Telework Legislation Pending in the 110th Congress: A Side-by-Side Comparison of Provisions

Telework Legislation Pending in the
th
110 Congress: A Side-by-Side
Comparison of Provisions
Updated October 20, 2008
Barbara L. Schwemle
Analyst in American National Government
Government and Finance Division



Telework Legislation Pending in the 110 Congress:
A Side-by-Side Comparison of Provisions
Summary
S. 1000, the Telework Enhancement Act of 2007, and H.R. 4106, the Telework
Improvements Act of 2008, are currently pending in the 110th Congress. Two Senate
amendments that include provisions to enhance telework were offered to S. 3268, the
Stop Excessive Energy Speculation Act of 2008, and also are pending. The Senate
Committee on Homeland Security and Governmental Affairs reported S. 1000, with
an amendment in the nature of a substitute, on October 1, 2008. The House of
Representatives passed H.R. 4106 by voice vote under suspension of the rules on
June 3, 2008. H.R. 4106 would amend Title 5 of the United States Code by adding
a new Chapter 65 entitled “Telework.”
Under the pending legislation and Senate amendments, the heads of executive
branch agencies would be required to establish policies under which employees (with
some exceptions) could be eligible to participate in telework. Legislative branch
employees also would be covered by S. 1000. Agencies would have to establish
policies on telework within 180 days after enactment of the acts. Employee
participation in telework would be required to the maximum extent possible without
diminishing either employee performance or agency operations.
Executive branch employees not eligible for telework generally would include
those whose duties involve the daily handling of secure materials, contact with
persons, the use of special equipment, or physical presence. The pending legislation
and amendments could 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. H.R. 4106 would require the Comptroller
General to evaluate the telework policies in the executive branch.
This report presents a side-by-side comparison of the provisions of S. 1000, as
reported; H.R. 4106, as passed by the House; and the proposed Senate amendments
to S. 3268. It will be updated as events dictate.



Contents
Background ......................................................1
List of Tables
Table 1. Legislation on Telework: Provisions in S. 1000 and H.R. 4106,
and Proposed Amendments to S. 3268 Compared.....................5



Telework Legislation Pending in the
th
110 Congress: A Side-by-Side
Comparison of Provisions
Background
Legislation (S. 1000 and H.R. 4106, and proposed amendments to S. 3268) to
foster telework in the federal government is currently pending in the 110th Congress.
Senator Ted Stevens, for himself and Senator Mary Landrieu, introduced S.
1000, the Telework Enhancement Act of 2007, on March 27, 2007, and it was
referred to the Senate Committee on Homeland Security and Governmental Affairs.1
In his statement upon introducing the bill, Senator Stevens stated that the legislation
would enhance telework by, among other things, making all federal employees
eligible to telework, unless expressly determined otherwise, and revising the
definition of telework.2 The Subcommittee on Oversight of Government
Management, the Federal Workforce, and the District of Columbia conducted a
hearing on the legislation on June 12, 2007. On November 14, 2007, the committee
marked up the bill and, by voice vote, agreed to an amendment in the nature of a
substitute that was offered by Senators Daniel Akaka and Stevens. The committee,
by voice vote, ordered the bill to be reported, as amended, the same day. On October
1, 2008, the committee ordered the bill to be reported, with an amendment in the
nature of a substitute, without a written report. An estimate prepared by the
Congressional Budget Office determined that administrative costs in the federal
agencies would increase by $5 million in 2008, and “much smaller amounts in
subsequent years” as S. 1000 was implemented.3
During markup of the Senate’s version of the Supplemental Appropriations Act
by the Senate Committee on Appropriations on May 15, 2008, Senator Stevens
offered an amendment on telework. The amendment was adopted by voice vote. A
press release issued by the Senator’s office stated that “S. 1000 served as the


1 S. 1000, as ordered to be reported, and the proposed amendments to S. 3268 also include
a provision that would amend 5 U.S.C. §5710 to extend for 16 years a program that tests
new approaches to reimbursing federal employees for their travel expenses. H.R. 4106, as
reported, also includes provisions that would amend 5 U.S.C. Chapter 14 on the Chief
Human Capital Officers Council.
2 Statement of Senator Ted Stevens, Congressional Record, daily edition, vol. 153, March

27, 2007, p. S3843.


3 U.S. Congressional Budget Office, Cost Estimate, S. 1000, Telework Enhancement Act of

2007, January 28, 200[8].



foundation for the amendment” and described the benefits of the proposed legislation
as quoted below:
In addition to helping reduce Americans oil consumption, the bill would
encourage federal employees to drive less and thereby reduce traffic congestion,
help consumers save on fuel expenses, and limit greenhouse gas emissions. The
measure would also help improve the cost-efficiency of the federal government;
supplement the federal government’s efforts to develop continuity of operations
plans; provide incentives to attract and retain highly skilled federal personnel;4
and establish a model for similar programs in the private sector.
The text of the Stevens amendment differed from S. 1000 in that it did not
include the provisions on telework in the legislative branch, and from H.R. 4106 in
that it did not include the provisions on the Comptroller General’s role in evaluating
telework.5 The Senate-engrossed amendment to H.R. 2642, the Supplemental
Appropriations Act for FY2008, as passed by the Senate on May 22, 2008, does not
include the telework provisions.
Senator Stevens and Senator Jeff Bingaman offered amendments on telework
enhancement to S. 3268, the Stop Excessive Energy Speculation Act of 2008, on July
24, 2008. The Stevens amendment (S.Amdt. 5160) would add Sections 901 to 908
to S. 3268, and is identical to the amendment that he offered to H.R. 2642 discussed
above. The Bingaman amendment (S.Amdt. 5135) would add Sections 311 to 319
to S. 3268, and is the same as S.Amdt. 5160, except for several words. In addition,
the Bingaman amendment includes provisions at Section 306 that would require
federal agencies to actively promote incentive programs that encourage federal
employees and contractors to reduce petroleum usage through practices such as
telecommuting, public transit, carpooling, and bicycling. The Administrator of the
General Services Administration, the Director of the Office of Personnel
Management, and the Secretary of Energy would monitor and provide support to the
agency programs. Such sums as are necessary would be authorized to implement the
provisions for fiscal years 2009 through 2015. On July 25, 2008, the Senate, by a 50-

43 (Record No. 184) vote, did not invoke cloture on S. 3268.


Representative Danny Davis, for himself, and Representatives John Sarbanes,
Henry Waxman, Tom Davis, Frank Wolf, and Elijah Cummings, and Delegate
Eleanor Holmes Norton, introduced H.R. 4106, the Telework Improvements Act of
2008, on November 7, 2007, and the bill was referred to the House Committee on
Oversight and Government Reform. Representative Davis, upon introducing the
legislation, stated that it “breaks new ground by ensuring that eligible Federal
employees have the opportunity to telework and that agencies are incorporating
telework into their continuity of operations planning.” He expressed the expectation
that the bill “will increase the number of Federal employees that are allowed to
telework and thereby better prepare the Government for emergency events, reduce


4 “Appropriations Committee Approves Senator Stevens Telework Bill,” May 16, 2008.
5 The text of the amendment to the Senate version of the supplemental appropriations act for
FY2008, provided to CRS by Senate Committee on Appropriations staff.

congestion and pollution, and create a more family-friendly workplace.”6 A day
before the bill’s introduction, on November 6, 2007, the House Subcommittee on
Federal Workforce, Postal Service, and the District of Columbia conducted a hearing
on telework. The subcommittee marked up H.R. 4106 and forwarded it to the full
committee, as amended, by voice vote on February 28, 2008. The House Committee
on Oversight and Government Reform marked up the bill on March 13, 2008, and
ordered it to be reported as amended. The committee reported the bill on May 21,

2008.7


The House passed H.R. 4106 by voice vote under suspension of the rules on
June 3, 2008. The bill would amend Title 5 of the United States Code by adding a
new Chapter 65 entitled “Telework.” CBO estimated the cost of the legislation as “$5
million in 2008 and much smaller amounts in subsequent years.”8 The cost estimate
is the same as that prepared by CBO for S. 1000, as ordered to be reported. During
House consideration of the bill, Representative Danny Davis stated his view of the
benefits of telework:
giving employees the opportunity to telework can help boost productivity by
cutting down on commuting time, reducing absenteeism, and allowing for greater
organizational flexibility. Improving telework can also help reduce pollution,
traffic congestion, and the significant financial burdens that Federal employees9
face from high gas prices.
He added that H.R. 4106 “ensures that agencies have the necessary flexibility,
guidance, and oversight.” Representative John Sarbanes emphasized that telework
is a “win, win, win,” in stating that productivity can be increased “while striking the
right balance between family and work.”10
S. 1000, as reported; H.R. 4106, as passed by the House; and the proposed
Senate amendments to S. 3268, would require the heads of executive branch agencies
to establish policies under which employees (with some exceptions) could be eligible
to participate in telework. S. 1000 also would cover legislative branch employees.
The policies on telework would have to be established within 180 days after
enactment of the acts. The bills would provide that employee participation in
telework would be required to the maximum extent possible without diminishing
either employee performance or agency operations.


6 Statement of Representative Danny K. Davis, “Introduction of the Telework Improvement
Act of 2007,” Congressional Record, daily edition, vol. 153, November 7, 2007, p. E2343.
7 U.S. Congress, House Committee on Oversight and Government Reform, Telework
Improvements Act of 2008, report to accompany H.R. 4106, 110th Cong., 2nd sess., H.Rept.

110-663 (Washington: GPO, 2008).


8 U.S. Congressional Budget Office, Cost Estimate, H.R. 4106, Telework Improvements Act
of 2008, April 14, 2008.
9 “Telework Improvements Act of 2008,” Congressional Record, daily edition, vol. 154,
June 3, 2008, p. H4850.
10 Ibid., pp. H4850-H4851.

In the executive branch, employees not eligible for telework generally would
include those whose duties involve the daily handling of secure materials, contact
with persons, the use of special equipment, or physical presence. The pending
legislation and amendments could require that a Telework Managing Officer, who
would be responsible for implementing the telework policies, be appointed for each
executive branch agency. Each agency also would be required to provide training to
managers, supervisors, and employees participating in telework. H.R. 4106 would
require the Comptroller General to evaluate the telework policies in the executive
branch.
Table 1, below, compares the provisions of S. 1000, as reported; H.R. 4106, as
passed by the House; and the proposed Senate amendments to S. 3268.



CRS-5
Table 1. Legislation on Telework: Provisions in S. 1000 and H.R. 4106,
and Proposed Amendments to S. 3268 Compared
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
Definition of TeleworkA work arrangement in which anA work arrangement underSame as S. 1000
employee regularly performswhich an employee regularly
officially assigned duties atperforms the duties and
home or other worksitesresponsibilities of his or her
geographically convenient to theposition, and other authorized
residence of the employee duringactivities, from home or
at least 20% of each pay periodanother worksite removed from
that the employee is performingthe employee’s regular place of
iki/CRS-RL34516officially assigned duties.employment.
g/wTelework would occur at least
s.or20% of the hours worked in
leakevery two administrative
wo r k we e k s .
://wiki
httpExecutive BranchWithin 180 days after the actsWithin 180 days after the actsSame as S. 1000


Teleworkenactment, the head of eachenactment, the head of each
executive branch agency wouldexecutive branch agency would
establish a telework policy,establish a policy under which
determine the eligibility ofemployees would be authorized
employees to participate into telework.
telework, and notify all
employees of their eligibility.Each agencys policy would
conform to General Services
Administration (GSA)
regulations to be prescribed
within 120 days after the acts
enactment in coordination with
the Office of Personnel
Management (OPM).

CRS-6
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
Provisions on EmployeeThe telework policy wouldThe employees who areSame as S. 1000


Participation in Teleworkensure that telework does notauthorized to telework would
diminish employee performancebe allowed to do so to the
or agency operations.maximum extent possible
without diminishing employee
performance or agency
operatio ns.
An agency manager and anNothing in the act would be
employee authorized to teleworkconsidered to require an
would sign a written agreementagency head to authorize
before participation in teleworktelework for an employee
iki/CRS-RL34516could occur.whose duties andresponsibilities require daily
g/wIf the employee’s performanceaccess to classified
s.ordoes not comply with the writteninformation, daily face-to-face
leakagreement, he or she may not becontact with members of the
://wikiauthorized to telework.public or other persons, or theuse of equipment at the
httpemployee’s regular place of
employment, or are such that
their performance from a site
removed from the employee’s
regular place of employment is
not feasible.
An employee whose officialAn agency head could
duties require daily physicaltemporarily deny permission
presence involving equipment orfor an employee to telework
the handling of secure materialsupon determination that the
would not be eligible toemployee is needed to respond
telework, except in emergencyto an emergency or requires
situations, as determined by theadditional training, or if the
agency head.denial is necessary, for a
specific period of time, to

CRS-7
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
achieve the goals and
objectives of agency programs.
Nothing in the act would be
considered to require any
employee to telework.
An agencys telework policyAn agency could permit an
would determine the use ofemployee to telework as part of
telework as part of continuity ofa COOP plan.
operations (COOP) plans for
emergency situations.
iki/CRS-RL34516Training and MonitoringThe head of each executiveThe head of each executiveSame as S. 1000, except
g/wbranch agency would ensure thatbranch agency would ensureuses phrase “eligible to
s.oremployees eligible to teleworkthat appropriate training isparticipate in the telework
leakand managers of employees whoprovided to supervisors andprogram of the agency.”


telework receive an interactivemanagers and to all employees
://wikitraining program on telework.who are authorized to telework.
http
No distinction would be madeNo distinction would be made
between those employees whobetween those employees who
telework and those who do nottelework and those who do not
for purposes of performancefor purposes of performance
appraisal. appraisal.
OPM guidelines on performance
management would be consulted
by the agency when making
determinations on diminished
employee performance.

CRS-8
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
Role of OPM and GSAEach executive branch agencyGSA, in coordination withSame as S. 1000
would consult with OPM inOPM, would provide advice,
developing telework policies.assistance, and, to the extent
necessary, training, to
OPM would provide policies andexecutive agencies, on
guidance on pay and leave,questions of eligibility,
agency closure, performanceincluding considerations
management, official worksite,relating to employee
recruitment and retention, andperformance and making
accommodations for employeestelework part of the agencys
with disabilities during telework.(including individual
supervisor’s and manager’s)
iki/CRS-RL34516OPM would consult with theFederal Emergency Managementgoals. GSA, in coordinationwith the Office of Management
g/wAgency (FEMA) on policies andand Budget (OMB) and the
s.orguidance for telework duringNational Institute of Standards
leakCOOP and long-termand Technology (NIST), would
://wikiemergencies.prescribe regulations, within120 days after the acts
httpOPM would consult with theenactment, to ensure the
GSA on policies and guidanceadequacy of information and
on telework centers and travel,security protections for
technology, equipment, andinformation and information
dependent care during telework.systems used in, or otherwiseThe Stevens proposed
affected by, telework. Theamendment does not
regulations would be consistentinclude “dependent care.”


with information security
policies and guidance issued by
OMB and NIST and would, at
a minimum, include
requirements necessary to (1)
control access to agency
information and information

CRS-9
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
systems, (2) protect agency
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
teleco mmunicatio ns
iki/CRS-RL34516capabilities used for teleworkpurposes.
g/w
s.orOPM would maintain a centralGSA would maintain a central
leakwebsite on telework that wouldwebsite on telework that would
://wikiinclude links to information ontelework, announcements, OPMbe publicly available. Thewebsite would be jointly
httpguidance, and FEMA and GSAcontrolled and funded by GSA
guidance transmitted to OPM (toand OPM. Regulations on
be posted no later than 10telework and other information
business days followingthat GSA and OPM consider
submission).appropriate would be included
on the website.
When an agency is operatingCOOP” refers to an effort
under a COOP plan, that planwithin individual executive
would supersede the teleworkdepartments and agencies to
policy.ensure that primary mission-
essential functions continue to
be performed during a wide
range of emergencies,



CRS-10
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
including localized acts of
nature, accidents, public health
emergencies, and technological
or attack-related emergencies.
The head of each executive
branch agency would ensure
that telework is incorporated
into the agencys COOP
planning to the maximum
extent practicable, and mission
critical personnel, as
iki/CRS-RL34516determined by the agency head,are equipped to telework in a
g/wcatastrophe. With regard to
s.orthis mission critical provision,
leak“agency would mean an
://wikiagency named in 31 U.S.C.§901(b)(1)(2).
http
An agencys COOP plan would
supersede the agencys
telework policy to the extent
that they are inconsistent with
one another.
The GSA, in coordination with
OPM, FEMA, and the Chief
Human Capital Officer
(CHCO) Council, would report
to the Senate Committee on
Homeland Security and
Governmental Affairs and the



CRS-11
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
House Committee on Oversight
and Government Reform on
the incorporation of telework
into agency COOP planning.
The report would be submitted
within one year after the GSA
regulations on telework
become effective and include
information on the extent to
which (1) incorporation has
occurred within each of the
agencies, (2) each agency has
iki/CRS-RL34516conducted COOP tests andexercises that incorporate
g/wtelework for essential and non-
s.oressential personnel, and (3)
leakagencies have used telework in
://wikiresponding to emergencies. The report also would include
httpany GSA recommendations.
Management of TeleworkA Telework Managing OfficerA TMO could be appointed bySame as S. 1000


(TMO) would be appointed byeach executive branch agency.
each executive branch agencyThe TMO would be appointed
head. The position would beby the CHCO, or if none, by
under the CHCO or athe agency head, and be
comparable office.compensated at not less than
the minimum rate of basic pay
for grade GS-15 of the General
Schedule (GS). The GSA
Administrator could waive the
minimum salary rate for the
TMO for an agency with fewer

CRS-12
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
than 100 full-time equivalent
employees. The agency head
would certify to GSA that the
salary requirement would
adversely affect agency
operatio ns.
An individual could not hold
the TMO position as a
noncareer appointee, and the
position could not be
considered or determined to be
iki/CRS-RL34516of a confidential, policy-determining, policy-making, or
g/wpolicy-advocating character.
s.or
leakP.L. 108-199 and P.L. 108-447P.L. 108-447 would be
://wikiwould be amended by replacingTelework Coordinator” withamended by striking “designatea Telework Coordinator” and
httpTMO.insertingappoint a Telework
Managing Officer or designate
the Chief Human Capital
Officer or other career
employee to be ....”
The TMO would develop policyThe TMO would serve as: (1)
for and implement the agencysan adviser to the agency head
telework programs; serve as anand the CHCO on telework; (2)
adviser to the agencysa resource on telework for
leadership (including theagency supervisors, managers,
CHCO), a resource for managersand employees; and (3) the
and employees, and the liaisonagencys primary liaison on
between the agency and OPM ontelework matters for agency



CRS-13
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
telework matters; and performemployees, Congress, and
other duties as assigned.other agencies. The TMO also
would (1) ensure that the
agencys telework policy is
communicated to employees;
(2) ensure that each employee
is notified, electronically or in
writing, of specific telework
programs and the agencys
telework policy, including
authorization criteria and
application procedures; (3)
iki/CRS-RL34516develop and administer asystem to track compliance
g/wwith requirements for
s.orgovernment-wide telework
leakreporting; (4) provide to the
://wikiComptroller General (CG) andto the Administrator of GSA
httpsuch information as the CG
may require to prepare the
required annual reports; (5)
establish a system for receiving
feedback from employees on
the agencys telework policy;
(6) develop and implement a
program to identify and
remove barriers to telework
and maximize opportunities to
telework; (7) ensure that
employees are notified of any
grievance procedures available
to address disputes on



CRS-14
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
telework; and (8) perform such
other duties and responsibilities
relating to telework as the
agency head may require.
If a TMO is not appointed, the
duties and responsibilities of a
TMO would be carried out by
the CHCO or a career
employee in the agency, as
determined by the agency head.
iki/CRS-RL34516Report to CongressThe OPM Director would submita report on executive branchNo similar provisionSame as S. 1000


g/wagency telework programs to the
s.orSenate Committee on Homeland
leakSecurity and Governmental
Affairs and the House
://wikiCommittee on Oversight and
httpGovernment Reform and provide
a copy of the report to the CG
and OMB.
The report would include (1)
each agencys telework policy,
measures in place to carry out
the policy, and the agencys
analysis of employee
participation in telework during
the preceding 12-month period;
(2) an assessment of each
agencys progress in maximizing
telework opportunities for

CRS-15
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
employees without diminishing
employee performance or agency
operations; (3) how telework is
defined in the agencies and any
modifications to the definition;
and (4) data on employee
participation in telework,
including the number and
percent of agency employees
who are eligible to telework,
who engage in telework, and
who have declined to participate
iki/CRS-RL34516in telework; the number ofemployees who were not
g/wauthorized, willing, or able to
s.ortelework and the reasons why
leaknot; the extent to which barriers
://wikito telework have been identifiedand eliminated; and best
httppractices among agency telework
programs.
The report would be submitted
no later than 18 months after the
act’s enactment and annually
thereafter.



CRS-16
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
Executive Branch AgencyEach executive branch agencyNo similar provisionSame as S. 1000


Reportsmanager would submit a report
to the agencys CHCO and the
TMO.
The report would summarize the
manager’s efforts to promote
telework opportunities for the
employees that he or she
supervises and any obstacles
which hinder his or her ability to
promote the opportunity to
iki/CRS-RL34516 telewo r k.
g/wThe report would be submitted
s.orwithin 180 days after an
leakagencys telework policy is
://wikiestablished and annuallythereafter.
http
The CHCO of each agency, in
consultation with the TMO,
would submit an annual report to
the chair and vice chair of the
CHCO Council on the agencys
efforts to promote telework.

CRS-17
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
The chair and vice chair of the
CHCO Council would review the
reports, include relevant
information in the annual report
to Congress, and use that
information for purposes related
to the strategic management of
human capital.
Executive Branch AgencyAn executive branch agencyThe CG, as discussed below,Same as S. 1000


Compliancewould be in compliance with thewould evaluate each executive
act if each employeebranch agencys compliance
participating in teleworkwith the act.
regularly performs officially
iki/CRS-RL34516assigned duties at home or other
g/wworksites geographically
s.orconvenient to his or her
leakresidence during at least 20% of
each pay period that the
://wikiemployee performs officially
httpassigned duties.
OMB would report to Congress
within 90 days after OPM’s
report on telework (see above) is
submitted. The OMB report
would identify and recommend
corrective actions and time
frames for each executive branch
agency that is not in compliance
with the act, as determined by
OMB, and describe agency
progress in becoming compliant,
justifications for continuing to be
not in compliance, and OMB or
agency recommendations for
corrective actions.

CRS-18
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
Legislative BranchSenate. The Senate CommitteeNo similar provisionNo similar provision


Teleworkon Rules and Administration, in
consultation with the Senate
Majority and Minority Leaders,
would establish guidelines for a
policy under which Senate
employees (except those
employees who have been
designated by the applicable
employing authority as not
eligible) could be authorized to
telework. The guidelines would
be established within 180 days
iki/CRS-RL34516after the act’s enactment.
g/wEach employing authority that is
s.orincluded under the guidelines
leakwould submit a telework policy
for applicable employees to the
://wikiSenate Committee on Rules and
httpAdministration within 180 days
after the policy guidelines on
telework discussed above have
been established.
House of Representatives. The
House Committee on House
Administration, in consultation
with the Speaker and Minority
Leader, would establish
guidelines for a policy under
which House employees (except
those employees who have been
designated by the applicable
employing authority as not

CRS-19
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
eligible) could be authorized to
telework. The guidelines would
be established within 180 days
after the act’s enactment.
Each employing authority that is
included under the guidelines
would submit a telework policy
for applicable employees to the
House Committee on House
Administration within 180 days
after the policy guidelines on
telework discussed above have
iki/CRS-RL34516been established.
g/wLegislative Branch Agencies.
s.orIdentified as the Government
leakAccountability Office, the
Library of Congress, the
://wikiGovernment Printing Office, the
httpCapitol Guide Service, the
Capitol Police, the Congressional
Budget Office, the Office of the
Architect of the Capitol, the
Office of the Attending
Physician, and the Office of
Co mp liance.
Each legislative branch agency
head would establish a policy
under which the agencys
respective employees (except
those employees who have been
designated by the agency head as
not eligible) could be authorized



CRS-20
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
to telework. The policies would
be established within 180 days
after the act’s enactment.
Training. Employees
participating in telework and
their managers would be
required to participate in a
training program on telework.
Similar Policies. The policies
on telework for the legislative
branch could be similar to those
iki/CRS-RL34516established for the executivebranch.
g/w
s.orNothing in the act would be
leakconstrued as requiring the
application of the provisions
://wikidiscussed prior to this section on
httpLegislative Branch Telework
to any policy on telework
established for the legislative
branch.
Role of the CGNo similar provisionThe CG would establish aNo similar provision


system to evaluate the telework
policies and employee
participation in telework in the
executive agencies.
The CG would submit an
annual report to the Senate
Committee on Homeland
Security and Governmental

CRS-21
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
Affairs and the House
Committee on Oversight and
Government Reform that
would evaluate each agencys
telework policy. The report
also would provide, for each
executive branch agency,
information on the number of
employees overall, and the
number and percentage of
employees, (1) eligible to
telework; (2) who teleworked
an average of at least once a
iki/CRS-RL34516week on a regular basis,determined based on time spent
g/wactually teleworking; and (3)
s.orwho teleworked an average of
leakat least 20% of the hours that
they worked in every two
://wikiadministrative workweeks,
httpdetermined based on time spent
teleworking. The report also
would include information on
the number and percentage of
employees who teleworked at
least once a month on a regular
basis, determined based on
time spent teleworking, the
number and percentage of
employees who were not
authorized to telework and the
reasons why not; the number
and percentage of employees
who were authorized to
telework and then later stopped



CRS-22
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
teleworking, including the
reasons why they stopped and
whether stopping was
voluntary or due to other
factors, such as office coverage
needs or productivity; and the
extent to which barriers to
telework have been identified
and eliminated. Information on
teleworks impact (if any) on
an agencys recruitment and
retention of employees and on
the performance of an agencys
iki/CRS-RL34516employees, and the level ofemployee satisfaction with an
g/wagencys telework policies,
s.orbased on feedback, also would
leakbe included in the report.
://wikiThe CG also would evaluate
httpthe compliance of each
executive branch agency with
the act and identify best
practices in telework programs.
The report would be submitted
for the year in which the GSA
regulations on telework
become effective and for each
of the four succeeding years.
Each report would be
submitted within six months
after the end of the year to
which it relates.



CRS-23
Proposed Senate
Legislative ProvisionS. 1000, as reportedH.R. 4106, as passed by the HouseAmendments
to S. 3268
To be in compliance, an
agency must permit employees
who are authorized to telework
to do so for at least 20% of the
hours that they worked in every
two administrative workweeks
(disregarding any workweeks
for which the employees did
not submit a request to
telework or for which they
were otherwise ineligible to
telewo r k) .
iki/CRS-RL34516Sources: The texts of S. 1000, as reported, and H.R. 4106, as passed by the House of Representatives, from the Legislative Information System
g/wof the Congressional Research Service. The texts of the proposed Senate amendments to S. 3268 (S.Amdt. 5135 and S.Amdt. 5160) fromCongressional Record, daily edition, vol. 154, July 24, 2008, pp. S7340-7341 and S7382-7383.
s.or
leakNote:Executive branch agency” is defined as an executive department, government corporation, or independent establishment (5 U.S.C. §105),
://wikiexcept as defined for continuity of operations purposes in H.R. 4106.


http