[Federal Register Volume 71, Number 52 (Friday, March 17, 2006)]
[Notices]
[Pages 13845-13848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-3942]



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GENERAL SERVICES ADMINISTRATION

[FMR Bulletin 2006-B3]


Federal Management Regulation; Guidelines for Alternative 
Workplace Arrangements

AGENCY:  Office of Governmentwide Policy (MP), GSA.

ACTION:  Notice of a bulletin.

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SUMMARY:  The attached bulletin establishes guidelines for implementing 
and operating alternative workplace arrangements (AWA). These policies 
are designed to assist agencies in the design and operation of AWA 
programs as well as to resolve AWA issues commonly faced by agencies.

EFFECTIVE DATE:  This bulletin is effective March 17, 2006.

FOR FURTHER INFORMATION CONTACT:  Stanley C. Langfeld, Director, 
Regulations Management Division, General Services Administration, 
Office of Governmentwide Policy (MPR), Washington, DC 20405; e-mail, 
[email protected], telephone (202) 501-1737.



    Dated: March 13, 2006.
John G. Sindelar,
Acting Associate Administrator,Office of Governmentwide Policy.

General Services Administration

[FMR Bulletin 2006-B3]

Real Property

TO: Heads of Federal Agencies
SUBJECT: Guidelines for Alternative Workplace Arrangements
    1. What is the purpose of this bulletin? This bulletin establishes 
guidelines for implementing and operating alternative workplace 
arrangements (AWA). These policies are designed to assist agencies in 
the design and operation of AWA programs as well as to resolve AWA 
issues commonly faced by agencies.
    2. What is the effective date of this bulletin? This bulletin is 
effective March 17, 2006.
    3. When does this bulletin expire? This bulletin will remain in 
effect indefinitely until specifically cancelled.
    4. What are the terms and definitions? Following are terms and 
definitions used in and for the purposes of this bulletin:
    a. Telework and telecommuting are used interchangeably and are 
defined as the act of performing all or a portion of work functions at 
an alternative worksite, such as working from home or a telework 
center, under circumstances that reduce or eliminate the employee's 
commute. To be considered telework, it must occur at least one day per 
week on a regular and recurring basis and does not include (1) 
situational telework (unscheduled, project-oriented, non-recurring, 
and/or irregular telework and/or any teleworking that occurs less 
frequently than once a week on a recurring basis) or (2) full-time 
mobile work arrangements.
    b. AWA includes telecommuting, hoteling, virtual offices, telework 
centers, hot desking, and other distributed workplace arrangements.
    c. Telework center: A facility that (1) provides workstations and 
other office facilities/services that are utilized (typically on a fee 
for use/service basis) by employees from several organizations and (2) 
is used as a geographically convenient alternative worksite for its 
users.
    d. Excess personal property/equipment: Excess personal property is 
any personal property that is no longer required by the holding agency 
for the discharge of its responsibilities.
    e. Virtual office or virtual workplace: A work environment in which 
employees work cooperatively from different locations using a computer 
network (in lieu of a single building or other single physical 
location). As opposed to a single location site (facility) where 
workers are housed, the virtual office is typically a collaborative 
communications medium, such as a computer network, where workers gather 
electronically to collaborate and/or carry out other work activities. 
The actual physical locations of the employees working in a virtual 
office can be temporary or permanent and can be nearly anywhere, such 
as their homes, satellite offices, hotel rooms, corporate offices 
(shared work space), airports, airplanes, or automobiles.
    f. Hoteling: An AWA in which (1) employees work in one facility 
(facility A) part of the time and at one or more alternative worksites 
the rest of the time and (2) when working in facility A, these 
employees use non-dedicated, non-permanent workspaces assigned for use 
by reservation on an as-needed basis.
    g. Hot desking (also known as free address or touchdown 
workstations): An AWA in which (1) employees work in one facility 
(facility A) part of the time and at one or more alternative worksites 
the rest of the time and (2) when working in facility A, these 
employees use non-dedicated, non-permanent workspaces assigned on a 
first come, first served basis.
    5. What is the background?
    a. 40 U.S.C. Sec.  587(c)(3), (Pub. L. 104-208, div. A, title I, 
Sec.  101(f), title IV, Sec.  407(a), (September 30, 1996)), as 
revised, restated and recodified without substantive change by Pub. L. 
107-217, August 21, 2002, authorizes GSA to provide guidance, 
assistance, and oversight, as needed, regarding planning, establishment 
and operation of AWA.
    b. In accordance with 40 U.S.C. Sec.  587(c)(2), (Pub. L. 104-208, 
div. A, title I, Sec.  101(f), title IV, Sec.  407(a), (September 30, 
1996)), as revised, restated, and recodified without substantive 
change, by Pub. L. 107-217 (August 21, 2002), when considering whether 
to acquire any space, quarters, buildings, or other facilities for use 
by employees of any Executive agency, the head of that agency shall 
consider whether the need for the facilities can be met using AWA.
    c. In accordance with section 359 of Public Law 106-346, effective 
October 23, 2000, each Executive agency must establish a policy under 
which eligible employees of the agency may participate in telecommuting 
to the maximum extent possible without diminished employee performance.
    d. Guidance and policy from the Office of Personnel Management 
(February 9, 2001), http://www.telework.gov/twlaws.asp, as reflected in 
41 CFR. Sec.  102-74.590, instructs Federal agencies as follows:
    Many of you already have telecommuting policies, but this does not 
necessarily mean you are in compliance with the new law. The purpose of 
the law is to require that each agency take a fresh look at the 
barriers that currently inhibit the use of this flexibility, act to 
remove them and increase actual participation. The law recognizes that 
not all positions are appropriate for telecommuting; therefore, each 
agency must identify positions that are appropriate in a manner that 
focuses on broad objective criteria. Once an agency has established 
eligibility criteria, subject to any applicable agency policies or 
bargaining obligations, employees who meet them and want to participate 
must be allowed that opportunity if they are satisfactory performers.
    e. 40 U.S.C. Sec.  587(d)(2), Public Law 105-277, div. A, Sec.  
101(h), title VI, Sec.  630, October 21, 1998, as revised, restated and 
recodified without substantive change by Public Law 107-217, August 21, 
2002, requires that each of the following departments and agencies, in 
each fiscal year, must make at least $50,000 available from amounts 
provided for salaries and expenses to pay telework center program user 
fees:

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    (1) Department of Agriculture,
    (2) Department of Commerce,
    (3) Department of Defense,
    (4) Department of Education,
    (5) Department of Energy,
    (6) Department of Health and Human Services,
    (7) Department of Housing and Urban Development,
    (8) Department of the Interior,
    (9) Department of Justice,
    (10) Department of Labor,
    (11) Department of State,
    (12) Department of Transportation,
    (13) Department of the Treasury,
    (14) Department of Veterans Affairs,
    (15) Environmental Protection Agency,
    (16) General Services Administration,
    (17) Office of Personnel Management,
    (18) Small Business Administration,
    (19) Social Security Administration, and
    (20) United States Postal Service.
    6. Who should we contact for further information regarding locating 
Federal facilities in rural areas?
    General Services Administration,
    Office of Governmentwide Policy,
    Regulations Management Division,
    Attn: Stanley C. Langfeld,
    1800 F Street, NW.,
    Washington, DC 20405.
    Telephone Number: (202) 501-1737.
    E-mail Address: [email protected].

Guidelines for Alternative Workplace Arrangements (AWA)

I. Can agencies provide workplace equipment for use at alternative 
worksites such as employee residences or telework centers?

    Yes. Agencies may provide/procure either new or excess equipment 
for alternative worksites as long as it is clear that the equipment 
continues to belong to the Government and there is an audit trail 
indicating the location of the equipment. Regarding telecommunications 
equipment and services that agencies provide to and/or purchase for 
employees working in home-based or other alternative workplace 
arrangements (AWA), the following apply:
    a. In accordance with Public Law 104-52, section 620; 31 U.S.C. 
Sec.  1348 note, agencies may use appropriated funds to install 
telephone lines and necessary equipment, and to pay monthly charges, in 
any private residence of an employee who has been authorized to work at 
home in accordance with guidelines issued by the Office of Personnel 
Management. The head of the department, division, bureau, or office 
must certify that adequate safeguards against private misuse exist, and 
that the service is necessary for direct support of the agency's 
mission.
    b. This authority includes facsimile machines, internet services, 
broadband access, e-mail services, voice over IP equipment and 
services, desktop videoconference equipment and services, and, in 
general, any other telecommunications equipment and services the agency 
deems needed by individuals working in home-based AWA.
    c. Based on the same authority used for installing 
telecommunications equipment for a government employee in a government 
contractor's office, agencies also are authorized to provide/procure 
the telecommunications equipment/services described in paragraph b, 
above, for employees in non-home-based AWA (such as telework centers).

II. Can agencies provide teleworkers with underutilized equipment (for 
use in their alternative worksites) before it is declared excess?

    Yes. Agencies may provide underutilized computers or other 
equipment for use by teleworkers or for use in other AWA situations. In 
accordance with 41 CFR Sec. Sec.  102-36.30 and 102-36.35, even though 
equipment may no longer be used for its original purpose, employee, or 
location, the agency must determine if the equipment can serve other 
agency uses, such as in alternative worksites. The equipment does not 
officially become excess until the agency determines that it cannot be 
used in main or alternative worksites.

III. Once declared excess by one agency, can computer and/or other 
equipment be acquired for use by another agency for its telework or 
other alternative worksite program?

    Yes. When items are no longer needed by an agency, they are 
reported to GSA as excess in accordance with 41 CFR part 102-36, 
Disposition of Excess Personal Property, for possible transfer to other 
Federal agencies. To learn more about the transfer of excess personal 
property between Federal agencies, visit About Excess Transfers, on 
GSA's Property Disposal website.

IV. What help desk and/or other technical support services, if any, can 
agencies provide to and/or purchase for employees working in home-based 
telework or other alternative work arrangements?

    Agencies may provide or purchase help desk and/or other technical 
support to employees working in any approved AWA, provided the agency 
deems the support necessary for successful accomplishment of officially 
assigned work. Such support services may be provided on-site at the 
employee's alternative worksite, via telecommunication services such as 
remote control, at a service site conveniently located to the 
alternative worksite, at the employing organization's local facility, 
or using other reasonable means/locations that minimize disruption of 
the workflow.

V. Can agencies provide/procure office furnishing (e.g., desks, chairs) 
for alternative worksites?

    Yes. As with computers and equipment, agencies may provide their 
own new or used furniture or excess furniture from another agency for 
alternative worksites, as long as it is clear that the furniture 
continues to belong to the Government and there is an audit trail 
indicating the location of the furniture.

VI. Can agencies pay the utility costs for alternative worksites?

    The answer depends on the type of alternative worksite. For 
residential (home-based) alternative worksites, the answer is no. A GAO 
decision concluded that, absent specific legislative authority, an 
agency may not use appropriated funds for the reimbursement of 
employees for incremental utility costs for heating, air conditioning, 
lighting, and the operation of government-furnished data processing 
equipment associated with the residential AWA (B-225159, June 19, 
1989). For alternative worksites contractually procured by the agency 
(e.g., telework centers), the agency may pay utility costs associated 
with employee usage of the site, as long as such expenses are provided 
for in the contract between the agency and the provider of the site. 
Regarding alternative worksite arrangements not covered by the latter, 
the agency may not pay utility costs.

VII. Can agencies require employees to sign a safety checklist to 
participate in an alternative workplace arrangement? What impact does 
such a checklist have regarding the Federal Employees' Compensation 
Act?

    The answer depends upon the intended use of the checklist. If the 
checklist is used solely for program purposes, such as acquainting the 
teleworker with workplace safety, then the agency may require employees 
to sign such a checklist to participate in the program.

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    On the other hand, if the checklist is intended to have legal 
standing for safety and/or liability purposes, then the answer is no. 
In accordance with Federal Employees' Compensation Act (FECA) Bulletin 
98-9 (1998), in providing guidance for determining whether employees 
injured while working at alternative worksites meet the ``performance 
of duty'' criterion for coverage under FECA, employees who are directly 
engaged in performing the duties of their jobs are covered by FECA, 
regardless of whether the work is performed on the agency's premises or 
at an alternative worksite. There is no statement (such as a safety 
checklist) that can be signed by the employee to negate this coverage.

VIII. Can agencies allow employees to pay for their own alternative 
workspace? Can agencies establish cost sharing arrangements in which 
the agency and the employee share the costs for alternative worksite 
equipment, facilities, and/or services used by the employee?

    In cases in which the agency requires an employee to telework or 
otherwise utilize an alternative worksite, allowing or requiring an 
employee to pay for or share the costs for the alternative workspace 
would be an illegal augmentation of the agency's appropriation.
    If the agency is not ordering the employee to telework or otherwise 
utilize an alternative worksite but is, instead, merely allowing the 
employee to do so, the agency may allow or require the employee to pay 
for or share the costs for using the alternative space.
    Augmentation is a concept of appropriations law that is derived 
from statute, specifically 31 U.S.C. Sec.  3302(b) (miscellaneous 
receipts rule) and 31 U.S.C. Sec.  1301(a) (restricting the use of 
appropriated funds to their intended purposes). The Government 
Accountability Office has held that an agency may not augment its 
appropriations from outside sources without specific statutory 
authority. The concept is related to the separation of powers doctrine. 
When Congress makes an appropriation, it is also establishing an 
authorized program level. It is, in effect, telling the agency that it 
cannot operate beyond the level that it can finance under its 
appropriation. The objective of the rule against augmentation of 
appropriations is to prevent a government agency from undercutting the 
Congressional power of the purse by exceeding the amount Congress has 
appropriated for that activity.

IX. Can agencies pay taxes charged for residential telephone lines and/
or related equipment that is used for officially sanctioned telework 
purposes?

    No. The providers of residential telephone lines, services, and/or 
related telecommunications equipment/services typically charge Federal 
and State taxes for the acquisition/use of these items. Federal 
agencies are exempt from Federal taxes and, depending on State tax law, 
from State taxes as well. Accordingly, agencies are not authorized to 
pay Federal or, in some cases, State taxes for equipment or services 
used by their teleworkers.

X. Can agencies authorize teleworkers to make personal use of the 
alternative worksite equipment provided by the agency?

    Yes. The head of each agency has the authority to set personal use 
policies. In accordance with GSA guidance set forth in ``Recommended 
Executive Branch Model Policy/Guidance On Limited Personal Use Of 
Government Office Equipment Including Information Technology,''http://www.cio.gov/documents/peruse_model_may_1999.pdf, agencies can 
authorize teleworkers limited personal use of alternative worksite 
equipment. Limited personal use of the government office equipment by 
employees during non-work time is considered to be an ``authorized 
use'' of Government property. Authority for this policy is found at 5 
U.S.C. Sec.  301, which provides that the head of an executive 
department or military department may prescribe regulations for the use 
of its property, and Executive Order 13011 of July 16, 1996, Federal 
Information Technology, section 3(1), which requires the Chief 
Information Officers Council to develop recommendations for Federal 
information technology management policy, procedures, and standards.
    For more info on this topic, visit the following Web site: http://www.estrategy.gov/documents/43.pdf.

XI. Who is responsible for the relocation and re-setup of alternative 
worksite workstations and equipment when an employee relocates?

    If the relocation of an employee is required by the agency, then 
the agency is fully responsible for the relocation and re-setup of any 
associated alternative worksite workstation and/or equipment. If the 
employee relocates on her/his own accord, then the determination of 
responsibility for the relocation and re-setup of alternative worksite 
workstations and equipment (especially agency-owned workstations and 
equipment) is within the discretion of the agency. When establishing 
AWA programs, it is the agency's responsibility to establish adequate 
and equitable policies to cover this issue.

XII. Must the head of an Executive agency consider whether needs can be 
met using alternative workplace arrangements in considering whether to 
acquire space, quarters, buildings, or other facilities for use by 
employees?

    Yes. In considering whether to acquire space, quarters, buildings, 
or other facilities for use by employees, 40 U.S.C. Sec.  587(c)(2) 
requires the head of an Executive agency to consider whether needs can 
be met using AWA.

XIII. What factors should an Executive agency head consider in 
considering whether the agency's needs can be met using alternative 
workplace arrangements?

    Executive agency heads should consider as many of the following 
factors as are relevant to the agency's circumstances:
    a. Facility performance and space utilization efficiency/
effectiveness;
    b. Allocation/utilization/flexibility of space to meet diverse/
changing organizational needs;
    c. Workspace quality factors, quality of worklife;
    d. Individual/organizational performance;
    e. Technology utilization and return on investment;
    f. Reduced/saved facility costs per person;
    g. Reduced/avoided other expenses;
    h. Increased/earned revenue;
    i. Workplace/space flexibility to accommodate/meet diverse/changing 
uses, configurations, staff, and/or other organizational needs; and
    j. Environmental impact, sustainability.

XIV. Should the head of the Executive agency document the result of the 
agency's consideration of whether to acquire space, quarters, 
buildings, or other facilities for use by employees?

    Yes. Documenting the relevant considerations will help the agency 
make more informed decisions about its immediate space needs and will 
provide a reference for future agency space considerations. Through 
early planning, the agency may be able to shorten and simplify the 
space acquisition process and acquire the necessary space at the most 
reasonable cost to the Government.

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XV. Do space per person standards apply in an alternative worksite 
environment?

    No. The Government no longer maintains space per person 
requirements. Under current GSA space planning guidance, space 
allocation should be based on organizational needs. When feasible, AWA 
can accommodate those needs as well as reduce overall agency space 
requirements. This is the essence of the requirement in 40 U.S.C. Sec.  
587(c)(2): use AWA in lieu of new space acquisition to meet agency 
space needs in a more cost effective and/or otherwise beneficial 
manner.
[FR Doc. E6-3942 Filed 3-16-06; 8:45 am]
BILLING CODE 6820-RH-S