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OPM.gov / Telework / History, Legislation, & Reports

History, Legislation, & Reports

The history and statutory framework for establishing telework began more than a decade ago as an effort to address transportation concerns and grew into an important flexible work arrangement and a powerful recruitment and retention tool for the Federal Government.  Over the years, telework has continued to receive attention due to its potential to improve employee morale, enhance work-life balance for employees, improve the competitive position of the Federal Government for recruiting and retaining the best and brightest workforce, increase Federal capacity to achieve mission and operational goals, and maximize organizational productivity.  In recent years, the focus has expanded to view telework as a strategic management tool for coping with potential disruptions in the workplace due to severe weather or other emergencies, and as a means to reduce the overhead costs and real estate footprint of the Federal Government, while continuing to deliver timely services to the public.

Congressional interest in expanding the use of telework in the Executive branch began in earnest with the passage of the Transportation and Related Agencies Appropriations Act of 2001 (Public Law 106-346), (external link) (PDF file)which required each Executive agency to establish a policy under which eligible employees of the agency would be permitted to participate in telework to the maximum extent possible without diminished employee performance.  The Act required OPM to ensure that these telework requirements were applied to 25 percent of the Federal workforce within six months of enactment, and to an additional 25 percent of employees every year thereafter.

In response to this congressional mandate, OPM began to survey Federal agencies about telework in 2000.  By means of the annual “Call for Telework Data,” OPM collaborates with Federal agencies to collect information about individual agency telework programs, including participation rates.  The analysis of that data is presented in the yearly Status of Telework in the Federal Government Report to Congress, published annually since 2002. 

Further legislation followed the mandate for Executive agencies to establish a telework policy but the focus was more incremental and directed specific agencies to increase telework participation by specified amounts.  Congress also required these agencies to appoint telework coordinators and required quarterly Congressional reports on the status of their telework programs.  Congress also withheld $5 million of the budgets of the specific agencies (e.g. Commerce, Justice, and State, SBA, SEC) in P.L. 108-447 § 622 until they certified that "telecommuting opportunities were made available to 100 percent of the eligible workforce.” 

2010

Telework Enhancement Act of 2010, Public Law 111-292 (external link) (PDF file): The Telework Enhancement Act of 2010 requires each Executive agency to establish and implement a policy under which employees are authorized to telework.   It also directs each agency to designate a telework managing officer, requires employees and managers to complete interactive training and to sign written telework agreements, requires agencies to incorporate telework into their continuity of operations plans, and establishes guidelines by which agencies will work in consultation and coordination with OPM to satisfy annual reporting requirements.  

2005

Consolidated Appropriations Act, Public Law 108-447 §622 (external link) (PDF file)(page 111): This section required the Departments of Commerce, Justice, State, the Judiciary, the Securities and Exchange Commission and the Small Business Administration to certify that  telecommuting opportunities were made available to their entire eligible workforce.  It also includes reporting requirements for that year and the designation of telework coordinators.

2004

Consolidated Appropriations Act, Public Law 108-199, §627  (external link) (PDF file)(page 97): This section required the Departments of Commerce, Justice, State, the Judiciary, and the Small Business Administration to establish a telework policy allowing eligible employees to participate in telecommuting to the maximum extent possible, so long as the employee’s performance is not diminished.

2003

Consolidated Appropriations Resolution, Public Law 108-7, §623 (external link) (PDF file)(page 93): This section granted funding for the Departments of Commerce, Justice, and State, the Judiciary, and the Small Business Administration to implement telecommuting programs.   It also required bi-annual reports and the designation of telework coordinators.

Telecommuting and other alternative workplace arrangements, Public Law 107-217, §587 (external link) (PDF file) (pgs. 53-55): This section addressed the development of alternative workplace arrangements and required GSA to provide guidance, assistance, and oversight to Executive agencies regarding planning, establishment and operation of alternative workplace arrangements. Alternative workplace arrangements was defined to include: hoteling, telecommuting, virtual offices, telework centers, hot desking, and other distributed workplace arrangements.

2002

Treasury, Postal Service, and General Government Appropriations Act, Public Law 107-67, §638 (external link) (PDF file) (pg. 41): This section required certain Executive agencies to report to the Office of Personnel Management concerning their efforts to implement flexiplace telecommuting programs.

2000

Department of Transportation and Related Agencies Appropriations Act, Public Law 106-346, §359 (external link) (PDF file)(pg. 38): This section required each Executive agency to establish a telecommuting policy allowing eligible employees to participate in telecommuting to the maximum extent possible, so long as the employee’s performance is not diminished.

1999

Omnibus Consolidated and Emergency Supplemental Appropriations Act, Public Law 105-277, §630 (external link) (PDF file)(pg. 523): This section set aside funding for specified Executive agencies to carry out a flexiplace work telecommuting program.  Flexiplace Work Telecommuting Program was defined as “a program under which employees of an Executive agency are permitted to perform all or a portion of their duties at a flexiplace work telecommuting center...”

1996

Omnibus Consolidated Appropriations Act, 1997, Public Law 104-208 §407 (external link) (PDF file)(pg. 338): This section permitted GSA to establish telecommuting centers.  It also allowed GSA to provide guidance, assistance, and oversight regarding planning, establishment and operations of alternative workplace arrangements.  

Treasury, Postal Service, and General Government Appropriations Act, Public Law 104-52, §620 (external link) (PDF file)(pg. 35): This section permitted agencies participating in the Federal Flexiplace Project to use appropriated funds to install telephone lines, necessary equipment, and to pay the monthly  charges in a private residence. 

1994

Treasury, Postal Service and General Government Appropriations Act, Public Law 103-329, §625 (external link) (PDF file)(pg. 41): This section permitted agencies participating in the Federal Flexiplace Project to use appropriated funds to install telephone lines, necessary equipment, and to pay the monthly charges in a private residence. 

1993

Treasury, Postal Service and General Government Appropriations Act, Public Law 103-123, §623 (external link) (PDF file)(pg. 40): This section permitted agencies participating in the Federal Flexiplace Project to use appropriated funds to install telephone lines, necessary equipment, and to pay the monthly charges in a private residence. 

1992

Treasury, Postal Service and General Government Appropriations Act, Public Law 102-393, §625 (external link) (PDF file)(pg. 43): This section permitted agencies participating in the Federal Flexiplace Project to use appropriated funds to install telephone lines, necessary equipment, and to pay the monthly  charges in a private residence.   

1990

Treasury, Postal Service and General Government Appropriations Act, 1991 Public Law 101-509, §624:  This section permitted agencies participating in the Federal Flexiplace Project to use  appropriated funds to install telephone lines, necessary equipment, and to pay the monthly  charges in a private residence.  It was the first time Congress provided funds for “flexiplace” arrangements.

Annual Reports

The U.S. Office of Personnel Management (OPM) issues an annual report to Congress, summarizing information provided by Executive Branch agencies on the status of their telework programs.  Reports issued after 2010 evaluate telework under the Telework Enhancement Act and use different measures than those included in earlier reports.

Other Reports

The Government Accountability Office (GAO) has long served an important role in studying the advancement of telework initiatives in the Federal Government.  Many of GAO's reports are done at the request of congressional committees or subcommittees or are mandated by public laws or committee reports.  A list of GAO reports on the topic of telework can be found below.

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