[Federal Register: November 8, 2005 (Volume 70, Number 215)]
[Notices]               
[Page 67725-67726]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no05-46]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

 
Proposed Collection: Indian Health Service Background 
Investigations of Individuals in Positions Involving Regular Contact 
With or Control Over Indian Children OPM--306 Request for Public 
Comment: 30-Day Notice

AGENCY: Indian Health Service, HHS.

ACTION: Request for Public Comment: 30-day Proposed Information 
Collection: Indian Health Service Background Investigations of 
Individuals in Positions Involving Regular Contact With or Control Over 
Indian Children OPM-306.

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SUMMARY: In compliance with section 3507(a)(1)(D) of the Paperwork 
Reduction Act of 1995, for opportunity for public comment on proposed 
information collection projects, the Indian Health Service (IHS) has 
submitted to the Office of Management and Budget (OMB) a request to 
review and approve the information collection listed below. This 
proposed information collection project was published in the August 3, 
2005, Federal Register (70 51826) and allowed 60 days for public 
comment. No public comment was received in response to the notice. The 
purpose of this notice is to allow 30 days for public comment to be 
submitted to OMB.
    PROPOSED COLLECTION: Title: 0917-0028, ``Indian Health Service 
Background Investigations of Individuals in Positions Involving Regular 
Contact With or Control Over

[[Page 67726]]

Indian Children OPM-306''. Type of Information Collection Request: 
Extention of a currently approved collection which expires November 30, 
2005. Type of Information Collection Request: Extension of a currently 
approved collection which expires November 30, 2005. Form Number: OF-
306 Addendum to Declaration for Federal Employment (OF 306) Indian 
Health Service Child Care & Indian Child Care Worker Positions. 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 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: Individual and households. Type of 
Respondents: Individuals. Table 1 below provides the following: Types 
of data collection instruments, estimated number of respondents, number 
of responses per respondent, annual number of responses, average burden 
hour per response, and total annual burden hour.

                                             Estimated Burden Hours
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                                                     Estimated                        Average
                 42 CFR Part 36                      number of     Responses per    burden hour    Total annual
                                                    respondents     respondent    per response *    burden hrs
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Addendum to OF306 Declaration for Federal                    200               1   0.25 (15 min)            500
 Employment.....................................
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 * 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 IHS processes the information collected in a 
useful and timely fashion; (c) the accuracy of the 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.
    Direct Comments to OMB: Send your written comments and suggestions 
regarding the proposed information collection contained in this notice, 
especially regarding the estimated public burden and associated 
response time, to: Office of Management and Budget, Office of 
Regulatory Affairs, New Executive Office Building, Room 10235, 
Washington, DC 20503, Attention: Desk Officer for IHS.
    To request more information on the proposed collection or to obtain 
a copy of the data collection instrument(s) and/or instruction(s), 
contact: Mrs. Christina Rouleau, IHS Reports Clearance Officer, 801 
Thompson Avenue, TMP Suite 450, Rockville, MD 20852-1601, or call non-
toll free (301) 443-5938 or send via facsimile to (301) 443-2316, or 
send your e-mail requests, comments, and return address to: 
crouleau@hqe.ihs.gov.

    Comment Due Date: Comments regarding this information collection 
are best assured of having their full effect if received on or before 
30 days of the date of this publication.

    Dated: October 28, 2005.
Robert G. McSwain,
Deputy Director, Indian Health Service.
[FR Doc. 05-22221 Filed 11-7-05; 8:45 am]

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