Order Code RL34516
Telework Legislation Pending in the
110th Congress: A Side-by-Side
Comparison of Provisions
Updated June 11, 2008
Barbara L. Schwemle
Analyst in American National Government
Government and Finance Division

Telework Legislation Pending in the 110th 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. The Senate
Committee on Homeland Security and Governmental Affairs ordered S. 1000 to be
reported, as amended, on November 14, 2007. 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 legislation, 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 legislation 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
ordered to be reported, and H.R. 4106, as passed by the House. 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 Compared . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Telework Legislation Pending in the
110th Congress: A Side-by-Side
Comparison of Provisions
Background
Legislation (S. 1000 and H.R. 4106) 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. 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
foundation for the amendment” and described the benefits of the proposed legislation
as quoted below:
1 S. 1000, as ordered to be reported, also includes 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].

CRS-2
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;
and establish a model for similar programs in the private sector.4
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 the Comptroller
General’s role in evaluating telework. In addition, the Stevens amendment would
have defined telework as —
A work arrangement in which an employee regularly performs officially assigned
duties at home or other worksites geographically convenient to the residence of
the employee during at least 20 percent of each pay period that the employee is
performing officially assigned duties.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.
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
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
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.
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.
(continued...)

CRS-3
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 employees
face from high gas prices.9
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 ordered to be reported, and H.R. 4106, as passed by the House,
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.
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 legislation
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 ordered to be reported,
and H.R. 4106, as passed by the House.
7 (...continued)
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.

CRS-4
Table 1. Legislation on Telework — Provisions in S. 1000 and H.R. 4106 Compared
Legislative Provision
S. 1000, as ordered to be reported
H.R. 4106, as passed by the House
Definition of Telework
A work arrangement in which an employee regularly performs
A work arrangement under which an employee regularly performs the
officially assigned duties at home or other worksites geographically
duties and responsibilities of his or her position, and other authorized
convenient to the residence of the employee.
activities, from home or another worksite removed from the
employee’s regular place of employment.
Telework would occur during at least 20% of each pay period that the
Telework would occur at least 20% of the hours worked in every two
employee is performing officially assigned duties.
administrative workweeks.
Executive Branch
Within 180 days after the act’s enactment, the head of each executive
Within 180 days after the act’s enactment, the head of each executive
Telework
branch agency would establish a telework policy, determine the
branch agency would establish a policy under which employees would
eligibility of employees to participate in telework, and notify all
be authorized to telework.
employees of their eligibility.
Each agency’s policy would conform to General Services
Administration (GSA) regulations to be prescribed within 120 days
after the act’s enactment in coordination with the Office of Personnel
Management (OPM).
Provisions on Employee
The telework policy would ensure that telework does not diminish
The employees who are authorized to telework would be allowed to do
Participation in Telework
employee performance or agency operations.
so to the maximum extent possible without diminishing employee
performance or agency operations.
An agency manager and an employee authorized to telework would
Nothing in the act would be considered to require an agency head to
sign a written agreement before participation in telework could occur.
authorize telework for an employee whose duties and responsibilities
require daily access to classified information, daily face-to-face contact
If the employee’s performance does not comply with the written
with members of the public or other persons, or the use of equipment at
agreement, he or she may not be authorized to telework.
the employee’s regular place of employment, or are such that their
performance from a site removed from the employee’s regular place of

CRS-5
Legislative Provision
S. 1000, as ordered to be reported
H.R. 4106, as passed by the House
employment is not feasible.
An employee whose official duties require daily physical presence
involving equipment or the handling of secure materials would not be
An agency head could temporarily deny permission for an employee to
eligible to telework, except in emergency situations, as determined by
telework upon determination that the employee is needed to respond to
the agency head.
an emergency or requires additional training, or if the denial is
necessary, for a specific period of time, to achieve the goals and
objectives of agency programs.
Nothing in the act would be considered to require any employee to
telework.
An agency’s telework policy would determine the use of telework as
part of continuity of operations (COOP) plans for emergency
An agency could permit an employee to telework as part of a COOP
situations.
plan.
Training and Monitoring
The head of each executive branch agency would ensure that
The head of each executive branch agency would ensure that
employees eligible to telework and managers of employees who
appropriate training is provided to supervisors and managers and to all
telework receive an interactive training program on telework.
employees who are authorized to telework.
No distinction would be made between those employees who telework
No distinction would be made between those employees who telework
and those who do not for purposes of performance appraisal.
and those who do not for purposes of performance appraisal.
OPM guidelines on performance management would be consulted by
the agency when making determinations on diminished employee
performance.
Role of OPM and GSA
Each executive branch agency would consult with OPM in developing
GSA, in coordination with OPM, would provide advice, assistance,
telework policies.
and, to the extent necessary, training, to executive agencies, on
questions of eligibility, including considerations relating to employee

CRS-6
Legislative Provision
S. 1000, as ordered to be reported
H.R. 4106, as passed by the House
OPM would provide policies and guidance on pay and leave, agency
performance and making telework part of the agency’s (including
closure, performance management, official worksite, recruitment and
individual supervisor’s and manager’s) goals. GSA, in coordination
retention, and accommodations for employees with disabilities during
with the Office of Management and Budget (OMB) and the National
telework.
Institute of Standards and Technology (NIST), would prescribe
regulations, within 120 days after the act’s enactment, to ensure the
OPM would consult with the Federal Emergency Management
adequacy of information and security protections for information and
Agency (FEMA) on policies and guidance for telework during COOP
information systems used in, or otherwise affected by, telework. The
and long-term emergencies.
regulations would be consistent with information security policies and
guidance issued by OMB and NIST and would, at a minimum, include
OPM would consult with the GSA on policies and guidance on
requirements necessary to (1) control access to agency information and
telework centers and travel, technology, equipment, and dependent
information systems, (2) protect agency information (including
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 telework, and (5)
safeguard the use of wireless and other telecommunications capabilities
used for telework purposes.
OPM would maintain a central website on telework that would include
GSA would maintain a central website on telework that would be
links to information on telework, announcements, OPM guidance, and
publicly available. The website would be jointly controlled and funded
FEMA and GSA guidance transmitted to OPM (to be posted no later
by GSA and OPM. Regulations on telework and other information that
than 10 business days following submission).
GSA and OPM consider appropriate would be included on the website.
When an agency is operating under a COOP plan, that plan would
“COOP” refers to an effort within individual executive departments
supersede the telework policy.
and agencies to ensure that primary mission-essential functions
continue to be performed during a wide range of emergencies,
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

CRS-7
Legislative Provision
S. 1000, as ordered to be reported
H.R. 4106, as passed by the House
is incorporated into the agency’s COOP planning to the maximum
extent practicable, and mission critical personnel, as determined by the
agency head, are equipped to telework in a catastrophe. With regard to
this mission critical provision, “agency” would mean an agency named
in 31 U.S.C. §901(b)(1)(2).
An agency’s COOP plan would supersede the agency’s 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
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 conducted COOP tests and exercises that incorporate
telework for essential and non-essential personnel, and (3) agencies
have used telework in responding to emergencies. The report also
would include any GSA recommendations.
Management of Telework
A Telework Managing Officer (TMO) would be appointed by each
A TMO could be appointed by each executive branch agency. The
executive branch agency head. The position would be under the
TMO would be appointed by the CHCO, or if none, by the agency
CHCO or a comparable office.
head, and be 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 than 100 full-time equivalent employees. The
agency head would certify to GSA that the salary requirement would

CRS-8
Legislative Provision
S. 1000, as ordered to be reported
H.R. 4106, as passed by the House
adversely affect agency operations.
An individual could not hold the TMO position as a noncareer
appointee, and the position could not be considered or determined to be
of a confidential, policy-determining, policy-making, or policy-
advocating character.
P.L. 108-199 and P.L. 108-447 would be amended by replacing
“Telework Coordinator” with TMO.
P.L. 108-447 would be amended by striking “designate a Telework
Coordinator” and inserting “appoint a Telework Managing Officer or
designate the Chief Human Capital Officer or other career employee to
be ....”
The TMO would develop policy for and implement the agency’s
telework programs; serve as an adviser to the agency’s leadership
The TMO would serve as: (1) an adviser to the agency head and the
(including the CHCO), a resource for managers and employees, and
CHCO on telework; (2) a resource on telework for agency supervisors,
the liaison between the agency and OPM on telework matters; and
managers, and employees; and (3) the agency’s primary liaison on
perform other duties as assigned.
telework matters for agency employees, Congress, and other agencies.
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 Comptroller General (CG) and to the
Administrator of GSA such information as the CG may require to
prepare the required annual reports; (5) establish a system for receiving
feedback from employees on the agency’s 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-9
Legislative Provision
S. 1000, as ordered to be reported
H.R. 4106, as passed by the House
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.
Report to Congress
The OPM Director would submit a report on executive branch agency
No similar provision
telework programs to the Senate Committee on Homeland Security
and Governmental Affairs and the House Committee on Oversight and
Government Reform and provide a copy of the report to the CG and
OMB.
The report would include (1) each agency’s telework policy, measures
in place to carry out the policy, and the agency’s analysis of employee
participation in telework during the preceding 12-month period; (2) an
assessment of each agency’s progress in maximizing telework
opportunities for 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 in telework; the
number of employees who were not authorized, willing, or able to
telework and the reasons why not; the extent to which barriers to
telework have been identified and eliminated; and best practices
among agency telework programs.
The report would be submitted no later than 18 months after the act’s

CRS-10
Legislative Provision
S. 1000, as ordered to be reported
H.R. 4106, as passed by the House
enactment and annually thereafter.
Executive Branch Agency
Each executive branch agency manager would submit a report to the
No similar provision
Reports
agency’s 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 telework.
The report would be submitted within 180 days after an agency’s
telework policy is established and annually thereafter.
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 agency’s efforts to promote telework.
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.

CRS-11
Legislative Provision
S. 1000, as ordered to be reported
H.R. 4106, as passed by the House
Executive Branch Agency
An executive branch agency would be in compliance with the act if
The CG, as discussed below, would evaluate each executive branch
Compliance
each employee participating in telework regularly performs officially
agency’s compliance with the act.
assigned duties at home or other worksites geographically convenient
to his or her residence during at least 20% of each pay period that the
employee performs officially assigned 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.
Legislative Branch
Senate. The Senate Committee on Rules and Administration, in
No similar provision
Telework
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 after the act’s
enactment.
Each employing authority that is included under the guidelines would
submit a telework policy for applicable employees to the Senate
Committee on Rules and Administration 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,

CRS-12
Legislative Provision
S. 1000, as ordered to be reported
H.R. 4106, as passed by the House
would establish guidelines for a policy under which House 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 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 been established.
Legislative Branch Agencies. Identified as the Government
Accountability Office, the Library of Congress, the Government
Printing Office, the Capitol 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
Compliance.
Each legislative branch agency head would establish a policy under
which the agency’s respective employees (except those employees
who have been designated by the agency head as not eligible) could
be authorized 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 established for the executive branch.

CRS-13
Legislative Provision
S. 1000, as ordered to be reported
H.R. 4106, as passed by the House
Nothing in the act would be construed as requiring the application of
the provisions discussed prior to this section on “Legislative Branch
Telework” to any policy on telework established for the legislative
branch.
Role of the CG
No similar provision
The CG would establish a 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 Affairs and the House
Committee on Oversight and Government Reform that would evaluate
each agency’s 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
week on a regular basis, determined based on time spent actually
teleworking; and (3) who teleworked an average of at least 20% of the
hours that they worked in every two administrative workweeks,
determined 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 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 telework’s impact (if any) on an agency’s recruitment and retention

CRS-14
Legislative Provision
S. 1000, as ordered to be reported
H.R. 4106, as passed by the House
of employees and on the performance of an agency’s employees, and
the level of employee satisfaction with an agency’s telework policies,
based on feedback, also would be included in the report.
The CG also would evaluate the 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.
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 telework).
Sources: The texts of S. 1000, amendment in the nature of a substitute, provided to CRS by the Senate Subcommittee on Oversight of Government Management, the Federal Workforce,
and the District of Columbia, and H.R. 4106, as passed by the House of Representatives, from the Legislative Information System of the Congressional Research Service.
Note: “Executive branch agency” is defined as an executive department, government corporation, or independent establishment (5 U.S.C. §105), except as defined for continuity of
operations purposes in H.R. 4106.