TUESDAY, JULY 13, 2010


KLMNO


S THE FEDERAL WORKER


Tightened telework bill awaits House vote First attempt derailed


by security concerns; participation low


by Ed O’Keefe


House lawmakers are set to vote this week on a bill that would expand telework options across the federal government, as a new survey of federal workers has found that just 10 percent use the option. Agencies would be required to appoint a telework managing offi- cer with the goal of boosting over- all participation. Employees could telework only if it didn’t af- fect agency operations, and work- ers who handle secure or classi-


fied materials or information would have to work from their of- fices. Supporters say the bill could help the government avoid weath- er-related shutdowns, such as happened during February’s bliz- zard, by giving workers the option of working from home or else- where. The Obama administra- tion also considers telework an at- tractive federal benefit that could help woo job applicants. The bill should pass this week through a special fast-track rule requiring a simple majority to ap- prove it, Democratic aides said. It failed to pass in May amid Repub- lican opposition to its $30 million price tag. Other opponents have cited potential breaches of agency computer security and worries among federal managers that workers might not field calls re-


garding agency business if they’re not in the office. Democratic supporters, led by


Rep. John Sarbanes (Md.), have said the bill will save taxpayer dol- lars over the long term and cite OPM findings that federal workers who worked from home during February’s snowstorms saved the government about $30million by maintaining operations. Support- ers also included the provisions prohibiting workers who handle secure or classified materials or in- formation from teleworking to ad- dress the security concerns. This week’s vote comes as the


Office of Personnel Management released statistics on telework participation from the new Feder- al Employee Viewpoint Survey, which polled more than 263,000 executive branch employees.


Not away from the office


Ten percent said they telework at least once a week; 12 percent do so less frequently. Thirty-six percent — including law enforcement officers, lab technicians and national park rangers — said they can’t telework because they must be physically present to do their job; 7 percent said they don’t telework because of technical issues; 23 percent said they don’t telework because they’re not allowed to; and 12 percent said they choose not to. The results mean 64 percent of


federal workers could work re- motely if given the opportunity. “Hopefully, those numbers will continue to climb so we can con- tinue to push employees and managers to move in that direc- tion,” said OPM Director John Berry, a leading telework advo- cate who called the option “a valu-


Defense of Marriage Act on shaky ground in Mass. benefits case


FEDERAL DIARY Joe Davidson


fringe benefits for their spouses, the Defense of Marriage Act is indefensible. That’s the basic message in a ruling issued last week by a federal district judge in Boston. Judge Joseph L. Tauro


W


systematically refuted Obama administration arguments as he decided in favor of a U.S. Postal Service employee who was denied employer-sponsored health insurance for her spouse. “DOMA fails to pass constitutional muster,” he wrote about a key section of the law, because it “violates core principles of equal protection.” The ruling applies only to


Massachusetts, and even there it won’t take effect unless affirmed during what probably will be a lengthy appeals process. Nancy Gill, the lead plaintiff, is thrilled by the ruling, but she knows it could be a while before equality for gays and lesbians is a reality. “We know it’s just one step on the ladder, but it’s another step forward,” said the 23-year Postal Service worker. She has been married to Marcelle Letourneau since 2004. They’ve been in a committed relationship for 30 years. President Obama has long been critical of the law that says “the word ‘marriage’ means only a legal union between one man and one woman as husband and wife, and the word ‘spouse’ refers only to a person of the opposite sex who is a husband or a wife.’’ The administration, however, is


obliged to defend laws that Congress passes, so the Justice Department held its nose and did so. But it didn’t hesitate to let the court know that doing so was a smelly job.


hen it comes to denying federal employees in same-sex marriages


apart from Congress’ desire to express its disapprobation of same-sex marriage.” Having dismantled the congressional justification for the law, which Obama doesn’t support anyway, the judge turned his sharp reasoning on the DOMA defense presented by the administration. The Justice Department argued it was reasonable for Congress to enact DOMA to preserve the status quo in marriage and to ensure consistency in federal spousal benefits in various states. The judge noted that states


SUSAN SYMONDS/INFINITY PORTRAIT DESIGN “It’s another step forward.”


— Nancy Gill, left, the lead plaintiff, and her partner of 30 years, Marcelle Letourneau, on a judge’s ruling in favor of granting same-sex marriage benefits


“This administration believes


the Defense of Marriage Act (“DOMA”) is discriminatory and should be repealed,” says the first line in the introduction to a government brief in the case. That pretty much sums up the position of DOMA opponents, but the administration nonetheless had to argue in favor of a law it doesn’t like. Tauro took apart those arguments, and the congressional justifications for the law, one by one. First the congressional


justifications. Tauro responded to a congressional document that listed four reasons the law was passed. To encourage procreation: “A desire to encourage heterosexual couples to procreate and rear their own children more responsibly would not provide a rational basis for denying federal


recognition to same-sex marriages,” Tauro wrote. “Such denial does nothing to promote stability in heterosexual parenting.” To defend heterosexual


marriage: “This court cannot discern a means by which the federal government’s denial of benefits to same-sex spouses might encourage homosexual people to marry members of the opposite sex.” To defend traditional norms of


morality: This could be achieved “ ‘only by punishing same-sex couples who exercise their rights under state law,’ ” Tauro said, citing another decision. “And this the Constitution does not permit.” To preserve scarce resources:


“This court can discern no principled reason to cut government expenditures at the particular expense of Plaintiffs,


have always had different rules for marital eligibility, so there really isn’t consistency. “For example,” he said, “a thirteen year-old female and a fourteen year-old male, who have the consent of their parents, can obtain a valid marriage license in the state of New Hampshire.” Good grief. Yet, he added, Uncle Sam “has fully embraced these variations and inconsistencies in state marriage laws” for federal purposes. The government’s argument assumed that “Congress has some interest in a uniform definition of marriage for purposes of determining federal rights, benefits, and privileges,” he said. “There is no such interest.” Preserving the status quo at the


federal level, Tauro wrote, “was to recognize, for federal purposes, any marriage declared valid according to state law.” DOMA, he continued, “was, in fact, a significant departure from the status quo” of recognizing valid state-sanctioned marriages. There is one segment of the


federal government Gill doesn’t have to fight for recognition of her marriage — her colleagues. Among the people she has worked with, including her supervisors, “I’ve always been very well received. I’ve been out since I’ve been there,” she said. “I’ve always been supported by


my co-workers.” federaldiary@washpost.com


Copies of the judge’s decision and the Defense of Marriage Act are available with this column at washingtonpost.com.


Among other topics, in an Office of Personnel Management survey, more than 263,000 executive branch employees were asked whether they telework or why they don’t:


Telework 22%


On a regular basis Infrequently


Because I have technical issues


Because I am not allowed, even though I have the kind of job where I can telework


12 10 7 23 12 Because I choose not to telework SOURCE: 2010 Federal Employee Viewpoint Survey, Office of Personnel Management THE WASHINGTON POST


able tool for the government.” Steve O’Keeffe, executive direc- tor of the Telework Exchange, said the survey’s results mirror previ- ous findings. “It’s a good direc- tion, but it also shows where we still need to go,” he said.


“Agencies really need to put their programs into drive by edu- cating employees, training man- agement and, importantly, setting an example by having upper man- agement telework,” O’Keeffe said. ed.okeefe@washingtonpost.com


VA loosens process for PTSD claims Service members


encouraged to reapply by Ed O’Keefe


The Department of Veterans


Affairs is encouraging military veterans previously denied ben- efits for post-traumatic stress dis- order to start reapplying Tuesday as the agency’s tedious claims process comes to an end. Starting Tuesday, the VA will


no longer require veterans to pro- vide documented proof of events that might have caused symp- toms of the disorder. Instead, a department psychologist or psy- chiatrist will screen a veteran to verify that the stressful experi- ences they recall are consistent with their military service and PTSD symptoms, including irri- tability, flashbacks, deep depres- sion, and other emotional or be- havior problems. “We are acknowledging the in- herently stressful nature of the places and circumstances of mili- tary service, in which the reality and fear of hostile or terrorist ac- tivities is always present,” Mi- chael Wolcoff, VA acting under- secretary for benefits, said Mon- day. The new policy means that VA will for the first time recognize the nature of military conflicts to include guerrilla warfare, insur- gent activity, the absence of a de- fined front line, and the inability of service members to distinguish between potential allies and threats. The changes apply to pending claims and any received on or af- ter Tuesday. Veterans previously


In Session Freshman Rep. Jason Chaffetz of Utah is among a small group of House Republicans opposed to the war in Afghanistan. The Federal Page, A13


ON WASHINGTONPOST.COM


The Federal Employee Viewpoint Survey, released Monday by the Office of Personnel Management, noted that while many federal workers continue to be satisfied with their jobs and their pay, many are less satisfied with some life/work balance support programs such as child care and elder care. How can these programs be improved to better serve employees and their families?  E-mail your answer to federaleye@washingtonpost.com, and include your full name, home town and the agency for which you work. We might include your response in Friday’s Washington Post.


Applying quantum physics in the Internet age FED FACES


Joshua Bienfang: Physicist, Electron & Optical Physics Division, National Institute of Standards and Technology, Department of Commerce


Best known for: Applying the principles of quantum physics to develop a way to send and re- ceive 100 percent secure encrypted messages at record speeds using ex- isting high-speed tele- communications tech- nology. The cutting- edge achievement has potential implications for national security, the military, medical rec- ords privacy and com- merce. Government service: Bienfang worked from 2000 to 2002 at the Air Force Research Labs, Kirt- land AFB, New Mexico, before


Bienfang


joining NIST in 2003 to work on high-speed quantum cryptogra- phy. Since 2005, he has been a physicist in the Elec- tron and Optical Phys- ics Division, continuing to research quantum communications. Biggest challenge: The toughest part of the en- cryption project was de- veloping a significant amount of custom- made, high-speed data- processing hardware


and software to implement the communications protocol and encryption service, he says. From a personal standpoint, gaining


proficiency and skill in all the re- quired disciplines required a lot of work. Quote: “Federal servants are rightly held to a high standard, and NIST has a uniquely strong culture of integrity and excel- lence in scientific research. Each day I feel lucky to have the oppor- tunity to work on behalf of the United States of America, and to do so as part of the community at NIST is icing on the cake.” —from the Partnership for Public Service


For more on Bienfang, go to washingtonpost.com/fedpage.


denied benefits 36 Do not telework 78%


Because I have to be physically present on the job


B3


denied PTSD benefits should also reapply, officials said. More than 400,000 veterans of all military operations receive benefits for the disorder, of which about 19,000 are women, accord- ing to the VA. Officials could not say how much the policy change will cost, but congressional estimates sug- gest the VA will pay at least $5.2 billion in PTSD benefits pay- ments over the next decade. “The system has always paid for this,” Wolcoff said, “whether the system pays because the vet- eran comes to one of our centers and identifies the condition, whether he’s being treated at a medical center for other condi- tions and this comes up, or whether he doesn’t get treated at all and society pays in other ways.” In addition to monetary costs,


the new policy should reduce the amount of time it takes to process claims, in some cases by years, Wolcoff said. Officials anticipate that the


changes should make life easier for veterans such as Robert Kingsley, a 27-year-old Air Force veteran who applied for PTSD benefits more than two years ago. Shortly after speaking last week with The Washington Post, Kingsley learned that his PTSD claims had been denied. The rea- son? A spelling mistake on his forms.


“I guess I’m the last victim of the old rule,” Kingsley said Mon- day. But he remains optimistic: VA officials promised to revisit his claims after he spoke Monday with officials at an event an- nouncing the policy changes. And if those efforts fail, “I will apply again,” he said. ed.okeefe@washingtonpost.com


Fine Print Has the United States really “shut down” the Russian program of using “illegals” to gather intelligence? Insiders say no way. The Federal Page, A13


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