[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Notices]
[Pages 51826-51827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17320]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service


Request for Public Comment: 60-Day Proposed Information 
Collection: Indian Health Service (IHS) Background Investigations of 
Individuals in Position Involving Regular Contact With or Control Over 
Indian Children OPM-306.

AGENCY: Indian Health Service, HHS.
SUMMARY: The Department of Health and Human Services, as part of its 
continuing efforts to reduce paperwork and respondent burden, conducts 
a pre-clearance consultation program to provide the general public and 
Federal agencies with an opportunity to comment on proposed and/or 
continuing collections of information in accordance with the Paperwork 
Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)). This program 
helps to ensure that requested data can be provided in the desired 
format, reporting burden (time and financial resources) is minimized, 
collection instruments are clearly understood, and the impact of 
collection requirements on respondents can be properly assessed. 
Currently, the IHS is providing a 60-day advance opportunity for public 
comment on a proposed extension of current information collection 
activity to be submitted to the office of Management and Budget for 
review.

Proposed Collection

    Title: 0917-0028, ``IHS Background Investigations of Individuals in 
Positions Involving Regular Contact With or Control Over Indian 
Children'' OPM-306.
    Type of Information Collection Request: Extension, without 
revision, of currently approved information collection, 0917-0028. 
``IHS Background Investigations of Individuals in Position Involving 
Regular Contact With or Control Over Indian Children'' OPM-306.
    Form Number: OF-306.
    Forms: Declaration for Federal Employment.
    Need and Use of Information Collection: This is a request for 
approval of collection information required by section 408 of the 
Indian Child Protection and Family Violence Prevention Act, Public Law 
101-630, 104 Stat. 4544, 25 U.S.C. 3201-3211. The IHS is required to 
compile a list of all authorized positions within the IHS where the 
duties and responsibilities involve regular contact with, or control 
over, Indian children; and to conduct an investigation of the character 
of each individual who is employed, or is being considered for 
employment in a position having regular contact with, or control over, 
Indian children. Section 3207(b) of the Indian Child Protection and 
Family Violence Prevention Act was amended by section 814 of S. 3031, 
the Native American Laws Technical Corrections Act of 2000, which 
requires that the regulations prescribing the minimum standards of 
character ensure that none of the individuals appointed to positions 
involving regular contact with, or control over Indian children have 
been found guilty of, or entered a plea of nolo contendere or guilty to 
any felonious offense, or any of two or more misdemeanor offenses under 
Federal, State, or tribal law involving crimes of violence; sexual 
assault, molestation, exploitation, contact or prostitution; crimes 
against persons; or offenses committed against children. In addition, 
42 U.S.C. 13041 requires each agency of the Federal Government, and 
every facility operated by the Federal Government (or operated under 
contract with the Federal Government), that hires (or contracts for 
hire) individuals involved with children under the age of 18 or child 
care services to assure that all existing and newly-hired employees 
undergo a criminal history background check. The background is to be 
initiated through the personnel program of the applicable Federal 
agency. This section requires employment applications for individuals 
who are seeking work for an

[[Page 51827]]

agency of the Federal Government, or for a facility or program operated 
by (or through contract with) the Federal Government, in positions 
involved with the provision to children under the age of 18 or child 
care services, to contain a question asking whether the individual has 
ever been arrested for or charged with a crime involving a child.
    Affected Public: Individuals and households.
    Type of Respondents: Individuals.
    The table below provides the estimated burden hours for this 
information collection:

                                             Estimated Burden Hours
----------------------------------------------------------------------------------------------------------------
                                                 Estimated                       Average burden
               42 CFR Part 36                    number of      Responses per       hour per       Total annual
                                                respondents       respondent       response *      burden hours
----------------------------------------------------------------------------------------------------------------
Addendum to OF 306 Declaration for Federal             2,000                1   0.25 (15 mins)             500
 Employment.................................
----------------------------------------------------------------------------------------------------------------
* For ease of understanding, burden hours are also provided in actual minutes.

    There are no Capital Costs, Operating Costs and/or Maintenance 
Costs to report.
    Request For Comments: Your written comments and/or suggestions are 
invited on one or more of the following points: (a) Whether the 
information collection activity is necessary to carry out an agency 
function; (b) whether the agency processes the information collected in 
a useful and timely fashion; (c) the accuracy of public burden estimate 
(the estimated amount of time needed for individual respondents to 
provide the requested information); (d) whether the methodology and 
assumptions used to determine the estimate are logical; (e) ways to 
enhance the quality, utility, and clarity of the information being 
collected; and (f) ways to minimize the public burden through the use 
of automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology.
    Send Comments and Requests For Further Information: Send your 
written comments and requests for more information on the proposed 
collection or requests to obtain a copy of the data collection 
instrument(s) and instructions to: Mrs. Chris Rouleau, IHS Reports 
Clearance Officer, 801 Thompson Avenue, Rockville, MD 20852, call non-
toll free (301) 443-5938, send via facsimile to (301) 443-2316, or send 
your E-mail requests, comments, and return address to: 
<a href="/cdn-cgi/l/email-protection#0f6c7d607a636a6e7a4f677e6a2166677c21686079"><span class="__cf_email__" data-cfemail="b7d4c5d8c2dbd2d6c2f7dfc6d299dedfc499d0d8c1">[email protected]</span></a>.
    Comment Due Date: Your comments regarding this information 
collection are best assured of having their full effect if received 
within 60-days of the date of this publication.

    Dated: August 24, 2005.
Robert G. McSwain,
Deputy Director, Indian Health Service.
[FR Doc. 05-17320 Filed 8-30-05; 8:45 am]
BILLING CODE 4165-16-M


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