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
July 19, 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 2010, 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 Senate agreed to the committee amendments, including a title change, and
passed S. 707, the Telework Enhancement Act of 2010, under unanimous consent on May 24,
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. The committee reported H.R. 1722
(H.Rept. 111-474) on May 4, 2010. The House passed the bill, with an amendment, on July 14,
2010, on a 290-131 (Roll No. 441) vote. The amendment placed several specific limitations on
the authorization of telework and these are stated in the background section. 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 passed by the Senate, and H.R. 1722, as passed by the
House. 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........................ 5

Contacts
Author Contact Information ...................................................................................................... 17

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, 2010.4 The Senate agreed to the committee amendments, including a title change, and
passed S. 707, the Telework Enhancement Act of 2010, under unanimous consent on May 24,
2010.5
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.”6 The House

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 U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Telework Enhancement Act of
2010, report to accompany S. 707, 111th Cong., 2nd sess., S.Rept. 111-177 (Washington: GPO, 2010).
5 Congressional Record, daily edition, vol. 156, May 24, 2010, pp. S4157-S4161.
6 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

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
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. The House Committee on Oversight and Government Reform reported H.R.
1722 (H.Rept. 111-474) on May 4, 2010.7 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.8 The House began consideration
of the bill on May 5, 2010. A motion to suspend the rules and pass H.R. 1722, as amended, failed
by the Yeas and Nays (2/3 required) 268-147 (Roll No. 251) on May 6, 2010.9
On July 13, 2010, the House Committee on Rules reported the rule for the consideration of H.R.
1722, H.Res. 1509, to the House.10 The next day the House agreed to the rule on a 238-180 (Roll
No. 438) vote after the previous question was ordered on a 232-184 (Roll No. 437) vote. Pursuant
to the rule, the amendment in the nature of a substitute recommended by the House Committee on
Oversight and Government Reform was considered as adopted. Following debate on the bill, the
House agreed to a motion offered by Representative Darrell Issa to recommit the bill to the
committee with instructions to report the bill back to the House forthwith with an amendment.
The House agreed to the motion on a 303-119 (Roll No. 440) vote. Subsequently, Representative
Lynch reported the bill back to the House with the amendment and the amendment was agreed to
by voice vote. The House passed H.R. 1755, as amended, on a 290-131 (Roll No. 441) vote on
July 14, 2010. The title of the bill also was amended.11 The amendment placed specific limitations
on the authorization of telework. An employee would not be authorized to telework if any of the
following apply to him or her:
(A) The employee has a seriously delinquent tax debt. Such a debt would be defined as an
outstanding debt under the Internal Revenue Code of 1986 for which a notice of lien has
been filed in public records pursuant to section 6323 of such Code. Not included under the
definition would be a debt that is being paid in a timely manner under an agreement under
sections 6159 or 7122 of the Code; a debt for which a levy has been issued under section
6331 of the Code upon accrued salary or wages (or, in the case of an applicant for
employment, a debt for which the applicant agrees to be subject to a levy issued upon

7 U.S. Congress, House Committee on Oversight and Government Reform, Telework Improvements Act of 2010, report
to accompany H.R. 1722, 111th Cong., 2nd sess., H.Rept. 111-474 (Washington: GPO, 2010).
8 U.S. Congressional Budget Office, Cost Estimate, H.R. 1722, Telework Improvements Act of 2010, April 29, 2010.
9 Congressional Record, daily edition, vol. 156, May 5, 2010, pp. H3158-H3163, and May 6, 2010, p. H3216.
10 U.S. Congress, House Committee on Rules, Providing for Consideration of the Bill (H.R. 1722) to Improve
Teleworking in Executive Agencies by Developing a Telework Program That Allows Employees to Telework at Least 20
Percent of the Hours Worked in Every 2 Administrative Workweeks and For Other Purposes, report to accompany
H.Res. 1509, 111th Cong., 2nd sess., H.Rept. 111-535 (Washington: GPO, 2011).
11 Congressional Record, daily edition, vol. 156, July 14, 2010, pp. H5567-H5590.
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Telework Legislation in the 111th Congress: A Side-by-Side Comparison

accrued salary or wages); and a debt for which a collection due process hearing under section
6330 of the Code, or relief under subsection (a), (b), or (f) of section 6105 of the Code, is
requested or pending. OPM would prescribe regulations to implement this provision. The
regulations would provide that an individual would be given a reasonable amount of time to
demonstrate that his or her debt is not included under the definition of a seriously delinquent
tax debt.
(B) The employee has been officially disciplined for violations of subpart G of the Standards
of Ethical Conduct for Employees of the Executive Branch for viewing, downloading, or
exchanging pornography, including child pornography on a federal government computer or
while performing official federal government duties.
(C) The employee received a payment under the Low-Income Home Energy Assistance Act
of 1981 but was ineligible to receive the payment under the criteria described in 42 U.S.C.
§8624(b)(2).
(D) The employee has been officially disciplined for being absent without permission for
more than five days in any calendar year.
Furthermore,
An agency could not permit employees to telework unless the agency head certifies to the
OPM Director that implementation of the policy will result in savings to the agency.
Any time during which an employee teleworks may not be treated as ‘official time’ for
purposes of the authority to carry out any activity under 5 U.S.C. §7131[on official time for
negotiation of collective bargaining agreement].
Any employee who, while teleworking pursuant to a policy established under Chapter 65 of
Title 5, United States Code, creates or receives a Presidential record or Vice-Presidential
record within the meaning of Chapter 22 of Title 44, United States Code, through a non-
official electronic mail account, a social media account, or any other method (electronic or
otherwise), would electronically copy the record into the employee’s official electronic mail
account.
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).
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Telework Legislation in the 111th Congress: A Side-by-Side Comparison

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
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.
Table 1, below, compares the provisions of S. 707, as passed by the Senate, and H.R. 1722, as
passed by the House of Representatives.

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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 2010, as
H.R. 1722, Telework Improvements Act, as of 2010,
Legislative Provision
passed by the Senate
as passed by the House of Representatives
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 whether a
position is eligible for telework in descriptions of available
positions and 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 2010, as
H.R. 1722, Telework Improvements Act, as of 2010,
Legislative Provision
passed by the Senate
as passed by the House of Representatives

An employee whose official duties require on a daily basis
An employee would not be authorized to telework if any of
(every work day) direct handling of secure materials or
the fol owing apply to him or her:
on-site activity that cannot be handled remotely or at an
alternate worksite would not be eligible to telework,
(A) The employee has a seriously delinquent tax debt. Such
except in emergency situations, as determined by the
a debt would be defined as an outstanding debt under the
agency head.
Internal Revenue Code of 1986 for which a notice of lien
has been filed in public records pursuant to section 6323 of
such Code. Not included under the definition would be a
debt that is being paid in a timely manner under an
agreement under sections 6159 or 7122 of the Code; a
debt for which a levy has been issued under section 6331 of
the Code upon accrued salary or wages (or, in the case of
an applicant for employment, a debt for which the applicant
agrees to be subject to a levy issued upon accrued salary or
wages); and a debt for which a collection due process
hearing under section 6330 of the Code, or relief under
subsection (a), (b), or (f) of section 6105 of the Code, is
requested or pending. OPM would prescribe regulations to
implement this provision. The regulations would provide
that an individual would be given a reasonable amount of
time to demonstrate that his or her debt is not included
under the definition of a seriously delinquent tax debt.
(B) The employee has been officially disciplined for
violations of subpart G of the Standards of Ethical Conduct
for Employees of the Executive Branch for viewing,
downloading, or exchanging pornography, including child
pornography on a federal government computer or while
performing official federal government duties.
(C) The employee received a payment under the Low-
Income Home Energy Assistance Act of 1981 but was
ineligible to receive the payment under the criteria
described in 42 U.S.C. §8624(b)(2).
(D) The employee has been officially disciplined for being
absent without permission for more than five days in any
calendar year.
An agency could not permit employees to telework unless
the agency head certifies to the OPM Director that
implementation of the policy will result in savings to the
agency.
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Telework Legislation in the 111th Congress: A Side-by-Side Comparison

S. 707, Telework Enhancement Act of 2010, as
H.R. 1722, Telework Improvements Act, as of 2010,
Legislative Provision
passed by the Senate
as passed by the House of Representatives
Nothing in the provision that requires executive agencies to
establish telework policies would be considered to require
an agency head to authorize telework for an employee
whose duties and responsibilities require 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, 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.
Any time during which an employee teleworks may not be
treated as ‘official time’ for purposes of the authority to
carry out any activity under 5 U.S.C. §7131 on official time
for negotiation of collective bargaining agreement.
Any employee who, while teleworking pursuant to a policy
established under Chapter 65 of Title 5, United States Code,
creates or receives a Presidential record or Vice-
Presidential record within the meaning of Chapter 22 of
Title 44, United States Code, through a non-official electronic
mail account, a social media account, or any other method
(electronic or otherwise), would electronically copy the
record into the employee’s official electronic mail account.
Nothing in Chapter 65 of Title 5 United States Code would
be considered to require any employee to telework, or
prevent an agency from permitting an employee to
telework as part of a continuity of operations plan.
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
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Telework Legislation in the 111th Congress: A Side-by-Side Comparison

S. 707, Telework Enhancement Act of 2010, as
H.R. 1722, Telework Improvements Act, as of 2010,
Legislative Provision
passed by the Senate
as passed by the House of Representatives
arrangement in effect before the act’s enactment.

Those employees who telework and those who do not
No distinction would be made between those employees
would be treated the same for purposes of periodic
who telework and those who do not for purposes of
appraisals of employee performance; training, rewarding,
periodic appraisals of employee performance; training,
reassigning, promoting, reducing in grade, retaining, and
rewarding, reassigning, promoting, reducing in grade,
removing employees; work requirements; or other acts
retaining, or removing employees; work requirements; or
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.
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 the effect of employee
leave, agency closure, performance management, official
performance on eligibility, 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 while teleworking. The guidelines
would, at a minimum, include requirements necessary to (1)
OPM would consult with the GSA on policies and
control access to agency information and information
guidance on telework centers, travel, technology,
systems, (2) protect agency information (including
equipment, and dependent care during telework.
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 teleworking, (5) safeguard the use of
wireless and other telecommunications capabilities used for
telework, and (6) prevent inappropriate use of official time
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Telework Legislation in the 111th Congress: A Side-by-Side Comparison

S. 707, Telework Enhancement Act of 2010, as
H.R. 1722, Telework Improvements Act, as of 2010,
Legislative Provision
passed by the Senate
as passed by the House of Representatives
or resources that violates subpart G of the Standards of
Ethical Conduct for Employees of the Executive Branch by
viewing, downloading, or exchanging pornography, including
child pornography.

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
best practices and recommendations for the federal
government. The Director also would review the outcomes
associated with an increase in telework, including the effects
of telework on energy consumption, the environment, job
creation and availability, urban transportation patterns, and
the ability to anticipate the dispersal of work during periods
of emergency. Any such studies or reviews would be
available to the public. The Director could carry out this
provision through a contract entered into by him or her
using competitive procedures.
Continuity of Operations
An agency’s telework policy would be incorporated as
“COOP” refers to measures designed to ensure that
Plans
part of its continuity of operations (COOP) plans in the
functions essential to the mission of the agency can
event of an emergency.
continue to be performed during a wide range of
emergencies, including localized acts of nature, accidents,
Each executive agency would incorporate telework into
public health emergencies, and technological or attack-
its COOP plan. When an executive agency is operating
related emergencies.
under a COOP plan, that plan would supersede any
telework policy.
An agency could permit an employee to telework as part of
a COOP plan.
For agencies named in 31 U.S.C. §901(b)(1)(2), the agency
head would ensure that telework is incorporated into the
agency’s COOP plans and uses telework in response to
emergencies.
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Telework Legislation in the 111th Congress: A Side-by-Side Comparison

S. 707, Telework Enhancement Act of 2010, as
H.R. 1722, Telework Improvements Act, as of 2010,
Legislative Provision
passed by the Senate
as passed by the House of Representatives
Telework Managing
The head of each executive agency would designate an
The CHCO of an agency or the agency head (if the agency
Officer (TMO)
employee of the agency 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 623 of P.L. 108-7 (117 Stat. 103), Section 627 of
Section 622 of P.L. 108-447 would be amended by striking
P.L. 108-199 (118 Stat. 99), Section 622 of P.L. 108-447
“designate a Telework Coordinator” and inserting
(118 Stat. 2919), and Section 617 of P.L. 109-108 (119
“designate a Telework Managing Officer or designate the
Stat. 2340) would be amended by replacing “Telework
Chief Human Capital Officer or other career employee to
Coordinator” with TMO.
be.... ”

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
CRS-10

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

S. 707, Telework Enhancement Act of 2010, as
H.R. 1722, Telework Improvements Act, as of 2010,
Legislative Provision
passed by the Senate
as passed by the House of Representatives
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.
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 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
major administrative unit of a Cabinet Agency, and
component within the department, including the total
provide data on (1) the total number of employees in the
number of employees overall, and the number and
agency; (2) the number and percent of employees in the
percentage of employees, (1) who are eligible to telework;
agency who are eligible to telework; and (3) the number
and (2) who do telework, broken down by the number and
and percent of eligible employees in the agency who are
percentage who telework three or more days per week,
teleworking three or more days per pay period, one or
one or two days per week, and less frequently than one day
two days per pay period, once a month, and on an
per week.
occasional, episodic, or short-term basis.
Additional y, the report would evaluate the method used
It also would include information on the method used to
by the agency to gather telework data and the techniques
gather telework data in each agency; the reasons for
used to verify and validate such data; whether the total
variation if the total number of employees teleworking is
number of employees who telework is at least 10% higher
10% higher or lower than the previous year in any
or lower than the number who teleworked during the
agency; and the agency’s goal for increasing participation
previous reporting period and the reasons identified for any
to the extent practicable or necessary for the next
such change; the agency’s goal to increase the number of
CRS-11

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

S. 707, Telework Enhancement Act of 2010, as
H.R. 1722, Telework Improvements Act, as of 2010,
Legislative Provision
passed by the Senate
as passed by the House of Representatives
reporting period, as indicated by the percent of eligible
employees who telework in the next reporting period.
employees who are teleworking in each category of
frequency stated above.
The report also would evaluate the extent to which the
agency met the goal described for its previous report, and,
The report would include an explanation of whether or
if the goal was not met, actions the agency plans to take to
not the agency met the goals for the last reporting period
meet the goal during the next reporting period; best
and, if not, what actions are being taken to identify and
practices in agency telework programs; and, for agencies
eliminate barriers to maximizing telework opportunities
named in 31 U.S.C. §901(b)(1)(2), the extent to which the
for the next reporting period; an assessment of the
agency incorporated telework in its COOP plans and used
progress each agency has made in meeting agency goals
telework in response to emergencies.
for participation rates 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.
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

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

to the GAO.
In this section, the term executive agency would not
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
CRS-12

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

S. 707, Telework Enhancement Act of 2010, as
H.R. 1722, Telework Improvements Act, as of 2010,
Legislative Provision
passed by the Senate
as passed by the House of Representatives
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.
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
Same as Senate-passed bill, except, adds this text:
Telework Travel
subsistence, would be amended by adding a new section
Expenses
5711 on “Authority for telework travel expenses test
Under an approved test program, an agency may provide an
programs.” Nothing in this section would limit the
employee with the option to waive any payment authorized
authority of any agency to conduct test programs.
or required under Subchapter I.
Notwithstanding any other provision of 5 U.S.C. Chapter

57, Subchapter I, under a test program which the GSA
Administrator determines to be in the interest of the

government and approves, 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, Subchapter I.
Accompanying an agency’s request to the GSA

Administrator for a test program would be an analysis of
CRS-13

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

S. 707, Telework Enhancement Act of 2010, as
H.R. 1722, Telework Improvements Act, as of 2010,
Legislative Provision
passed by the Senate
as passed by the House of Representatives
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.
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-16

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
17