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.

## Legislative History

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.

## OPM Reports

## 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.
            - Status of Telework in the Federal Government, 2023 (PDF file)  [2.34 MB]
            - Status of Telework in the Federal Government, 2022 (PDF file)  [5.76 MB]
            - Status of Telework in the Federal Government, 2021 (PDF file)  [2.86 MB]
            - Status of Telework in the Federal Government, 2020 (PDF file)  [3.9 MB]
            - Status of Telework in the Federal Government, 2019 (PDF file)  [7.94 MB]
            - Status of Telework in the Federal Government, 2018 (PDF file)  [4.89 MB]
            - Status of Telework in the Federal Government, 2017 (PDF file)  [17.6 MB]
            - Status of Telework in the Federal Government, 2016 (PDF file)  [3.41 MB]
            - Status of Telework in the Federal Government, 2014 (PDF file)  [3.47 MB]
            - Status of Telework in the Federal Government, 2013 (PDF file)  [4.35 MB]
            - Status of Telework in the Federal Government, 2012 (PDF file)  [4.12 MB]
            - Status of Telework in the Federal Government, 2010 (PDF file)  [2.72 MB]
            - Status of Telework in the Federal Government, 2009 (PDF file)  [2.63 MB]
            - Status of Telework in the Federal Government, 2008 (PDF file)  [2.37 MB]
            - Status of Telework in the Federal Government, 2007 (PDF file)  [1.1 MB]
            - Status of Telework in the Federal Government, 2006 (PDF file)  [3.67 MB]
            - Status of Telework in the Federal Government, 2005 (PDF file)  [708.61 KB]
            - Status of Telework in the Federal Government, 2004 (PDF file)  [853.57 KB]

## Other Reports

            - The Telework Whitepaper (PDF file)  [725 KB]
            - Work-Life Program Evaluation Guide (PDF file)  [708 KB]
            - Literature Reviews and Best Practices for Agencies (PDF file)  [359.74 KB] June 2012 
            - Telework Works: A Compendium of Success Stories, May 2001 (PDF file)  [111.62 KB] May 2001 

## Government Accountability Office 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.
            - Federal Telework: Better Guidance Could Help Agencies Calculate Benefits and Costs (external link) (PDF file)  July 2016 
            - Telecommunications: Federal Deployment Programs and Small Business (external link)  February 2014 
            - OPM's 2012 Telework Report Shows Opportunities for Improvement (external link) (PDF file)  June 2013 
            - Influenza Pandemic: Agencies Report Progress in Plans to Protect Federal Workers but Oversight Could Be Improved  July 2012 
            - Program Measurement Continues to Confront Data Reliability Issues (external link) (PDF file)  April 2012 
            - Agencies Need Coordinated Guidance on Incorporating Telework into Emergency and Continuity Planning (external link) (PDF file)  July 2011 
            - Participant-Identified Leading Practices That Could Increase the Employment of Individuals with Disabilities in the Federal Workforce (external link)  October 2010 
            - Key Securities Market Participants Are Making Progress, but Agencies Could Do More to Address Potential Internet Congestion and Encourage Readiness (external link)  October 2009 
            - Influenza Pandemic: Greater Agency Accountability Needed to Protect Federal Workers in the Event of a Pandemic (external link)  June 2009 
            - Influenza Pandemic: Increased Agency Accountability Could Help Federal Employees Serving the Public in the Event of a Pandemic (external link)  June 2009 
            - Telework Programs Need Clear Goals and Reliable Data (external link) (PDF file)  November 2007 
            - Greater Focus on Results in Telework Programs Needed (external link) (PDF file)  June 2007 
            - Agencies Could Improve Planning for Telework During Disruptions (external link) (PDF file)  May 2006 
            - Continuity of Operations - Selected Agencies Could Improve Planning for Use of Alternate Facilities and Telework During Disruptions (external link) (PDF file)  May 2006 
            - Agency Telework Methodologies (external link) (PDF file)  September 2005 
            - Key Practices to Increasing Federal Telework (external link) (PDF file)  July 2004 
            - Further Guidance, Assistance, and Coordination Can Improve Federal Telework Efforts (external link) (PDF file)  July 2003 

## Merit System Protection Board Reports

            - Telework: Weighing the Information, Determining an Appropriate Approach (external link)  October 2011 
            - Balancing Work Responsibilities and Family Needs (external link)  November 1991 

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