Telework in the Federal Government: Background, Policy, and Oversight

Congressional research reportApr 3, 2002

Ask Donna

What actually matters in this document.

Text

Order Code RL30863

CRS Report for Congress

Received through the CRS Web

Telework in the Federal Government:

Background, Policy, and Oversight

Updated April 3, 2002

name redacted and name redacted

Analysts in American National Government

Government and Finance Division

Congressional Research Service ˜ The Library of Congress

Telework in the Federal Government:

Background, Policy, and Oversight

Summary

Advances in information and computer technology; the development of the

Internet; and the explosion of wireless and digital products, including powerful

laptops, hand-held electronic devices, and remote work-access capabilities, have given

some federal employees the ability to telework — work anytime from almost

anyplace. Telework emerged as an option for the federal workforce over the last

decade. Management considerations, such as productive and satisfied workers;

environmental considerations, such as reduced traffic congestion and improved air

quality; and quality of life considerations, such as accommodating the short- or longterm health problems or family responsibilities of employees, have been offered as

justification for telework programs. Some believe that the September 11, 2001

terrorist attacks on the World Trade Center and the Pentagon, and the discovery of

anthrax in Washington, DC, and other cities have fundamentally changed the

workplace and demonstrated the practical application of telework to the continued

operation of the government. Issues of security, crisis management, disaster recovery,

and remote access to office computer systems are prompting some federal executive

and legislative branch agencies and their employees to expand existing telework

programs or to consider telework, although in many cases, how to implement

telework remains unclear.

Reservations about telework include managerial concerns about maintaining

performance and productivity in the office or organization with fewer workers at the

central site; the security of government records and the use of software licensed to the

government on computers at the alternative work sites; and the availability of funding

to provide necessary support for employees to work away from the main office. The

Office of Personnel Management (OPM) reported in January 2002 that 74,487 federal

employees telecommute. It is not known how many legislative branch staff telework.

According to the Administrative Office of the U.S. Courts, the judicial branch does

not currently have any teleworkers. Policies on telework are evolving. General

policies and guidance on telework programs in the executive branch have been

established by the General Services Administration and OPM. Although there are no

corresponding entities in the legislative branch, a comparison of the policies and

guidance for existing telework programs in this branch indicate that they are quite

similar to those in the executive branch. Among the factors that reportedly contribute

to successful telework experiences are top management support, a clear telework

agreement that includes expectations and measurable goals, and accountability and

performance results.

Congress may remain interested in the issue of federal telework. Section 359 of

P.L. 106-346 directs executive agencies to establish policies under which eligible

employees could telecommute. The House Subcommittee on Technology and

Procurement Policy conducted hearings in March and September 2001 on telework.

This report discusses telework in the federal government, including background,

views on telework, policy, implementation within the executive and legislative

branches, and future considerations.

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

Early History . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

1980s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

1990s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

Coordinated Efforts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

Condition of the Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Demands on the Transit System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Traffic Congestion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Views on Telework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Positive Views . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

Telework in the Aftermath of September 11, 2001 . . . . . . . . . . . . . . 10

Reservations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Tasks and Positions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Equity and Morale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Productivity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Staff Work Style and Turnover . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Impact on Organizational Culture . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Ground Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

Working Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Performance Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

Executive Branch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

OPM Report to Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

House Committee on Appropriations . . . . . . . . . . . . . . . . . . . . . . . . 19

Telework Issues Working Group . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

International Telework . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

Telecenters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

U.S. Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27

Members of Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

State and District Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

House of Representatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Office of the Chief Administrative Officer (CAO) . . . . . . . . . . . . . . . 33

House Sergeant at Arms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Senate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

Senate Sergeant at Arms (SAA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Legislative Branch Support Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Architect of the Capitol (AOC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

Congressional Budget Office (CBO) . . . . . . . . . . . . . . . . . . . . . . . . . 34

General Accounting Office (GAO) . . . . . . . . . . . . . . . . . . . . . . . . . . 35

Library of Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

107th Congress Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Oversight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Managing Telework Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Office of Personnel Management . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

General Services Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Federal Railroad Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

National Industries for the Severely Handicapped . . . . . . . . . . . . . . . 39

American Telephone and Telegraph . . . . . . . . . . . . . . . . . . . . . . . . . 39

Washington Metropolitan Telework Centers . . . . . . . . . . . . . . . . . . . 39

Public and Private Approaches to Telework . . . . . . . . . . . . . . . . . . . . . . . 40

General Accounting Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Office of Personnel Management . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

General Services Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

Information Technology Association of America . . . . . . . . . . . . . . . 41

Siemens Enterprise Networks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

CarrAmerica . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

Future Considerations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Security and Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

Health and Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

Telework in the Federal Government:

Background, Policy, and Oversight

Introduction

Telework, working away from the traditional office, dates from the early 1930s,

was publicly advocated in the early 1960s and late 1970s, and emerged as an option

for the federal workforce over the last decade. Advances in information and

computer technology; the development of the Internet; and the explosion of wireless

and digital products, including powerful laptops, hand-held electronic devices, and

remote work-access capabilities, have given some federal employees the ability to

work anytime from almost anyplace. The employee’s home, a telework center, a

client’s office, or an automobile may serve as the alternative worksite. Telework is

also referred to as flexiplace, telecommuting, alternate work location, or alternative

worksite, and these terms are used interchangeably in this report.

Management considerations, such as productive and satisfied workers;

environmental considerations, such as reduced traffic congestion and improved air

quality; and quality of life considerations, such as accommodating the short or longterm health problems or family responsibilities of employees, are often cited as

benefits of establishing telework programs.

The practical application of telework to the continued operation of the

government is being examined in the aftermath of the September 11, 2001 terrorist

attacks on the World Trade Center and the Pentagon, and the discovery of anthrax

in Washington, DC, and other cities. Federal executive and legislative branch

agencies and their employees are considering telework to help address issues of

security, crisis management, disaster recovery, and remote access to office computer

systems. Some advocates say that telework could have an important role in an

agency’s emergency preparedness plans. In their view, having people with different

areas of expertise (such as budget/financial, human resources, information technology)

teleworking or prepared to telework could help ensure that in the event of a serious

disruption of work at the main headquarters, teleworking staff could perform essential

agency functions.

Reservations about telework include managerial concerns about maintaining

performance and productivity in the office or organization with fewer workers at the

central site; the security of government records and the use of software licensed to the

government on computers at the alternative work sites; and the availability of funding

to provide necessary support for employees to work away from the main office.

These issues will require continuous evaluation as decisions are made on the extent

to which telework programs might be implemented in the executive and legislative

branches.

CRS-2

General policies and guidance on the implementation of telework programs in

the executive branch have been established by the General Services Administration

(GSA) and the Office of Personnel Management (OPM).1 Although the legislative

branch has no corresponding entities, a comparison of the policies and guidance for

this branch (where telework programs exist) indicate that they are quite similar to

those of the executive branch.2 GSA reported that about 26,000 executive branch

employees (less than 1% of the total executive branch workforce3) were teleworking

as of October 1999.4 OPM reported in January 2002 that 74,487 federal employees

telecommute.5 It is not known how many legislative branch staff telework. According

to the Administrative Office of the U.S. Courts, the judicial branch does not currently

have any teleworkers.6

Because Congress maintains a high level of interest in the productivity of the

federal workforce, it is expected to monitor the implementation and evaluation of

telework programs in the federal government. Section 359 of the Department of

Transportation Appropriations Bill for FY2001 (P.L. 106-346), which was signed by

the President on October 23, 2000, includes a provision directing executive agencies

to establish policies under which eligible employees could telecommute to the

U.S. General Services Administration, Implementation Manual for Telecommuting/

Telework, available on the Internet at [http://policyworks.gov/org/main/mp/library/policydocs/

mworkplce.htm]; U.S. Office of Personnel Management, Telework/Telecommuting, available

on the Internet at [http://www.opm.gov/wrkfam/telecomm/telecomm.htm], both Web sites

visited Dec. 17, 2001. On July 5, 2001, GSA and OPM launched an Interagency Telework/

Telecommuting Site, [http://www.telework.gov/], visited Dec. 17, 2001, which has links to

the Web sites of both agencies as well as guidance and policies from other agencies, including

the Occupational Safety and Health Administration (OSHA).

A formally established telework program is distinct from other personnel policies for work

at home that already may have been implemented by individual entities in both the executive

and legislative branches.

OPM reported that the executive branch civilian workforce totaled 2,640,859 as of May 2001

(most current data available). See: U.S. Office of Personnel Management, Federal Civilian

Workforce Statistics; Employment and Trends as of May 2001 (Washington: OPM, 2001),

p. 12.

Kellie Lunney, “Managers Still Tepid About Telecommuting,” July 26, 2000. Available on

the Internet at [http://www.govexec.com/news/], visited Dec. 17, 2001. In Oct. 1998, OPM

reported that there were 24,889 federal teleworkers in 42 federal departments and agencies.

See: U.S. Office of Personnel Management, Memorandum for Directors of Personnel, from

Steven R. Cohen, Director, Office of Workforce Relations, Nov. 20, 1998.

U.S. Office of Personnel Management, Report to the Congress; The Status of Telework in

the Federal Government (Washington: OPM, Jan. 2002), p. 6.

In its December 1995 Long-Range Plan for the Federal Courts, the Judicial Conference of

the United States recommended that “Working conditions for court support personnel should

be progressive and make provision for,” among other things, “flexible work arrangements.”

According to the Administrative Office of the U.S. Courts, its staff have attended seminars

on telework. It is not aware of any judicial employees who are currently teleworking.

(Telephone conversation with the Administrative Office, Dec. 5, 2000.)

CRS-3

maximum extent possible and without diminished performance.7 OPM submitted a

report to Congress on agency compliance in January 2002. Conference report

language on the provision directs OPM to evaluate the program and report to

Congress within one year.8 A Telework Issues Working Group has been established

in the executive branch to facilitate the implementation of the law’s provisions and to

determine what further guidance or legislation are needed.

In the legislative branch, the House of Representatives established a

telecommuting policy in October 1999 that is available for use by employing offices.9

While the Senate does not have a Senate-wide policy, the Senate Sergeant at Arms

office established a policy for that office in October 1998. Two legislative branch

support agencies — the Congressional Budget Office (alternate work location) and

the General Accounting Office (flexiplace) — also have implemented telework

policies. The Library of Congress is in the last stages of implementing a pilot

teleworking program.

Background

Early History

Noteworthy in the early history of telework are these occurrences:

As early as 1934 when the NCUA [National Credit Union Administration] was the

Federal Credit Union Bureau, credit union examiners conducted their examinations

at credit union sites and then completed their reports at home. Neither the NCUA

nor its predecessor provided office space for credit union examiners.... [T]he

NCUA implemented a work-at-home program for its auditors that is still operating

successfully.

The earliest effort to generate a Federal telework program, however, appears to

have occurred in the early 60's when Jack Nilles, commonly considered to be the

father of telework, began teleworking from Los Angeles to Washington, DC while

working as a consulting rocket scientist to the U.S. Air Force Space Program.

Inspired by this experience, Nilles coined both the words “telecommuting” and

“teleworking” in 1973.

The first person to generate Federal experimentation with telework was Frank

Schiff. At the time, Schiff was Vice President and Chief Economist for the

P.L. 106-346, section 359, Oct. 23, 2000, 114 Stat. 1356.

U.S. Congress, Conference Committees, 2000, Making Appropriations for the Department

of Transportation and Related Agencies for the Fiscal Year Ending September 30, 2001, and

for Other Purposes, conference report to accompany H.R. 4475, H.Rept. 106-940, 106th

Cong., 2nd sess. (Washington: GPO, 2000), p. 151. (Hereafter cited as H.Rept. 106-940.)

In accordance with House Administration Committee resolution 106-1-21, adopted Oct. 21,

1999.

CRS-4

Committee for Economic Development.10 In 1979, Schiff published an article in

the Washington Post in which he challenged the Federal Government to look at

management practices, union rules, and Federal laws and regulations in an effort

to facilitate working at home as a means of improving productivity, saving costs,

and saving energy (this was at the height of the energy crisis ...). During that same

time, Schiff coined the term “Flexiplace” to encompass not only work-at-home but

also such other flexible location arrangements as satellite work centers.... [I]n

contrast to such terms as “telecommuting,” [flexiplace] stressed increased

flexibility in the location of work, whether or not this is based on the use of

telecommunications equipment.11

1980s

Among other early examples of telework were a 1980 experiment at an Army

facility in St. Louis and a 1989 flexiplace pilot study lasting six months at the

Environmental Protection Agency’s (EPA’s) Research Triangle Park, North Carolina

facility. The Army project was discontinued when “[d]espite the fact that the program

performed successfully (project manager evaluations), an army audit team concluded

that the potential benefits were exceeded by the risks of fraud and abuse.” The final

report on the EPA pilot “was generally positive about the feasibility of Flexiplace

arrangements.”12 When the Loma Prieta earthquake severely damaged EPA’s offices

in San Francisco, California, on October 17, 1989, the agency “responded by

establishing an auxiliary command post for 80 employees and work-at-home

arrangements for the remaining 700+ workers.”13 In 1989, GSA found that “[a]

substantial number of Federal agencies were already utilizing informal, as-needed

telework arrangements that were established typically on a case-by-case (individual

employee) basis.”14

1990s

Over the last decade, telework has emerged as an option for managing the

federal workforce. “Beginning as early as 1990 and continuing throughout the

evolution of Federal telework, the program has enjoyed bi-partisan political support

from both the executive and legislative branches of government,” according to the

According to its Internet Web site, “the Committee for Economic Development (CED) is an

independent, nonpartisan organization of business and education leaders dedicated to policy

research on the major economic and social issues of our time and the implementing of its

recommendations by the public and private sectors.” The Web site is [http://www.ced.org],

visited Dec. 17, 2001.

U.S. General Services Administration, Evaluation and Innovative Workplaces Division

Office of Real Property, Office of Governmentwide Policy, The Evolution of Telework in the

Federal Government, by Wendell Joice (Washington: GSA, Feb. 2000), pp. 7-8, 11.

(Hereafter cited as Evolution of Telework.)

Ibid., p. 9.

Ibid., p. 10.

Ibid., pp. 6-7. See also T. N. Cowley and W. H. Joice, Informal Work-at-Home

Arrangements in the Federal Government (Washington: GSA, 1989). Unpublished.

CRS-5

GSA study.15 In 1990, the President’s Council on Management Improvement

approved plans and guidance to implement a pilot flexiplace program

governmentwide. By January 1993, OPM had encouraged agency use of flexiplace

and provided implementation guidance.16 Presidential memorandums in 1994 and

1996 affirmed flexible work arrangements as contributing to the creation of a familyfriendly workplace. GSA and the Department of Transportation continue to

coordinate a national telework initiative (NTI), begun in January 1996 by the

President’s Management Council, to encourage an increase in the number of federal

teleworkers. The NTI set a goal of having 160,000 federal employees participating

in telework by the end of 2002. Its earlier goal to have 60,000 teleworkers by

October 1998 was not met, and both GSA and Transportation are seeking to improve

the initiative.17 Recent legislative provisions on telework are discussed in the

Implementation section below.

In the late 1990s, Senate/House discussions about telecommuting resulted in

three legislative branch entities — the Office of the Chief Administrative Officer, the

Office of the Senate Sergeant at Arms, and the Congressional Budget Office —

adopting telecommuting policies. Earlier, in June 1994, the General Accounting

Office established a flexiplace policy. Each Member’s office, committee and House

administrative office constitutes a separate employing authority. Therefore, no

legislative branch entity has central authority or jurisdiction to set policy for the entire

legislative branch.18 The House and the Senate each set their own chamber rules,

policies, and practices. Further, within each chamber, each Member’s office sets its

own office policies and programs, subject to applicable rules and regulations. Subject

to the jurisdiction of certain chamber rules and oversight, House and Senate

administrative offices that are separate employing offices may also set their own

policies and programs that include telework.

Coordinated Efforts

The federal government, as well as state and local governments, have increased

efforts to work with private businesses19 to promote telework.20 On October 24,

Evolution of Telework, p. 14.

U.S. Office of Personnel Management, Telework/Telecommuting, available on the Internet

at [http://www.opm.gov/wrkfam/telecomm/telecomm.htm], visited Dec. 17, 2001.

For further information on the history of telework, see Evolution of Telework, especially pp.

11-21.

There is no single formal policy on telecommuting for all legislative branch entities. The

House and Senate have encouraged the Librarian of Congress to look at the feasibility of a

telecommuting program, which is discussed later in this report. Melanie Fonder,

“Telecommuting Gives Hill Staffers Flexibility,” The Hill, Oct. 27, 1999, p. 28.

The Subcommittee on Oversight and Investigations of the House Committee on Education

and the Workforce published an August 1999 report on the American worker, which included

a section on telework, and conducted an October 1999 hearing on telework in the United

States. See U.S. Congress, House Committee on Education and the Workforce,

Subcommittee on Oversight and Investigations, American Worker Project: Securing the

(continued...)

CRS-6

2000, Telework America Day, the First Annual Washington Area Conference on

Telework, was held. Co-sponsored by the Metropolitan Washington Council of

Governments (MWCOG), the Fairfax County Government, and the International

Telework Association and Council (ITAC), the conference drew over 400 non-profit,

government, and business leaders who met to discuss issues and objectives and

promote telework in the Washington region. The conference focused on telework as

a possible solution to such issues as the area’s growing problems with traffic

congestion and air quality, employees’ balancing of work and family life, and hiring

and retaining skilled workers. MWCOG adopted a resolution setting a goal to expand

telework so that 20% of the area’s workforce would be working at home at least once

a week by 2005.21 A soon to be released MWCOG study on commuter trends reports

that 15% of the workforce in the metropolitan Washington area teleworks at least one

day a week, up from 12% reported in a similar survey in 1998.22 A telework

symposium on business continuity through telework, sponsored by the Metropolitan

Washington Council of Governments (MWCOG) and the Mid-Atlantic Telework

Advisory Council (MATAC), is scheduled for April 9, 2002.

In support of expanding telework, then Secretary of Transportation Rodney

Slater reportedly urged all cabinet departments to help MWCOG meet its 2005 goals.

According to Secretary Slater, “The number of telecommuters in the region could

increase to 68,000,” and telework “would make a tremendous contribution to reduced

air pollution and congestion.”23 Additionally, some maintain that telework could

alleviate certain stresses and demands on the nation’s infrastructure and transit

(...continued)

Future of America’s Working Families, subcommittee report, 106th Cong., 1st sess.

(Washington [1999]); and U.S. Congress, House Committee on Education and the Workforce,

Subcommittee on Oversight and Investigations, Telework: The Impact on Workplace Policy

in the United States, hearing, 106th Cong., 1st sess., Oct. 28, 1999. Unpublished. Available

on the Internet at [http://edworkforce.house.gov/hearings/106th/oi/oihearings.htm], visited

Dec. 17, 2001. See also: Christine Avery and Diane Zabel, The Flexible Workplace; A

Sourcebook of Information and Research (Westport, CT: Quorum Books, 2000);

International City/County Management Association, Telecommuting Program, 1993,

available on the Internet at [http://www.icma.org/], visited Dec. 17, 2001; J. M. Martino,

Work-Life Initiatives in a Global Context, June 29, 1999, available on the Internet at

[http://www.conference-board.org/], visited Dec. 17, 2001.

The City of Rockville, Maryland has developed a telecommuting policy, and Alexandria,

Virginia is considering legislation to encourage employees to work from home. Fairfax

County, Virginia government officials have set a goal to have 900 of the county’s 10,000

employees working at home at least one day a week by 2005. See Michael D. Shear,

“Telecommuting Hits Home as Way To Relieve Gridlock; Area Officials Vow To Move Idea

Along,” Washington Post (Loudoun Extra), Nov. 9, 2000, p. V4.

See the Metropolitan Washington Council of Governments’ Web site at

[http://www.mwcog.org/commuter/ccindex.html], visited Dec. 17, 2001.

Based on a telephone conversation with MWCOG staff on Nov. 6, 2001.

Secretary Slater’s letter to the cabinet departments was noted at the First Annual

Washington Area Conference on Telework on Oct. 24, 2000. Shear, “Telecommuting Hits

Home,” p. V4.

CRS-7

systems. Various studies that have addressed these infrastructure and transit problems

are discussed below.

Condition of the Infrastructure. On March 8, 2001, the American Society

of Civil Engineers (ASCE)24 released its 2001 Report Card for America’s

Infrastructure and gave 12 infrastructure areas a cumulative grade of “D+.” In

making this judgment, ASCE stated:

One-third of the nation’s major roads are in poor or mediocre condition, costing

American drivers an estimated $5.8 billion a year. Road conditions contribute to

as many as 13,800 highway fatalities annually. Twenty-seven percent of

America’s urban freeways — which account for 61% of all miles driven — are

congested.

To remedy these deficiencies, “ASCE estimates a needed $1.3 trillion investment

over the next five years and calls for a renewed partnership between citizens, local,

state and federal governments, and the private sector.”25

Demands on the Transit System. ASCE also graded the transit system and

gave it a “C-.” According to ASCE:

Transit ridership has increased 15% since 1995 — faster than airline or highway

transportation. Capital spending must increase 41% just to maintain the system

in its present condition.

Citing an 11% increase from July 2000 to July 2001 in Washington transit

ridership, a Washington Post editorial stated that success has its price: “To

rehabilitate equipment, buy new cars, and expand the system to handle projected

ridership, Metro officials say they need $12.3 billion by 2025. They have

commitments from Maryland, Virginia and the District for $8.6 billion—leaving a

shortfall of $3.7 billion.”26

According to the American Public Transportation Association:

transit ridership in the [Washington Metro] region grew by 13.2% last year, four

times the national average. The numbers are a transit success story: Metro

ridership has grown roughly 8 percent for three years in a row; last year Metrobus

was the fastest-growing bus system in the country.... Transit needs are only part

of the larger transportation picture for the region, of course. Overall, the Council

of Governments has estimated that existing revenues fall nearly $1.7 billion a year

short of what’s needed for highway and transit growth, rehabilitation and

maintenance over the next 25 years. In Northern Virginia alone over the next two

Representing over 123,000 civil engineers worldwide, the nonprofit ASCE was

founded in 1852 and is America’s oldest national engineering society.

See ASCE’s Web site for the full 2002 report card and March 8, 2001 press release,

available on the Internet at [http://www.asce.org/reportcard/index.cfm], visited Dec. 17, 2001.

Editorial, “Metro’s Reddest Line,” The Washington Post, Aug. 25, 2001, p. A18.

CRS-8

decades, planners have identified $30 billion worth of highway and transit needs,

of which nearly $15 billion remains unfunded.27

Up 9.5% from last year, ridership on the Washington Metro subway now ranks

second in the nation, behind that on New York’s subway system. July ridership

statistics for the Washington Metro averaged a daily 674,786 trips, the highest

number in Metro’s 25-year history. Such crowding is prompting Metro officials to

consider switching its two-by-two seats for the long benches of the New York

subway. The change in design would widen the aisle on the trains and accommodate

30 to 60 more people standing. Increasing the capacity of each rail car may obviate

the need for additional purchases of cars.28

Washington Metro is monitoring transit ridership in the aftermath of the

September 11, 2001 terrorist attacks to determine if any changes in long-term plans

are needed.

Traffic Congestion. In terms of the overall intensity and duration of traffic

congestion, Washington ranks third, just behind Los Angeles and San Francisco in

national “traffic misery.” A Texas Transportation Institute 1999 study found that in

the 68 urban areas studied, traffic cost $78 billion in lost time and wasted gas and an

average of an extra 36 hours per person stuck in traffic. According to the study,

morning and evening rush hour doubled from a combined three hours per weekday

in 1982 to almost six hours in 1999, with Washington local drivers spending “an

average of 46 hours a year delayed in traffic.” The region is “third in nation’s traffic

congestion, fourth in amount of extra time needed for a trip during rush hour and fifth

in the average amount of time each person wastes in traffic jams.”29

Views on Telework

Positive Views

To some, telework seems to be a natural progression of flexible workplace

features, including flexible work schedules and subsidies to encourage employees to

use public transportation. Various purposes or reasons are stated in support of

telework. Among those identified by GSA (OPM and the legislative branch identify

many of these as well) are the following:

Improvements in employee morale and effectiveness. [The rationale is that

telework saves time, thus contributing to a better balance between work and family

needs.]

Editorial, “Keeping Up With the Riders,” The Washington Post, April 19, 2001, p. A18.

Lyndsey Layton, “Metro Considers a Divisive Stand,” The Washington Post, Aug. 25,

2001, p. A01

Katherine Shaver, “Traffic Misery Slips — on Paper,” The Washington Post, May 8, 2001,

p. A1.

CRS-9

Reductions in transportation costs including car insurance, maintenance, and wear.

Accommodation of employees with short or long term health problems or family

responsibilities, such as problems associated with elder care and latch-key

children.

Cost savings to the Government in regard to office space, sick leave absences, and

energy conservation.30

Reduction in automobile-created air pollution and traffic congestion [and reduction

in stress caused by the latter].

Potential for increased productivity.

Improved work atmosphere due to fewer co-worker non-business interruptions.31

Those who favor telework believe that it adds a dimension of appeal to federal

service. Recruiting, hiring, and training new staff are costly in terms of both dollars

and staff time devoted to those efforts (which in turn affect the organization’s other

work). Retaining skilled staff (and their institutional memory) may be considered a

benefit. The General Accounting Office (GAO) placed “strategic human capital

management” on its January 2001 list of high risk concerns in the federal government.

The Senate Subcommittee on Oversight of Government Management, Restructuring,

and the District of Columbia of the Committee on Government Affairs, in a December

2000 report on management of the federal government’s human capital, recommended

that comprehensive workforce planning be made mandatory across the executive

branch. The subcommittee conducted a hearing on February 1, 2001 at which the

Comptroller General testified about the designation of human capital management as

a high risk area.32

Specific examples of financial savings associated with telework have been

identified. By implementing a telecommuting program in 1995 for railroad safety

inspectors in 22 field offices, the Federal Railroad Administration saved approximately

$251,929 by closing 18 field offices and reducing office space in nine others through

For an analysis of telecommuting as an energy conservation option, see CRS Report 90-524,

Telecommuting: A National Option For Conserving Oil, by (name redacted).

U.S. General Services Administration, Evaluation and Innovative Workplaces Division,

Office of Real Property, Office of Governmentwide Policy, Implementation Manual, Section

IV: Questions and Answers (Question 6). Printed from the Internet at [http://policyworks.

gov/org/main/mp/library/policydocs/manual6.htm], visited Dec. 17, 2001. Telework may also

facilitate the employment of persons who are disabled. See Wendell H. Joice, “Home Based

Employment: A Consideration for Public Personnel Management,” Public Personnel

Management, vol. 20, no. 1, 1991, pp. 49-60.

See U.S. Congress, Senate Committee on Governmental Affairs, Subcommittee on Oversight

of Government Management, Restructuring, and the District of Columbia, Report to the

President: The Crisis in Human Capital; Report Prepared by Senator George V. Voinovich,

Chairman, subcommittee report, 106th Cong., 2nd sess. (Washington: 2000), p. 46. (Hereafter

cited as The Crisis in Human Capital.)

CRS-10

FY1998.33 GSA provided a preliminary assessment of four telecenters in 1995, which

found that “telecommuters save an estimated 6,000 miles of travel annually by using

the centers one or two days a week. The corresponding time savings for a

telecommuter is some 160 hours a year and $500 a year in transportation costs.”34

Other potential savings that could accrue from telework programs can also be

identified. Employees who are teleworking on those days which are designated as

liberal or unscheduled leave could continue to work, thereby reducing the cost to the

government.35 Telework benefits to employees can translate into savings in the cost

of car maintenance, repairs, and gas.36

Federal managers are also sensitive to and considerate of the fears of employees

about working in tall, high-profile federal buildings, particularly those located in the

nation’s Capitol. A distracted and anxious workforce could adversely impact

productivity. These managers, as well as some employees, believe that telework, even

on a limited basis, could help to alleviate or ameliorate employee anxieties, and

contribute to retaining staff.37

Telework in the Aftermath of September 11, 2001. The terrorist attacks

on the World Trade Center and the Pentagon prompted OPM and GSA to remind

agencies that telework could assist their employees in recovering from the traumatic

events. The agencies jointly stated that:

During these difficult times, Federal employees in the DC Metropolitan and New

York City areas, as well as in other impacted parts of our country, are finding it

increasingly time-consuming to get to work due to road closings and increased

security precautions. OPM encourages Federal agencies and managers to make

Evolution of Telework, p. 34.

U.S. Dept. of Transportation, Successful Telecommuting Programs in the Public and

Private Sectors; A Report to Congress (Washington: U.S. Dept. of Transportation, 1997),

p. 31.

OPM estimated that a one-day closure in the Washington, DC Primary Metropolitan

Statistical Area costs $68.3 million dollars and in the entire executive branch costs $339.1

million dollars, as of November 2000. Three recent closures of federal government offices

in the Washington, DC area were Jan. 8 through 10 and Jan. 12, 1996 because of snow; Jan.

25-26, 2000 because of snow; and April 17, 2000 (limited closure or unscheduled leave)

because of the protests surrounding the World Bank and the International Monetary Fund

annual meetings. (U.S. Office of Personnel Management, Office of Congressional Relations.

Data sent to CRS by facsimile Nov. 29, 2000.) The cost of closing Senate and House offices

because of inclement weather or budget shutdown, or for other reasons, cannot be quantified,

because each office acts as its own employing office and determines the policy for staff.

The MWCOG provides a calculator to estimate monthly or annual costs of commuting on

its telework Web site at [http://www.mwcog.org/commuter/costcommute.htm], visited Dec.

17, 2001. Subtracting telework days from these estimates illustrates the possible savings to

the employee.

Based on conversation with congressional staff and committees, and news reports including

Eliza Newlin Carney, “When Working on the Hill is Hazardous,” National Journal, Oct. 27,

2001, pp. 356-357.

CRS-11

optimum use of personnel flexibilities such as telework and alternative work

schedules to help relieve traffic congestion in these areas. Furthermore, Telework

may be appropriate for employees who have experienced traumatic workplace

events such as those that occurred on September 11, 2001. In addition to relieving

traffic congestion which can reduce commuting time, telework can assist

employees who have been displaced because their federal building has been

destroyed. Agencies should work with local Federal Executive Boards and the

General Services Administration in these areas to assist in locating alternative

work sites.

Telework arrangements must be sensitive to the employee’s needs for recovery.

Teleworking can be helpful for the employee recovering from trauma if it shortens

a long, stressful commute and gives the employee more time with loved ones. On

the other hand, if not correctly designed, the telework arrangement has the

potential for making it even more difficult for an employee to recover from trauma.

Federal Employee Assistance Programs have staff who understand these issues and

can advise managers who are making decisions about telework.38

Advocates of telework believe that it would allow an organization’s or agency’s

workforce to be dispersed and decentralized so that essential functions could be

continued in emergencies. Agencies might develop telework programs that include

rotating a certain number of employees between primary and off-site locations.

During a crisis, work could continue at the off-site locations. This feature of a

telework program could be used as a trial period for certain employees or as part of

a pilot program at those agencies that have thus far been skeptical about the merits

or feasibility of telework. Backup files, electronic or otherwise, could be stored at

space leased by agencies at other locations, thereby providing for protection of those

files during emergencies such as natural disasters or terrorist attacks.

Some managers who might have been skeptical about the merits of telework

prior to the September 11, 2001 terrorist attacks and the anthrax threat might now

consider it as an important component of contingency planning. Prior to these events,

some managers might have perceived telework primarily as a benefit for the employee.

A shift in that perception could occur as managers reassess and refine their emergency

preparedness and disaster recovery plans in preparation for any future comprehensive

emergency evacuation or shutdown of buildings or operations, either temporarily or

for a longer period of time.

Congress, the President and Vice President, executive branch agencies, and the

Supreme Court provide examples of off-site work in the aftermath of September 11.

Congress. With the discovery of traces of anthrax in the Hart Senate Office

Building on October 17, 2001 and the subsequent sweep of all the buildings within the

Capitol complex to test for anthrax contamination, the telework option became

important to Members and staff of the House and Senate seeking to continue the

legislative work of Congress and the operations of the government.

U.S. General Services Administration and Office of Personnel Management, “Telework Can

Assist in the Recovery Needs of Federal Employees,” available on the Internet at

[http://www.telework.gov/recovery.htm], visited Dec. 17, 2001.

CRS-12

President and Vice President. Even before the September 11 attacks,

President George W. Bush worked wherever he was, including aboard Air Force One.

In the hours immediately following the attacks, the President continued to monitor

events and coordinate the nation’s responses on Air Force One.39 Since September

11, as a security precaution, Vice President Richard Cheney has worked periodically

at undisclosed locations away from the Old Executive Office Building and his offices

in the Capitol, conducting much of his work by telephone and videoconferencing.40

Executive Branch Agencies. Government Executive reported that at the

time of the September 11 attacks, “More than 2,800 employees worked in offices

leased by the General Services Administration in Buildings 6 and 7 at the World Trade

Center complex.” Another 25,000 federal employees who worked nearby were forced

to evacuate their offices in buildings at 26 Federal Plaza, 290 Broadway, 40 Centre

Street, and 500 Pearl Street. In the aftermath, GSA officials quickly began to locate

alternative office space for the displaced federal employees41 and “notified its

Burlington, VT supply depot to go on a 24-hour work schedule to meet agencies’

needs for furniture [and] office supplies”; and GSA’s “Federal Technology Service

made 500 computers available to agencies within two days of the attacks.”42

Supreme Court. The Supreme Court building was closed on October 26,

2001 after anthrax traces were discovered at its off-site mail facility and in the Court’s

own mail room. The Court continued its work by convening at a federal courthouse

a few blocks away at the foot of Capitol Hill. Chief Justice William H. Rehnquist

opened the proceedings by stating that “[t]his is the first time this court has met

outside our building since it opened in 1935.”43 The Supreme Court Building

reopened on November 5, 2001.

A National Geographic special that aired in July 2001 on the Public Broadcasting Service

characterized Air Force One as the “flying Oval Office” and stated that the airplane used by

President Franklin Delano Roosevelt to travel to Casablanca in 1943, the Dixie Clipper,

“helped to transform the American Presidency into a global office.” See Public Broadcasting

Service, National Geographic Special, “Air Force One,” printed from the Internet at

[http://www.pbs.org/whatson/press/jul01/ng_airforce.html], visited Dec. 17, 2001.

Edwin Chen, “Cheney Mostly Out of Sight, But Still Involved,” The Los Angeles Times,

Oct. 12, 2001, p. A3.

GSA and OPM issued joint guidance on finding alternative office space for displaced federal

employees in New York City and Washington, DC. See U.S. General Services Administration

and Office of Personnel Management, “Relocation Site Information for New York City

Federal Employees Impacted by Loss of Offices,” available on the Internet at

[http://www.telework.gov/relocation.htm], visited Dec. 17, 2001.

Tanya N. Ballard, “Horror, Then a Helping Hand,” Government Executive, vol. 33, Oct.

2001, pp. 12, 14.

Frank J. Murray, “Court Lets Virginia Law Stand From New Location,” The Washington

Times, Oct. 30, 2001, pp. A1, A12.

CRS-13

Reservations

Among the concerns of managers thinking of establishing telework programs and

the considerations of employees thinking of participating in telework programs are the

following:

Tasks and Positions. Certain tasks may be better suited to telework than

others. Among those mentioned by GSA and OPM are general planning; writing; data

analysis; reviewing files; telephone-intensive tasks (information research, setting up

meetings); and computer-oriented tasks (programming, data entry, word processing).

Additionally, telework may be appropriate particularly for completing episodic work

or projects without interruptions. Typically eligible for telework are jobs characterized

by work that: (1) is unclassified and does not require a security clearance; can be

performed off-site; lends itself to easy measurement of its products and progress; (2)

requires tools that are easily portable; (3) can be performed with the use of a

telephone, computer, and/or facsimile machine; and (4) can be performed by an

individual, rather than a group.44

Tasks that may not be suited for telework include those involving: (1) extensive

face-to-face interaction with the supervisor or other employees, or the public; (2)

supervision of other employees; (3) research that requires access to materials not

accessible electronically, or that cannot be removed from the main office site; and (4)

the use of equipment that cannot be provided by the employing office. In the

executive and legislative branches, telework may not be practical for certain staff

whose positions require close and frequent interaction with Members of Congress,

high government officials, or other staff; or responsiveness to constituent inquiries

(including office visits and telephone calls).

Equity and Morale. While some cite morale and productivity as benefits of

telework, making some employees eligible for participation and others ineligible may

raise fairness issues and have an opposite effect on employees who remain at work in

the central office site.

Productivity. If an employee’s productivity declines and if the evaluation so

indicates, the employer and employee would need to re-evaluate the terms of the

telework agreement, or even terminate it. Reserved for the manager or supervisor is

the right to terminate telework agreements for any reason and at any time. Some

employees who were initially motivated to participate in telecommuting may decide

after a period of time that telework is unsuitable for their particular circumstances.

Others may find that they prefer a clear delineation between work and home, or that

the alternative work location does not provide an environment conducive to greater

productivity. Still others may conclude that there is no substitute for being at the

central worksite full time, interacting face-to-face with colleagues, and accessing

work materials that are digitally inaccessible.

U.S. Office of Personnel Management, Office of Congressional Relations. Statement sent

to CRS by facsimile Nov. 29, 2000.

CRS-14

Staff Work Style and Turnover. In some congressional offices and

committees, being available almost “24-7" (the concept of all-day, every-day work

style) may be expected for certain positions and during specific legislative and

appropriations cycles. Similar availability may be required during certain periods,

such as annual preparation of the budget, in the executive branch.45 Some believe that

flexible work arrangements (including telework) during other periods, for particular

offices, may help retain staff in both the executive and legislative branches.

Staff turnover on Capitol Hill traditionally has been high, particularly in entry

positions. In the view of many, while recruiting congressional staff is not a problem,

retaining them is. According to the Congressional Management Foundation (CMF)46

1999 Senate Staff Employment Study, of the offices that responded, nearly 50% of

Senate staff had less than one year of experience in their current position, including

43% of communication directors, 46% of legislative assistants, 79% of legislative

correspondents, 38% of legislative directors, and 30% of chiefs of staff.47 Results of

the CMF 2000 House Staff Employment Study also indicated high turnover, with

nearly two-thirds of respondents having less than two years experience in their current

position, including 39% of chiefs of staff, 64% of legislative directors, and 74% of

press secretaries.48

Impact on Organizational Culture. The essence of an organization is

embodied in its unique culture. Methods that enable teleworking employees to stay

connected to the cultures of their organizations are thought to be important because

the procedures for fulfilling agency missions are developed and communicated by

those cultures. The scope and implementation of a telework program might affect

how the culture is transmitted throughout the organization and the way in which

managers and staff interact and work.

Policy

Twice, in 1994 and 1996, presidential memorandums were issued that affirmed

flexible work arrangements and directed OPM and GSA to assist executive agencies

in implementing family-friendly work arrangements, including telecommuting. In

implementing the directives, both agencies established similar definitions for telework,

An examination of the telework policies indicates that employees who are teleworking would

come into the central office as needed.

The Congressional Management Foundation, established in 1977 by former congressional

staff to help improve congressional office management practices, is a non-profit, non-partisan

organization. The studies of the Senate and House mentioned apply only to congressional staff

in personal offices, and not leadership or committee staff.

Sheree L. Beverly, 1999 Senate Staff Employment Study (Washington: Congressional

Management Foundation, 1999) p. 103. This study was based on 54 Senate offices

responding to the CMF questionnaire.

Sheree L. Beverly, 2000 House Staff Employment Study (Washington: Congressional

Management Foundation, 2000), p. 79. This study was based on 183 House offices

responding to the CMF questionnaire.

CRS-15

which emphasized that the term connotes working away from the principal (or

traditional) office or at “any location other than an employee’s normal duty station.”

According to GSA, “modern technological advances have made it easier to work

anytime, anywhere, and anyplace.” “To be considered telecommuting, [however] the

work done must be in paid status.... [W]orking at home extra hours for which the

employee is not paid is not telecommuting.”49

Policies on telework are evolving. Both GSA and OPM have published general

policies and guidance on telework programs. These enunciate some common

principles underlying such programs and address issues that an agency or employee

must consider before establishing or participating in a program. Although the

legislative branch has no corresponding entities, a comparison of the policies and

guidance for this branch (where telework programs exist) indicate that they are quite

similar to those of the executive branch.50

Principles underlying telework programs as enunciated by GSA and OPM can

be grouped into three categories, stated below.

Ground Rules

! Telecommuting is a management decision and option, not an employee right

or benefit.

! Participation is voluntary and may be terminated by either the employee or the

supervisor or manager.

! A written telecommuting agreement must be signed by the employee and

supervisor or manager.

! Telecommuting does not change the terms and conditions of employment,

including salary and benefits.

! Responsibilities of employees are specifically defined.

! Work schedule (days or hours) and location of the alternative work site are

specified.

U.S. General Services Administration, Implementation Manual for Telecommuting/

Telework, available on the Internet at [http://policyworks.gov/org/main/mp/library/policydocs/

mworkplce.htm]; U.S. Office of Personnel Management, Telework/Telecommuting, available

on the Internet at [http://www.opm.gov/wrkfam/telecomm/telecomm.htm], both Web sites

visited Dec. 17, 2001. GSA’s guidance is more detailed than OPM’s, and the latter’s Web

site refers readers to GSA.

Sample telework agreements were examined to reach this conclusion.

CRS-16

Working Conditions

! Duties and tasks performed must be conducive to working in another

environment that will optimize efficiency and performance.

! Some agencies may prohibit the care of dependents during scheduled

teleworking hours.

! The alternative worksite, generally the responsibility of the employee, should

be a clean, safe area which may be subject to inspection by the employing

office.51

! Appropriate office equipment and supplies, and service and maintenance of

government-owned equipment, may be provided and are to be used for official

purposes only.

! Specifically authorized telecommuting expenses may be reimbursable

(telephone and telecommunications charges are generally reimbursable in

accordance with regulations).

! Workman’s compensation rules generally apply.

! Safeguards for the security of classified and sensitive information may apply

and be spelled out in written agreements.

! Files, records, and documents created using government-owned equipment are

the property of the government.

Performance Requirements

! Work performance must not be diminished as a result of telecommuting, and

performance appraisals are conducted in the same manner as if the work

occurred at the central office.

! Participating employees must be able to work independently and require

minimum supervision.

! In some cases, eligibility may require attainment of a certain performance

rating.52

OPM and GSA are posting policies and agreements on telework from executive

branch agencies on their joint Internet Web site.53

See CRS Report RS20463, Application of the Occupational Safety and Health Act (OSHA)

to Teleworkers, by (name redacted).

See footnote 49.

The joint Web site is available on the Internet at [http://www.telework.gov/agencies.htm],

(continued...)

CRS-17

Implementation

Executive Branch

Section 359 of the Department of Transportation Appropriations Act for

FY2001, which became P.L. 106-346 on October 23, 2000, directs executive agencies

to establish policies under which eligible employees “may participate in telecommuting

to the maximum extent possible without diminished employee performance.” OPM

issued guidance to the agencies on the law’s provisions on January 29, 2001 and

February 9, 2001. According to OPM:

The purpose of the law is to require that each agency take a fresh look at the

barriers that currently inhibit the use of this flexibility, act to remove them and

increase actual participation. The law recognizes that not all positions are

appropriate for telecommuting; therefore, each agency must identify positions that

are appropriate in a manner that focuses on broad objective criteria. Once an

agency has established eligibility criteria, subject to any applicable agency policies

or bargaining obligations, employees who meet them and want to participate must

be allowed that opportunity if they are satisfactory performers.54

The guidance included a form on which the agencies were to report to OPM, by

April 2, 2001, on the establishment of their telecommuting policies, including the

percentage of their workforce covered by and the basic elements of the policy.

By April 23, 2001, the Director of OPM had to ensure “that the requirements of

the section are applied to 25 percent of the Federal workforce [eligible to participate],

and to an additional 25 percent of such workforce each year thereafter.”55 The

(...continued)

visited Dec. 17, 2001. Also see The PricewaterhouseCoopers Endowment for the Business

of Government, Managing Telecommuting in the Federal Government: An Interim Report,

by Gina Vega and Louis Brennan, June 2000. (Hereafter cited as Managing Telecommuting.)

U.S. Office of Personnel Management, Memorandum for Heads of Executive Departments

and Agencies, Establishing Telecommuting Policies, Jan. 29, 2001 and Feb. 9, 2001. Sent

to CRS by the Family-Friendly Workplace Advocacy Office at OPM by facsimile Feb. 15,

2001.

P.L. 106-346, Oct. 23, 2000, 114 Stat. 1356. In a Feb. 13, 2001 news release,

Representative Frank Wolf stated the intent of the provision: “The program is to be phased

in over the next four years, giving 25 percent of those eligible to telecommute the option of

starting this year.” The news release is available on the Internet at [http://www.house.gov/

wolf/2001213Telecommute.htm], visited Dec. 17, 2001. Another provision on telework is

included under the Department of Transportation, Office of the Secretary account in P.L. 106346 as well. The Secretary of Transportation is directed to “conduct an assessment of the

existing practices and infrastructure involved with telework efforts in the greater New York

metropolitan area and determine if a telework program, supported by the federal government,

could provide significant incentives for increasing the use of telework, thereby reducing

vehicle miles traveled and improving air quality.” The assessment is to identify

representatives from local government, environmental organizations, and transportation

(continued...)

CRS-18

provision was added to the appropriations bill by the conference committee which

explained the requirement in its report accompanying the bill:

Within one year, the Office of Personnel Management shall evaluate the

effectiveness of the program and report to Congress. Each agency participating

in the program shall develop criteria to be used in implementing such a policy and

ensure that managerial, logistical, organizational, or other barriers to full

implementation and successful functioning of the policy are removed. Each

agency should also provide for adequate administrative, human resources,

technical, and logistical support for carrying out the policy. Telecommuting refers

to any arrangement in which an employee regularly performs officially assigned

duties at home or other work sites geographically convenient to the residence of the

employee. Eligible employees mean any satisfactorily performing employee of the

agency whose job may typically be performed at least one day per week [at an

alternative worksite].56

OPM Report to Congress. OPM reported to Congress on the status of

telework in the federal government in an interim report57 published in June 2001 and

in a final report58 published in January 2002. OPM found that, as of October 1, 2001,

74,487, or 4.2%, of federal workers teleworked. Sixty-four agencies with a total

workforce of 1,765,967 employees responded to OPM’s survey on telework. At the

National Credit Union Administration, 74% of the workforce teleworks. More than

30% of the workforce teleworks at three agencies — OPM (38.5%), the National

Endowment for the Arts (36.5%), and the Farm Credit Administration (31.9%). At

least 20% of the workforce teleworks in nine agencies. One department, the

Department of Education, has 22.1% of its workforce teleworking. The other eight

agencies are the Consumer Product Safety Commission (29.2%), the National

Endowment for the Humanities (29.1%), the Federal Energy Regulatory Commission

(23.9%), the Pension Benefit Guaranty Corporation (22.5%), the Merit Systems

Protection Board (22.3%), the Environmental Protection Agency (21.6%), the

Federal Communications Commission (21.2%), and the Equal Employment

Opportunity Commission (20.8%).59

Among agencies responding to the OPM survey that have at least 3,000

employees, the Department of Veterans Affairs (0.4%) and the Department of State

(0.9%) have the lowest percentages of teleworkers. Five other agencies have less

than 2% of employees teleworking. These agencies are the Department of Agriculture

(1.7%), the Department of Defense (1.6%), the Federal Emergency Management

(...continued)

agencies to serve as “a New York City design team for implementing a telework program.”

The Secretary must report his or her findings to Congress within six months. Funding in the

amount of $300,000 is provided to carry out these activities. See H.Rept. 106-940, p. 66.

H.Rept. 106-940, p. 151.

U.S. Office of Personnel Management, Interim Report on Telework in the Federal

Government, June 2001.

U.S. Office of Personnel Management, Report to the Congress; The Status of Telework in

the Federal Government, Jan. 2002.

Ibid., pp. 6-7.

CRS-19

Agency (1.6%), the Department of Justice (1.2%), and the National Archives and

Records Administration (1.2%).60

House Committee on Appropriations. The committee report

accompanying the Departments of Commerce, Justice, and State, the Judiciary, and

related agencies appropriations bill for FY2002, H.R. 2500, expressed a commitment

to telework in the federal government. It also expressed the expectation that the

departments, the judiciary, and the related agencies funded by the bill would fully

comply with the requirements of section 359 of P.L. 106-346.61

Telework Issues Working Group. In November 2000, GSA and OPM

formed a working group, which currently comprises representatives from 17 cabinet

and independent executive agencies, to evaluate issues related to telework and to

determine what further guidance or legislation, if any, might be recommended. (The

departments and many independent executive agencies have had telework

coordinators in place for some time.62) The working group anticipates that the Chief

Information Officers will be active participants in its discussions, especially those on

computers and other equipment. An initial meeting of the group on November 7,

2000 produced a listing of “Telework Related Policy Issues” for examination,

covering nine areas (and 18 pages).63 Some of the issues being reviewed, categorized

by area, are quoted below.

Legal/Procurement: Are existing telework guidelines up-to-date and accurate

regarding liability laws?

Telecommunications: [A]ddress the costs of maintaining two work stations for

employees who telecommute. Should the agency be responsible for paying for

computer equipment, job related internet costs [and the like].

Computers and Other Equipment: To insure that Government work is not

compromised as a result of viruses or inadequate safeguards that an employee may

have on a personal computer at home, as funding is available, agencies should be

urged to provide appropriate equipment and software for teleworkers [suggested

by a Department of Energy representative on the working group].64

Taxes: If [an agency] establish[es] alternative officing and the employee no longer

has full use of the workstation at the main worksite, does that mean the worker can

write off [for tax purposes] use of [the] home office?

Ibid., p. 7.

U.S. Congress, House Committee on Appropriations, Departments of Commerce, Justice,

and State, the Judiciary, and Related Agencies Appropriations Bill, Fiscal Year 2002, report

to accompany H.R. 2500, 107th Cong., 1st sess., H.Rept. 107-139 (Washington: GPO, 2001),

p. 7. The bill became P.L. 107-77 on Nov. 28, 2001.

A listing of the coordinators is available on the Internet at [http://policyworks.gov/

org/main/mp/library/policydocs/tcoords.htm], visited Dec. 17, 2001.

“Telework Related Policy Issues.” Internal working document sent to CRS by a member of

the working group by e-mail Nov. 28, 2000.

Ibid., p. 4.

CRS-20

Worksite Health/Safety: Although self-certification forms, [certifying that health

and safety requirements are met], are readily available from both GSA and OPM,

it is not clear ... how and under what conditions they are to be used.

Human Resources Management: [Such issues as] (1) Should other employees

have access to a teleworker’s main worksite station when [it] is not in use? (2)

Need [for] a governmentwide policy that excludes employees where feasible, from

standard leave and hours of duty regulations. (The idea of [working] “anytime –

anywhere”). (3) Need [for a] standard definition of telework: temporary disability,

permanent disability, project work [and so forth and] [c]larification that telework

covers any alternate worksite and not just home, telecenters [and so forth].

Continuation of Operations (COOP): Need clarification of policies on telework

and [continuing agency operations].

Pay: [Such issues as] (1) Locality pay implications and guidance? (2) Manager

has four long distance telework situations where he wants to pay competitive

salary rates, travel costs from [the] home office to [the] traditional office, and not

[have that] impact upon competitive area status during possible RIFs [reduction

in force]. For example [the] regular office [is] in state A [and the] home office [is]

in state B. Wants to pay travel to state A.

General, Training, Support: Need to clarify [the] roles of OPM and GSA in

Telework .... It would be less confusing to agencies if OPM and GSA would

clarify their respective roles in establishing Federal telecommuting policy and

initiatives ... [and set up] a “one-stop” web site for telecommuting [suggested by

a Department of Commerce representative on the working group]. Greater

collaboration among Departments/Agencies would create the synergy needed to

create first-class programs [suggested by a Department of Education

representative on the working group].65

International Telework. Work abroad may also apply telework, as this

example provided by OPM illustrates:

In 1995, one of the functional bureaus at the Department of State proposed that

a civil service employee be permitted to perform her Washington-based job duties

from overseas. The employee was married to a foreign service officer who was

being posted in Ankara, Turkey. The bureau and the employee felt that a telework

arrangement would be ideal and would meet the needs of both the agency and the

employee. The department determined that the employee’s duties in the financial

bureau could be performed and monitored from the overseas location through the

use of technology. A major benefit for the employee was that she did not have to

leave her job and experience a break in her Federal service. The department was

very interested in keeping this employee on board, given her excellent record, her

extensive knowledge and superb skills. It further determined that she might be able

to conduct site reviews in some European cities, thereby saving the department the

more expensive travel costs of sending other employees from the U.S. According

to the employee, the arrangement worked out very well, [and she] report[ed] that

her production increased dramatically. While in Ankara, she occupied an office

at the embassy. Issues of diplomatic immunity, reporting requirements, use of

Ibid., pp. 11-12.

CRS-21

technology, and office space and location were some of the details addressed by

a team that worked to implement this arrangement.66

Telecenters. More than 400 federal employees are using telecenters, satellite

offices shared by agencies, as their alternative worksites, as of October 1, 2001.67 The

two largest users of the telecenters are the Department of Defense and GSA.

Telecenters are located in the states of Georgia, Illinois, Minnesota, and Ohio, and in

the Washington, DC metropolitan area.68 Among the sites in the DC area are

telecenters located in the District of Columbia; in Bowie, Frederick, Hagerstown,

Laurel, Prince Frederick, Silver Spring, and Waldorf, Maryland; in Fairfax,

Fredericksburg, Herndon, Manassas, Stafford, Sterling, Winchester, and Woodbridge,

Virginia; and in Ranson, West Virginia.69 Monthly fees charged to an agency to lease

an individual workstation vary by telecenter.70 According to GSA: “Agencies that use

telecenters must lease the telecenter workstations used by their teleworkers and,

therefore, experience a double overhead cost for each teleworker using a telecenter

(overhead for existing main worksite workstation plus lease cost for use of telecenter

workstation). This, clearly, is not an efficient use of funds and is a primary deterrent

to the development of telecenters.”71

In its report accompanying the Treasury, Postal Service, and General

Government Appropriations Bill for FY2002, H.R. 2590, the House Committee on

Appropriations discussed the use of the GSA telecenters. According to the

committee, the telecenters “are operating at about 50 percent of their full capacity and

GSA is subsidizing operating costs not covered by user fees.” The report directed

GSA “to increase its marketing of the telecenters and to develop a business case for

a pilot project that would allow a 60-day free trial period for certain federal

employees to use the telecenters.” Federal employees eligible to participate would be

those employees who are eligible for telework but do not currently use telecenters.

Additionally, the employees’ agencies would have to “have sufficient funds to cover

the user fees if the employee elects to continue using the telecenter after the trial

U.S. Office of Personnel Management, Office of Congressional Relations, statement sent to

CRS by facsimile Nov. 29, 2000.

Data provided to CRS by GSA by telephone Nov. 6, 2001. For information on the history

of telecenters, see Evolution of Telework, pp. 24-31.

Interagency Telecenter Listing, available on the Internet at [http://www.gsa.gov/Portal/

content/offerings_content.jsp?contentOID=114308&contentType=1004&P=1&S=1], visited

Dec. 17, 2001.

Listed on the Internet at [http://www.wmtc.org/index.mv], visited Dec. 17, 2001.

For an example of the fees, see: “Federal Interagency Telecommuting Centers, FY2001

Pricing Structure and Billing Procedures,” available on the Internet at [http://www.gsa.gov/

Portal/content/offerings_content.jsp?contentOID=114308&contentType=1004&P=1&S=1],

visited Dec. 17, 2001.

U.S. General Services Administration, “Federal Telework Topics,” p. 17, available on the

Internet at [http://policyworks.gov/org/main/mp/library/policydocs/mworkplce.htm], visited

Dec. 17, 2001. (Choose Telework Topics for Federal Employees.)

CRS-22

period.”72 GSA would be required to submit the business case to the committee

within 60 days of the act’s enactment. If warranted, the pilot program would be

implemented immediately.

GSA is offering federal agencies the opportunity to have their employees work

at one of the 15 metropolitan Washington, DC telecenters for 60 days on a trial basis

without having to pay the fee that normally accompanies such use. Stephen A. Perry,

GSA administrator, announced the initiative in a March 6, 2002 letter to heads of

departments and independent agencies. The 60-day period runs from March 6

through June 30, 2002. According to Mr. Perry, telecenters “may provide agencies

with an effective means for distributing their workforces to enhance homeland

security and continue government operations during emergency situations.”73 Federal

employees working in the executive, legislative, and judicial branches are eligible to

use the telecenters (subject to the policies of their respective agencies).74

The House Committee on Appropriations report also directed GSA:

to prepare and deliver to the Committee 90 days after enactment of this Act a

report evaluating the costs (actual costs on a per-worker basis based on historical

data) of providing telecenters in comparison to the costs of establishing and

operating a workplace within a telecommuter’s home, and the other relative merits

of each approach.

The report further directed GSA:

to evaluate the needs and opportunities for establishing a telecenter to serve the

Route 355/I-270 corridor and a telecenter to serve the Georgia/New Hampshire

Avenue corridor in Montgomery County, Maryland, to include this evaluation in

the cost evaluation report, and to proceed with establishing both or either of these

centers if warranted.75

The Omnibus Consolidated and Emergency Supplemental Appropriations Act,

1999, P.L. 105-277, provided that “For fiscal year 1999 and each fiscal year

thereafter, of the funds made available to each Executive agency for salaries and

expenses, at a minimum $50,000 shall be available only for the necessary expenses of

the Executive agency to carry out a flexiplace work telecommuting program.” The

law defined the term “flexiplace work telecommuting program” as “a program under

which employees of an Executive agency are permitted to perform all or a portion of

U.S. Congress, House Committee on Appropriations, Treasury, Postal Service, and General

Government Appropriations Bill, 2002, report to accompany H.R. 2590, 107th Cong., 1st

sess., H.Rept. 107-152 (Washington: GPO, 2001), p. 71. (Hereafter referred to as H. Rept.

107-152.) President George W. Bush signed H.R. 2590 on Nov. 12, 2001, and it became P.L.

107-67.

The letter is available on the Internet at [http://www.telework.gov/LtrAgcyHeads.htm],

visited April 2, 2002. For more information on the initiative see [http://www.telework.gov

(select Telecenters)].

Telephone conversation with GSA National Capital Region staff on April 2, 2002.

H.Rept. 107-152, p. 71.

CRS-23

their duties at a flexiplace work telecommuting center.”76 Telephone conversations

with several executive agencies indicate that no procedure is in place to track the

implementation of this provision.

The FY2002 Treasury, Postal Service, and General Government Appropriations

Bill (P.L. 107-67) includes a provision at section 638 that requires executive agencies

covered by P.L. 105-277 to submit a report to OPM within 60 days after the close of

FY2001 on their efforts to implement the law. OPM in turn must prepare a report

summarizing that information for the House Committee on Appropriations within 90

days after the close of FY2001.77 OPM has requested reports from the agencies and

is preparing its report to Congress.

The accessibility of telecenters could be enhanced by allowing teleworkers who

are pre-registered to use the centers on other than a monthly or an annual basis. A

portion of a center might be reserved for teleworkers who are walk-ins and who may

have computers at home but may occasionally need to print or specially produce

documents or use equipment at the center when their own equipment breaks down.

Such walk-ins could use the centers on a hourly basis or during a reserved time

period.

To highlight support for telework and the role that telecenters can play in

facilitating telework, several Members of Congress have visited telecenters. Most

recently, on January 25, 2002, Representatives Steny Hoyer and Albert Wynn toured

the Bowie, Maryland Telecommuting Center with OPM Director Kay Coles James.

While there, they talked with federal employees who are using the telecenter and

discussed telecommuting in general. On January 8, 2002, Representative Shelley

Moore Capito promoted telework by visiting the Jefferson County, West Virginia

Telecenter. During her visit, she conducted official business and met with local

officials.78

P.L. 105-277, Oct. 21, 1998, 40 U.S.C. 490 note, 112 Stat. 2681-522 - 2681-523. The law

covered these departments and agencies: Depts. of State, the Treasury, Defense, Justice,

Interior, Labor, Health and Human Services, Agriculture, Commerce, Housing and Urban

Development, Transportation, Energy, Education, and Veterans’ Affairs; and General

Services Administration, Office of Personnel Management, Small Business Administration,

Social Security Administration, Environmental Protection Agency, and U.S. Postal Service.

U.S. Congress, Conference Committees, 2001, Making Appropriations for the Treasury

Department, the United States Postal Service, the Executive Office of the President, and

Certain Independent Agencies, For the Fiscal Year Ending September 30, 2002, and For

Other Purposes, conference report to accompany H.R. 2590, H.Rept. 107-253, 107th Cong.,

1st sess. (Washington: GPO, 2001), p. 41. The House of Representatives agreed to the

conference report on a 339-85 vote (Roll No. 413) on Oct. 31, 2001, and the Senate agreed

to it on an 83-15 vote (Roll No. 321) the next day. President George W. Bush signed H.R.

2590 on Nov. 12, 2001, and it became P.L. 107-67.

“Hoyer, OPM Director Try Telecommuting,” Jan. 25, 2002. Available on the Internet at

[http://www.house.gov/hoyer/20020125.htm], visited April 2, 2002. “Capito Continues to

Promote Telecommuting, Jan. 8, 2002. Available on the Internet at [http://www.house.gov/

apps/list/press/wv02_capito/pr010802telecentr.htm], visited April 2, 2002.

CRS-24

Studies. Several studies on telework have been conducted by the General

Accounting Office (GAO), OPM, GSA, and the PricewaterhouseCoopers Endowment

for the Business of Government. Additionally, MSPB and the Senate Governmental

Affairs Committee considered telework as part of their broader reports. Evaluations

have focused on the implementation of telework programs, best practices for

telework, federal employee views, and the benefits of telework.

Implementation of Telework Programs. The General Accounting Office

published the results of an evaluation of flexiplace in July 1997, which included these

observations:

Agency officials said that most employees using flexiplace were in professional

occupations. They told us that the staff members most frequently using flexiplace

were employed as engineers and engineering technicians, attorneys and paralegals,

program and management analysts, computer personnel, investigators, and

inspectors.

Agency officials and union representatives told us that management resistance was

the largest barrier to implementing flexiplace programs. They explained that some

managers and supervisors resisted allowing staff to participate in flexiplace

because they did not believe that employees were working unless they could see

them.

[A] lack of adequate equipment was identified as a barrier by 12 of the 28 agency

officials and 4 of the 9 union representatives we interviewed .... Five of the 28

agency officials and 1 of the 9 union representatives believed that the nature of the

job was a barrier to implementing flexiplace .... Five of the agency officials and

one of the union representatives we interviewed said that the handling of sensitive

data was a barrier.

Agency officials reported few operational difficulties as a result of flexiplace

arrangements. Although agency officials told us that some managers initially

feared participants would abuse flexiplace arrangements, these officials reported

few instances of abuse.79

At the request of Congress, OPM reviewed family-friendly workplace

arrangements in the federal government in August 1998. Telecommuting was one of

the programs about which agencies were asked to provide feedback. Data provided

to OPM showed that 73% of the agencies reported that they had implemented

telecommuting programs, but just 0.5% of federal employees were participating in

such programs. The agencies reported to OPM that the top three reasons for not

implementing telecommuting were that it “may cause customer complaints about

availability; may cause difficulties in ensuring office coverage; and may cause

problems scheduling meetings.” According to OPM: “Several focus group

participants stated that their offices do not permit telecommuting, even if their

agencies had implemented the program. Focus group feedback indicated there are

several barriers to implementing telecommuting programs: lack of resources, lack of

U.S. General Accounting Office, Federal Workforce: Agencies’ Policies and Views on

Flexiplace in the Federal Government, GAO Report GGD-97-116 (Washington: July 1997),

pp. 13-16.

CRS-25

trust between supervisors and employees, time consuming paperwork necessary to

track employee hours, difficulty in assessing employee performance, and security

issues.”80

In July 2001, GAO published the text of a briefing that was conducted for

Representative Dick Armey “on potential tax, regulatory, and liability barriers that

employers face when they establish telecommuting programs for their employees.”

In seeking to explore the potential barriers faced by private industry employers, GAO,

among other activities, “interviewed representatives from two organizations that

promote telecommuting programs, two industry trade organizations that represent

employers who have telecommuting programs, four employers with telecommuting

programs in place, several union officials, and an attorney from a law firm that

provides assistance to employers who may want to establish telecommuting

programs.” GAO estimated that 16.5 million employees telecommute at least once a

month and 9.3 million employees telecommute at least once a week. According to

GAO:

many telecommuting proponents believe that significant obstacles to increased use

of telecommuting involve internal management concerns related to (1) assessing

whether the employer has the types of positions and employees suitable for a

telecommuting program, (2) maintaining security over sensitive company data

while monitoring the actions of remote workers, and (3) ensuring that

telecommuting activities do not adversely affect profits.81

Furthermore, GAO identified “individual state tax laws that could expose

employers and employees to additional state taxes, and the applicability of federal

workplace health and safety laws and regulations to telecommuters’ home offices” as

other potential barriers to telecommuting. Because several of these laws and

regulations predate “the move toward the more technological and information-based

economy in which telecommuting has developed,” GAO observed that “their

application to telecommuting is evolving and is somewhat unclear at this time.”82

Best Practices for Telework. A June 2000 study published by the

PricewaterhouseCoopers Endowment for the Business of Government concluded that

“best practices in teleworking have yet to manifest themselves” and their development

will be ongoing and incremental. The authors found that such practices would be

“optimized by the happy confluence of work inherently suited to flexiplace; workers

suited to independent work; and trusting, supportive, and unintrusive managers.”83

In May 2001, OPM’s Philadelphia regional office released a special study on

successful applications of telework. The report identified the common themes and

U.S. Office of Personnel Management, Office of Workforce Relations, A Review of Federal

Family-Friendly Workplace Arrangements (Washington: Aug. 1998), pp. 8-9, 13.

U.S. General Accounting Office, Telecommuting; Overview of Potential Barriers Facing

Employers, GAO Report GAO-01-926 (Washington: July 2001), p. 1.

Ibid., p. 2.

Managing Telecommuting, pp. 23, 26.

CRS-26

critical elements for success found in 13 telework cases.84 Improved productivity,

reduced employee stress, saved commuting time, access at home to electronic mail

and information as at work, and increased attention to maintaining interpersonal

relationships were the common themes. As for keys to success, three critical elements

were “managers with a willingness to experiment, motivated, self-starting employees,

and clearly defined expectations at the outset.”85 A March 14, 2001 seminar

conducted by OPM also included presentations on specific employee experiences with

telecommuting.86

The GSA’s Office of Governmentwide Policy released the findings of its study

on effective practices for establishing successful telework programs in September

2001. Conducted in the fall and winter of 2000, the study asked “62 experts with

specializations in telework” “to assess the value of 33 telework practices” that a blueribbon panel of private sector, non-profit, and government experts had recommended

in 1999. The experts rated seven of the recommended practices as “essential” to the

success of a telework program. These practices were: (1) developing clear,

measurable telework program goals; (2) utilizing an executive champion; (3) utilizing

a telework program manager/coordinator; (4) requiring telework training for

managers of teleworkers; (5) ensuring that teleworker performance appraisals follow

the same procedures and guidelines as those applied to other employees; (6)

conducting an assessment to determine teleworker and/or organizational technology

needs; and (7) establishing formal arrangements for technical support of teleworkers.87

Federal Employee Views. The Merit Systems Protection Board’s (MSPB’s)

2000 survey on Merit Principles asked executive branch employees throughout the

government about the availability and importance of various family-friendly programs.

With regard to telecommuting, 20% of respondents reported that such a program was

available to them; 63% said it was not available; and 17% didn’t know or were not

sure. A telecommuting program was either important or very important to 47% of

employees responding to the survey.88 Of those employees who considered

The cases were a GS-13 budget analyst, a GS-13/14 information technology specialist, a

GS-12 contract specialist, a GS-13 hearing representative, a GS-13 mathematical statistician,

a GS-13 medical librarian, a GS-7 office automation assistant, a GS-12 and a GS-13 human

resources specialist, a GS-12 safety and health compliance officer, a GS-12 safety specialist,

a GS-12 statistician, and a GS-7 voucher examiner.

U.S. Office of Personnel Management, Office of Merit Systems Oversight and Effectiveness,

Telework Works: A Compendium of Success Stories (Washington: May 2001), pp. 3-5.

The presentations are available on the Internet at [http://www.opm.gov/wrkfam/telecomm/

telecomm.htm], visited Dec. 17, 2001.

U.S. General Services Administration, Expert Consensus on Recommended Practices for

Telework Program Success (Washington: Sept. 2001), p. i.

U.S. Merit Systems Protection Board, Office of Policy and Evaluation, Issues of Merit,

Sept. 2000, p. 5. Using OPM’s Central Personnel Data File (CPDF), MSPB selected random

samples of 750 employees from 22 major executive branch departments and independent

agencies. A 23rd category, called “other,” included a random sample of 750 employees from

the remaining smaller agencies. For information on the survey, see the MSPB Web site at

(continued...)

CRS-27

telecommuting important, 55% “are more likely to plan to leave when it is not

available” than when it is available (44%).89 In reporting the findings, MSPB noted:

Of all the family-friendly programs that we asked about in our survey ...

telecommuting stood out for several reasons. First, it showed the greatest disparity

between importance and availability; making it one of the most-desired but leastavailable programs. Second, of all the work/life programs we asked about, only

telecommuting was the one that appeared to have a relationship to employee

intentions to retire or look for another job in the coming year (i.e., ‘planning to

leave’).... Telecommuting is certainly not the only factor related to employee plans

to leave their jobs. Indeed, more than a few respondents to whom telecommuting

is important say they plan to leave even when telecommuting is available.

Nevertheless, the data show that telecommuting has high appeal for many

employees.90

Telework Benefits. A December 2000 report issued by the Senate

Subcommittee on Oversight of Government Management, Restructuring, and the

District of Columbia of the Committee on Governmental Affairs supported efforts to

increase the number of federal employees who are telecommuting, stating that such

programs “make federal service more attractive to many employees, especially parents

of young children,” and “ha[ve] the potential to reduce traffic congestion and

pollution in large metropolitan areas.”91

U.S. Congress

Telework has been demonstrated to have a practical application in the event of

emergencies to continue the critical legislative and administrative operations of

Congress. The discovery of anthrax spores in the Hart Senate Office Building on

October 17, 2001, and the subsequent sweep of the Capitol complex buildings for

anthrax contamination, propelled Members of the House and Senate, committees, and

staff into a type of unscheduled telework program. This work at alternate locations

constituted the first time Congress had vacated its office buildings since the British

burned the Capitol in 1814. Most of the House and Senate Office Buildings reopened

by November 6, 2001, except for the Hart Senate Office Building and selected offices

in the Longworth House Office Building.92 Fumigation of Hart Building offices to

destroy all traces of anthrax spores began on December 1, 2001. The Hart Building

reopened on January 22, 2002.

(...continued)

[http://www.mspb.gov/studies/survey2000.html], visited Dec. 17, 2001. (Hereafter cited as

Issues of Merit.)

U.S. Merit Systems Protection Board, Office of Policy and Evaluation, Issues of Merit, Dec.

2000, p. 4.

Ibid.

The Crisis in Human Capital, p. 48.

On Nov. 17 and 18, 2001, the Dirksen and Russell Senate Office Buildings were closed for

further anthrax testing; they reopened on November 19, 2001. Following additional

discoveries of anthrax, these buildings experienced further shutdowns for temporary periods.

CRS-28

Forced to leave their offices and committee rooms while the Centers for Disease

Control conducted a sweep of all House and Senate office buildings for anthrax

bacteria, House Members and staff set up temporary offices at the headquarters of the

General Accounting Office (GAO), while Senators and their staff relocated

temporarily to the Postal Square Building near Union Station, just blocks from their

office buildings. Three staff members from each House office and up to 20 committee

aides (a total of about 2,000 staff) were given office space on two floors of the GAO

building.93 Two telephones, two computers, and office supplies were given to each

skeleton House staff. At the Postal Square Building, two staff members from each

Senate office were given office space and one telephone line each.94 The Library of

Congress and the Congressional Research Service also offered office space to

Members and staff. Congress continued to carry on its work, holding legislative

sessions in the Capitol, after an abbreviated recess. Senators with “hideaway” offices

in the Capitol building brought some of their staff to work, but not all Senators had

such offices. Some House leadership offices and committees had office space in the

Capitol building and were able to accommodate other staff. Still other congressional

staff worked in Capitol basement hallways, out of cars and minivans, at home, or in

the homes of Members and staff who live on Capitol Hill or in the suburbs. Some

staff were dispatched to the Members’ district or home offices.

Determination, improvisation, ingenuity, flexibility, and available technology

enabled Members and staff to continue their work in a way that would not have been

possible a few short years ago. Laptops, cell phones, pagers, palm pilots,

Blackberries, and other wireless technology kept Members and staff in constant

contact. Congressional staff whose offices had remote connectivity and policies in

place were able to access their office computers and even make changes to Members’

Web sites so that constituents as well as their colleagues could have updated

information about the rapidly changing events on Capitol Hill, and about legislative

action. Prior to October 15, 2001, an estimated 5% of congressional offices had the

ability to update their Web sites remotely, and efforts to increase remote access had

been widely discussed and were being planned. Some House staffers have Message

Manager, a new voice mail tool that turns existing voice mail accounts into computerbased communications systems.95

Despite new technology and great effort, however, some work could not be

conducted as efficiently because of the rushed departures and length of the shutdown,

because certain files and paperwork remained in the quarantined offices, and because

Bill Swindell and Brian Nutting, “House and Senate Scramble for Temporary Office Space,”

CQ Monitor News, Oct. 23, 2001, available on the Internet at [http://oncongress.cq.com],

visited Dec. 17, 2001.

Polly Forster and Erin P. Billings, “Members, Staff Attempt to Deal With Office Upheaval,”

RollCallDaily, Oct. 23, 2001, available on the Internet at [http://rollcalldaily.com], visited

Dec. 17, 2001.

Congress Online Project, “How Is Anthrax Changing Congress and How Are Offices Using

Technology to Cope?” Nov. 2001 newsletter available on the Internet at [http://www.

congressonlineproject.org/november.html], visited Dec. 17, 2001. The Congress Online

Project, funded by a grant from the Pew Charitable Trusts, is conducted by the George

Washington University and the Congressional Management Foundation.

CRS-29

technological capabilities and equipment varied at the temporary work locations.96

Staff were provided space to work, but may have had to go outside those temporary

offices to make calls by cell phone. A period of adjustment to working under

emergency conditions and in new environments occurred.

Some congressional hearings, scheduled before the congressional office

shutdown, were held in the Capitol. On one morning, Capitol basement room SC-5

was the site for Senate hearings, including hearings on anthrax exposure held by the

Senate Appropriations Subcommittee on Labor, Health and Human Services, and

Education; in the afternoon, the Senate Armed Services Committee held a

confirmation hearing in the same room. The House had a more difficult time keeping

to its scheduled hearings because of the size of its committees, but it, too, was able

to hold to some scheduled hearings, including, at the Department of Health and

Human Services, the House Government Reform Committee’s National Security,

Veterans’ Affairs, and International Relations Subcommittee hearing on vaccines to

defend against biological warfare.97 The House Democratic Task Force on Homeland

Security met at a Capitol Hill townhouse to plan recommendations on terrorism

issues.98

Discussions on contingency plans for continuing Congress’s operations in the

event of future evacuations and emergencies have begun. The House has embarked

on a project to transfer its operations to Fort McNair under emergency conditions.

These plans include replicating the House chamber to continue legislative sessions.

The Senate’s contingency plan includes meeting at a military installation.99 The

feasibility and desirability of an e-Congress system that would enable Members to

vote electronically from a remote location continues to be debated.100

Working under these extraordinary and unprecedented conditions, Members and

staff gained experience and knowledge about telework: what was possible, what was

lacking and needed, and what they might do to improve their ability to work in any

future emergencies, and prepare and plan for contingencies.101

Betsy Rothstein, “Displaced Hill Staffers Have Adjustment Woes,” The Hill, Dec. 17, 2001,

p. 7.

Bill Swindell and Brian Nutting, “House and Senate Scramble for Temporary Office Space,”

CQ Monitor News, Oct. 23, 2001, available on the Internet at [http://oncongress.cq.com],

visited Dec. 17, 2001.

Amy Keller and Paul Kane, “Hill Works Through Closures,” Roll Call, Oct. 22, 2001, p.

Susan Crabtree, “Ft. McNair Ready for House Action,” Roll Call, Nov. 1, 2001, p. 1.

100

Amy Keller, “E-Congress: Possible? Yes. Likely? No.,” Roll Call, Nov. 5, 2001, p. 1.

101

On Oct. 5, 2001, prior to the discovery of anthrax spores in Senate and House offices, the

Congressional Management Foundation held a training seminar on crisis management,

attended by staff from 55 House and Senate offices. The program included advice on

preparations for sudden evacuations and tips on setting up alternate work spaces, telephone

trees, and backup of computer systems in case of emergencies.

CRS-30

Prior to October 2001, an examination of the House and the Senate, their

respective administrative offices, and legislative branch support agencies revealed no

single telecommuting policy in the legislative branch. Senate, House, and legislative

branch agencies that have established formal telework policies are not provided

funding specifically for this purpose; funding must be taken out of existing budgets.

In the House, ordinary and necessary telework expenses incurred by Members and

their employees, in compliance with the Committee on House Administration’s

telecommuting policy, are reimbursable under the Members’ Representational

Allowance (MRA), as provided for in the Members’ Congressional Handbook.102

Funds for training qualify under the MRA as well. Conversations with the human

resources offices of congressional offices and legislative support entities that have

telework programs indicate that most teleworkers are working from home. As of

October 1, 2001, only a handful of legislative branch employees were using the GSA

telework centers. Entities in the legislative branch that have established formal

telecommuting policies, or are considering a telecommuting policy, are discussed

below.103

Members of Congress. Members may be said to telework. They perform

legislative, representative, and oversight responsibilities in Washington, DC, carry out

their duties at their respective home district and state offices, and hold field hearings

and town hall meetings to develop and maintain personal contact with constituents.

Laptops, palm pilots, and other wireless technology have enhanced their ability to

work even when they are not in their Washington offices, in committee rooms, or in

the Senate or House chambers. Travel between Washington and district/state offices

by air, rail, or car is time-consuming, and Members make best use of this time by

reading memoranda, reports, and briefing papers; analyzing issues; planning their

schedules; and communicating on cell phones (without the usual interruptions they

experience while in their offices). On occasion, Members participate in congressional

delegations to foreign countries, inter-parliamentary exchanges, and international

conferences. During such trips, technology has increasingly facilitated their mobility

and ability to maintain contact with their offices.

State and District Staff. On occasion, some congressional staff who work

at Members’ home district and state offices carry out their responsibilities at locations

outside of the primary office. These staff, usually field representatives and

caseworkers, may schedule meetings regularly with constituents (about cases or other

issues of concern) at local community centers or at other locations more convenient

and accessible to constituents, particularly in districts and states that have large rural

communities. Although not called telework, these activities performed away from the

primary office location may be characterized as such. Frequently, senior district and

state staff and/or Washington staff (such as the chief of staff or communications

director) may also accompany the Member to such events as town hall meetings and

other gatherings throughout the district or state.

102

See the telecommuting section of the Members’ Congressional Handbook, available on the

Internet at [http://www.house.gov/cha/handbook/handbook1.html], visited Dec. 17, 2001.

103

Entities that have not established telecommuting policies, according to conversations with

them, are the offices of the Secretary of the Senate, the Clerk of the House, the House

Inspector General, the Government Printing Office, and the Architect of the Capitol.

CRS-31

House of Representatives. In the 106th Congress, the Committee on House

Administration adopted a telecommuting policy available to Members’ offices,

committees, and House administrative offices, in committee resolution 106-1-21 on

October 21, 1999. The resolution provides guidelines and rules for offices that

choose to establish their own programs. The House policy defines telecommuting as

“a working arrangement, mutually agreed upon by the employee and the employing

office, whereby the employee works at an alternative worksite on specified days

and/or for specified hours.” An alternative worksite is a location other than the central

worksite approved by the employing office (for example, a residence or a

telecommuting center).

The House Administration Committee chair and ranking member announced the

bipartisan House policy to all House Members in a November 5, 1999 Dear

Colleague letter. The policy states that telecommuting is not a right or benefit, and

that the establishment of such a program is entirely at the discretion of each

employing office. A clear prohibition specifies that the alternative worksite may not

be a political, campaign, or commercial office.104

Under House Administration Committee resolution 106-1-21, the employing

office has discretion, subject to applicable House rules and regulations, on establishing

the criteria for selecting eligible employees to participate in its telecommuting

program. A telecommuting agreement must be signed by employees prior to their

participation in the program. Factors considered in the selection of employees for the

program may include their ability to work without direct supervision; their specific

work responsibilities (requiring minimum supervision); equipment or materials

needed; and an assurance that telecommuting will not adversely affect their

performance or the responsibilities of co-workers. In general, the program is not

recommended as suitable for new employees, employees who require close

supervision, or those who require interaction with co-workers.

Applicable rules and regulations under the House policy, in accordance with

committee resolution 106-1-21, provide:

An employee with a telecommuting work arrangement is covered by the same

rules, regulations and procedures applicable to all employees of the employing

office, including those set forth in Committee on House Administration

regulations, the employing office’s employee manual, the Rules of the House of

Representatives, applicable federal laws, and the guidance of the House Committee

on Standards of Official Conduct. Violation of any of these rules, regulations,

procedures or laws may result in disciplinary action up to and including

termination of employment.

Work schedules must comply with the Congressional Accountability Act and

regulations promulgated thereunder.

104

In accordance with the House policy adopted by the House Administration Committee.

CRS-32

The Members’ Congressional Handbook provides that ordinary and necessary

telecommuting expenses incurred in compliance with the telecommuting policy are

reimbursable.105

According to the telecommuting policy approved by the Committee on House

Administration, strict guidelines on confidentiality and security are outlined in the

House policy. The guidelines include a discussion of access to restricted information,

storage of files, and establishment of procedures to ensure confidentiality.106

The Committee on House Administration, chaired by Representative Bob Ney,

was responsible for temporarily relocating all House Members and some

congressional staff off-site after the House buildings were closed on October 17, 2001

for anthrax testing.107 During the shutdown, the ability to access office computer

systems was possible only for Member offices that had the necessary technology and

policies already in place.

In the aftermath of the September 11 attacks, Representative Steny Hoyer,

ranking member on the Committee on House Administration, stressed the need for

remote access to information by Member and committee offices, as well as storage

solutions that raise security issues.108 Responding to concerns of Members and staff

that they be able to access their computer systems from off-site locations during

future emergencies, House conferees inserted language in the FY2002 Legislative

Branch Appropriations conference report (H.Rept. 107-259) that urged the “Chief

Administrative Officer (CAO), the Clerk, and other relevant House officers to quickly

develop a plan under which each office of the House of Representatives shall have

available some permanent, reliable means to access its computer systems from a

remote location.” The House managers of the bill also requested that the CAO

“prepare and submit a report to the Committees on House Administration and

Appropriations of the House of Representatives not later than 90 days after the

enactment of the bill which describes the progress made by the Chief Administrative

Officer in preparing and implementing this plan.” During House consideration of the

rule to debate H.R. 2647, Representative Jim Moran, the ranking member of the

House Appropriations Subcommittee on Legislative Branch, stated that he was

pleased that the House Chief Administrative Officer:

will be working on a plan to help more Members, staff, committees, and legislative

branch agencies access their computer systems from a remote location. In times

of peace, this initiative would have been called teleworking. In times of war, and

our experience with the closure of House offices, providing Members access from

105

See the telecommuting section of the Members’ Congressional Handbook, available on the

Internet at [http://www.house.gov/cha/handbook/handbook1.html], visited Dec. 17, 2001.

106

The House telecommuting policy and a sample agreement may be viewed on the House

intranet Web site [http://intranet.house.gov], visited Oct. 25, 2001. (House Access Only)

107

Rep. Bob Ney, press release of Nov. 6, 2001, available on the Internet at

[http://nnn.house.gov], visited Dec. 17, 2001.

108

Ethan Wallison and Ben Pershing, “Panels Planning for Crisis,” Roll Call, Nov. 5, 2001,

p. 1.

CRS-33

a remote location, ... has become an essential requirement to preserve the

operations of this institution.109

The House voted to approve the conference report for H.R. 2647 on November 1,

2001, as did the Senate. President Bush signed the bill into law on November 12,

2001, and it became P.L. 107-68.

Office of the Chief Administrative Officer (CAO). In spring 2000, this

House administrative office established a telecommuting policy nearly identical to the

general House telecommuting policy described earlier. The CAO policy defines

telecommuting as “a working arrangement, mutually agreed upon by the employee

and the Associate Administrator of an employee, whereby the employee works at an

alternative work site on specific days and/or for specified hours.” The policy was

adopted following a pilot telecommuting program which began on February 1, 2000

and ended on April 30, 2000. Seven participants in the pilot program telecommuted

part-time, ranging from two to eight days during the three-month period. Results of

the surveys of both supervisors and participants enabled the CAO to review and

modify its program for implementation throughout the CAO. The positive survey

feedback resulted in the CAO’s enacting a permanent telecommuting policy, which

is now in effect. In 2001, five of approximately 570 permanent employees

telecommute. The CAO program also addresses employees working from home

because of disability and states: “In addition to this telecommuting program, in

accordance with the Americans with Disabilities Act (ADA), the CAO may reasonably

accommodate an eligible employee with a qualified disability by allowing the

employee to work at home. As a condition of such a request, the CAO may require

certification from a physician of the need for such accommodation.”110

House Sergeant at Arms. According to the House Sergeant at Arms Office,

the office follows the House telecommuting policy and guidelines. Currently, no

employees participate in the program; however, should an employee ask to

telecommute, the office would consider the feasibility of granting the request.

Senate. While there is no Senate-wide telecommuting policy, each Senate

office and committee sets its own policy for employees on a case-by-case basis. The

Senate Committee on Rules and Administration is currently examining the various

aspects of telecommuting.

Senate offices and committees appear not to have a uniform definition or

application of telecommuting. For example, some offices may include extended

maternity or medical leave under this definition although they have no formal,

established telecommuting policies.111

109

Comments of Rep. Jim Moran, Congressional Record, daily edition, vol. 147, Oct. 31,

2001, p. H7555.

110

Information based on discussions with and documents received from the Office of the Chief

Administrative Officer from Oct. 2000 through Jan. 2001.

111

Based on conversations with the respective staffs of the Senate Committee on Rules and

(continued...)

CRS-34

Senate Sergeant at Arms (SAA). Beginning in October 1998, this office

implemented a telecommuting program that provides “full-time SAA employees the

opportunity to complete certain pre-approved duties from a location other than the

standard workplace.” The SAA telecommuting policy is a voluntary and cooperative

agreement between the SAA and the employee. Participation in the program is not an

employee’s right, nor is it guaranteed or expected as a condition of employment. The

department director has sole discretion to establish eligibility for participation in the

telecommuting program. Among the considerations to qualify for the program are an

employee’s overall performance (which must meet or exceed SAA standards); ability

to work independently with minimal supervision; and ability to maintain a high level

of productivity. In addition, position qualifications provide that the assignments and

duties to be completed do not require on-site presence to be performed properly.

All SAA telecommuting agreements must meet the following requirements: (1)

be approved in advance by the employee and the employee’s department director; (2)

have no adverse impact on SAA services provided to the Senate; and (3) allow for the

agreement to be terminated at any time by the employee or the SAA for any reason.

Under the policy, “the employee agrees to protect SAA records from unauthorized

disclosure or damage and will comply with requirements of the Privacy Act of 1974,

5 U.S.C. 552a.” The telecommuting agreement must specify the necessary security

provisions as needed. (The sample agreement provided by the SAA leaves this

provision blank so that required safeguards may be tailored to needs.) An inspection

of the alternate workplace may be conducted during the employee’s normal working

hours to ensure proper maintenance of SAA-owned property and conformance with

safety standards.112

Legislative Branch Support Agencies

The following legislative support agencies have implemented telecommuting

programs or are currently examining telework to determine its feasibility as a

component of a flexible workplace policy.

Architect of the Capitol (AOC). The Architect of the Capitol has

implemented a pilot alternative workplace program to enable employees experiencing

medical difficulties to work from their residence. Upon conclusion of the pilot, the

AOC will evaluate the effectiveness of the program.113

Congressional Budget Office (CBO).114 This office established an

alternate work location program in January 1999. CBO defines the program as “an

111

(...continued)

Administration, the Secretary of the Senate, and various Members’ offices from Nov. 2000

through Jan. 2001.

112

Based on discussions with the human resources office in the Sergeant at Arms Office, and

information sent to CRS by facsimile Nov. 15, 2000.

113

Based on conversation with AOC human resources offices on Feb. 14, 2002.

114

Based on discussions with the human resources office at the Congressional Budget Office

in Oct. 2000 and Jan. 2001, and information transmitted to CRS by e-mail Oct. 17, 2000.

CRS-35

arrangement whereby an employee is permitted to work at home or in another

location. In some cases, employees may be connected to the office by telephone,

facsimile or computer.” According to CBO, it developed alternate work location

arrangements to optimize performance; recruit and retain staff; and help staff balance

professional work life with personal and family needs. Participation in this program

is considered on a case-by-case basis and is not granted automatically. Supervisors

determine those who may participate according to work performance, and the needs

of the office.

Participating CBO staff must sign a written agreement defining their work and

performance expectations. A number of terms are stipulated in the agreement. The

employee must be accessible in person at the off-site office, by telephone, or by

electronic mail, during scheduled work hours. Moreover, the employee must be

available to work in the main CBO office as needed. CBO has the right to inspect the

off-site office. CBO-supplied property and other resources must be used solely for

official CBO business and remain the property of the agency. Any CBO employee

working off-site is advised to consult tax and insurance policies on the home worksite

because it is the employee’s responsibility, and CBO is not liable for the employee’s

personal or real property at the alternate workplace. Depending on the agreement,

the employee may or may not have the option to return to the CBO workplace, and

termination of the arrangement may occur with reasonable advance notice. The

agreement also specifies security and confidentiality guidelines. In 1999, one

employee participated in this program, and two employees participated in 2000 and

2001.

During a sweep of the Ford House Office Building (where the CBO offices are

located) for anthrax contamination, traces were found in the building’s mail facility

that routes mail to the Longworth House Office Building. From October 18, 2001

until the CBO offices in the Ford Building were re-opened on November 6, 2001,

CBO staff were displaced and worked at other locations. Many teleworked from

home; others utilized temporary space at various alternate sites, including the

Department of the Interior and Congressional Research Service offices in the Madison

Building of the Library of Congress.

General Accounting Office (GAO).115 In addition to participating in an

OPM government-wide flexiplace pilot program, GAO also conducted its own pilot

program. Since June 1994, GAO has had a flexiplace arrangement that allows

employees to work outside the traditional office setting. The positive feedback from

the two pilots resulted in the establishment of a flexiplace program. Flexiplace is

defined as “flexibility in work location with no change in official duty station or

conditions of employment.”

Under this policy, all full-time and part-time employees are eligible to participate,

provided they meet certain performance standards and have proven work records

indicating their ability to work independently with limited supervision. Flexiplace may

be short-term or ongoing. Managers determine whether duties and work

115

Based on discussions with officials at the U.S. General Accounting Office from Oct. 2000

through Jan. 2001, and Order 2300.5 in the GAO Operations Manual.

CRS-36

arrangements are appropriate for off-site work. Employees who telework on a

continuing basis must be scheduled to spend at least one day a week in the office,

unless exceptions are approved by the unit head. An employee may not work

overtime without prior supervisory approval, and unauthorized overtime work may

result in the termination of the flexiplace agreement, or other action. Employees are

required to document time and attendance and submit bi-weekly work schedules for

supervisory approval.

A number of specific safeguards for the protection of classified and sensitive data

and records are stipulated in the GAO policy, as quoted below.

Classified information shall not be taken to, accessed from, or processed at off-site

(i.e., flexiplace) location.

The processing of unclassified sensitive data is not recommended on off-site

systems. However, it may be processed on off-site systems only when

GAO/OMIC officials certify that the system adequately protects records and that

such use conforms to applicable laws and policies.

Employees with access to records that contain sensitive information, including

records subject to GAO’s privacy regulations, must maintain appropriate

administrative, technical, and physical safeguards to ensure the security of the

records.

The authorization of the supervisor is required when sensitive information

(including information subject to GAO’s privacy regulations), whether in hard

copy or electronic media form, is used by employees working at an alternate

worksite. In addition, the supervisor must ensure that employees are

knowledgeable of the appropriate/necessary safeguards.

Employee agrees to protect government/agency records from unauthorized

disclosure or damage and will comply with privacy requirements set forth in law

and regulation.

GAO has the right to inspect the alternative worksite during the employee’s

normal working hours for purposes of ensuring safety standards and proper

maintenance of government-owned property. If an inspection is deemed appropriate,

the employee is to receive at least 24 hours’ advance notice.

With the closure of the House office buildings because of the anthrax threat,

about half of the 1,200 GAO employees whose offices were being used by House

Members and congressional staff moved to work in conference rooms and doubled

or tripled up with GAO colleagues in other parts of the building. The remaining staff

teleworked, with the vast majority working at home.116

GAO is currently conducting an internal survey of each of its units to determine

how many are participating in the flexiplace program. In addition, the survey will

116

Tanya N. Ballard, “In Anthrax Aftermath, GAO Turns to Telecommuting,” Nov. 1, 2001,

available on the Internet at [http://www.govexec.com], visited Dec. 17, 2001.

CRS-37

gather information on how frequently the program is used and the range of usage

within the units.117

Library of Congress. The Library of Congress formed a task force early in

2000 to explore the feasibility and desirability of a telework program for its

employees. The task force, composed of managers from a cross-section of the

Library, was charged with reviewing any regulations or previous negotiations on

working at home; which divisions or positions would be more conducive to such

arrangements; and the associated costs of a telework program. The task force,

formed under the auspices of the Library’s Human Resources 21st Century initiatives,

established a framework and guidelines for telework pilots that could be used by units

in the Library having positions with job tasks that could be performed at home as

easily as at the work site. As part of its work, the task force also revised the Library’s

regulations to allow service units to authorize episodic or intermittent work at home

arrangements for health or other time-related needs.118 Prior to implementing the

telework framework and guidelines, the Library and its Professional Guild (American

Federation of State, County, and Municipal Employees (AFSCME) Local 2910), one

of four unions at the Library, had entered into bargaining over a new collective

bargaining agreement. The bargaining was successfully completed in January 2002,

and resulted in a new agreement that includes an article on a telework pilot program.

It is anticipated that the formal signing of the agreement, including the telework pilot,

will take place in mid-April 2002. According to the terms of the agreement, within

six months after the signing, the Library will implement a one year pilot that will allow

members of the Guild to participate in a pilot to test working at home. Concurrently,

the Library is also selectively offering non-bargaining unit members an opportunity

to test working at home (under a 90-day pilot program for a handful of employees

that began in February 2002).

107th Congress Legislation

At this time, there is no pending legislation specifically related to policies on

telework for federal employees.119 However, legislation that would permit employees

of federal contractors, in the performance of contracts with executive agencies, to

telecommute has been passed by the House of Representatives. H.R. 3924, the

Freedom to Telecommute Act of 2002, passed the House on a 421 to 0 roll call vote

(No. 71) on March 20, 2002.120

117

Based on telephone conversation with GAO official on Nov. 2, 2001.

118

LCR 2014-8, Staff Members Working Offsite, Jan. 24, 2002.

119

Legislation is pending in the 107th Congress related to tax credits for telework. The bills

are H.R. 1012, introduced by Representative Frank Wolf; H.R. 2597, introduced by

Representative Scott McInnis; S. 521, introduced by Senator Rick Santorum; and S. 1856,

introduced by Senator John Kerry.

120

On the same day, the House agreed to the rule that provided for consideration of the bill by

voice vote. H.R. 3924 was referred to the Senate Committee on Governmental Affairs on Mar.

21, 2002. Representative Tom Davis introduced H.R. 3924 in the House of Representatives

(continued...)

CRS-38

Oversight

The House Subcommittee on Technology and Procurement Policy of the

Committee on Government Reform conducted hearings on telework in March and

September 2001. The first hearing focused on managing telework policies. The

second hearing addressed public and private approaches to telework.

Managing Telework Policies

During its March 22, 2001 hearing, the subcommittee took testimony from

representatives of OPM, GSA, the Federal Railroad Administration (FRA), the

National Industries for the Severely Handicapped (NISH), American Telephone and

Telegraph (AT&T), and the Washington Metropolitan Telework Centers (WMTC).

In his opening statement, the subcommittee chairman, Representative Tom Davis,

identified telecommuting as critical to the federal government’s recruitment and

retention efforts.

Office of Personnel Management. Commenting on why telecommuting

has not been implemented “as quick [sic] as many would have liked,” the then Acting

Director of OPM, Steven R. Cohen, said that this was “partly due to many

misconceptions about telecommuting as a viable work option.” He noted OPM’s

advisory role on telework, but emphasized that the law “gives the authority to develop

and implement specific telecommuting policies to each executive agency.”121

General Services Administration. David L. Bibb, Acting Deputy

Administrator at GSA, recommended that agencies focus on four areas in

implementing telework: (1) training for both managers and staff on working in a

telework environment, including a focus on results rather than where the work is

performed; (2) continuing ongoing initiatives to identify problems with and find

solutions for telework; (3) “recogniz[ing] that greater numbers of teleworkers will

require an increased investment in technology, connectivity, and training”; and (4)

communicating the rationale for telework and communicating that it is encouraged

where practical.122

Federal Railroad Administration. The Acting Deputy Administrator of the

FRA, S. Mark Lindsey, testified that agency employees who telecommute have

120

(...continued)

on Mar. 12, 2002, and it was referred to the House Committee on Government Reform. The

committee considered and marked up the bill on Mar. 14, 2002. The text of H.R. 3924

previously had been introduced as Section 4 of H.R. 3843, the Federal Information

Technology Workforce and Acquisition Improvement Act of 2002, introduced in the House

of Representatives by Representative Dan Burton (for himself and Representative Davis) on

Mar. 5, 2002 and referred to the House Committee on Government Reform.

121

U.S. Congress, House Committee on Government Reform, Subcommittee on Technology

and Procurement Policy, Telework Policies, hearing, 107th Cong., 1st sess., March 22, 2001

(Washington: GPO, 2001), pp. 30, 35.

122

Ibid., pp. 43-44.

CRS-39

improved their productivity in terms of meeting deadlines and completing reports,

assignments, and projects. A distraction-free work environment, reduced personal

cost associated with commuting to work, and reduced employee stress were other

benefits of telecommuting identified by employees.123

National Industries for the Severely Handicapped. According to Tony

Young, the director of governmental activities for NISH, a non-profit organization,

telework is “particularly attractive ... to people with severe disabilities who have

significant transportation barriers to employment or who live in areas where

transportation options are limited.” Stating that “NISH is not aware of a government

contract that employs great numbers of individuals with disabilities through telework,”

he recommended that federal agencies do more to reach this “previously underutilized

workforce,” such as contracting with the Javits-Wagner-O’Day Program, which

provides employment opportunities to people with severe disabilities.124

American Telephone and Telegraph. The vice president for environment,

health, and safety at AT&T, Dr. Braden Allenby, discussed his company’s use of

telework. He said that AT&T’s management approach is partly responsible for the

fact that 56% of the company’s employees participate in telework at least once a

month. AT&T believes that:

telework should be integrated into the business.... [A]lmost every existing

organization plays a role in terms of policies, processes and procedures within the

existing business functions. For example, Real Estate takes telework into account

when designing space. Security takes remote work into account when

implementing new policies, processes and procedures. Information Technology

Services takes telework into account when they build out our employee intranet.

What this does is ensure a sustainable management system for telework.125

Further, according to Dr. Allenby:

What we’ve learned is that many managers are already working with teams and

individuals who work elsewhere ... perhaps on the other side of the globe, or

maybe only the next building over.... [I]n today’s environment, it is a basic

expectation that managers are able to manage beyond their line of sight. Managers

and workers who are sitting in an office working with managers and workers

sitting in other offices are ideal candidates for telework.126

Washington Metropolitan Telework Centers. Jennifer Thomas Alcott

presented testimony to the subcommittee on behalf of the telework centers that are

administered by GSA. As a manager of three centers located between the Capitol

beltway and Fredericksburg, Virginia, along Interstate 95, she said that “the full and

long term support” of GSA is necessary for a successful telework center program.

She stated that because “the program is not funded and overseen by one central office

123

Ibid., pp. 53-54.

124

Ibid., p. 5.

125

Ibid., p. 73.

126

Ibid., pp. 73-74.

CRS-40

at GSA, ... there has been no long-term commitment from GSA ... in terms of either

funding or management, and the local managing partners never know from year to

year whether or not the telework center program will continue.” In her opinion,

“[t]he telework centers fill an important market niche” for telecommuters, including

those who do not have the space or resources for a home office or who “prefer the

distinct delineation between their work and their personal lives.”127

Public and Private Approaches to Telework

At its September 6, 2001 hearing, the Subcommittee on Technology and

Procurement Policy took testimony from representatives of GAO, OPM, GSA, the

Information Technology Association of America (ITAA), Siemens Enterprise

Networks, and CarrAmerica. Subcommittee chairman Davis stated that changing the

federal workplace culture will not occur overnight and that federal “managers need

to shift their focus from process-oriented performance measurements to results.”128

General Accounting Office. Bob Robertson, director of Education,

Workforce, and Income Security Issues at GAO, told the subcommittee that, in the

private sector, “decisions on whether an organization ultimately adopted

telecommuting programs or expanded them over time was heavily dependent on the

resolution of three concerns: identifying the positions and employees suitable for

telecommuting; protecting data; and controlling the costs associated with

telecommuting.” He also noted that the application of laws and regulations covering

taxes, workplace safety, recordkeeping, and liability for injuries associated with

telecommuting “is still evolving and unclear at this time.”

Office of Personnel Management. According to Teresa Jenkins, director

of the Office of Workforce Relations at OPM, its April survey of executive branch

agencies found that 76 agencies have telework policies in place (18 agencies reported

no policies in place), and 2.6% of federal employees telecommute at least one day per

week. She identified for the subcommittee the various efforts the agency has

undertaken to increase executive branch participation in telework. Among these

efforts, OPM is sharing best practices with, and aggressively marketing telework to,

federal agencies, has launched a joint Web site with GSA to improve access to

information on telework, is developing an Internet-based training module on telework,

and has conducted a leadership seminar for top agency officials.

General Services Administration. David Bibb of GSA noted for the

subcommittee that 2,500 agency employees, or 21% of its workforce, are

teleworking; 800 employees telework on a regularly scheduled basis one day per

week; 200 telework on a regularly scheduled basis one day per pay period; and some

127

Ibid., p. 88.

128

All quotations in this section are taken from the unprinted hearing record available on the

Internet at [http://www.house.gov/reform/tapps/index.htm], visited Dec. 17, 2001 (choose

Hearings), U.S. Congress, House Committee on Government Reform, Subcommittee on

Technology and Procurement Policy, Toward a Telework-Friendly Government Workplace:

An Update on Public and Private Approaches to Telecommuting, hearing, 107th Cong., 1st

sess., Sept. 6, 2001 (Unprinted).

CRS-41

1,500 telework on an “ad hoc” basis. GSA expects that a study on federal homebased telework will be completed early in 2002. The study will identify technology

barriers to telework, estimate the prevalence of such barriers across agencies and the

number and types of employees affected, and recommend solutions and

implementation of those solutions to break down technology barriers.

Information Technology Association of America. According to Harris

N. Miller, president of the ITAA, the organization has compiled information showing

the following benefits of telecommuting for the private sector:

AT&T teleworkers work 5 more hours per week at home than AT&T office

workers.

JD Edwards teleworkers are 20-25% more productive than their office

counterparts.

AT&T saves $3,000 per teleworker annually.

Telework can cut corporate real estate costs by 25-90%.

Teleworkers save 52.9 minutes of commute time each workday.

Barriers to widespread participation in telework arrangements, according to Mr.

Miller, may be the inability of employees to access broadband technologies remotely,

concerns about information security, managerial resistance, and regulations related to

tax and home safety issues.

Siemens Enterprise Networks. The vice president for global marketing for

Siemens Enterprise Networks, Mark Straton, testified that since 1996, teleworking

has resulted in a 35% nationwide decrease in office space, at an annual cost savings

of over $3 million dollars and productivity increases of over 20% for the electronic

company. He recommended that the federal government partner with the private

sector on telework programs and consider pilot telework programs.

CarrAmerica. Robert M. Milkovich, managing director of CarrAmerica, a real

estate investment trust with experience in providing office space for mobile

workforces, believes that technology “will continue to be enhanced at a rapid pace.”

According to Milkovich:

The challenge of telework is faced on the cultural side of the equation. It is our

experience that the companies and organizations that are technologically on the

forefront have fewer cultural hurdles to overcome. These companies are already

invested in the new economy, both financially and culturally[,] and operate with

an advanced or progressive way of doing business.... Facility projections for space

utilization and growth are made easier for top management to track and project.

These companies view telework as a method to create a more flexible use of

workspace.... The cultural challenge can only be overcome if the technology is in

place to support management and its employees and if the economic savings are

substantial enough to make it a compelling business decision.

CRS-42

Future Considerations

Several issues related to telework will require continuous evaluation as entities

in the executive and legislative branches consider, develop, and implement programs.

Security and Confidentiality129

Agency investments in information technology infrastructure, which allow

firewalls to be created for both Internet and e-mail files, are increasing the security

and confidentiality of government information. Security measures and established

procedures for protecting sensitive information, such as the use of passwords for

different gateways, likewise are designed to prevent unauthorized access.

Nevertheless, information technology professionals and agency employees need to

work together to monitor the effectiveness of policies and requirements specific to

their work. Hackers are increasingly aggressive in infiltrating government computer

networks and systems, and planting viruses that can incapacitate them and result in

possible shutdown of entire systems. Files could be permanently lost, and the

integrity and authenticity of data could be compromised. Agencies are continuously

vigilant and share information to develop common safeguards and antidotes for

combating these attacks. They will need to extend such vigilance to ensure that the

connections between central worksites and alternative worksites are secure.

A Department of Energy representative told the Telework Issues Working

Group that “There is a need to establish a Government-wide minimum level of

teleworker access to non-classified information such as e-mail (particularly for

networks which have significant controls/firewalls that prohibit teleworking on a

regular basis).” The representative “strongly recommend[ed] a partnership among the

Federal Chief Information Officers (CIO) Counsel, GSA, and OPM on this issue.”130

In the legislative branch, as discussed under Implementation above, the House,

Senate Sergeant at Arms, CBO, and GAO policies address confidentiality and

security. Confidentiality in serving Congress is an important component of the

missions of the legislative branch support agencies.

Privacy

In addition to the security and confidentiality considerations, the requirements

of the Privacy Act must be met by federal agencies.131 These include “requirements

regarding their management — i.e., collection, use, and storage — of personally

identifiable information.”132

129

See CRS Report RL30745, Electronic Government: A Conceptual Overview, by (name

redacted), esp. pp. 7, 19-20. (Hereafter cited as Electronic Government.)

130

“Telework Related Policy Issues,” p. 4.

131

88 Stat. 1896; 5 U.S.C. 552a.

132

Electronic Government, p. 29, also p. 5. See also CRS Report 97-71, Access to

(continued...)

CRS-43

GSA has counseled agencies that:

Records subject to the Privacy Act may not be disclosed to anyone except those

authorized access as a requirement of their official responsibilities. Agencies

should ensure that appropriate physical, administrative, and technical safeguards

are used to protect the security and confidentiality of such records.133

The Telework Issues Working Group heard from a representative of the

Department of Health and Human Services (HHS) that the agency “is very concerned

about the protection of Government records while [federal employees are]

telecommuting.” HHS found this protection “to be a serious problem when translated

to flexiplace” and suggested that OPM and/or GSA “specifically address this issue in

telework guidance.” According to the representative:

Some form of control is necessary so that the appropriate Federal office will know

exactly where a record is when it is not in the official files; that hard copy and

electronic records are adequately protected during transmission to and from a

telework site, and that all Federal electronic records and data bases used by an

employee from a telework site are secure and protected at all times.134

In the legislative branch, each of the entities with telework programs addresses

privacy issues in its policies, as discussed under the Implementation section above.

Another issue related to privacy is whether and how government officials will

have access to personal computers owned by teleworking employees, if those

computers are thought to have official government files saved on them. While an

employing agency may arguably conduct unannounced inspections of agency

equipment used in an employee’s home, it is not certain whether such authority exists

when an employee uses his or her own equipment.

Health and Safety135

As more employees participate in telework programs and increase the amount

of time they spend at alternative worksites, health and safety at these locations,

including standards for ergonomics, will continue to be issues for review. Both GSA

and OPM have drawn up checklists that are not legally binding, but enable

teleworkers to certify that specific health and safety elements are present at the

alternative worksites, which may be subject to inspection by the employing office.

Among the items on the checklist are the following.

Are temperature, noise, ventilation, and lighting levels adequate for maintaining

your normal level of job performance?

132

(...continued)

Government Information in the United States, by (name redacted).

133

“Telework Related Policy Issues,” p. 17.

134

Ibid, p. 5.

135

See U.S. Library of Congress, Application of the Occupational Safety and Health Act

(OSHA) to Teleworkers.

CRS-44

Are all circuit breakers and/or fuses in the electrical panel labeled as to intended

service?

Is all electrical equipment free of recognized hazards that would cause physical

harm (frayed wires, bare conductors, loose wires, flexible wires running through

walls, exposed wires to the ceiling)?

Will the building’s electrical system permit the grounding of electrical equipment?

Is there enough light for reading?136

At its initial meeting, the Telework Issues Working Group discussed the need

for the Occupational Safety and Health Administration (OSHA) to “publish and

maintain basic guidance [at the] lay-person level, on safety and health in the home

office” and “establish/clarify health/safety responsibilities for alternate worksites such

as telecenters or other non-residence, third-party owned/operated worksites.”137

During the 106th Congress, at least six bills were introduced on this subject, but none

reached the floor. Five of the bills would have amended OSHA to prevent its

application in home offices, while one bill would have specifically provided for its

application.138

As discussed above, all the legislative branch entities with telework programs

have provisions regarding the right of the employing office to inspect the off-site work

location.

Other considerations on which the executive branch is expected to focus include

the funding of telework programs and the training of both managers and employees

about their responsibilities in carrying them out.

Funding

Very little data on the funding of telework programs are readily available. There

appear to have been no formal requirements for data collection; hence OPM has

modest data to report. The Departments of the Treasury and HHS anticipate that

they will begin to collect data on their programs so as to monitor the implementation

of the recently passed law mandating establishment of telework policies.139 At the

136

U.S. General Services Administration, Evaluation and Innovative Workplaces Division,

Office of Real Property, Office of Governmentwide Policy, Implementation Manual,

Appendix C: Self-Certification Safety Checklist for Home-Based Telecommuters. Printed

from the Internet at [http://policyworks.gov/org/main/mp/library/policydocs/manual10.htm],

visited Dec. 17, 2001.

137

“Telework Related Policy Issues,” p. 6. An OSHA Directive on Home-Based Worksites

dated Feb. 25, 2000, available on the Internet at [http://www.osha.slc.gov/OshDoc/

Directive_data/CPL_2-0-125.html], visited Dec. 17, 2001.

138

The five bills that would have amended OSHA application were H.R. 3518, H.R. 3530,

H.R. 3539, H.R. 3588, H.R. 3643, and the one bill that would not have was H.R. 4080.

139

P.L. 106-346.

Telephone conversations with telework coordinators Garland Green

(continued...)

CRS-45

Telework Issues Working Group meeting, a representative from HHS suggested that

“The Human Resources Technology Council should be directed to bring about

interagency consensus on a minimum standard data set for teleworking ... provid[ing]

for consistent agency transmissions to OPM’s Central Personnel Data File.”140 If

accomplished, this would facilitate the evaluation and comparison of the various

telework programs in the executive branch.

Training

OPM is developing a training module on telework that will be designed in a selfteaching format and accessible by computer. Similarly, the Department of the

Treasury has discussed with GSA the possibility of establishing a common training

program that can be used by all the executive branch agencies.141 According to a

Department of Education representative on the Telework Issues Working Group,

“There is a need to find ways to make managers more comfortable with managing offsite employees, as well as a need for consistent training, especially in the area[s] of

virtual teaming and communication techniques.” A desire for an increased

“commitment to management and teleworker training” was expressed by

representatives from HHS and the EPA on the working group as well.142 Some have

observed that while trust and accountability cannot be taught, they can be built and

environments conducive to them can be fostered.143 OPM emphasizes that an

agreement, worked out in common by, and specifying the responsibilities and work

assignments of, managers and employees, must be signed by both parties before

teleworking can occur. Fulfillment of the agreement would, perhaps, help overcome

the “significant barrier to greater utilization of telework/flexible workplace

arrangements, ... the attitude of the manager and the concern about work being

completed.”144

Conclusion

Interest in telework continues to grow, and policies continue to evolve in both

the executive and the legislative branches. The Merit Systems Protection Board’s

2000 Survey on Merit Principles, discussed earlier, found that a telecommuting

program was either important or very important to 47% of employees responding to

139

(...continued)

(Treasury) and Karen Billingslea (HHS), Nov. 28, 2000. Both agencies said that some data

were collected previously on an informal basis as needed.

140

“Telework Related Policy Issues,” p. 6.

141

Telephone conversation with Garland Green, telework coordinator at the Dept. of the

Treasury, Nov. 28, 2000.

142

“Telework Related Policy Issues,” p. 12.

143

This statement is based on discussions with executive and legislative branch staff who

administer programs mentioned in this report.

144

“Telework Related Policy Issues,” p. 12.

CRS-46

the survey. This response ranked telecommuting in sixth place out of 12 places.145

The December 2000 report issued by the Senate Subcommittee on Oversight of

Government Management, Restructuring, and the District of Columbia expressed the

desire that the goal set in January 1996 by the President’s Management Council to

have 160,000 federal employees telecommut[ing] nationwide by fiscal year 2002"

would be met or exceeded.146

Among the factors that appear to contribute to successful telework experiences

are: top management support; a clear telework agreement that includes expectations

accompanied by measurable goals; accountability and performance results; rapport

between the manager and the employee, and the temperament (of both) to be flexible

as the workload and other demands dictate; participating employees who have proven

performance records; an organizational culture that supports change, flexibility, and

creativity; proper training, equipment, and infrastructure; and initial implementation

as pilot programs or episodic arrangements.

Reservations about telework may include managerial concerns about maintaining

performance and productivity in the office or organization; the security of government

records and the use of software licensed to the government on computers at the

alternative work sites; and the availability of funding to provide necessary support for

employees to work away from the main office, while at the same time maintaining an

office at the agency.

As additional information about what factors are important to successful

telework programs becomes available, agencies may see applications for their own

employees. Further, as the infrastructure to support telework develops and if security

safeguards are enhanced, an increase in the number of telework programs may occur.

The Telework Issues Working Group may identify whether additional legislation or

guidance are needed. The newness of telework policies in the legislative branch has

some of the entities reviewing existing programs, and looking to those in the

executive branch and private industry for insights into the requirements for successful

implementation of telework.

Some believe that the September 11, 2001 terrorist attacks on the World Trade

Center and the Pentagon, and the discovery of anthrax in Washington, DC, and other

cities have fundamentally changed the workplace and demonstrated the practical

application of telework to the continued operation of the government. Issues of

security, crisis management, disaster recovery, and remote access to office computer

systems are prompting some federal executive and legislative branch agencies and

their employees to expand existing telework programs or to consider telework,

although in many cases, how to implement telework remains unclear.

145

Programs on flexible work schedule (86%), sick leave for family care (85%), compressed

work schedule (71%), employee assistance programs (54%), and leave sharing (51%) placed

higher. See: Issues of Merit, p. 5.

146

The Crisis in Human Capital, p. 48.

EveryCRSReport.com

The Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the

Library of Congress, charged with providing the United States Congress non-partisan advice on

issues that may come before Congress.

EveryCRSReport.com republishes CRS reports that are available to all Congressional staff. The

reports are not classified, and Members of Congress routinely make individual reports available to

the public.

Prior to our republication, we redacted names, phone numbers and email addresses of analysts

who produced the reports. We also added this page to the report. We have not intentionally made

any other changes to any report published on EveryCRSReport.com.

CRS reports, as a work of the United States government, are not subject to copyright protection in

the United States. Any CRS report may be reproduced and distributed in its entirety without

permission from CRS. However, as a CRS report may include copyrighted images or material from a

third party, you may need to obtain permission of the copyright holder if you wish to copy or

otherwise use copyrighted material.

Information in a CRS report should not be relied upon for purposes other than public

understanding of information that has been provided by CRS to members of Congress in

connection with CRS' institutional role.

EveryCRSReport.com is not a government website and is not affiliated with CRS. We do not claim

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.