U.S. House of Representatives Committee on Oversight and Government Reform
01/15/2025 | Press release | Distributed by Public on 01/15/2025 17:42
Hearing Wrap Up: The Biden Administration’s Enhanced Telework for Bureaucrats Jeopardizes Agency Missions and Critical Services to the American People
WASHINGTON-The House Committee on Oversight and Government Reform today held its first hearing of the 119th Congress titled, "The Stay-at-Home Federal Workforce: Another Biden-Harris Legacy." Ahead of President Donald Trump's inauguration, Biden Administration officials have collaborated with employee unions to guarantee federal workers long-term telework privileges. These deals are being inked despite evidence that telework is harming, not helping, the ability of agencies to deliver vital services to the American people. Members championed President-elect Trump's agenda to bring accountability to the federal workforce and emphasized that critical government services should not be stalled because the outgoing Biden Administration wants to leave parting gifts to federal workforce unions. Fulfilling the needs of the American people should be the top priority of federal agencies. The Committee will work with the incoming Trump Administration to ensure a more efficient and effective federal workforce.
Key Takeaways:
The House Oversight Committee's investigation into the Biden-Harris Administration's prolonged pandemic-era telework policies revealed agencies are failing to fulfill their responsibilities and Americans are suffering from poor service.
- Earlier today, the Committee released a report detailing the results of its telework investigation during the 118th Congress. This report includes findings related to federal employee telework during the Biden-Harris Administration and highlights how prolonged telework has harmed agency mission achievement, caused services to deteriorate, and hiked taxpayer costs.
- Chairman James Comer: "The Biden Administration's own data shows that the vast majority of federal office workers around the nation remain at home-either some, most, or all of the time. And that's just the official data. In our telework investigation, we learned that most agencies haven't been effectively tracking when employees are in the office. Throughout our investigation of federal telework, Biden-Harris appointees failed to provide requested data about agency telework. They don't know the impact massive telework has had on agency mission achievement, or citizen services."
Biden-Harris Administration officials are actively working with their federal labor union allies to cement high telework levels to undermine President Trump's electoral mandate and the incoming Administration's agenda.
- Chairman James Comer: "How is this good for democracy? The voters just delivered President Trump an electoral mandate to run the executive branch. Should union contracts designed to tie his hands take precedence over that mandate? An American Federation of Government Employees union spokesman told the Washington Post recently that the employees have to come back this month, 'to ensure that the staff is fully prepared to tackle an onslaught of Trump policies targeting the federal workforce.' The union's message couldn't be clearer: For those doing the people's business in a federal job, showing up should be optional. Those charged with blunting the Trump agenda, however, need to be on their A-game."
In the 119th Congress, the House Oversight Committee will work with President Trump's Administration to ensure the unelected federal bureaucracy is held accountable and the federal government operates more effectively and efficiently.
- In his closing remarks, Chairman James Comer announced he will reintroduce legislation to ensure federal employees show up for the people they serve. It has been nearly two years since the House passed the SHOW UP Act-a bill to return federal employee telework to pre-pandemic levels, which only collected dust on Senator Schumer's desk last Congress.
Member Highlights:
Chairman James Comer (R-Ky.) highlighted that the nation's capital has the highest work-from-home rate in the United States and emphasized that enhanced telework has harmed federal agency performance.
Rep. Comer: "The lights may be on in federal buildings, but too many federal bureaucrats continue to work from home. Prolonged pandemic-era telework reveals the Biden-Harris Administration has ceded too much authority to the federal union bosses, allowing their preference to work from home to take precedence over fulfilling agencies' missions and serving the American people… Mr. Davis, your written testimony notes D.C. has the highest work-from-home rate in the country. Many private companies are doing the opposite. Should the Trump Administration try a different approach?"
Mr. Davis: "The private sector is way ahead of the government on this in terms of returning to the office. This new administration is going to be able to look at this with new eyes."
Rep. Comer: "Americans deserve better service from their government. Even D.C. Mayor Muriel Bowser recognizes the economic consequences of federal employees not coming to work. Mayor Bowser testified she strongly supports the SHOW UP Act because the downtown D.C. area is a ghost town now."
Rep. Marjorie Taylor Greene (R-Ga.) pointed out that instead of prioritizing American interests by negotiating against federal labor unions, the former SSA Commissioner, Martin O'Malley, worked with his union allies to try to make telework an entitlement for the agency bureaucracy until 2029. She also noted that, despite Mr. O'Malley's claims to the contrary, her constituents continue to face long wait times at the SSA.
Rep. Greene: "Unelected bureaucrats do not have a mandate from the American voters. President Trump does. And President Trump is the incoming president starting on Monday. This means that the unelected bureaucrats that work for the federal government will come into place, and they will come to heel to the American people that have delivered the mandate. Again, President Trump was elected to put the federal bureaucracy in its place. And that includes back in the office. However, Mr. O'Malley signed a contract on his way out the door of the Social Security Administration to stifle President Trump's authority over the federal workforce. This locks in telework policies from the Biden-era.
…
"My constituents cannot get through the phone lines to even schedule an in-person appointment.
In just the last week, nearly a dozen constituents have contacted my office, complaining that when they called to schedule an appointment, they were placed on hold for hours, then ultimately routed to the voicemail where no one answered and no one called them back and this has been going on and on and on. This is absolutely unacceptable! And the American people deserve to know the root cause of why this policy was implemented to begin with. The short answer is your telework policies."
Rep. Clay Higgins (R-La.) placed a phone call to the SSA during the hearing, and waited on the line for nearly an hour and a half with no success in reaching an SSA employee. Every day, elderly Americans have been subjected to long wait times and insufficient Social Security assistance because of the failures of the Biden Administration's stay-at-home federal work force.
Rep. Higgins: "One of the benefits of having other committee obligations and arriving at Oversight Committee behind my colleague is that I get to listen to all the testimony. Mr. Chairman, this is Social Security *holds up phone* for one hour, 28-minutes, 25 seconds. The phone number is 800-772-1213. That's the number for Social Security. *continues holding up phone*
"This is what our elders have to listen to. The reason our elders call for help is because they need help, not because they want to listen to elevator music. They want to talk to a human being. The first five minutes of this hour and a half, Mr. Chairman, was instructions to get to various websites, which our elders have difficulty doing. I have difficulty doing it. Our elders are frequently confused and alone and scared. They don't have like laptops and apps and things. They have a telephone. They want to talk to a human being.
"Well, wait, they have a local Social Security office they could go to right now. That's a historical model. No, I give you exhibit B…From your website, listen to this. America, pay attention to what's happening to our elders. If you need in-person help, you must first make an appointment, and you make an appointment on the telephone. You know who answers the phone? Nobody."
Rep. Pat Fallon (R-Texas) blasted the Biden Administration's intentional and politically motivated efforts to cement federal telework policies after the election of President Trump.
Rep. Fallon: "When did you sign the agreement with the public sector union, the American Federation of Government Employees, that allowed tens of thousands of federal employees to continue to telework up to three days a week, a.k.a. 60% of the time? What date was that?"
Mr. O'Malley: "I told you. November 27."
Rep. Fallon: "November 27th. So, 22 days after, a very important word, AFTER the November election. Any reason it couldn't have been inked before?"
Mr. O'Malley: "Well, there was also a settlement we were able to get from the union, concessions on some grievances that had the agency exposed for millions of dollars and that was part of it. But as you know, people work against deadlines."
Rep. Fallon: "So coincidence that it was three weeks, let's say, after than before?… What year does President Trump's term end or calendar year?"
Mr. O'Malley: "…yes, 2029. And that's the term of the collective bargaining agreement which proceeded me."
Rep. Fallon: "It is? It's the same thing, 2029?"
Mr. O'Malley: "Yes."
Rep. Fallon: "Whoa, another coincidence. So, here's the good news, y'all may have been able to circumvent the American people's will this election cycle, but there's another election coming November of 2026 and the people are going to get to consider this issue."
Rep. Virginia Foxx (R-N.C.) revealed evidence showing the federal government has no way of tracking how many employees are teleworking on any given day. While private sector employers across the country are scaling back remote work, the federal government remains at a standstill and is unable to track how many employees show up to serve the American people.
Rep. Foxx: "The federal government is the largest employer in the United States, with about 2.2 million civilian employees. Out of this number, how many employees have a telework arrangement and how many are remote workers?"
Ms. Greszler: "We know that 43% are teleworking. I believe the eligibility is in the high fifties."
Rep. Foxx: "In the high fifties. So, on a typical day, about what percentage of civilian federal employees show up in the in-person workplace."
Ms. Greszler: "That we really don't know because of the way that they're classified and the way the agencies have been measuring."
Rep. Foxx: "So we have no way of tracking how many employees are teleworking or working in their offices. Is that correct?"
Ms. Greszler: "Correct."
Rep. Foxx: "In a small business or in the private sector, there's no way that management could get away with not knowing exactly how many employees are teleworking or working remotely. It's inexcusable that the federal government does not have a reliable way to figure out where its employees are working. Something has to be done. There has to be accountability."
Rep. Pete Sessions (R-Texas) called out the SSA for not effectively solving problems and for stonewalling his efforts to uncover the truth about telework inefficiency at the agency.
Rep. Sessions: "You respectfully served this great nation as the head of Social Security, the Commissioner. You and I engaged each other, and I provided this letter to you going back, and I'm sure you may or may not recall working with me."
Mr. O'Malley: "No I remember. I called you and then you called me."
Rep. Sessions: "Yes, sir. And you were very kind to call me. It was about a problem. It was not a normal run of the mill problem and so that was needed…I sent you a letter. This is dated October 30th. And you and I spoke, and you were out in the field. But I said, I am interested in a decision on this case following our phone call. It is now about January 15th. I still have not gotten an answer back to something that was very specific that came directly to the Commissioner. And the Commissioner, from the letter that I sent last week, I said I still have heard zero from the agency. Zero. And I do admit you were not there. My point might be, we're tending to focus on how efficient an agency is, but we're not really focusing on the work that they need to do."
Rep. Byron Donalds (R-Fla.) elicited a concession from every witness, including former SSA Commissioner Martin O'Malley, that the President of the United States has the legal purview to set work requirements for federal employees. The SSA's attempt to ink a long-term telework deal will inhibit President Trump's ability to fulfill this duty to the American people.
Rep. Donalds: "Do you feel that it is within the purview of the President of the United States to set the work schedule for federal employees across the board?"
Ms. Greszler: "I do. In particular, telework, that's what the Telework Act of 2010 requires."
Rep. Donalds: "Ms. Cross, do you agree with that assumption that the President of the United States has the broad authority to set work requirements for federal employees…"
Ms. Cross: "Sure."
Rep. Donalds: "Mr. O'Malley, do you agree with that assessment that the president of the United States has the unilateral authority for setting work requirements for federal employees?"
Mr. O'Malley: "No. Under the law, he has the ability, but unilaterally he has to abide by the law. At least in a republic, you abide by the law."
Rep. Donalds: "Mr. O'Malley, do you believe that the President of the United States is the unitary executive and is the executive branch?"
Mr. O'Malley: "Yes. And he has to abide under the law. He has to obey the law."
Rep. Donalds: "So you mean to tell me that the President of the United States doesn't have the ability to set work appointments?"
Mr. O'Malley: "I'm saying that he does, but he has to do so under the terms and the and the rule of the law."
Rep. Eric Burlison (R-Mo.) exposed a highly concerning case involving an SSA employee who abused the federal government's telework system by asking his family to log into his SSA work computer while he was out running a separate business.
Rep. Burlison: "How difficult it is to fire an employee who's not performing. How difficult is it and how often does it happen compared to the private sector?"
Ms. Geszler: "It's extremely difficult. As I mentioned, it takes more than a year and a half on average to get rid of a federal employee. The firing rates are a tiny fraction, I believe the exact statistic is in my testimony, but it just does not happen very often. And I think that the point that needs to be made is that the telework authority needs to be with management. It can't be taken away from them, because then when you do have problems like an SSA employee, who is having his wife and his mother log on to the system to make it look like he was working while he was instead running a home business, you can't have that accountability if it's baked into the cake that those Deputy Commissioners no longer have authority over this telework policy."
Rep. Burlison: "One of the other statistics that's interesting is that the level of union participation, I think in the public sector is 25% in the federal government. But in the private sector, it's much lower. It's lower than lower than 10%."
Rep. Brandon Gill (R-Texas), during his first line of questioning as a member of the Oversight Committee, scorched the Social Security Administration for bargaining with American taxpayer dollars in a concerted effort to cater to Democrat-backed federal unions.
Rep. Gill: "I'm not inherently against the concept of telework in areas where it can be effective, especially in the private sector, but I am highly skeptical of public sector unions bargaining with the American taxpayer. Unlike private sector unions, of course, in the public sector, unions don't have to worry about undermining the economic viability of any business or entity. In other words, there's not really a limiting principle to what they can ask for, whereas private sector unions can only bargain so much before they run their employer out of business.
…
"I can say nothing infuriates me more than knowing that a woke and weaponized IRS is taking forever to respond to my constituents back in Texas-26 because they've got employees who are relaxing at home. I'd love to see President Trump fix this, however, of course, the Biden administration, particularly former Social Security Administrator Martin O'Malley, has done everything possible to tie his hands to allow maximum teleworking.
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