The REMOTE Act mandates the collection and reporting of teleworking employee data, including login activity and network traffic, to assess telework efficiency and impacts, while also requiring stricter login protocols and reporting of telework privilege revocations.
Joni Ernst
Senator
IA
The REMOTE Act mandates executive departments to monitor and report on the network usage of teleworking employees, comparing their login activity and network traffic to that of employees working from headquarters. It requires the use of Personal Identity Verification Cards or Common Access Cards for logins and directs the publication of this data in budget justification materials, while protecting personally identifiable information. Additionally, the act amends reporting requirements for Chief Human Capital Officers, requiring them to detail telework's impact and provide justification for telework revocations.
The "Requiring Effective Management and Oversight of Teleworking Employees Act," or REMOTE Act, isn't just tweaking telework rules for federal employees – it's launching a full-scale data collection operation. This bill, signed into law, greenlights extensive monitoring of teleworking employees in Executive departments, raising some serious questions about privacy and workplace trust.
The core of the REMOTE Act is about tracking what teleworking employees are doing online. Within 180 days, agencies must start recording "login activity" and "network traffic" of employees working remotely (Sec. 2). "Login activity" means when you log in and how long you're connected. "Network traffic" is a much broader term, encompassing essentially all data flowing to and from your computer while you are working remotely. Managers are also directed to "periodically review" this network traffic. After a year, agencies have to start keeping detailed records: average daily logins, connection durations, and that network traffic data. This data is stored for a minimum of three years, and the law is very specific that it can be kept longer (Sec. 2).
It's not just about collecting the data; it's about making it public. Starting with the first fiscal year that kicks off 180 days after enactment, and every year after that, agencies have to publish this data in their budget justification materials. While the bill states that personally identifiable information must be protected, it mandates comparisons of login rates between teleworking employees and those at headquarters (Sec. 2). Think of it like a publicly available report card, comparing remote workers to those in the office, based on metrics that are, at best, indirect measures of actual work.
Section 3 dives into the management side of telework. Chief Human Capital Officers now have to report annually on "efforts to promote efficient telework use." But there's a catch: they also have to detail any "negative impacts of telework policies, including increased disciplinary actions." And if a manager revokes an employee's telework privileges? Get ready for a paperwork deluge. Within 60 days of enactment, agencies will require managers to document everything: the employee's name, title, office, years of service, worksite, pay rate, telework days in the past six work periods, a summary of why telework was revoked, and any prior disciplinary steps (Sec. 3). This information goes to both the agency's human capital office and the employee. While seemingly about accountability, this level of detail could easily discourage managers from granting telework in the first place, fearing the bureaucratic burden if things don't work out.
Imagine a graphic designer working from home. Under this law, their every login, the duration of their connection, and all the data they use – from downloading stock photos to collaborating on design files – is tracked, stored, and potentially published in aggregated form. Or consider a data entry specialist, whose speed and accuracy are crucial. The REMOTE Act focuses on connection time and network traffic, not necessarily the quality or quantity of work completed. This raises the question: are we measuring the right things? And what happens if the data is misinterpreted or misused? The bill is silent on safeguards against that.
While the bill aims for increased accountability, the sheer scope of data collection and the potential for its use (or misuse) casts a long shadow. The REMOTE Act isn't just about remote work; it's about how much the government trusts its employees, and whether constant digital surveillance is the best way to ensure productivity.