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.”
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