Notices. Notice of a bulletin

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BILLING CODE 6715-01-M 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:

(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. 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_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. § 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. 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. 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. 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 by the OGE regulation from covered 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 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 notice, the proposed modifications to 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 “Assets and Income”; moving all of the examples to one, removable page; and creating a removable cover page. In response to other concerns, we have moved the spaces designated for the filers' and reviewing officials' signatures from the last page to the first page of the form. In addition, we have modified the previous draft modified form by removing the column proposed in which the filer would have been required to check a box if the value of a reported stock exceeded $15,000 or if the value of a reported mutual fund exceeded $50,000. Some commenters noted that these boxes often would not assist reviewers in determining whether a filer's holdings would fall within the *de minimis* exemptions published at 5 CFR part 2640. In many cases, a filer's holdings would have to be aggregated when applying the *de minimis* exemptions, so the reviewer still would have to contact the employee for additional information. Modifications proposed to the content of the OGE Form 450 parallel changes OGE has proposed to the executive branch confidential financial disclosure regulations in part 2634 of 5 CFR. Filers will be required to use the new version of the form once the regulatory revisions are finalized and become effective, which OGE anticipates will be on January 1, 2007. See OGE's proposed rule published on August 12, 2005 at 70 FR 47138-47147. Generally, the regulatory revisions proposed include: Eliminating the reporting of diversified mutual funds, eliminating dates of honoraria, eliminating dates of agreements and arrangements (other than those for future employment), eliminating the reporting of types of income that assets earned ( *i.e.* , dividends, capital gains, interest, etc.), and revising reporting requirements relating to liabilities by eliminating the requirement to report student loans, mortgages on rental property, and credit card debt if the loans are granted on terms made available to the general public. OGE also is proposing to incorporate in the modified OGE Form 450 the new aggregation threshold of more than $305 for the reporting of gifts and travel reimbursements. This new threshold is based on the General Services Administration's (GSA's) increase in “minimal value” under the Foreign Gifts and Decorations Act to $305 or less for 2005-2007, to which the thresholds are linked by the Ethics Act and OGE regulation. See GSA's redefinition at 70 FR 2317-2318 (pt. V) (January 12, 2005), section 102(a)(2)(A) and

(B)of the Ethics Act, OGE's regulatory adjustment of the gifts/reimbursements thresholds for both public and confidential financial disclosure reports at 70 FR 12111-12112 (March 11, 2005), and OGE DAEOgram DO-05-007 of March 17, 2005, all available on OGE's Web site at *www.usoge.gov.* (When GSA next adjusts minimal value, OGE will accordingly adjust the gifts/reimbursements reporting thresholds for the three-year period beyond 2007.) Finally, OGE is proposing to update the OGE Form 450's Privacy Act Statement summary of the sixth listed routine use (see OGE's notice of revised Privacy Act records systems as published at 68 FR 3097-3109 (January 22, 2003), and routine use “f” at p. 3102 in particular). Availability and Timing After it is finally updated and authorized for use next year, OGE will make the modified OGE Form 450 available to departments and agencies, and their reporting employees, through the Forms, Publications & Other Ethics Documents section of OGE's Web site ( *www.usoge.gov* ). We will maintain the current version of the form on the OGE Web site for the rest of 2006. As noted above, OGE does not intend that the modified OGE Form 450 (once finalized) be utilized until 2007. Therefore, OGE will separately request from OMB an extension of paperwork clearance for the current version of the report form to allow its continued use for the remainder of 2006 and publish in the **Federal Register** a second round paperwork notice with respect to that requested extension. Thus, agencies should continue to have their new entrant confidential report filers, including special Government employees

(SGEs)filing such reports upon their reappointment/redesignation or appointment anniversary dates, use the current version of the form throughout this year. After the forthcoming final clearance of the new modified version of the OGE Form 450, agencies should require starting in 2007 both new entrant and annual incumbent confidential report filers to use the new version of the form. Furthermore, OGE plans to waive this fall's filing requirement as to annual fiscal year

(FY05)incumbent reports using the current version of the OGE Form 450 that otherwise would be due by October 31, 2006. Instead, we will require annual confidential filers to file the new modified form with their agencies by the new filing deadline of February 15, 2007. This first new report will incorporate a 15-month reporting period (from October 2005 through December 2006) in order to avoid any gap in reporting due to the transition from a fiscal year to a calendar year basis for annual reporting. Thereafter, the new annual confidential reports due each February will just cover the prior calendar year. Effect on Use of Alternative Reports and OGE Optional Form 450-A Since 1992, various departments and agencies have developed, with OGE review/approval, alternative reporting formats such as certificates of no conflict for certain classes of employees. Other agencies provide for additional disclosures pursuant to independent organic statutes and in certain other circumstances when authorized by OGE. Moreover, in 1997, OGE itself developed the OGE Optional Form 450-A (Confidential Certificate of No New Interests (Executive Branch)) for possible agency and confidential filer employee use in certain years, if applicable. That optional confidential form continues in use at various agencies throughout the executive branch. The authority to use these alternative systems, including the OGE Optional Form 450-A, would not be disturbed by OGE's proposed amendments to the confidential disclosure regulation or the modifications OGE is proposing to the OGE Form 450. For annual reporting, such alternative and optional forms should reflect the shift from a fiscal year to a calendar year basis once that change is instituted next year. OGE notes that the underlying OGE Form 450 itself remains the uniform executive branch report form for most of those executive branch employees required by their agencies to report confidentially on their financial interests. Reporting Individuals The OGE Form 450 is to be filed by each reporting individual with the designated agency ethics official at the executive department or agency where he or she is or will be employed. Reporting individuals are regular employees whose positions have been designated by their agency under 5 CFR 2634.904 as requiring confidential financial disclosure in order to help avoid conflicts with their assigned responsibilities. Under that section, special Government employees are also generally required to file. Agencies may, if appropriate under the OGE regulation, exclude certain regular employees or SGEs as provided in 5 CFR 2634.905 (§ 2634.904(b) of the regulation as proposed for revision.) Reports are normally required to be filed within 30 days of entering a covered position (or earlier if required by the agency concerned), and again annually if the employee serves for more than 60 days in the position. Most of the persons who file this report are current executive branch Government employees at the time they complete their report. However, some filers are private citizens who are asked by their prospective agencies to file new entrant reports prior to entering Government service in order to permit advance checking for any potential conflicts of interest and resolution thereof by recusal, divestiture, waiver, etc. Reporting Burden Based on OGE's annual agency ethics program questionnaire responses for 2002 through 2004, OGE estimates that an average of approximately 277,215 OGE Form 450 reports will be filed each year for the next three years throughout the executive branch. This estimate is based on the number of reports filed branchwide for 2002 through 2004 (272,755 in 2002, 263,463 in 2003, and 295,426 in 2004) for a total of 831,644, with that number then divided by three and rounded, to give the projected annual average of 277,215 reports. Of these reports, OGE estimates that 7.6 percent, or some 21,068 per year, will be filed by private citizens. Private citizen filers are those potential (incoming) regular employees whose positions are designated for confidential disclosure filing as well as potential special Government employees whose agencies require that they file their new entrant reports prior to assuming Government responsibilities. No termination reports are required for the OGE Form 450. Each filing is estimated to take an average of one and one-half hours to complete. This yields an annual reporting burden of 31,602 hours. OGE previously has published an estimate of only 15 hours because we were not previously required by OMB to make a branchwide estimate, and 15 hours is the applicable regulatory minimum. The current burden hours therefore account for private citizen filers whose reports were filed each year only with OGE itself. In the past, the number of private citizens whose reports were filed each year with OGE itself was less than 10, but pursuant to 5 CFR 1320.3(c)(4)(i), the lower limit for this general regulatory-based requirement is set at 10 private persons. Thus, OGE reported the current annual burden of 15 hours. The proposed estimate of burden hours includes private citizen reports filed with departments and agencies throughout the executive branch (including OGE). Consideration of Comments As noted, public comment is again invited, this time particularly on the proposed further modified OGE Form 450 summarized in this notice and available without charge from OGE upon request (see the For Further Information Contact section above). In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), public comments are invited specifically on the need for and practical utility of this proposed modified collection of information, the accuracy of OGE's burden estimate, the enhancement of quality, utility and clarity of the information collected, and the minimization of burden (including the use of information technology). The Office of Government Ethics is planning to submit to OMB, after this notice and comment period, a modified OGE Form 450 for three-year approval under the Paperwork Reduction Act. OGE especially invites comments on the further changes to the proposed modified OGE Form 450 that are intended to make it easier for filers to complete and for agencies to review. Comments received in response to this notice will be summarized for, and may be included with, OGE's future request for OMB paperwork approval for the proposed modified OGE Form 450. Any comments received will also become a matter of public record. After reviewing any comments and deciding on the proposed modifications to the OGE Form 450, OGE will also publish a second paperwork notice in the **Federal Register** to inform the agencies and the public at the time it submits the request for OMB paperwork approval. Approved: March 14, 2006. Marilyn L. Glynn, *Acting Director, Office of Government Ethics* . [FR Doc. E6-3937 Filed 3-16-06; 8:45 am] BILLING CODE 6345-02-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: OS-0990-New; 60-day Notice] Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Office of the Secretary, Department of Health and Human Services. In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment. Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects:

(1)The necessity and utility of the proposed information collection for the proper performance of the agency's functions;

(2)the accuracy of the estimated burden;

(3)ways to enhance the quality, utility, and clarity of the information to be collected; and

(4)the use of automated collection techniques or other forms of information technology to minimize the information collection burden. *Type of Information Collection Request:* New, Regular Clearance. *Title of Information Collection:* The Effect of Reducing Falls on Acute and Long-Term Care Expenses. *Form/OMB No.:* OS-0990-New. *Use:* ASPE is planning to conduct a demonstration and evaluation of a multi-factorial fall prevention program to measure its impact on health outcomes for the elderly as well as acute and long-term care use and cost. This will be accomplished by obtaining a sample of individuals with private long-term care insurance who are age 75 and over. We will employ a multi-tiered random experimental research design to evaluate the effectiveness of the proposed fall prevention intervention program. The project will provide information to advance Departmental goals of reducing injury and improving the use of preventive services to positively impact Medicare use and spending. *Frequency:* Reporting, on occasion. *Affected Public:* Business or other for-profit, not-for-profit institutions, and Federal government. *Annual Number of Respondents:* 4,166. *Total Annual Responses:* 4,166. *Average Burden Per Response:* 1 hour. *Total Annual Hours:* 1,477. To obtain copies of the supporting statement and any related forms for the proposed paperwork collections referenced above, access the HHS Web site address at *http://www.hhs.gov/ocio/infocollect/pending/* or e-mail your request, including your address, phone number, OMB number, and OS document identifier, to *naomi.cook@hhs.gov* , or call the Reports Clearance Office on

(202)690-6162. Written comments and recommendations for the proposed information collections must be received within 60 days, and directed to the OS Paperwork Clearance Officer at the following address: Department of Health and Human Services, Office of the Secretary, Assistant Secretary for Budget, Technology, and Finance, Office of Information and Resource Management, Attention: Naomi Cook (0990-New), Room 531-H, 200 Independence Avenue, SW., Washington DC 20201. Dated: February 8, 2006. Robert E. Polson, Office of the Secretary, Paperwork Reduction Act Reports Clearance Officer. [FR Doc. E6-3933 Filed 3-16-06; 8:45 am] BILLING CODE 4151-05-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration on Aging Availability of Funding Opportunity Announcement *Funding Opportunity Title/Program Name:* Senior Medicare Patrol Projects. *Announcement Type:* Initial. *Funding Opportunity Number:* HHS-2006-AoA-SM-0603. *Statutory Authority:* The Older Americans Act, Public Law 106-501. *Catalog of Federal Domestic Assistance

(CFDA)Number:* 93.048, Title IV and Title II, Discretionary Projects, and the Health Insurance Portability and Accountability Act of 1996 (Pub. L. 104-191). *Dates:* The deadline date for the receipt of applications is April 28, 2006. I. Funding Opportunity Description This announcement seeks proposals for the Senior Medicare Patrol

(SMP)Projects which will serve as model projects that demonstrate effective ways of utilizing retired persons as volunteer expert resources and educators in community-based efforts to prevent and identify health care error, fraud and abuse in the Medicare/Medicaid programs. Applicants under this announcement must provide a comprehensive plan for statewide SMP program coverage targeting isolated and hard-to-reach, beneficiaries, their families or caregivers and address the five SMP program objectives. A detailed description of the funding opportunity including the program objectives and application materials may be obtained at *http://www.aoa.gov/doingbus/fundopp/fundopp.asp* or *http://www.grants.gov.* II. Award Information 1. Funding Instrument Type Cooperative Agreement. Grantees will carry out cooperative agreement awards to train retired persons to serve in their communities as volunteer expert resources and educators in preventing and identifying health care error, fraud, and abuse. The award is a cooperative agreement because the AoA will be substantially involved in the development and execution of the activities of the projects. AoA will provide mentoring, on-line training and other technical support through its National Consumer Protection Technical Resource Center (the Center). The Center will also provide technical assistance and support to the grantee in volunteer recruitment and management; will ensure currency in Medicare and Medicaid program information, fraud prevention and identification techniques, outreach strategies, complaint management, tracking and reporting; and will share approaches for reaching targeted populations. The AoA project officer for the SMP project grant will also provide technical assistance and support on grant management and implementation issues, including execution of the cooperative agreement. The AoA will conduct at least one national conference and one regional meeting in alternate years for the purpose of providing technical assistance and training to SMP projects. Grantee participation in these conferences is specified as part of the cooperative agreement. The grantee and the AoA will work cooperatively to determine the priority activities to be completed by the project and develop the work plan for each year of the project. Within 45 days of the award and 45 days of each continuation award, the project will agree upon and adhere to a work plan that details expectations for major activities, products, and reports during the current budget period. The work plan will include specific steps and a timetable for implementing statewide program coverage. The plan will also specify actions to expand program access to target populations. The work plan will also include staff assignments, work locations, and other areas that require AoA consultation, review, and/or prior approval. Either the AoA or the project can propose a revision of the final work plan at any time. The AoA will specify project performance criteria and expectations relative to the SMP program objectives and will monitor, evaluate and support the projects' efforts in achieving performance goals. The project will provide program performance output, outcome and activity data semiannually utilizing the performance instrument developed by the AoA and the HHS Office of the Inspector General (OIG). The AoA will evaluate project performance data, and provide support and technical assistance, in coordination with the Center, to assist projects in improving performance. The AoA will provide information to grantee leadership to assist in understanding the strategic goals and objectives, policy perspectives and priorities of the Assistant Secretary for Aging and the Department of Health and Human Services. The AoA will also share information with the grantee about other SMP projects, including integration grants, and other federally sponsored projects and activities relevant to the interests of SMP projects. 2. Anticipated Total Priority Area Funding Per Budget Period The AoA intends to make available, under this program announcement, grant awards for up to twenty-eight

(28)cooperative agreements at a federal share of up to $180,000 per year for a project period of up to three

(3)years. With the exception of Guam and the U.S. Virgin Islands, grantees are required to cover 25% of the total cost of the project from non-federal case or in-kind assistance. III. Eligibility Criteria and Other Requirements 1. Eligible Applicants Eligibility for grant awards is limited to public state and local agencies, federally recognized tribes, or nonprofit agencies, organizations, and institutions, including faith-based organizations, in the following 26 states and 2 territories: Alabama, California, Connecticut, Hawaii, Iowa, Illinois, Indiana, Louisiana, Maryland, Minnesota, Missouri, Mississippi, North Carolina, North Dakota, Nebraska, New Hampshire, Nevada, New York, Pennsylvania, Rhode Island, South Carolina, South Dakota, Utah, Vermont, Wisconsin, Wyoming, Guam, and the Virgin Islands. The competition is limited to the 26 states and 2 territories specified above. Competition is limited to those specified states and territories because the current three-year grant period for Senior Medicare Patrol projects within these states and the one-year capacity building grants in the territories will end on June 30, 2006. The AoA is currently funding SMP projects in the remaining 24 states, the District of Columbia and Puerto Rico. In order to ensure the program reaches Medicare/Medicaid beneficiaries in the maximum number of states, given available funding, only one project from each state or territory will be funded. It is strongly recommended that statewide collaborative efforts be forged with organizations with experience working with or representing the targeted population. 2. Cost Sharing or Matching Grantees are required to provide at least 25 percent of the total program costs from non-federal cash or in-kind resources in order to be considered for the award. In accordance with 48 U.S.C. 1469a (d), matching requirements are waived for grantee applicants from Guam and the U.S. Virgin Islands. 3. DUNS Number The Office of Management and Budget requires applicants to provide a Dun and Bradstreet (D&B) Data Universal Numbering System

(DUNS)number when applying for Federal grants or cooperative agreements on or after October 1, 2003. It is entered on the SF 424. It is a unique, nine-digit identification number, which provides unique identifiers of single business entities. The D-U-N-S number is *free and easy* to obtain. Organizations can receive a DUNS number at no cost by calling the dedicated toll-free DUNS Number request line at 1-866-705-5711 or by using this link: *https://www.whitehouse.gov/omb/grants/duns_num_guide.pdf.* 4. Intergovernmental Review Executive Order 12372, Intergovernmental Review of Federal Programs, is not applicable to these grant applications. IV. Application and Submission Information All applicants are required to submit electronically through *http://www.grants.gov* by midnight April 28, 2006. Exceptions to this requirement may only be made by the AoA grants management officer, Stephen Daniels on

(202)357-3464. Exceptions may only be made to allow for catastrophic events such as tornadoes, floods, etc. Applicants are responsible for mailing or hand delivering applications to AoA in sufficient time to be received by 5:30 p.m. Eastern Time, April 28, 2006. Please note AoA is requiring applications for this announcement to be submitted electronically through *http://www.grants.gov* . The Grants.gov registration process can take several days. If your organization is not currently registered with *http://www.grants.gov* , please begin this process immediately. For assistance with *http://www.grants.gov* , please contact Arthur Miller at AoA's Grants.gov helpdesk at

(202)357-3438. At *http://www.grants.gov* , you will be able to download a copy of the application packet, complete it off-line, and then upload and submit the application via the Grants.gov Web site. Applicants unable to submit their application via *http://www.grants.gov* may request permission to submit a hard copy from AoA Grants Management Officer, Stephen Daniels,

(202)357-3464, *Stephen.Daniels@aoa.hhs.gov* . 1. Address for Application Submission Hard copy submissions for which approval has been requested and received (per section IV(6) of the announcement), may be mailed to the U.S. Department of Health and Human Services, Administration on Aging, Office of Grants Management, Washington, DC 20201, attn: Stephen Daniels (HHS-2006-AoA-Initial-SM), or hand-delivered (in person, via messenger) to the U.S. Department of Health and Human Services, Administration on Aging, Office of Grants Management, One Massachusetts Avenue, NW., Room 4604, Washington, DC 20001, attn: Stephen Daniels (HHS-2006-AoA-SM-0603). Applications not submitted electronically must include one original and two copies of the application. Please include a stamped self addressed postcard for acknowledgement of receipt. Instructions for electronic mailing of grant applications are available at *http://www.grants.gov/* . 2. Submission Dates and Times To receive consideration, applications must be received by the deadline listed in the DATES section of this Notice. V. Responsiveness Criteria Each application submitted will be screened to determine whether it was received by the closing date and time. Applications received by the closing date and time will be screened for completeness and conformity with the requirements outlined in Sections III and IV of this Notice and the Program Announcement. Only complete applications that meet these requirements will be reviewed and evaluated competitively. VI. Application Review Information Eligible applications in response to this announcement will be reviewed according to the following evaluation criteria: Purpose and Need for Assistance (20 points); Approach, Work Plan and Activities (30 points); Project Outcomes, Evaluation and Dissemination (30 points); and Level of Effort (20 points). VII. Agency Contacts Direct inquiries regarding programmatic and grant issues to: *Project Officer:* U.S. Department of Health and Human Services, Administration on Aging, Washington, DC 20201. Attn: Barbara Lewis. Telephone:

(202)357-3532, e-mail: *Barbara.Lewis@aoa.hhs.gov* . *Grants Management Specialist:* U.S. Department of Health and Human Services, Administration on Aging, Washington, DC 20201. Attn: Stephen Daniels. Telephone:

(202)357-3464, e-mail: *Stephen.Daniels@aoa.hhs.gov* . Dated: March 14, 2006. Josefina G. Carbonell, Assistant Secretary for Aging. [FR Doc. E6-3932 Filed 3-16-06; 8:45 am] BILLING CODE 4154-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [60Day-06-06AW] Proposed Data Collections Submitted for Public Comment and Recommendations In compliance with the requirement of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 for opportunity for public comment on proposed data collection projects, the Centers for Disease Control and Prevention

(CDC)will publish periodic summaries of proposed projects. To request more information on the proposed projects or to obtain a copy of the data collection plans and instruments, call 404-639-5960 and send comments to Seleda Perryman, CDC Assistant Reports Clearance Officer, 1600 Clifton Road, MS-D74, Atlanta, GA 30333 or send an e-mail to *omb@cdc.gov* . Comments are invited on:

(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden of the proposed collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected; and

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Written comments should be received within 60 days of this notice. Proposed Project Supplement to the National Birth Defects Prevention Study: Qualitative Assessment of the Attitudes Mothers Have Toward Collecting Biological Specimens on their Infants and Young Children to Study Risk Factors for Birth Defects and Preterm Delivery—New—National Center on Birth Defects and Developmental Disabilities (NCBDDD), Centers for Disease Control and Prevention (CDC). Background and Brief Description National Center on Birth Defects and Developmental Disabilities (NCBDDD), Centers for Disease Control and Prevention (CDC), has been conducting the National Birth Defects Prevention Study (NBDPS) (OMB# 0920-0010) since 1997. The NBDPS is a case-control study of major birth defects that includes cases identified from existing birth defect surveillance registries in nine states, including metropolitan Atlanta. Control infants are randomly selected from birth certificates or birth hospital records. Mothers of case and control infants are interviewed using a computer-assisted telephone interview. Parents are asked to collect cheek cells from themselves and their infants for DNA testing. Information gathered from both the interviews and the DNA specimens will be used to study independent genetic and environmental factors as well as gene-environment interactions for a broad range of carefully classified birth defects. This proposed supplement to the National Birth Defects Prevention Study will use qualitative research to provide data on the barriers to participation in the collection of biological specimens by mothers on themselves, their infants, and young children. It is costly to implement the collection of biological specimens into an interview/questionnaire-based study. However, an ever-increasing number of studies include the examination of environmental and genetic interactions to help medical and public health professional's better target appropriate interventions. A critical component for studies of gene variants is the collection of biological specimens. Participation and non-participation in the collection of biological specimens is not fully understood. We will conduct multiple well-designed focus groups to assess the attitudes of both mothers who participated and mothers who did not participate in the collection of biological specimens to increase the effectiveness of these studies. This information will be useful to many groups at the CDC who are currently collecting biological specimens from infants and their families but with less than optimal response rates and those who are working to implement studies that include the use of biological specimens. Scientists from the National Birth Defects Prevention Study in NCBDDD, the Pregnancy Risk Assessment Monitoring System (PRAMS) in National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP), and Office of Genomics and Disease Prevention

(OGDP)have received Collaborative Initiative intramural funding to conduct focus groups aimed at gaining insight into the barriers and motivations women have for participating in the collection of biological specimens. Among the three collaborating Centers within the Coordinating Center for Health Promotion, NCBDDD's National Birth Defects Prevention Study provides a unique opportunity for exploring the barriers and motivations toward collection of genetic material. This focus group project will recruit mothers who participated in the maternal interview for the NBDPS. There are no costs to the respondents other than their time to participate in the survey. Estimated Annualized Burden Instrument Number of respondents Frequency of response Average burden/response (in hours) Annual burden hours Telephone Contact 90 1 5/60 7.5 Focus Group Discussion 45 1 2 90 Dated: March 12, 2006. Joan F. Karr, Acting Reports Clearance Officer, Centers for Disease Control and Prevention. [FR Doc. E6-3916 Filed 3-16-06; 8:45 am] BILLING CODE 4163-18-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Decision To Evaluate a Petition To Designate a Class of Employees at the Nevada Test Site, Mercury, Nevada, To Be Included in the Special Exposure Cohort AGENCY: Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Notice. SUMMARY: The Department of Health and Human Services

(HHS)gives notice as required by 42 CFR 83.12(e) of a decision to evaluate a petition to designate a class of employees at the Nevada Test Site, Mercury, Nevada, to be included in the Special Exposure Cohort under the Energy Employees Occupational Illness Compensation Program Act of 2000. The initial proposed definition for the class being evaluated, subject to revision as warranted by the evaluation, is as follows: *Facility:* Nevada Test Site. *Location:* Mercury, Nevada. *Job Titles and/or Job Duties:* Workers potentially exposed to above-ground weapons testing. *Period of Employment:* 1951 to 1963. FOR FURTHER INFORMATION CONTACT: Larry Elliott, Director, Office of Compensation Analysis and Support, National Institute for Occupational Safety and Health, 4676 Columbia Parkway, MS C-46, Cincinnati, OH 45226, Telephone 513-533-6800 (this is not a toll-free number). Information requests can also be submitted by e-mail to *OCAS@CDC.GOV.* Dated: March 10, 2006. John Howard, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention. [FR Doc. 06-2588 Filed 3-16-06; 8:45 am]

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