[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1490 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1490

     To improve the quality of child care provided through Federal 
            facilities and programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1997

 Mr. Jeffords introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
     To improve the quality of child care provided through Federal 
            facilities and programs, 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 ``Quality Child Care for Federal 
Employees Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Accredited child care center.--The term ``accredited 
        child care center'' means--
                    (A) a center that is accredited, by a child care 
                credentialing or accreditation entity recognized by a 
                State, to provide child care to children in the State 
                (except children who a tribal organization elects to 
                serve through a center described in subparagraph (B));
                    (B) a center that is accredited, by a child care 
                credentialing or accreditation entity recognized by a 
                tribal organization, to provide child care for children 
                served by the tribal organization;
                    (C) a center that is used as a Head Start center 
                under the Head Start Act (42 U.S.C. 9831 et seq.) and 
                is in compliance with any applicable performance 
                standards established by regulation under such Act for 
                Head Start programs; or
                    (D) a military child development center (as defined 
                in section 1798(1) of title 10, United States Code).
            (2) Child care credentialing or accreditation entity.--The 
        term ``child care credentialing or accreditation entity'' means 
        a nonprofit private organization or public agency that--
                    (A) is recognized by a State agency or tribal 
                organization; and
                    (B) accredits a center or credentials an individual 
                to provide child care on the basis of--
                            (i) an accreditation or credentialing 
                        instrument based on peer-validated research;
                            (ii) compliance with applicable State and 
                        local licensing requirements, or standards 
                        described in section 658E(c)(2)(E)(ii) of the 
                        Child Care and Development Block Grant Act (42 
                        U.S.C. 9858c(c)(2)(E)(ii)), as appropriate, for 
                        the center or individual;
                            (iii) outside monitoring of the center or 
                        individual; and
                            (iv) criteria that provide assurances of--
                                    (I) compliance with age-appropriate 
                                health and safety standards at the 
                                center or by the individual;
                                    (II) use of age-appropriate 
                                developmental and educational 
                                activities, as an integral part of the 
                                child care program carried out at the 
                                center or by the individual; and
                                    (III) use of ongoing staff 
                                development or training activities for 
                                the staff of the center or the 
                                individual, including related skills-
                                based testing.
            (3) Credentialed child care professional.--The term 
        ``credentialed child care professional'' means--
                    (A) an individual who is credentialed, by a child 
                care credentialing or accreditation entity recognized 
                by a State, to provide child care to children in the 
                State (except children who a tribal organization elects 
                to serve through an individual described in 
                subparagraph (B)); or
                    (B) an individual who is credentialed, by a child 
                care credentialing or accreditation entity recognized 
                by a tribal organization, to provide child care for 
                children served by the tribal organization.
            (4) State.--The term ``State'' has the meaning given the 
        term in section 658P of the Child Care and Development Block 
        Grant Act (42 U.S.C. 9858n).

SEC. 3. PROVIDING QUALITY CHILD CARE IN FEDERAL FACILITIES.

    (a) Definition.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of General Services.
            (2) Entity sponsoring a child care center.--The term 
        ``entity sponsoring a child care center'' 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 center.
            (3) 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
                    (B) includes the General Services Administration, 
                with respect to the administration of a facility 
                described in paragraph (4)(B).
            (4) 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.
            (5) Federal agency.--The term ``Federal agency'' means an 
        Executive agency, a judicial office, or a legislative office.
            (6) 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 (4)(B)).
            (7) Judicial office.--The term ``judicial office'' means an 
        entity of the judicial branch of the Federal Government.
            (8) Legislative facility.--The term ``legislative 
        facility'' means a facility that is owned or leased by a 
        legislative office.
            (9) Legislative office.--The term ``legislative office'' 
        means an entity of the legislative branch of the Federal 
        Government.
    (b) Executive Branch Standards and Compliance.--
            (1) State and local licensing requirements.--
                    (A) In general.--Any entity sponsoring a child care 
                center in an executive facility shall--
                            (i) obtain the appropriate State and local 
                        licenses for the center; and
                            (ii) in a location where the State or 
                        locality does not license executive facilities, 
                        comply with the appropriate State and local 
                        licensing requirements related to the provision 
                        of child care.
                    (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 operation 
                        of such a child care center shall include a 
                        condition that the child care be provided by an 
                        entity that complies with the appropriate State 
                        and local licensing requirements related to the 
                        provision of child care.
            (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 centers in executive facilities, and 
        require child care centers, and entities sponsoring child care 
        centers, in executive facilities to comply with the standards.
            (3) Accreditation standards.--
                    (A) In general.--The Administrator shall issue 
                regulations requiring, to the maximum extent possible, 
                any entity sponsoring an eligible child care center (as 
                defined by the Administrator) in an executive facility 
                to comply with child care center accreditation 
                standards issued by a nationally recognized 
                accreditation organization approved by the 
                Administrator.
                    (B) Compliance.--The regulations shall require 
                that, not later than 5 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 operation 
                        of such a child care center shall include a 
                        condition that the child care be provided by an 
                        entity that complies with the standards.
                    (C) Contents.--The standards shall base 
                accreditation on--
                            (i) an accreditation instrument described 
                        in section 2(2)(B);
                            (ii) outside monitoring described in 
                        section 2(2)(B), by--
                                    (I) the Administrator; or
                                    (II) a child care credentialing or 
                                accreditation entity, or other entity, 
                                with which the Administrator enters 
                                into a contract to provide such 
                                monitoring; and
                            (iii) the criteria described in section 
                        2(2)(B).
            (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), of child care centers, and entities sponsoring 
                child care centers, in executive facilities. The 
                Administrator may conduct the evaluation of such a 
                child care center or entity directly, or through an 
agreement with another Federal agency or private entity, other than the 
Federal agency for which the child care center is providing services. 
If the Administrator determines, on the basis of such an evaluation, 
that the child care center 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 
                        center is the agency--
                                    (I) within 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) develop and provide to the 
                                Administrator a plan to correct any 
                                other deficiencies in the operation of 
                                the center and bring the center and 
                                entity into compliance with the 
                                requirements not later than 4 months 
                                after the date of receipt of the 
                                notification;
                                    (III) provide the parents of the 
                                children receiving child care services 
                                at the center with a notification 
                                detailing the deficiencies described in 
                                subclauses (I) and (II) and actions 
                                that will be taken to correct the 
                                deficiencies;
                                    (IV) bring the center and entity 
                                into compliance with the requirements 
                                and certify to the Administrator that 
                                the center and entity are in 
                                compliance, based on an on-site 
                                evaluation of the center conducted by 
                                an independent entity 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 center until 
                                such deficiencies are corrected and 
                                notify the Administrator of such 
                                closure; and
                            (ii) if the entity operating the child care 
                        center is a contractor or licensee of the 
                        Executive agency--
                                    (I) require the contractor or 
                                licensee within 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 to develop and provide to the 
                                head of the agency a plan to correct 
                                any other deficiencies in the operation 
                                of the center and bring the center and 
                                entity into compliance with the 
                                requirements not later than 4 months 
                                after the date of receipt of the 
                                notification;
                                    (III) require the contractor or 
                                licensee to provide the parents of the 
                                children receiving child care services 
                                at the center with a notification 
                                detailing the deficiencies described in 
                                subclauses (I) and (II) and actions 
                                that will be taken to correct the 
                                deficiencies;
                                    (IV) require the contractor or 
                                licensee to bring the center and entity 
                                into compliance with the requirements 
                                and certify to the head of the agency 
                                that the center and entity are in 
                                compliance, based on an on-site 
                                evaluation of the center conducted by 
                                an independent entity 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 center until 
                                such deficiencies are corrected and 
                                notify the Administrator of such 
                                closure, which closure shall 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 centers located in 
                an executive facility other than an executive facility 
                of the General Services Administration. If an entity is 
                sponsoring a child care center for 2 or more Executive 
                agencies, the Administrator shall allocate the costs of 
                providing such reimbursement 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 center.
    (c) Legislative Branch Standards and Compliance.--
            (1) State and local licensing requirements, health, safety, 
        and facility standards, and accreditation standards.--The 
        Architect of the Capitol shall issue regulations approved by 
        the Senate Committee on Rules and Administration and the House 
        Oversite Committee for child care centers, and entities 
        sponsoring child care centers, in legislative facilities, which 
        shall be no less stringent in content and effect than the 
        requirements of subsection (b)(1) and the regulations issued by 
        the Administrator under paragraphs (2) and (3) of subsection 
        (b), except to the extent that the Architect with the consent 
        and approval of the Senate Committee on Rules and 
        Administration and the House Oversight Committee, 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 (b) for child care centers, and entities sponsoring 
        child care centers, in legislative facilities.
            (2) Evaluation and compliance.--
                    (A) Architect of the capitol.--The Architect of the 
                Capitol shall have the same authorities and duties with 
                respect to the evaluation of, compliance of, and cost 
                reimbursement for child care centers, and entities 
                sponsoring child care centers, in legislative 
                facilities as the Administrator has under subsection 
                (b)(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 legislative office.--The head of a 
                legislative office shall have the same authorities and 
                duties with respect to the compliance of and cost 
                reimbursement for child care centers, and entities 
sponsoring child care centers, in legislative facilities as the head of 
an Executive agency has under subsection (b)(4) with respect to the 
compliance of and cost reimbursement for such centers and entities 
sponsoring such centers, in executive facilities.
    (d) 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 centers, and 
        entities sponsoring child care centers, in judicial facilities, 
        which shall be no less stringent in content and effect than the 
        requirements of subsection (b)(1) and the regulations issued by 
        the Administrator under paragraphs (2) and (3) of subsection 
        (b), 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 (b) for child 
        care centers, and entities sponsoring child care centers, 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 centers, and entities 
                sponsoring child care centers, in judicial facilities 
                as the Administrator has under subsection (b)(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 centers, and entities 
                sponsoring child care centers, in judicial facilities 
                as the head of an Executive agency has under subsection 
                (b)(4) with respect to the compliance of and cost 
                reimbursement for such centers and entities sponsoring 
                such centers, in executive facilities.
    (e) Application.--Notwithstanding any other provision of this 
section, if 8 or more child care centers 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 
(b)(4)(A).
    (f) 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 centers in executive facilities, on a reimbursable basis, in 
order to assist the entities in complying with this section. The 
Architect of the Capitol 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, respectively, and entities operating child care 
centers in legislative facilities and judicial facilities, 
respectively, on a reimbursable basis, in order to assist the entities 
in complying with this section.
    (g) Council.--The Administrator shall establish an interagency 
council, comprised of all Executive agencies described in subsection 
(e), a representative of the Office of Architect of the Capitol, and a 
representative of the Administrative Office of the United States 
Courts, to facilitate cooperation and sharing of best practices, and to 
develop and coordinate policy, regarding the provision of child care in 
the Federal Government.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $900,000 for fiscal year 1998 
and such sums as may be necessary for each subsequent fiscal year.
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