P.L. 111-292, the Telework Enhancement Act of 2010: Summary of Provisions and Possible Issues for Oversight

Barbara L. Schwemle
Analyst in American National Government

The Telework Enhancement Act of 2010 (H.R. 1722), enacted as P.L. 111-292, requires the head of each executive agency to establish and implement a policy under which employees shall be authorized to telework. 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 29, 2010. The House agreed to the Senate amendment on a 254-152 (Roll No. 578) vote on November 18, 2010. President Barack Obama signed the bill into law on December 9, 2010.

The law amends Title 5 of the United States Code by adding a new chapter, Chapter 65, entitled “Telework,” and 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 head of each executive agency is required to establish a policy under which employees (with some exceptions) would be authorized to telework. The policy on telework must be established within 180 days after enactment of the new Chapter 65 of Title 5 United States Code and ensure that telework does not diminish employee performance or agency operations. Executive agency employees not eligible for telework generally include those whose official duties require the daily (every work day), 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 alternate worksite. Employees are required to enter into written agreements with their agencies before participating in telework. Each executive agency must appoint a Telework Managing Officer, who is responsible for implementing the telework policies, and provide training to managers, supervisors, and employees participating in telework. The telework policy must be incorporated as part of an executive agency’s continuity of operations plans (COOP) in the event of an emergency. When an executive agency is operating under a COOP plan, that plan must supersede any telework policy. The Director of the Office of Personnel Management (OPM) is directed to submit annual reports on telework to Congress, and the Comptroller General (CG) is directed to review the OPM report and then annually report to Congress on the progress of executive agencies in implementing telework. The CG also will annually submit a report to Congress on telework at the Government Accountability Office. The agency chief human capital officers (CHCOs) will annually report to the chair and vice-chair of the CHCO Council on telework in their organizations. Test programs for telework travel expenses are authorized. Such programs are authorized for seven years and no more than 10 programs may be conducted simultaneously.

As executive agencies implement the law on telework, Congress may wish to examine several issues, including the policies and guidance that the Office of Management and Budget and OPM, respectively, will be prescribing on the security of information and systems during telework, and the operation of executive agency telework programs. This report summarizes the provisions of P.L. 111-292 and identifies several possible issues for congressional oversight of telework. It will be updated as the law is implemented.


Date of Report: May 11, 2011
Number of Pages: 15
Order Number: R41818
Price: $29.95

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