[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Page 31660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14540]



-----------------------------------------------------------------------


DEPARTMENT OF DEFENSE
48 CFR Part 37

[FAC 90-39; FAR Case 91-106; Item XXV]
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 adopted as final.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to convert the interim rule 
published in the Federal Register at 59 FR 67050, December 28, 1994, to 
a final rule. The rule amends 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 12866, dated September 30, 1993, and is not a major 
rule under 5 U.S.C. 804.

EFFECTIVE DATE: June 20, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. Linda Klein at (202) 501-3775 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 90-39, FAR case 91-106.

SUPPLEMENTARY INFORMATION:

A. Background

    This 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 
(Public Law 102-190). The effective date for compliance with Public Law 
101-647 was May 29, 1991. Public Law 102-190 was effective upon 
enactment on December 5, 1991.
    In part, section 231 of Public Law 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 Public Law 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

    Under the interim rule, because Subtitle E, Section 231 of the 
Crime Control Act of 1990, Public Law 101-647 (42 U.S.C. 13041), 
requires child care employees hired under contract to undergo a 
criminal history background check, an Initial Regulatory Flexibility 
Act Analysis was prepared. No comments were received.
    The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., applies to 
this final rule and a Final Regulatory Flexibility Analysis (FRFA) has 
been prepared and will be provided to the Chief Counsel for Advocacy 
for the Small Business Administration. A copy of the FRFA may be 
obtained from the FAR Secretariat.

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 collections of information from offerors, contractors, 
or members of the public which require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 37

    Government procurement.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR Part 37, which was 
published at 59 FR 67050, December 28, 1994 (FAC 90-23, Item XXVII) is 
adopted as a final rule without change.
    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).

    Dated: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 96-14540 Filed 6-19-96; 8:45 am]
BILLING CODE 6820-EP-P