Clause 852.237-73, Crime Control Act – Requirement for Background Checks

Forms and Documents

Document Name	Status
2900-0863 SS AQ20 17SEP2019.docx Supporting Statement A	2019-09-18

IC Document Collections

IC ID	Document Title	Status
233463	Clause 852.237-73, Crime Control Act – Requirement for Background Checks Instruction	Modified

ICR Details

OMB Control No: 2900-0863	ICR Reference No: 201909-2900-003
Status: Active	Previous ICR Reference No: 201810-2900-001
Agency/Subagency: VA	Agency Tracking No: PPS
Title: Clause 852.237-73, Crime Control Act – Requirement for Background Checks
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/05/2019
	Date Received in OIRA: 09/19/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2022	36 Months From Approved
Responses	1,500	0	0
Time Burden (Hours)	1,500	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: As a result of VAAR Final Rule RIN 2900-AQ20, posted to the Federal Register (84FR46448) on September 4, 2019, this is a request from VA to OMB for approval of a new Information Collection (IC). When VAAR Proposed Rule RIN 2900-AQ20, posted to the Federal Register on September 7, 2018 (citation 83 FR 45374,) VA submitted this request to OMB to request a tentative OMB Control Number. On March 1, 2019, OMB assigned 2900-0863 as a tentative OMB Control Number. New VAAR clause 852.237–73 requires contractors to perform background checks on behalf of DVA to assure the safety of children under the age of 18 that are recipients of services under a DVA program.

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Authorizing Statute(s): US Code: 42 USC 7181-7184 Name of Law: Pro-Children Act of 2001
   US Code: 34 USC 20351 Name of Law: Crime Control Act of 1990
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2900-AQ20	Final or interim final rulemaking	84 FR 46448	09/04/2019

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Clause 852.237-73, Crime Control Act – Requirement for Background Checks

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	1,500	0	0	1,500	0	0
Annual Time Burden (Hours)	1,500	0	0	1,500	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection. Based on the most recent data from VA’s eCMS system, the number of respondents/contracts has been revised from 500 in the proposed rule to 150 and the number of responses (number of checks per contract) has been revised from 20 in the proposed rule to 10. Specifically, in the proposed rule, the estimated number of respondents annually were based on health service contracts awarded versus in this final rule, the estimated number of respondents annually were limited to NAICS associated with child care services. The assumption used in the proposed rule was on an average 20 individual on each health service contracts would deal with children under the age of 18 versus in this finale rule, an average of 10 individual per contract would be sufficient for an awarded child care services contract.

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Annual Cost to Federal Government: $85,110

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/19/2019

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