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[DOCID: f:h251ih.txt]
107th CONGRESS
1st Session
H. R. 251
To ensure the safety of children placed in child care centers in
Federal facilities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 30, 2001
Mr. Gilman (for himself, Mrs. Kelly, Mrs. Morella, Mrs. Maloney of New
York, and Mrs. McCarthy of New York) introduced the following bill;
which was referred to the Committee on Government Reform, and in
addition to the Committees on House Administration, and the Judiciary,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To ensure the safety of children placed in child care centers in
Federal facilities, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Employees Child Care Act''.
SEC. 2. DEFINITIONS.
In this Act (except as otherwise provided in section 5):
(1) Administrator.--The term ``Administrator'' means the
Administrator of General Services.
(2) Child care accreditation entity.--The term ``child care
accreditation entity'' means a nonprofit private organization
or public agency that--
(A) is recognized by a State agency or by a
national organization that serves as a peer review
panel on the standards and procedures of public and
private child care or school accrediting bodies; and
(B) accredits a facility to provide child care on
the basis of--
(i) an accreditation or credentialing
instrument based on peer-validated research;
(ii) compliance with applicable State or
local licensing requirements, as appropriate,
for the facility;
(iii) outside monitoring of the facility;
and
(iv) criteria that provide assurances of--
(I) use of developmentally
appropriate health and safety standards
at the facility;
(II) use of developmentally
appropriate educational activities, as
an integral part of the child care
program carried out at the facility;
and
(III) use of ongoing staff
development or training activities for
the staff of the facility, including
related skills-based testing.
(3) Entity sponsoring a child care facility.--The term
``entity sponsoring a child care facility'' means a Federal
agency that operates, or an entity that enters into a contract
or licensing agreement with a Federal agency to operate, a
child care facility primarily for the use of Federal employees.
(4) Executive agency.--The term ``Executive agency'' has
the meaning given the term in section 105 of title 5, United
States Code, except that the term--
(A) does not include the Department of Defense and
the Coast Guard; and
(B) includes the General Services Administration,
with respect to the administration of a facility
described in paragraph (5)(B).
(5) Executive facility.--The term ``executive facility''--
(A) means a facility that is owned or leased by an
Executive agency; and
(B) includes a facility that is owned or leased by
the General Services Administration on behalf of a
judicial office.
(6) Federal agency.--The term ``Federal agency'' means an
Executive agency, a legislative office, or a judicial office.
(7) Judicial facility.--The term ``judicial facility''
means a facility that is owned or leased by a judicial office
(other than a facility that is also a facility described in
paragraph (5)(B)).
(8) Judicial office.--The term ``judicial office'' means an
entity of the judicial branch of the Federal Government.
(9) Legislative facility.--The term ``legislative
facility'' means a facility that is owned or leased by a
legislative office.
(10) Legislative office.--The term ``legislative office''
means an entity of the legislative branch of the Federal
Government.
(11) State.--The term ``State'' has the meaning given the
term in section 658P of the Child Care and Development Block
Grant Act of 1990 (42 U.S.C. 9858n).
SEC. 3. PROVIDING QUALITY CHILD CARE IN FEDERAL FACILITIES.
(a) Executive Facilities.--
(1) State and local licensing requirements.--
(A) In general.--Any entity sponsoring a child care
facility in an executive facility shall--
(i) comply with child care standards
described in paragraph (2) that are no less
stringent than applicable State or local
licensing requirements that are related to the
provision of child care in the State or
locality involved; or
(ii) obtain the applicable State or local
licenses, as appropriate, for the facility.
(B) Compliance.--Not later than 6 months after the
date of enactment of this Act--
(i) the entity shall comply, or make
substantial progress (as determined by the
Administrator) toward complying, with
subparagraph (A); and
(ii) any contract or licensing agreement
used by an Executive agency for the provision
of child care services in the child care
facility shall include a condition that the
child care be provided by an entity that
complies with the standards described in
subparagraph (A)(i) or obtains the licenses
described in subparagraph (A)(ii).
(2) Health, safety, and facility standards.--The
Administrator shall by regulation establish standards relating
to health, safety, facilities, facility design, and other
aspects of child care that the Administrator determines to be
appropriate for child care in executive facilities, and require
child care facilities, and entities sponsoring child care
facilities, in executive facilities to comply with the
standards. The standards shall include requirements that child
care facilities be inspected for, and be free of, lead hazards.
(3) Accreditation standards.--
(A) In general.--The Administrator shall issue
regulations requiring, to the maximum extent possible,
any entity sponsoring an eligible child care facility
(as defined by the Administrator) in an executive
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facility to comply with standards of a child care
accreditation entity.
(B) Compliance.--The regulations shall require
that, not later than 3 years after the date of
enactment of this Act--
(i) the entity shall comply, or make
substantial progress (as determined by the
Administrator) toward complying, with the
standards; and
(ii) any contract or licensing agreement
used by an Executive agency for the provision
of child care services in the child care
facility shall include a condition that the
child care be provided by an entity that
complies with the standards.
(4) Evaluation and compliance.--
(A) In general.--The Administrator shall evaluate
the compliance, with the requirements of paragraph (1)
and the regulations issued pursuant to paragraphs (2)
and (3), as appropriate, of child care facilities, and
entities sponsoring child care facilities, in executive
facilities. The Administrator may conduct the
evaluation of such a child care facility or entity
directly, or through an agreement with another Federal
agency or private entity, other than the Federal agency
for which the child care facility is providing
services. If the Administrator determines, on the basis
of such an evaluation, that the child care facility or
entity is not in compliance with the requirements, the
Administrator shall notify the Executive agency.
(B) Effect of noncompliance.--On receipt of the
notification of noncompliance issued by the
Administrator, the head of the Executive agency shall--
(i) if the entity operating the child care
facility is the agency--
(I) not later than 2 business days
after the date of receipt of the
notification, correct any deficiencies
that are determined by the
Administrator to be life threatening or
to present a risk of serious bodily
harm;
(II) not later than 4 months after
the date of receipt of the
notification, develop and provide to
the Administrator a plan to correct any
other deficiencies in the operation of
the facility and bring the facility and
entity into compliance with the
requirements;
(III) provide the parents of the
children receiving child care services
at the child care facility and
employees of the facility with a
notification detailing the deficiencies
described in subclauses (I) and (II)
and actions that will be taken to
correct the deficiencies, and post a
copy of the notification in a
conspicuous place in the facility for 5
working days or until the deficiencies
are corrected, whichever is later;
(IV) bring the child care facility
and entity into compliance with the
requirements and certify to the
Administrator that the facility and
entity are in compliance, based on an
onsite evaluation of the facility
conducted by an individual with
expertise in child care health and
safety; and
(V) in the event that deficiencies
determined by the Administrator to be
life threatening or to present a risk
of serious bodily harm cannot be
corrected within 2 business days after
the date of receipt of the
notification, close the child care
facility, or the affected portion of
the facility, until the deficiencies
are corrected and notify the
Administrator of the closure; and
(ii) if the entity operating the child care
facility is a contractor or licensee of the
Executive agency--
(I) require the contractor or
licensee, not later than 2 business
days after the date of receipt of the
notification, to correct any
deficiencies that are determined by the
Administrator to be life threatening or
to present a risk of serious bodily harm;
(II) require the contractor or
licensee, not later than 4 months after
the date of receipt of the
notification, to develop and provide to
the head of the agency a plan to
correct any other deficiencies in the
operation of the child care facility
and bring the facility and entity into
compliance with the requirements;
(III) require the contractor or
licensee to provide the parents of the
children receiving child care services
at the child care facility and
employees of the facility with a
notification detailing the deficiencies
described in subclauses (I) and (II)
and actions that will be taken to
correct the deficiencies, and to post a
copy of the notification in a
conspicuous place in the facility for 5
working days or until the deficiencies
are corrected, whichever is later;
(IV) require the contractor or
licensee to bring the child care
facility and entity into compliance
with the requirements and certify to
the head of the agency that the
facility and entity are in compliance,
based on an onsite evaluation of the
facility conducted by an independent
entity with expertise in child care
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health and safety; and
(V) in the event that deficiencies
determined by the Administrator to be
life threatening or to present a risk
of serious bodily harm cannot be
corrected within 2 business days after
the date of receipt of the
notification, close the child care
facility, or the affected portion of
the facility, until the deficiencies
are corrected and notify the
Administrator of the closure, which
closure may be grounds for the
immediate termination or suspension of
the contract or license of the
contractor or licensee.
(C) Cost reimbursement.--The Executive agency shall
reimburse the Administrator for the costs of carrying
out subparagraph (A) for child care facilities located
in an executive facility other than an executive
facility of the General Services Administration. If an
entity is sponsoring a child care facility for 2 or
more Executive agencies, the Administrator shall
allocate the reimbursement costs with respect to the
entity among the agencies in a fair and equitable
manner, based on the extent to which each agency is
eligible to place children in the facility.
(5) Disclosure of prior violations to parents and facility
employees.--
(A) In general.--The Administrator shall issue
regulations that require that each entity sponsoring a
child care facility in an executive facility, upon
receipt by the child care facility or the entity (as
applicable) of a request by any individual who is--
(i) a parent of any child enrolled at the
facility;
(ii) a parent of a child for whom an
application has been submitted to enroll at the
facility; or
(iii) an employee of the facility;
shall provide to the individual the copies and
description described in subparagraph (B).
(B) Copies and description.--The entity shall
provide--
(i) copies of all notifications of
deficiencies that have been provided in the
past with respect to the facility under clause
(i)(III) or (ii)(III), as applicable, of
paragraph (4)(B); and
(ii) a description of the actions that were
taken to correct the deficiencies.
(b) Legislative Facilities.--
(1) Accreditation.--The Chief Administrative Officer of the
House of Representatives, the Librarian of Congress, and the
head of a designated entity in the Senate shall ensure that,
not later than 1 year after the date of enactment of this Act,
the corresponding child care facility obtains accreditation by
a child care accreditation entity, in accordance with the
accreditation standards of the entity.
(2) Regulations.--
(A) In general.--If the corresponding child care
facility does not maintain accreditation status with a
child care accreditation entity, the Chief
Administrative Officer of the House of Representatives,
the Librarian of Congress, or the head of the
designated entity in the Senate shall issue regulations
governing the operation of the corresponding child care
facility, to ensure the safety and quality of care of
children placed in the facility. The regulations shall
be no less stringent in content and effect than the
requirements of subsection (a)(1) and the regulations
issued by the Administrator under paragraphs (2) and
(3) of subsection (a), except to the extent that
appropriate administrative officers make the
determination described in subparagraph (B).
(B) Modification more effective.--The determination
referred to in subparagraph (A) is a determination, for
good cause shown and stated together with the
regulations, that a modification of the regulations
would be more effective for the implementation of the
requirements and standards described in subsection (a)
for the corresponding child care facilities,
and entities sponsoring the corresponding child care facilities, in
legislative facilities.
(3) Corresponding child care facility.--In this subsection,
the term ``corresponding child care facility'', used with
respect to the Chief Administrative Officer, the Librarian, or
the head of a designated entity described in paragraph (1),
means a child care facility operated by, or under a contract or
licensing agreement with, an office of the House of
Representatives, the Library of Congress, or an office of the
Senate, respectively.
(c) Judicial Branch Standards and Compliance.--
(1) State and local licensing requirements health, safety,
and facility standards, and accreditation standards.--The
Director of the Administrative Office of the United States
Courts shall issue regulations for child care facilities, and
entities sponsoring child care facilities, in judicial
facilities, which shall be no less stringent in content and
effect than the requirements of subsection (a)(1) and the
regulations issued by the Administrator under paragraphs (2)
and (3) of subsection (a), except to the extent that the
Director may determine, for good cause shown and stated
together with the regulations, that a modification of such
regulations would be more effective for the implementation of
the requirements and standards described in paragraphs (1),
(2), and (3) of subsection (a) for child care facilities, and
entities sponsoring child care facilities, in judicial
facilities.
(2) Evaluation and compliance.--
(A) Director of the administrative office of the
united states courts.--The Director of the
Administrative Office of the United States Courts shall
have the same authorities and duties with respect to
the evaluation of, compliance of, and cost
reimbursement for child care facilities, and entities
sponsoring child care facilities, in judicial
facilities as the Administrator has under subsection
(a)(4) with respect to the evaluation of, compliance
of, and cost reimbursement for such centers and
entities sponsoring such centers, in executive
facilities.
(B) Head of a judicial office.--The head of a
judicial office shall have the same authorities and
duties with respect to the compliance of and cost
reimbursement for child care facilities, and entities
sponsoring child care facilities, in judicial
facilities as the head of an
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Executive agency has under
subsection (a)(4) with respect to the compliance of and
cost reimbursement for such centers and entities
sponsoring such centers, in executive facilities.
(d) Application.--Notwithstanding any other provision of this
section, if 8 or more child care facilities are sponsored in facilities
owned or leased by an Executive agency, the Administrator shall
delegate to the head of the agency the evaluation and compliance
responsibilities assigned to the Administrator under subsection
(a)(4)(A).
(e) Technical Assistance, Studies, and Reviews.--The Administrator
may provide technical assistance, and conduct and provide the results
of studies and reviews, for Executive agencies, and entities sponsoring
child care facilities in executive facilities, on a reimbursable basis,
in order to assist the entities in complying with this section. The
Chief Administrative Officer of the House of Representatives, the
Librarian of Congress, the head of the designated Senate entity
described in subsection (b), and the Director of the Administrative
Office of the United States Courts, may provide technical assistance,
and conduct and provide the results of studies and reviews, or request
that the Administrator provide technical assistance, and conduct and
provide the results of studies and reviews, for legislative offices and
judicial offices, as appropriate, and entities operating child care
facilities in legislative facilities or judicial facilities, as
appropriate, on a reimbursable basis, in order to assist the entities
in complying with this section.
(f) Interagency Council.--
(1) Composition.--The Administrator shall establish an
interagency council, comprised of--
(A) representatives of all Executive agencies
described in subsection (d) and other Executive
agencies at the election of the heads of the agencies;
(B) a representative of the Chief Administrative
Officer of the House of Representatives, at the
election of the Chief Administrative Officer;
(C) a representative of the head of the designated
Senate entity described in subsection (b), at the
election of the head of the entity;
(D) a representative of the Librarian of Congress,
at the election of the Librarian; and
(E) a representative of the Director of the
Administrative Office of the United States Courts, at
the election of the Director.
(2) Functions.--The council shall facilitate cooperation
and sharing of best practices, and develop and coordinate
policy, regarding the provision of child care, including the
provision of areas for nursing mothers and other lactation
support facilities and services, in the Federal Government.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $900,000 for fiscal year 2002
and such sums as may be necessary for each subsequent fiscal year.
SEC. 4. FEDERAL CHILD CARE EVALUATION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator and the Director of the Office of
Personnel Management shall jointly prepare and submit to Congress a
report that evaluates child care provided by entities sponsoring child
care facilities in executive facilities, legislative facilities, or
judicial facilities.
(b) Contents.--The evaluation shall contain, at a minimum--
(1) information on the number of children receiving child
care described in subsection (a), analyzed by age, including
information on the number of those children who are age 6
through 12;
(2) information on the number of families not using child
care described in subsection (a) because of the cost of the
child care; and
(3) recommendations for improving the quality and cost
effectiveness of child care described in subsection (a),
including recommendations of options for creating an optimal
organizational structure and using best practices for the
delivery of the child care.
SEC. 5. CHILD CARE SERVICES FOR FEDERAL EMPLOYEES.
(a) In General.--In addition to services authorized to be provided
by an agency of the United States pursuant to section 616 of the Act of
December 22, 1987 (40 U.S.C. 490b), an Executive agency that provides
or proposes to provide child care services for Federal employees may
use agency funds to provide the child care services, in a facility that
is owned or leased by an Executive agency, or through a contractor, for
civilian employees of the agency.
(b) Affordability.--Funds so used with respect to any such facility
or contractor shall be applied to improve the affordability of child
care for lower income Federal employees using or seeking to use the
child care services offered by the facility or contractor.
(c) Regulations.--The Administrator after consultation with the
Director of the Office of Personnel Management, shall, within 180 days
after the date of enactment of this Act, issue regulations necessary to
carry out this section.
(d) Definition.--For purposes of this section, the term ``Executive
agency'' has the meaning given the term by section 105 of title 5,
United States Code, but does not include the General Accounting Office.
SEC. 6. MISCELLANEOUS PROVISIONS RELATING TO CHILD CARE PROVIDED BY
FEDERAL AGENCIES.
(a) Availability of Federal Child Care Centers for Onsite
Contractors; Percentage Goal.--Section 616 of the Act of December 22,
1987 (40 U.S.C. 490b) is amended--
(1) in subsection (a)--
(A) by striking ``officer or agency of the United
States'' and inserting ``Federal agency or officer of a
Federal agency''; and
(B) by striking paragraphs (2) and (3) and
inserting the following:
``(2) the officer or agency determines that the space will
be used to provide child care and related services to--
``(A) children of Federal employees or onsite
Federal contractors; or
``(B) dependent children who live with Federal
employees or onsite Federal contractors; and
``(3) the officer or agency determines that the individual
or entity will give priority for available child care and
related services in the space to Federal employees and onsite
Federal contractors.''; and
(2) by adding at the end the following:
``(e)(1)(A) The Administrator of General Services shall confirm
that at least 50 percent of aggregate enrollment in Federal child care
centers governmentwide are children of Federal employees or onsite
Federal contractors, or dependent children who live with Federal
employees or onsite Federal contractors.
``(B) Each provider of child care services at an individual Federal
child care center shall maintain 50 percent of the enrollment at the
center of children described under subparagraph (A) as a goal for
enrollment at the center.
``(C)(i) If enrollment at a center does not meet the percentage
goal under subparagraph (B), the provider shall develop and implement a
business plan with the sponsoring Federal agency to achieve the goal
within a reasonable timeframe.
``(ii) The plan shall be approved by the Administrator of General
Services based on--
``(I) compliance of the plan with standards established by
the Administrator; and
``(II) the effect of the plan on achieving the aggregate
Federal enrollment percentage goal.
``(2) The Administrator of General Services Administration may
enter into public-private partnerships or contracts with
nongovernmental entities to increase the capac
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ity, quality,
affordability, or range of child care and related services and may, on
a demonstration basis, waive subsection (a)(3) and paragraph (1) of
this subsection.''.
(b) Payment of Costs of Training Programs.--Section 616(b)(3) of
such Act (40 U.S.C. 490b(b)(3)) is amended to read as follows:
``(3) If a Federal agency has a child care facility in a Federal
space, or is a sponsoring agency for a child care facility in a Federal
space, the agency or the General Services Administration may pay
accreditation fees, including renewal fees, for that center to be
accredited. Any Federal agency that provides or proposes to provide
child care services for children referred to in subsection (a)(2), may
reimburse any Federal employee or any person employed to provide the
services for the costs of training programs, conferences, and meetings
and related travel, transportation, and subsistence expenses incurred
in connection with those activities. Any per diem allowance made under
this section shall not exceed the rate specified in regulations
prescribed under section 5707 of title 5, United States Code.''.
(c) Technical and Conforming Amendments.--Section 616(c) of such
Act (40 U.S.C. 490b(c)) is amended--
(1) by inserting ``Federal'' before ``child care centers'';
and
(2) by striking ``Federal workers'' and inserting ``Federal
employees''.
(d) Provision of Child Care by Private Entities.--Section 616(d) of
such Act (40 U.S.C. 490b(d)) is amended to read as follows:
``(d)(1) If a Federal agency has a child care facility in a Federal
space, or is a sponsoring agency for a child care facility in a Federal
space, the agency, the child care center board of directors, or the
General Services Administration may enter into an agreement with 1 or
more private entities under which the private entities would assist in
defraying the general operating expenses of the child care providers
including salaries and tuition assistance programs at the facility.
``(2)(A) Notwithstanding any other provision of law, if a Federal
agency does not have a child care program, or if the Administrator of
General Services has identified a need for child care for Federal
employees at a Federal agency providing child care services that do not
meet the requirements of subsection (a), the agency or the
Administrator may enter into an agreement with a non-Federal, licensed,
and accredited child care facility, or a planned child care facility
that will become licensed and accredited, for the provision of child
care services for children of Federal employees.
``(B) Before entering into an agreement, the head of the Federal
agency shall determine that child care services to be provided through
the agreement are more cost effectively provided through the
arrangement than through establishment of a Federal child care
facility.
``(C) The Federal agency may provide any of the services described
in subsection (b)(3) if, in exchange for the services, the facility
reserves child care spaces for children referred to in subsection
(a)(2), as agreed to by the parties. The cost of any such services
provided by a Federal agency to a Federal child care facility on behalf
of another Federal agency shall be reimbursed by the receiving agency.
``(3) This subsection does not apply to residential child care
programs.''.
(e) Pilot Projects.--Section 616 of such Act (40 U.S.C. 490b) is
further amended by adding at the end the following:
``(f)(1) Upon approval of the agency head, a Federal agency may
conduct a pilot project not otherwise authorized by law for no more
than 2 years to test innovative approaches to providing alternative
forms of quality child care assistance for Federal employees. A Federal
agency head may extend a pilot project for an additional 2-year period.
Before any pilot project may be implemented, a determination shall be
made by the agency head that initiating the pilot project would be more
cost-effective than establishing a new Federal child care facility.
Costs of any pilot project shall be paid solely by the agency
conducting the pilot project.
``(2) The Administrator of General Services shall serve as an
information clearinghouse for pilot projects initiated by other Federal
agencies to disseminate information concerning the pilot projects to
the other Federal agencies.
``(3) Within 6 months after completion of the initial 2-year pilot
project period, a Federal agency conducting a pilot project under this
subsection shall provide for an evaluation of the impact of the project
on the delivery of child care services to Federal employees, and shall
submit the results of the evaluation to the Administrator of General
Services. The Administrator shall share the results with other Federal
agencies.''.
(f) Definitions.--Section 616 of such Act (40 U.S.C. 490b) is
further amended by adding at the end the following:
``(h) In this section:
``(1) The term `Federal agency' has the meaning given the
term `Executive agency' in section 2 of the Federal Employees
Child Care Act.
``(2) The terms `Federal building' and `Federal space' have
the meanings given the term `executive facility' in such
section 2.
``(3) The term `Federal child care center' means a child
care center in an executive facility, as defined in such
section 2.
``(4) The terms `Federal contractor' and `Federal employee'
mean a contractor and an employee, respectively, of an
Executive agency, as defined in such section 2.''.
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