For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34516 ------------------------------------------------------------------------------ Order Code RL34516 Telework Legislation Pending in the 110th 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 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. 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 110th 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]. CRS-2 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; 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 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. CRS-3 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 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 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. CRS-4 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 H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House to S. 3268 Definition of Telework A work arrangement in which an A work arrangement under Same as S. 1000 employee regularly performs which an employee regularly officially assigned duties at performs the duties and home or other worksites responsibilities of his or her geographically convenient to the position, and other authorized residence of the employee during activities, from home or at least 20% of each pay period another worksite removed from that the employee is performing the employee's regular place of officially assigned duties. employment. Telework would occur at least 20% of the hours worked in every two administrative workweeks. Executive Branch Within 180 days after the act's Within 180 days after the act's Same as S. 1000 Telework enactment, the head of each enactment, the head of each executive branch agency would executive branch agency would establish a telework policy, establish a policy under which determine the eligibility of employees would be authorized employees to participate in to telework. telework, and notify all 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). CRS-6 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House to S. 3268 Provisions on Employee The telework policy would The employees who are Same as S. 1000 Participation in Telework ensure that telework does not authorized to telework would diminish employee performance be allowed to do so to the or agency operations. maximum extent possible without diminishing employee performance or agency operations. An agency manager and an Nothing in the act would be employee authorized to telework considered to require an would sign a written agreement agency head to authorize before participation in telework telework for an employee could occur. whose duties and responsibilities require daily If the employee's performance access to classified does not comply with the written information, daily face-to-face agreement, he or she may not be contact with members of the authorized to telework. public or other persons, or the use of equipment at the employee'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 official An agency head could duties require daily physical temporarily deny permission presence involving equipment or for an employee to telework the handling of secure materials upon determination that the would not be eligible to employee is needed to respond telework, except in emergency to an emergency or requires situations, as determined by the additional training, or if the agency head. denial is necessary, for a specific period of time, to CRS-7 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House 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 agency's telework policy An agency could permit an would determine the use of employee to telework as part of telework as part of continuity of a COOP plan. operations (COOP) plans for emergency situations. Training and Monitoring The head of each executive The head of each executive Same as S. 1000, except branch agency would ensure that branch agency would ensure uses phrase "eligible to employees eligible to telework that appropriate training is participate in the telework and managers of employees who provided to supervisors and program of the agency." telework receive an interactive managers and to all employees training program on telework. who are authorized to telework. No distinction would be made No distinction would be made between those employees who between those employees who telework and those who do not telework and those who do not for purposes of performance for 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 H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House to S. 3268 Role of OPM and GSA Each executive branch agency GSA, in coordination with Same as S. 1000 would consult with OPM in OPM, would provide advice, developing telework policies. assistance, and, to the extent necessary, training, to OPM would provide policies and executive agencies, on guidance on pay and leave, questions of eligibility, agency closure, performance including considerations management, official worksite, relating to employee recruitment and retention, and performance and making accommodations for employees telework part of the agency's with disabilities during telework. (including individual supervisor's and manager's) OPM would consult with the goals. GSA, in coordination Federal Emergency Management with the Office of Management Agency (FEMA) on policies and and Budget (OMB) and the guidance for telework during National Institute of Standards COOP and long-term and Technology (NIST), would emergencies. prescribe regulations, within 120 days after the act's OPM would consult with the enactment, to ensure the GSA on policies and guidance adequacy of information and on telework centers and travel, security protections for technology, equipment, and information and information dependent care during telework. systems used in, or otherwise The Stevens proposed affected by, telework. The amendment does not regulations would be consistent include "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 H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House 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 telecommunications capabilities used for telework purposes. OPM would maintain a central GSA would maintain a central website on telework that would website on telework that would include links to information on be publicly available. The telework, announcements, OPM website would be jointly guidance, and FEMA and GSA controlled and funded by GSA guidance transmitted to OPM (to and OPM. Regulations on be posted no later than 10 telework and other information business days following that GSA and OPM consider submission). appropriate would be included on the website. When an agency is operating "COOP" refers to an effort under a COOP plan, that plan within individual executive would supersede the telework departments and agencies to policy. ensure that primary mission- essential functions continue to be performed during a wide range of emergencies, CRS-10 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House 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 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 CRS-11 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House 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 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 A TMO could be appointed by Same as S. 1000 (TMO) would be appointed by each executive branch agency. each executive branch agency The TMO would be appointed head. The position would be by the CHCO, or if none, by under the CHCO or a the 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 H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House to S. 3268 than 100 full-time equivalent employees. The agency head would certify to GSA that the salary requirement would 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 P.L. 108-447 would be would be amended by replacing amended by striking "designate "Telework Coordinator" with a Telework Coordinator" and TMO. inserting "appoint a Telework Managing Officer or designate the Chief Human Capital Officer or other career employee to be ...." The TMO would develop policy The TMO would serve as: (1) for and implement the agency's an adviser to the agency head telework programs; serve as an and the CHCO on telework; (2) adviser to the agency's a resource on telework for leadership (including the agency supervisors, managers, CHCO), a resource for managers and employees; and (3) the and employees, and the liaison agency's primary liaison on between the agency and OPM on telework matters for agency CRS-13 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House to S. 3268 telework matters; and perform employees, Congress, and other duties as assigned. 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-14 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House 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. Report to Congress The OPM Director would submit No similar provision Same as S. 1000 a report on executive branch agency 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 CRS-15 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House 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 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 enactment and annually thereafter. CRS-16 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House to S. 3268 Executive Branch Agency Each executive branch agency No similar provision Same as S. 1000 Reports manager would submit a report to the 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. CRS-17 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House 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 Agency An executive branch agency The CG, as discussed below, Same as S. 1000 Compliance would be in compliance with the would evaluate each executive act if each employee branch agency's compliance participating in telework with the act. regularly performs officially 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. CRS-18 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House to S. 3268 Legislative Branch Senate. The Senate Committee No similar provision No similar provision Telework on 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 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, 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 H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House 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 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 CRS-20 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House 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 established for the executive branch. 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 No 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 H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House to S. 3268 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 CRS-22 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House 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 telework's impact (if any) on an agency's recruitment and retention 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. CRS-23 Proposed Senate H.R. 4106, as passed Legislative Provision S. 1000, as reported Amendments by the House 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 telework). Sources: The texts of S. 1000, as reported, and H.R. 4106, as passed by the House of Representatives, from the Legislative Information System of the Congressional Research Service. The texts of the proposed Senate amendments to S. 3268 (S.Amdt. 5135 and S.Amdt. 5160) from Congressional Record, daily edition, vol. 154, July 24, 2008, pp. S7340-7341 and S7382-7383. 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. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL34516