Scrutiny of Federal Employees’ Telework Continues

A House Committee wants information on the level of telework at federal agencies and its impact on performance and service delivery.

Some House lawmakers are continuing to scrutinize the “heightened” levels of telework being afforded to federal employees despite the pandemic now being officially over.

The House Committee on Oversight and Accountability sent 25 letters to various federal agencies in an effort to determine what the effects of the elevated levels of telework have been on agency performance and service to the American people.

The letters state:

The Biden Administration has allowed agencies to continue levels of telework and remote work that are significantly higher than before the pandemic. The Administration, however, has not provided current data about the specific amount of telework occurring within federal agencies or across the entire federal workforce. Furthermore, it has provided no objective evidence concerning the impact of elevated telework on agency performance – including any deleterious impacts. We therefore seek information on the level of telework in your agency, how you have tracked its impact on performance, and what that impact has been.

The letters further add:

To date, Biden Administration officials have only referenced the Federal Employee Viewpoint Survey as evidence of the efficacy of expanded teleworking practices. This self-reported data point cannot be viewed as objective evidence of efficacy, nor should it be the sole basis for determining whether existing telework policies are in the best interest of the American people. In addition, at a recent Committee hearing during which the director of the Office Personnel Management testified, it became clear OPM has failed to compile adequate data to support oversight of agency teleworking, or even to provide basic answers to related questions.

The letters go on to ask for a great deal of information regarding each agency’s telework protocols, such as how many employees are currently engaged in telework, how many days per week on average they do so, average occupancy rate for Washington, DC area offices, whether teleworking employees are engaging in telework according to their formal agreements, etc.

Congressman James Comer (R-KY) who is the chair of the House Oversight Committee said in a statement:

Hard-working Americans across this country show up to work every day and the federal government workforce their taxes fund must follow their lead. Even though the pandemic is over, the Biden Administration is allowing telework levels far above those that existed pre-pandemic. This is occurring in an apparently indiscriminate, unaccountable manner, without oversight from the White House or the Office of Personnel Management – whose Director could not tell members what portion of federal employees are teleworking when she appeared before the Committee in March. This is unacceptable and U.S. taxpayers deserve better. Federal workers must show up to work in-person and the Oversight Committee will hold agencies accountable when their employees do not show up to work for the American people.

Agencies were given until June 1, 2023 to respond to the Committee’s requests.

The text of one of the letters is included below.

Letter to Agencies Regarding Elevated Levels of Telework

The Honorable Debra Haaland Secretary
United States Department of the Interior 1849 C St., NW
Washington, DC 20240

Dear Secretary Haaland:

May 18, 2023

The House Committee on Oversight and Accountability is conducting oversight over telework and remote work policies and practices at federal agencies. Federal agencies have been authorized to employ maximum telework policies since the beginning of the COVID-19 pandemic. The Biden Administration has allowed agencies to continue levels of telework and remote work that are significantly higher than before the pandemic. The Administration, however, has not provided current data about the specific amount of telework occurring within federal agencies or across the entire federal workforce. Furthermore, it has provided no objective evidence concerning the impact of elevated telework on agency performance – including any deleterious impacts. We therefore seek information on the level of telework in your agency, how you have tracked its impact on performance, and what that impact has been.

The Office of Management and Budget recently issued guidance to agencies that seeks to improve organizational health and performance. While the guidance requires agencies to submit updated Work Environment Plans, agencies should have compiled relevant data based on previous guidance and existing statute. To date, Biden Administration officials have only referenced the Federal Employee Viewpoint Survey as evidence of the efficacy of expanded teleworking practices. This self-reported data point cannot be viewed as objective evidence of efficacy, nor should it be the sole basis for determining whether existing telework policies are in the best interest of the American people. In addition, at a recent Committee hearing during which the director of the Office Personnel Management testified, it became clear OPM has failed to compile adequate data to support oversight of agency teleworking, or even to provide basic answers to related questions.

To assist the Committee in conducting oversight of federal telework policies, please provide the following documents and information no later than June 1, 2023:

  1. With respect to employees whose primary office location is at the agency’s Washington, D.C.-area headquarters:
    1. How many such employees do you currently have?
    2. How many are in telework-eligible positions?
    3. How many have telework agreements in place with the agency?
    4. Of this number, how many are engaging in telework?
    5. What is the average number of days that employees with telework agreementstelework per week?
  2. How many of your agency’s employees based in offices located in the Washington, D.C. area have returned to the office on a full-time basis (engage in no regular telework)?
  3. What is the average occupancy rate of each of your Washington, D.C.-area office locations on each day of the week?
  4. What plans has your agency made to adjust its real estate footprint based on current and future telework plans?

For all agency employees, regardless of official duty station:

  1. OMB Memorandum M-21-25 stated agencies should rely on evidence when making post- reentry personnel policies and work environment decisions.9 Describe the evidence your agency utilized to determine how personnel policies and procedures were impacting mission delivery and outcomes. Provide the Committee with documentation of all such evidence and any related assessments used to inform current and future policies.
  2. Are all agency workers teleworking only pursuant to written telework agreements? If not, please explain why.
  3. Describe the management controls your agency has implemented to ensure workers are either adhering to the provisions of a telework agreement or are otherwise fulfilling their official duties.
  4. Provide annual leave and sick leave usage data for employees of your agency for years 2018-2022.
  5. Describe any adverse impacts expanded telework and remote work have had on any aspect of agency performance.
  6. Describe how your agency is enforcing regulations to ensure workers are reporting to their worksite at least twice per pay period, as required by OMB Memorandum M-21- 25.
  7. Describe how your agency is ensuring employees working under a remote work agreement are paid based on the appropriate locality rate. How many of your agency’s employees are paid based on a locality rate that is higher than the locality rate of their duty station?
  1. Describe whether teleworking employees possess secure network capacity, communications tools, necessary and secure access to appropriate agency data assets and federal records, and equipment sufficient to enable each such employee to be fully productive.
  2. Have any collective bargaining agreements impacted or overridden agency processes or missions due to telework or remote work provisions? Please describe and provide copies of any collective bargaining agreements that include provisions related to telework and remote work.

An attachment to this letter provides additional instructions for responding to the Committee’s request. To make arrangements to deliver documents or ask any related follow-up questions, please contact the Committee on Oversight and Accountability staff at (202) 225- 5074.

The Committee on Oversight and Accountability is the principal oversight committee of the U.S. House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X. Thank you for your attention to this matter.

About the Author

Ian Smith is one of the co-founders of FedSmith.com. He has over 20 years of combined experience in media and government services, having worked at two government contracting firms and an online news and web development company prior to his current role at FedSmith.