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Tuesday, October 19, 2010

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

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 passed S. 707, amended, under unanimous consent on May 24, 2010. The House passed H.R. 1722, amended, on July 14, 2010, on a 290-131 (Roll No. 441) vote. The Senate agreed to an amendment in the nature of a substitute to H.R. 1722, and then passed H.R. 1722, as amended, under unanimous consent on September 30, 2010. Any House action to concur in the Senate amendment may occur in the lame duck session scheduled to convene on November 15, 2010.

H.R. 1722, as passed by the House and the Senate, would amend Title 5 of the United States Code by adding a new Chapter 65 entitled “Telework.” The bill defines telework as 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. The heads of executive agencies would be required 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-passed H.R. 1722) or agency operations and performance (Housepassed H.R. 1722). Executive agency employees not eligible for telework generally would include those whose duties require the daily direct handling of secure materials determined to be inappropriate for telework by the agency head or on-site activity that cannot be handled remotely or at an alternative worksite (Senate-passed H.R. 1722) 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-passed H.R. 1722). The Senate-passed version of the bill would require an employee to enter into a written agreement with the agency before participating in telework. The Senate- and House-passed H.R. 1722 would require each executive agency to appoint a Telework Managing Officer, who would be responsible for implementing the telework policies; provide training to managers, supervisors, and employees participating in telework; 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; and require the CG to annually submit a report to Congress on telework at the Government Accountability Office (GAO). The Senate-passed H.R. 1722 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. Test programs for telework travel expenses would be authorized by the Senate- and House-passed H.R. 1722. 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 and the Senate.



Date of Report: October 5, 2010
Number of Pages: 25
Order Number: RL34516
Price: $29.95

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