[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30642]


[Federal Register: December 28, 1994]


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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 37

[FAC 90-23; FAR Case 91-106; Item XXVII]
RIN 9000-AF31


Federal Acquisition Regulation; Child Care Services

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comment.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to an interim rule amending 
the Federal Acquisition Regulation (FAR) to add a definition of ``child 
care services'', and to require contracting officers to ensure that 
contracts for child care services include requirements for criminal 
history background checks of employees in accordance with 42 U.S.C. 
13041. This regulatory action was not subject to Office of Management 
and Budget review under Executive Order 13866, dated September 30, 
1993.

DATES: Effective Date: December 28, 1994.
    Comment Date: Comments should be submitted to the FAR Secretariat 
on or before February 27, 1995, to be considered in the formulation of 
a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets, NW, Room 4037, Attn: Ms. Beverly Fayson, Washington, DC 20405.
    Please cite FAC 90-23, FAR case 91-106 in all correspondence 
related to this case.

FOR FURTHER INFORMATION CONTACT: Ms. Shirley Scott at (202) 501-0168 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-23, FAR case 91-106.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule implements Subtitle E, section 231 of the Crime 
Control Act of 1990 (Pub. L. 101-647), codified at 42 U.S.C. 13041, as 
amended by section 1094 of the Fiscal Year 1992 Defense Authorization 
Act (Pub. L. 102-190). The effective date for compliance with Pub. L. 
101-647 was May 29, 1991. Pub. L. 102-190 was effective upon enactment 
on December 5, 1991.
    In part, section 231 of Pub. L. 101-647 requires that child care 
employees, hired to provide child care services at a facility operated 
by the Government or under contract with the Government, undergo a 
criminal history background check. The statute broadly defines ``child 
care services'' as child protective services (including the 
investigation of child abuse and neglect reports), social services, 
health and mental health care, child day care, education (whether or 
not directly involved in teaching), foster care, residential care, 
recreational or rehabilitative programs, and detention, correctional, 
or treatment services. Subsequently, section 1094 of Pub. L. 102-190 
amended 42 U.S.C. 13041 to provide for the provisional supervised 
employment of child care employees prior to the completion of the 
required criminal history background check and specified additional 
safety measures for Federal child care service facilities.

B. Regulatory Flexibility Act

    This interim rule implements Subtitle E, Section 231 of the Crime 
Control Act of 1990, Pub. L. 101-647 (42 U.S.C. 13041), which may have 
a significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et 
seq., because the Act requires child care employees hired under 
contract to undergo a criminal history background check. An Initial 
Regulatory Flexibility Analysis (IRFA) has been prepared and will be 
provided to the Chief Counsel for Advocacy for the Small Business 
Administration.
    The IRFA is summarized as follows:

    The rule applies to both large and small businesses and 
implements the statute by requiring contracting officers to ensure 
that Federal contracts for child care services include the 
requirement for criminal history background checks. It is impossible 
to accurately estimate the number of small businesses or employees 
that may be impacted because the statutory definition of child care 
services covers a broad range of services for which detailed award 
and personnel data is unavailable.

    A copy of the IRFA may be obtained from the FAR Secretariat. 
Comments are invited. Comments from small entities concerning the 
affected FAR subpart will also be considered in accordance with 5 
U.S.C. 610. Such comments must be submitted separately and cite 5 
U.S.C. 601 et seq. (FAC 90-23, FAR Case 91-106), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collection of information from offerors, contractors, 
or members of the public which require the approval of OMB under 44 
U.S.C. 3501 et seq.

D. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DOD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that, pursuant to 41 U.S.C. 418b, urgent and compelling reasons 
exist to publish an interim rule having a significant impact on the 
public, prior to affording the public an opportunity to comment. 
However, public comments received in response to this interim rule will 
be considered in formulating the final rule. The rule is necessary 
because the effective date for compliance with Pub. L. 101-647 was May 
19, 1991, while Pub. L. 102-190 was effective upon enactment on 
December 5, 1991.

List of Subjects in 48 CFR Part 37

    Government procurement.

    Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, 48 CFR part 37 is amended as set forth below:

PART 37--SERVICE CONTRACTING

    1. The authority citation for 48 CFR part 37 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

    2. Section 37.101 is amended by adding, in alphabetical order, the 
definition ``Child care services'' to read as follows:


37.101  Definitions.

    Child care services means child protective services (including the 
investigation of child abuse and neglect reports), social services, 
health and mental health care, child (day) care, education (whether or 
not directly involved in teaching), foster care, residential care, 
recreational or rehabilitative programs, and detention, correctional, 
or treatment services.
* * * * *
    3. Section 37.103 is amended by adding paragraph (d) to read as 
follows:


37.103  Contracting officer responsibility.

* * * * *
    (d) Ensure that contracts for child care services include 
requirements for criminal history background checks on employees who 
will perform child care services under the contract in accordance with 
42 U.S.C. 13041, as amended, and agency procedures.

[FR Doc. 94-30642 Filed 12-27-94; 8:45 am]
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