> **Federal Register** / Vol. 71, No. 52 / Friday, March 17, 2006 /
> Notices

**13845**

> **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.
>
> **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. § 587(c)(3), (Pub. L. 104--

208, div. A, title I, § 101(f), title IV,

§ 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.

§ 587(c)(2), (Pub. L. 104--208, div. A, title I, § 101(f), title IV, §
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. § 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. § 587(d)(2), Public Law

105--277, div. A, § 101(h), title VI, § 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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> **13846 Federal Register** / Vol. 71, No. 52 / Friday, March 17, 2006
> / Notices
>
> \(1\) 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. § 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 §§ 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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> **Federal Register** / Vol. 71, No. 52 / Friday, March 17, 2006 /
> Notices

**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. § 3302(b)
>
> (miscellaneous receipts rule) and 31
>
> U.S.C. § 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*l*model*l*may*l*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. § 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. § 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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> **13848 Federal Register** / Vol. 71, No. 52 / Friday, March 17, 2006
> / Notices
>
> **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. § 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**
>
> **OFFICE OF GOVERNMENT ETHICS Proposed Collection; Comment Request for
> Modified OGE Form 450**
>
> **Executive Branch Confidential Financial Disclosure Report (New First
> Round Notice)**
>
> **AGENCY:** Office of Government Ethics
>
> (OGE).
>
> **ACTION:** Notice.

**ADDRESSES:** You may submit comments to OGE on this paperwork notice
by any of the following methods:

*E-mail: usoge@oge.gov* (include reference to ''OGE Form 450 Paperwork
Comment'' in the subject line of the message).

> *Fax:* 202--482--9237.

*Mail, Hand Delivery/Courier:* Office of Government Ethics, Suite 500,
1201

New York Avenue, NW., Washington, DC 20005--3917, Attention: James V.
Parle, Associate Director, Information Resources Management Division.

**FOR FURTHER INFORMATION CONTACT:** James V. Parle, Associate Director,
Information Resources Management Division, Office of Government Ethics;
Telephone: 202--482--9300; TDD: 202--

482--9293; Fax: 202--482--9237. A copy of the proposed further modified
OGE Form 450 may be obtained, without charge, by contacting Mr. Parle.
**SUPPLEMENTARY INFORMATION:** The OGE Form 450 (OMB control
#3209--0006) collects information from covered department and agency
officials as required under OGE's executive branchwide regulatory
provisions in subpart I of 5 CFR part 2634. The OGE Form 450 serves as
the uniform report form for collection, on a confidential basis, of
financial information required

regulation (5 CFR part 2634), constitute the basic reporting system that
OGE has prescribed for such confidential financial disclosure in the
executive branch.

**Proposed Further Modifications to the**

**Form**

As noted above, in August of 2005, the Office of Government Ethics
published a first round paperwork notice that it intended to modify the
OGE Form 450 Executive Branch Confidential Financial Disclosure Report
form, to improve its clarity and design, and to change in part the
information that it collects. See 70 FR

47204--47206 (August 12, 2005). We also made our draft form as proposed
to be modified available for public review

and comment upon request. OGE received 18 agency comments on the
proposed revised form, both in response to that paperwork notice and
form- specific comments in response to the related proposed amendments
to the confidential disclosure regulation noted below. Based thereon,
OGE is now proposing further modifications to the OGE Form 450's design
and content, and publishing in the **Federal Register** this additional
first round paperwork notice.

> As we noted in our first paperwork
>
> by the OGE regulation from covered

notice, the proposed modifications to

> **SUMMARY:** In August of 2005, the Office of Government Ethics
> published in the **Federal Register** a first round paperwork notice
> that it intended to modify the OGE Form 450 Executive Branch
> Confidential Financial Disclosure Report form, to improve its clarity
> and design, and to change in part the information that it collects.
> Because we received so many helpful comments in response to that
> notice, we have significantly redesigned the proposed new OGE Form 450
> and are publishing another first round paperwork notice in order to
> provide a further comment period. After this additional first round
>
> notice and public comment period, OGE
>
> plans to submit a modified OGE Form
>
> 450 to the Office of Management and Budget (OMB) for review and
> three-year extension of approval under the Paperwork Reduction Act.
> The modified OGE Form 450 would be used for confidential disclosure
> financial disclosure reporting starting in 2007 under OGE's proposed
> amended executive branch regulations, once those regulatory revisions
> are finalized and become effective.
>
> **DATES:** Comments by the public and agencies on this proposal are
> invited and should be received by May 31,
>
> 2006\.

new entrant and incumbent employees of Federal Government executive
branch departments and agencies. Agency

ethics officials then use the completed OGE Form 450 reports to conduct
conflict of interest reviews and to resolve any actual or potential
conflicts identified.

The basis for the OGE regulation and the report form is two-fold. First,
section

201(d) of Executive Order 12674 of April 12, 1989 (as modified by
Executive Order 12731 of October 17,

1990, 3 CFR, 1990 Comp., pp. 306--311, at p. 308) makes OGE responsible
for the establishment of a system of nonpublic

(confidential) financial disclosure by executive branch employees to
complement the system of public financial disclosure under the Ethics in
Government Act of 1978 (the ''Ethics Act''), as amended, 5 U.S.C.
appendix. Second, section 107(a) of the Ethics Act,

5 U.S.C. app., sec. 107(a), further provides authority for OGE as the
supervising ethics office for the executive branch of the Federal
Government to require that appropriate executive agency employees file
confidential financial disclosure reports,

''in such form as the supervising ethics office may prescribe.'' The OGE
Form

450, and the underlying executive branchwide financial disclosure

the OGE Form 450 (both the previous and current drafts) are intended
primarily to make it easier for filers to complete the form
electronically. Modifications being proposed to the current version of
the OGE Form 450

(9/02 edition) include changing the form layout from landscape to
portrait. OGE expects to have a system in place by February 2007, not
only for electronic completion of the new form but also for electronic
filing.

Regardless of whether the form is filed electronically, the proposed
modifications also are intended to make completion of the OGE Form 450
easier overall, by simplifying the instructions and placing them on the
same pages as the reporting schedules so that filers will not have to
scroll through multiple screens to read directions. Moreover, contacting
filers with follow-up questions would be facilitated by the addition of
space for the filer's e-mail address.

In response to concerns expressed about the length of the proposed
modified form, we have decreased the number of pages from nine to five,
or to one page if the filer has nothing to report. We did this, in part,
by recombining the ''noninvestment income'' and the ''assets and
investment income'' subparts into one part entitled

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