89–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 111–535 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1722) TO IMPROVE 

TELEWORKING IN EXECUTIVE AGENCIES BY DEVELOPING A TELEWORK 

PROGRAM THAT ALLOWS EMPLOYEES TO TELEWORK AT LEAST 20 PERCENT OF THE HOURS WORKED IN EVERY 2 ADMINISTRATIVE WORKWEEKS, AND FOR OTHER PURPOSES 

JULY 13, 2010.—Referred to the House Calendar and ordered to be printed 

Mr. MCGOVERN, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 1509] 

The Committee on Rules, having had under consideration House 

Resolution 1509, by a record vote of 6 to 2, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1722, the 

‘‘Telework Improvements Act of 2009,’’ under a closed rule. The resolution provides one hour of general debate equally divided and 

controlled by the chair and ranking minority member of the Committee on Oversight and Government Reform. The resolution 

waives all points of order against consideration of the bill except 

those arising under clause 9 or 10 of rule XXI. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Oversight and Government Reform, now printed in the bill, modified by the amendment printed 

in this report, shall be considered as adopted and the bill, as 

amended, shall be considered as read. The resolution waives all 

points of order against provisions in the bill, as amended. This 

waiver does not affect the point of order available under clause 9 

of rule XXI (regarding earmark disclosure). The resolution provides 

one motion to recommit with or without instructions. The resolution tables House Resolution 1496. 

EXPLANATION OF WAIVERS

Although the rule waives all points of order against consideration 

of the bill (except for those arising under clause 9 and 10 of rule 

XXI), and all points of order against the bill, as amended, the Committee is not aware of any points of order against the bill, as 


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amended, or its consideration. The waivers are prophylactic in nature. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 459 

Date: July 13, 2010. 

Measure: H.R. 1722. 

Motion by: Mr. Dreier. 

Summary of motion: To report an open rule. 

Results: Defeated 2–6. 

Vote by Members: McGovern—Nay; Matsui—Nay; Arcuri—Nay; 

Pingree—Nay; Polis—Nay; Dreier—Yea; Foxx—Yea; Slaughter— 

Nay. 

Rules Committee record vote No. 460 

Date: July 13, 2010. 

Measure: H.R. 1722. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for amendments #1, #2, and #3 offered by Rep. Issa to be 

separately debated for 10 minutes each. Amendment #1 would 

eliminate the requirement that each agency create a Telework 

Managing Officer position; amendment #2 would strike the 

‘Telework Research’ section from the bill and would eliminate the 

requirement that the Director of OPM enter into a contract to conduct studies related to the utilization of telework; and amendment 

#3 would provide that telework policies shall not be subject to collective bargaining. 

Results: Defeated 2–6. 

Vote by Members: McGovern—Nay; Matsui—Nay; Arcuri—Nay; 

Pingree—Nay; Polis—Nay; Dreier—Yea; Foxx—Yea; Slaughter— 

Nay. 

Rules Committee record vote No. 461 

Date: July 13, 2010. 

Measure: H.R. 1722. 

Motion by: Mr. McGovern. 

Summary of motion: To report the rule. 

Results: Adopted 6–2. 

Vote by Members: McGovern—Yea; Matsui—Yea; Arcuri—Yea; 

Pingree—Yea; Polis—Yea; Dreier—Nay; Foxx—Nay; Slaughter— 

Yea. 

SUMMARY OF AMENDMENT TO BE CONSIDERED AS ADOPTED

Would exclude employees who have been disciplined for certain 

activities from teleworking, require OMB to issue guidelines to prevent inappropriate use of official time or resources for certain activities, limit the travel expenses test programs to telework programs, and make technical and clarifying changes. OMB is required under the amendment to issue guidelines to prevent inappropriate use of official time or resources that violates subpart G 


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of the Standards of Ethical Conduct for Employees of the Executive 

Branch by viewing, downloading, or exchanging pornography. Also, 

the amendment would add language providing that the legislation 

does not authorize telework for an employee who has been officially 

disciplined for violations of the Standards of Ethical Conduct for 

Employees of the Executive Branch for viewing, downloading, or 

exchanging pornography. 

TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED

Page 5, strike lines 7 through 10 and insert the following: 

‘‘(B) that information on whether a position is eligible for 

telework is included in descriptions of available positions 

and recruiting materials.’’. 

Page 6, line 6, strike ‘‘or’’. 

Page 6, line 9, strike the period and insert ‘‘; or’’. 

Page 6, insert after line 9 the following: 

‘‘(3) authorize telework by an employee who has been officially disciplined for violations of subpart G of the Standards 

of Ethical Conduct for Employees of the Executive Branch for 

viewing, downloading, or exchanging pornography, including 

child pornography.’’. 

Page 7, line 16, strike ‘‘PROMULGATION OF REGULATIONS BY’’ and 

insert ‘‘RESPONSIBILITIES OF’’. 

Page 8, line 4, strike ‘‘such as considerations relating to employee 

performance’’ and insert ‘‘such as the effect of employee performance on eligibility’’. 

Page 9, line 1, strike ‘‘in, or otherwise affected by,’’ and insert 

‘‘while’’. 

Page 9, line 12, strike ‘‘and’’. 

Page 9, line 15, strike the period and insert ‘‘; and’’. 

Page 9, insert after line 15 the following: 

‘‘(6) to prevent inappropriate use of official time or resources 

that violates subpart G of the Standards of Ethical Conduct for 

Employees of the Executive Branch by viewing, downloading, 

or exchanging pornography, including child pornography.’’. 

Page 18, strike line 3 and all that follows through page 20, line 

7 and insert the following: 

SEC. 4. AUTHORITY FOR TELEWORK TRAVEL EXPENSE TEST PROGRAMS. 

(a) IN GENERAL.—Subchapter I of chapter 57 of title 5, United 

States Code, is amended by adding at the end the following: 

‘‘§ 5711. Authority for telework travel expense test programs 

‘‘(a)(1) Notwithstanding any other provision of this subchapter, 

under a test program which the Administrator of General Services 

determines to be in the interest of the Government and approves, 

an employing agency may pay through the proper disbursing official any necessary travel expenses in lieu of any payment otherwise 

authorized or required under this subchapter for employees participating in a telework program. Under an approved test program, an 

agency may provide an employee with the option to waive any payment authorized or required under this subchapter. An agency 

shall include in any request to the Administrator for approval of 


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such a test program an analysis of the expected costs and benefits 

and a set of criteria for evaluating the effectiveness of the program. 

‘‘(2) Any test program operated under this section shall be designed to enhance cost savings or other efficiencies that accrue to 

the Government. 

‘‘(3) Under any test program operated under this section, if an 

agency employee voluntarily relocates from the pre-existing duty 

station of that employee, the Administrator may authorize the employing agency to establish a reasonable maximum number of occasional visits to the pre-existing duty station before that employee 

is eligible for payment of any accrued travel expenses by that agency. 

‘‘(4) Nothing in this section is intended to limit the authority of 

any agency to conduct test programs. 

‘‘(b) The Administrator shall transmit a description of any test 

program approved by the Administrator under this section, and the 

rationale for approval, to the appropriate committees of the Congress at least 30 days before the effective date of the program. 

‘‘(c)(1) An agency authorized to conduct a test program under this 

section shall provide to the Administrator, the Telework Managing 

Officer of that agency, and the appropriate committees of Congress 

a report on the results of the program not later than 3 months 

after completion of the program. 

‘‘(2) The results in a report described under paragraph (1) may 

include— 

‘‘(A) the number of visits an employee makes to the pre-existing duty station of that employee; 

‘‘(B) the travel expenses paid by the agency; 

‘‘(C) the travel expenses paid by the employee; or 

‘‘(D) any other information the agency determines useful to 

aid the Administrator, Telework Managing Officer, and Congress in understanding the test program and the impact of the 

program. 

‘‘(d) No more than 10 test programs under this section may be 

conducted simultaneously. 

‘‘(e) The authority to conduct test programs under this section 

shall expire 7 years after the date of the enactment of the Telework 

Improvements Act of 2010. 

‘‘(f) In this section, the term ‘appropriate committees of Congress’ 

means the Committee on Oversight and Government Reform of the 

House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.’’. 

(b) CLERICAL AMENDMENT.—The table of sections for subchapter 

I of chapter 57 of title 5, United States Code, is amended by adding 

at the end the following: 

‘‘Sec. 5711. Authority for telework travel expense test programs’’. 

Æ 


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