[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
