[Federal Register Volume 73, Number 246 (Monday, December 22, 2008)]
[Notices]
[Pages 78374-78375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30330]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service


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

AGENCY: Indian Health Service, HHS.

ACTION: Notice.

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SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork 
Reduction Act of 1995 which requires 30 days 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 previously published 
in the Federal Register (73 FR 23254) on September 24, 2008, 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 directly to OMB.
    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 Positions Involving Regular Contact With or Control Over 
Indian Children, OPM-306.''
    Form Number: OPM-306. Forms: Declaration for Federal Employment. 
Need and Use of Information Collection: This is a request for approval 
of information collection required by Section 408 of the Indian Child 
Protection and Family Violence Prevention Act, Pub. L. 101-630, 104 
Stat. 4544, and 25 U.S.C. 3201-3211. The IRS 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 U.S.C. 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

[[Page 78375]]

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 check 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: Individuals and households. Type of Respondents: Individuals.
    The table below provides: Types of data collection instruments, 
estimated number of respondents, responses per respondent, average 
burden hour per response, and total annual burden hour(s).

                                             Estimated Burden Hours
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                                                     Estimated                    Average burden
           Data collection instrument                number of     Responses per     hour per      Total annual
                                                    respondents     respondent       response      burden hours
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Addendum to OPM-306 Declaration for Federal                3,000               1           12/60             600
 Employment 42 CFR Part 36......................
                                                 ---------------------------------------------------------------
    Total.......................................           3,000               1  ..............             600
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    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 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 estimates 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: Ms. Janet Ingersoll, 
Freedom of Information Act Coordinator, 801 Thompson Avenue, Suite 450, 
Rockville, MD 20852-1601; call non-toll free (301) 443-1116; send via 
facsimile to (301) 443-9879; or send your e-mail requests, comments, 
and return address to: [email protected].
    Comment Due Date: Comments regarding this information collection 
are best assured of having full effect if received within 30 days of 
the date of this publication.

    Dated: December 15, 2008.
Robert G. McSwain,
Director, Indian Health Service.
[FR Doc. E8-30330 Filed 12-19-08; 8:45 am]
BILLING CODE 4165-16-M