010.
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 Subcommittee Chairman Representative Lynch, and an amendment,
offered by Representative Connolly, related to continuity of operations and telework, and then
reported the bill to the House Committee on Oversight and Government Reform, favorably, as

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

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. The full committee marked up the bill on April 14,
2010, and, by voice vote, agreed to a manager’s amendment, offered by Committee Chairman
Representative Edolphus Towns, and amendments offered by Representatives Jason Chaffetz,
related to telework managing officers, and Gerald Connolly, related to OPM research on
telework. The committee then ordered H.R. 1722 to be reported, as amended, to the House of
Representatives. An estimate prepared by the CBO determined that administrative costs in the
federal agencies would increase by $2 million in 2010, and by $30 million over the 2010-2015
period as H.R. 1722 is implemented.5 The bill is scheduled to be considered by the House under
suspension of the rules on May 5, 2010.
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 otherwise work (House bill).
Both bills would require the heads of executive 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 agencies, 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 agency. Each agency also would be required to provide training to
managers, supervisors, and employees participating in telework.
Telework would be incorporated into Continuity of Operations (COOP) plans under the
legislation. The Senate bill provides that each executive agency would incorporate telework into
its COOP plan and, when operating under COOP, that plan would supersede any telework policy.
Under the House bill the agency head, for agencies named in 31 U.S.C. §901(b)(1)(2), would be
required to ensure that telework is incorporated into its COOP plans and uses telework in
response to emergencies.
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. Both bills would require the CG to annually submit

5 U.S. Congressional Budget Office, Cost Estimate, H.R. 1722, Telework Improvements Act of 2010, April 29, 2010.
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Telework Legislation in the 111th Congress: A Side-by-Side Comparison

a report to Congress on telework at the Government Accountability Office (GAO). Under S. 707,
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 both S. 707 and H.R. 1722.
Such programs would be authorized for seven years and no more than 10 programs could be
conducted simultaneously under the Senate bill while the House bill would authorize such
programs for six years and provide that no more than 12 programs could be conducted
simultaneously.
Table 1, below, compares the provisions of S. 707, as reported and H.R. 1722, as ordered to be
reported.

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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
S. 707, Telework Enhancement Act of 2009, as
H.R. 1722, Telework Improvements Act of 2010, as
Legislative Provision
reported
ordered to be reported
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 otherwise work.
Executive Agency
Within 180 days after the act’s enactment, the head of
Not later than one year after the enactment of Chapter 65
Telework Policies
each executive agency would establish a telework policy,
of Title 5 United States Code, the head of each executive
determine the eligibility of employees to participate in
agency would establish a policy under which employees
telework, and notify all employees of their eligibility.
would be authorized to telework.
“Agency” means an executive agency as defined in 5
“Agency” means an executive agency as defined in 5 U.S.C.
U.S.C. §105—an executive department, government
§105—an executive department, government corporation,
corporation, or independent establishment—except as
or independent establishment—except as otherwise stated
otherwise stated below.
below.
Each agency head would ensure that the telework policy
established conforms to Office of Personnel Management
(OPM) regulations. Those regulations would be prescribed
by the OPM Director not later than 180 days after the
enactment of the new Chapter 65 of Title 5 United States
Code, in consultation with the Administrator of the GSA.
The regulations would not be applicable to the GAO.
Provisions on Employee
The telework policy would ensure that telework does
The telework policy would authorize employees to
Participation in Telework
not diminish employee performance or agency
telework to the maximum extent possible without
operations.
diminishing agency operations and performance.
The policy also would include information on the eligibility
of employees to telework 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.
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Telework Legislation in the 111th Congress: A Side-by-Side Comparison

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

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, or 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 Chapter 65 of Title 5 United States Code would
be considered to require any employee to telework.
Training and Monitoring
The head of each executive agency would ensure that
Each agency head would ensure that appropriate training is
employees eligible to telework and managers of
provided to supervisors and managers and to all employees
employees who telework receive an interactive training
who are authorized to telework as directed by the agency’s
program on telework.
Telework Managing Officer (TMO). The training would
cover the information security guidelines issued by the
The agency head also would ensure that an employee has
Office of Management and Budget Director.
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 his or her
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
diminished employee performance.
diminished employee performance.
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Telework Legislation in the 111th Congress: A Side-by-Side Comparison

S. 707, Telework Enhancement Act of 2009, as
H.R. 1722, Telework Improvements Act of 2010, as
Legislative Provision
reported
ordered to be reported
Technology
No similar provision
Within 120 days after the act’s enactment, the OMB
Director would issue policy guidance requiring executive
agencies, when purchasing computer systems, to purchase
computer systems that enable and support telework, unless
the agency head determines that there is a mission-specific
reason not to do so.
Roles of OPM, GSA,
Each executive agency would consult with OPM in
The OPM Director would provide advice, assistance, and
OMB, FEMA, and NIST
developing telework policies.
any necessary training, to agencies with respect to the
requirements of 5 U.S.C. Chapter 65, including on questions
OPM would provide policies and guidance on pay and
of eligibility to telework, such as considerations relating to
leave, agency closure, performance management, official
employee performance, and making telework part of the
worksite, recruitment and retention, and
agency’s (including individual supervisor’s and manager’s)
accommodations for employees with disabilities during
goals.
telework.
The OMB Director, in coordination with the National
OPM would assist agencies in establishing appropriate
Institute of Standards and Technology (NIST), would issue
qualitative and quantitative measures and telework goals.
guidelines, within 180 days after the enactment of Chapter
OPM would consult with the Federal Emergency
65 of Title 5 United States Code, to ensure the adequacy of
Management Agency (FEMA) on policies and guidance for
information and security protections for information and
telework during COOP and long-term emergencies.
information systems used in, or otherwise affected by,
telework. The guidelines would, at a minimum, include
OPM would consult with the GSA on policies and
requirements necessary to (1) control access to agency
guidance on telework centers, travel, technology,
information and information systems, (2) protect agency
equipment, and dependent care during telework.
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.

OPM would maintain a central website on telework that
The OPM Director, in consultation with the GSA
would include links to information on telework,
Administrator, would maintain a central website on
announcements, OPM guidance, and FEMA and GSA
telework that would be publicly available. Regulations on
guidance transmitted to OPM to be posted no later than
telework and other information that the OPM Director
10 business days fol owing submission.
considers appropriate would be included on the website.
Posted on the website would be an e-mail address that
could be used to submit comments to the OPM Director
on agency telework programs or agreements and a copy of
OPM’s annual reports evaluating telework in the agencies.
Research
No similar provision
The OPM Director would conduct studies on the use of
telework by public and private sector entities that identify
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Telework Legislation in the 111th Congress: A Side-by-Side Comparison

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

The TMO would develop policy for and implement the
The TMO would provide advice to the agency head and the
agency’s telework programs; serve as an advisor to the
CHCO on telework; serve as a resource on telework for
agency’s leadership (including the CHCO), a resource for
agency supervisors, managers, and employees; serve as the
managers and employees, and the liaison between the
primary point of contact on telework matters for agency
agency and OPM on telework matters; and perform
employees and, with respect to the agency, for Congress
other duties as assigned by the applicable delegating
and other agencies. The TMO would work with the
authority.
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
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, including the techniques used to
verify and validate data on telework [except that this
provision would not apply to the GAO]; (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 annually
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 [GAO would not report to the OPM Director]; (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.
Nothing in the section on the TMO would be construed to
prohibit an individual who holds another office or position
in the agency from serving as the agency’s TMO.
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Telework Legislation in the 111th Congress: A Side-by-Side Comparison

S. 707, Telework Enhancement Act of 2009, as
H.R. 1722, Telework Improvements Act of 2010, as
Legislative Provision
reported
ordered to be reported
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 5 U.S.C.
Reform and transmit a copy of the report to the CG and
Chapter 65.
OMB.

The report would include the degree to which employees
of each executive agency participate in telework, and the
The report also would evaluate the degree of participation
degree of participation in each bureau, division, or other
by agency employees in telework. For executive
major administrative unit of a Cabinet Agency, and
departments, the evaluation would include information on
provide data on (1) the total number of employees in the
the degree of participation by employees of each
agency; (2) the number and percent of employees in the
component within the department, including the total
agency who are eligible to telework; and (3) the number
number of employees overall, and the number and
and percent of eligible employees in the agency who are
percentage of employees, (1) who are eligible to telework;
teleworking three or more days per pay period, one or
and (2) who do telework, broken down by the number and
two days per pay period, once a month, and on an
percentage who telework three or more days per week,
occasional, episodic, or short-term basis.
one or two days per week, and less frequently than one day
per week.
It also would include information on the method used to
gather telework data in each agency; the reasons for
Additional y, the report would evaluate the method used
variation if the total number of employees teleworking is
by the agency to gather telework data and the techniques
10% higher or lower than the previous year in any
used to verify and validate such data; whether the total
agency; and the agency’s goal for increasing participation
number of employees who telework is at least 10% higher
to the extent practicable or necessary for the next
or lower than the number who teleworked during the
reporting period, as indicated by the percent of eligible
previous reporting period and the reasons identified for any
employees who are teleworking in each category of
such change; the agency’s goal to increase the number of
frequency stated above.
employees who telework in the next reporting period.
The report would include an explanation of whether or
The report also would evaluate the extent to which the
not the agency met the goals for the last reporting period
agency met the goal described for its previous report, and,
and, if not, what actions are being taken to identify and
if the goal was not met, actions the agency plans to take to
eliminate barriers to maximizing telework opportunities
meet the goal during the next reporting period; best
for the next reporting period; an assessment of the
practices in agency telework programs; and, for agencies
progress each agency has made in meeting agency goals
named in 31 U.S.C. §901(b)(1)(2), the extent to which the
for participation rates during the reporting period, and
agency incorporated telework in its COOP plans and used
other agency goals relating to telework, such as the
telework in response to emergencies.
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.

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

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

For purposes of the annual report, the OPM Director
would determine that an agency is in compliance with the 5

U.S.C. Chapter 65 requirements if the Director finds that

the agency (1) reported the requested data accurately and
in a timely manner and (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.

The Director would submit a report for the first year in
The report would be submitted no later than 18 months
which the OPM regulations on telework are effective and
after the act’s enactment and annual y thereafter.
for each of the four succeeding years. Each report would be

submitted within six months after the last day of the period
to which the report relates.

The OPM Director would not submit a report with respect
In this section, the term executive agency would not
to the GAO.
include the GAO.
Telework at the GAO
The CG would submit a report on the telework program
The CG would submit a report on the telework program at
at the GAO to the Senate Committee on Homeland
the GAO to the Senate Committee on Homeland Security
Security and Governmental Affairs and the House
and Governmental Affairs and the House Committee on
Committee on Oversight and Government Reform. The
Oversight and Government Reform. The report would be
report would include the same information, applicable to
submitted in the same manner and in accordance with the
the GAO, as the OPM report to Congress discussed
same requirements applicable to the OPM Director’s report
immediately above. It would be submitted no later than
with respect to any other agency discussed immediately
18 months after the act’s enactment and annual y
above.
thereafter.
Comptroller General
The CG would review the OPM report submitted to
The CG would review the OPM report and then submit to
Report to Congress
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 a report evaluating the
submitted no later than six months after OPM submits its
OPM report. The CG’s report would be submitted not
first report to Congress.
later than six months after the OPM Director submits a
report to Congress.

The CG’s report would evaluate the compliance of OPM
and agencies with the 5 U.S.C. Chapter 65 provisions,
address the overall progress of agencies in carrying out the
provisions, and include such other information and
recommendations that the CG considers appropriate.
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Telework Legislation in the 111th Congress: A Side-by-Side Comparison

S. 707, Telework Enhancement Act of 2009, as
H.R. 1722, Telework Improvements Act of 2010, as
Legislative Provision
reported
ordered to be reported
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
5 U.S.C. §5710 would be amended. Notwithstanding 5
Telework Travel
subsistence, would be amended by adding a new section
U.S.C. Chapter 57, Subchapter I, if the GSA Administrator
Expenses
5711 on “Authority for telework travel expenses test
determines it to be in the government’s interest, he or she
programs.” Nothing in this section would limit the
could approve an agency’s request to operate a travel
authority of any agency to conduct test programs.
expenses test program. Under such a program the agency
Notwithstanding any other provision of 5 U.S.C. Chapter
could pay through the proper disbursing official any
57, Subchapter I, under a test program which the GSA
necessary travel expenses of the employee in lieu of any
Administrator determines to be in the interest of the
payment otherwise authorized or required under 5 U.S.C.
government and approves, an agency could pay, through
Chapter 57, Subchapter I. Under an approved test program,
the proper disbursing official, any necessary travel
an agency could provide an employee with the option to
expenses for employees participating in a telework
waive any payment authorized or required under the
program in lieu of any payment otherwise authorized or
subchapter. Included in an agency’s request to the
required under 5 U.S.C. Chapter 57, Subchapter I.
Administrator for approval of a test program would be an
Accompanying an agency’s request to the GSA
analysis of the expected costs and benefits and criteria to
Administrator for a test program would be an analysis of
evaluate the program’s effectiveness. Any test program
the expected costs and benefits of and evaluation criteria
would be designed to enhance cost savings or other
for the program. Any such program would be designed to
efficiencies that accrue to the government.
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.
The Administrator would transmit a description of any test
At least 30 days before a test program becomes effective,
program approved or extended by him or her to the Senate
the GSA Administrator would submit a copy of any
Committee on Homeland Security and Governmental
approved program and the rationale for the approval to
Affairs and the House Committee on Oversight and
the appropriate committees of Congress.
Government Reform no later than 30 days before the
CRS-11

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

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

program or extension becomes effective.
No later than three months after the completion of a test
An agency operating a test program would submit an
program, an agency authorized to conduct a program
annual report to the Administrator on the results of the
would provide a report to the GSA Administrator, the
program. A final report would be submitted to the
agency’s TMO, and the appropriate committees of
Administrator and the Senate and House Committees no
Congress on its results. Such results could include the
later than three months after the test program concludes.
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 could be conducted
The Administrator could approve such number of test
simultaneously.
programs as he or she considers appropriate, including
programs which are carried out on a government-wide

basis. Up to 12 programs could be conducted

simultaneously.

The Administrator could not approve any test program for
an initial period of more than two years. A program could

be extended by the Administrator for an additional period

of up to two years upon a showing of enhanced cost
savings.

This authority would expire six years after the act’s
This authority would expire seven years after the act’s
enactment.
enactment.
No similar provision on the PTO.
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
CRS-12

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

S. 707, Telework Enhancement Act of 2009, as
H.R. 1722, Telework Improvements Act of 2010, as
Legislative Provision
reported
ordered to be reported
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
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
CRS-13

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

S. 707, Telework Enhancement Act of 2009, as
H.R. 1722, Telework Improvements Act of 2010, as
Legislative Provision
reported
ordered to be reported
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.
Sources: 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 and the House Committee on Oversight and Government Reform.
Notes: S. 707 provides that “employee” would have the meaning stated at 5 U.S.C. §2105—For the purpose of Title 5,”employee," except as otherwise provided by 5
U.S.C. §2105 or when specifical y modified, means an officer and an individual who is (1) appointed in the civil service by one of the following acting in an official capacity:
the President; a Member or Members of Congress, or the Congress; a member of a uniformed service; an individual who is an employee under this section; the head of a
Government controlled corporation; or an adjutant general designated by the Secretary concerned under 32 U.S.C. §709(c); (2) engaged in the performance of a Federal
function under authority of law or an Executive act; and 3) subject to the supervision of an individual named under (1) while engaged in the performance of the duties of his
position. See 5 U.S.C. §2105 for application of the definition to other types of employees.

CRS-14

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
15