[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 28 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                 H. R. 28

   To provide for greater access to child care services for Federal 
                               employees.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 1999

 Mr. Gilman (for himself, Mrs. Morella, Mrs. Maloney of New York, Mr. 
 Waxman, Mr. Romero-Barcelo, Mrs. Kelly, and Mr. Shays) introduced the 
   following bill; which was referred to the Committee on Government 
Reform, and in addition to the Committee on 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 provide for greater access to child care services for Federal 
                               employees.

    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 facility.--The term ``accredited 
        child care facility'' means--
                    (A) a facility that is accredited, by a child care 
                accreditation entity, as defined in paragraph (2);
                    (B) a facility 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
                    (C) an armed forces child development facility that 
                is in compliance with any applicable performance 
                standards established by regulation, rule, or military 
                order.
            (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 which serves as a peer review 
                panel for the standards and procedures of public and 
                private childcare 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) 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) 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 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 center primarily for the use of Federal employees.
            (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 
                the Coast Guard; 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 or a judicial 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.
    (b) Executive Branch Standards and Compliance.--
            (1) State and local licensing requirements.--
                    (A) In general.--Any entity sponsoring a child care 
                facility in an executive facility shall--
                            (i) comply with childcare standards that 
                        minimally encompass State or local licensing 
                        requirements related to the provision of child 
                        care in that geographic area; or
                            (ii) obtain the appropriate State or local 
                        licenses 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 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 
                        or 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 in executive facilities, and require 
        child care facilities, and entities sponsoring child care 
        facilities, in executive facilities to comply with the 
        standards. Such 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 center (as 
                defined by the Administrator) in an executive facility 
                to comply with child care accreditation standards as 
                identified in section 2(2)(A).
                    (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 provision 
                        of child care services 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), of child care facilities, and entities 
                sponsoring child care services, 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 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 
                        center is the agency--
                                    (I) no 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) 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 and employees of the 
                                center 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 a period of 5 working 
                                days or until the deficiencies are 
                                corrected, whichever is later;
                                    (IV) bring the facility and entity 
                                into compliance with the requirements 
                                and certify to the Administrator that 
                                the facility and entity are in 
                                compliance, based on an on-site 
                                evaluation of the facility 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 facility or the 
                                affected portion of the facility, until 
                                such deficiencies are corrected and 
                                notify the Administrator of such 
                                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 no 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 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 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 deficiency is corrected, 
                                whichever is later;
                                    (IV) require the contractor or 
                                licensee to bring the 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 on-site 
                                evaluation of the facility 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 facility or the 
                                affected portion of the facility until 
                                such deficiencies are corrected and 
                                notify the Administrator of such 
                                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 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 facility.
            (5) Disclosure of prior violations to parents and facility 
        employees.--The Administrator shall issue regulations that 
        require that each Executive agency that operates a child care 
        facility, and each entity that enters into a contract or 
        licensing agreement with an Executive agency to operate a child 
        care facility, upon receipt by the facility or the agency or 
        entity (as applicable) of a request by any individual who is a 
        parent of any child enrolled at the facility, a parent of a 
        child for whom there has been submitted an application to 
        enroll at the facility, or an employee of the facility, shall 
        provide to the individual--
                    (A) copies of all notifications of deficiencies 
                that have been provided in the past with respect to the 
                facility under paragraph (4)(B) (i)(III) or (ii)(III), 
                as applicable; and
                    (B) a description of the actions that were taken to 
                correct the deficiencies.
    (c) 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 
(b)(4)(A).
    (d) 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.
    (e) Council.--The Administrator shall establish an interagency 
council, comprised of all Executive agencies described in subsection 
(d), to facilitate cooperation and sharing of best practices, and to 
develop and coordinate policy, regarding the provision of child care, 
including areas for nursing mothers and other lactation support 
facilities and services, in the Federal Government.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $900,000 for fiscal year 2000 
and such sums as may be necessary for each subsequent fiscal year.

SEC. 4. MISCELLANEOUS PROVISIONS RELATING TO CHILD CARE PROVIDED BY 
              FEDERAL AGENCIES.

    (a) Availability of Federal Child Care Centers for On-Site 
Contractors; Percentage Goal.--Section 616(a) of the Act of December 
22, 1987 (40 U.S.C. 490b), is amended--
            (1) in subsection (a), by striking paragraphs (2) and (3) 
        and inserting the following:
            ``(2) such officer or agency determines that such space 
        will be used to provide child care and related services to 
        children of Federal employees or on-site Federal contractors, 
        or dependent children who live with Federal employees or on-
        site Federal contractors; and
            ``(3) such officer or agency determines that such 
        individual or entity will give priority for available child 
        care and related services in such space to Federal employees 
        and on-site Federal contractors.''; and
            (2) by adding at the end the following:
    ``(e)(1) The Administrator of General Services must confirm that at 
least 50 percent of aggregate enrollment in Federal child care centers 
governmentwide are children of Federal employees or on-site Federal 
contractors, or dependent children who live with Federal employees or 
on-site Federal contractors. Each provider of child care services at an 
individual Federal child care center shall maintain this percentage as 
a goal for enrollment at the center. If enrollment at a center drops 
below the goal, the provider shall develop and implement a business 
plan with the sponsoring Federal agency to achieve the goal within a 
reasonable timeframe. This plan must be approved by the Administrator 
of General Services based on its compliance with standards established 
by the Administrator, and its effect 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 capacity, 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. 490(b)(3)) is amended to read as follows:
    ``(3) If an agency has a child care facility in its space, or is a 
sponsoring agency for a child care facility in other Federal or leased 
space, the agency or the General Services Administration may pay 
accreditation fees, including renewal fees, for that center to be 
accredited. Any agency, department, or instrumentality of the United 
States 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 such 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 pursuant to this section 
shall not exceed the rate specified in regulations prescribed pursuant 
to section 5707 of title 5, United States Code.''.
    (c) 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 its 
space, or is a sponsoring agency for a child care facility in other 
Federal or leased space, the agency, the child care center board of 
directors, or the General Services Administration may enter into an 
agreement with one or more private entities under which such private 
entities would assist in defraying the general operating expenses of 
the child care provider including, but not limited to, 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 an agency providing child care services that do not meet 
the criteria of subsection (a), the agency or the Administrator may 
enter into an agreement with an existing 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) Prior to entering into an agreement, the head of the Federal 
agency must determine that child care services to be provided through 
the agreement are more cost effectively provided through this 
arrangement than through establishment of an Executive child care 
facility.
    ``(C) The agency may provide any of the services described in 
subsection (b)(3) if, in exchange for such 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 an agency to a child care facility on behalf of another 
agency shall be reimbursed by the receiving agency.
    ``(3) This subsection does not apply to residential child care 
programs.''.
    (d) 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, an agency may conduct a 
pilot project not otherwise authorized by law for up to 2 years to test 
innovative approaches to providing alternative forms of quality child 
care assistance for Federal employees. An agency head may extend a 
pilot project for an additional 2-year period. Before any pilot project 
may be implemented, a determination must be made by the agency head 
that initiating the pilot project would be more cost effective than 
establishing a new child care facility. Costs of any pilot project 
shall be borne 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 
agencies to disseminate information concerning the pilot projects to 
the other agencies.
    ``(3) Within 6 months after completion of the initial 2-year pilot 
project period, an 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.''.
    (e) Background Check.--Section 616 of such Act (40 U.S.C. 490b) is 
further amended by adding at the end the following:
    ``(g) All existing and newly hired workers in any child care center 
located in federally owned or leased facilities shall undergo a 
criminal history background check as defined in 42 U.S.C. 13401.''.

SEC. 5. REQUIREMENT TO PROVIDE LACTATION SUPPORT IN NEW EXECUTIVE CHILD 
              CARE FACILITIES.

    The head of each Federal agency shall require that each child care 
facility first operated after the one-year period beginning on the date 
of the enactment of this Act by the Federal agency, or under a contract 
or licensing agreement with the Federal agency, shall provide 
reasonable accommodations for the needs of breast fed infants and their 
mothers, including by providing a lactation area or a room for nursing 
mothers as part of the operating plan for the center.
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