[Federal Register: March 17, 2006 (Volume 71, Number 52)]
[Notices]
[Page 13845-13848]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17mr06-83]
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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,
stanley.langfeld@gsa.gov, 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:
[[Page 13846]]
(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: stanley.langfeld@gsa.gov.
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.
[[Page 13847]]
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