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

Barbara L. Schwemle
Analyst in American National Government

Legislation to enhance telework in the Executive Branch is currently pending in the 111th Congress. S. 707, the Telework Enhancement Act of 2009, and H.R. 1722, the Telework Improvements Act of 2010, were introduced on March 25, 2009, by Senator Daniel Akaka and Representative John Sarbanes, respectively. The Senate Committee on Homeland Security and Governmental Affairs marked up S. 707 on May 20, 2009, and ordered the bill to be reported with an amendment favorably. The Subcommittee on Federal Workforce, Postal Service, and the District of Columbia of the House Committee on Oversight and Government Reform marked up H.R. 1722 on March 24, 2010, and reported it favorably, as amended, to the full committee. The House bill would amend Title 5 of the United States Code by adding a new Chapter 65 entitled "Telework." 

S. 707 would define telework as a work arrangement in which an employee performs officially assigned duties at home or other worksites geographically convenient to the residence of the employee. Under H.R. 1722, telework would mean a work flexibility arrangement under which an employee performs the duties and responsibilities of his or her position, and other authorized activities, from an approved worksite other than the location from which the employee would work if not for the arrangement. Both bills would require the heads of executive branch agencies to establish policies under which employees (with some exceptions) could be eligible to participate in telework. Agencies would have to establish such policies within 180 days after enactment of the act (Senate bill) or within one year after the enactment of the new Chapter 65 of Title 5 United States Code (House bill). Employee participation in telework must not diminish either employee performance or agency operations (Senate bill) or agency operations and performance (House bill). 

Executive branch employees not eligible for telework generally would include those whose duties involve the daily direct handling of secure materials or on-site activity that cannot be handled remotely or at an alternative worksite (Senate bill) or the daily direct handling of classified information or are such that their performance requires on-site activity which cannot be carried out from a site removed from the employee's regular place of employment (House bill). S. 707 would require an employee to enter into a written agreement with the agency before participating in telework. The Senate and House legislation would require each executive branch agency to appoint a Telework Managing Officer, who would be responsible for implementing the telework policies. The agencies also would be required to provide training to managers, supervisors, and employees participating in telework. Both S. 707 and H.R. 1722 would provide for telework to be incorporated into an agency's Continuity of Operations (COOP) plans. The bills also would require the Director of the Office of Personnel Management (OPM) to submit annual reports on telework to Congress, and the Comptroller General (CG) to review the OPM report and then annually report to Congress on the progress of executive agencies in implementing telework. The Senate bill would require the CG to annually submit a report to Congress on telework at GAO and the agency Chief Human Capital Officers (CHCOs) to annually report to the chair and vicechair of the CHCO Council on telework in their organizations. S. 707 also would authorize test programs for telework travel expenses. 

This report presents a side-by-side comparison of the provisions of S. 707, as ordered to be reported, and H.R. 1722, as reported favorably, as amended, to the full committee.


Date of Report: March 30, 2010
Number of Pages: 17
Order Number: RL34516
Price: $29.95

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