[Congressional Record Volume 145, Number 2 (Thursday, January 7, 1999)]
[Extensions of Remarks]
[Pages E13-E16]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       THE QUALITY CHILD CARE FOR FEDERAL EMPLOYEES ACT, H.R. 28

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                       Wednesday, January 6, 1999

  Mr. GILMAN. Mr. Speaker, today I am introducing the Quality Child 
Care for Federal Employees Act, H.R. 28, which will improve the quality 
of federal child care facilities throughout our nation.
  I was first introduced to the horrors of inadequate day care by 
former constituents, Mark and Julie Fiedelholtz of Pembroke Pines, 
Florida. Mr. Fiedelholtz asked for my help after the tragic death of 
his 3 month old son, Jeremy. Left at a day care center for merely two 
hours, little Jeremy died as a result of deplorable conditions, 
unqualified personnel and the blatant lack of respect for the laws 
intended to protect our children. Although this horrifying situation 
did not take place in a federal center, clean, safe and quality 
conditions for our children need to be ensured in every child care 
center throughout our nation.
  Because many of these child care facilities are housed in federal 
buildings, state and local authorities have little or no jurisdiction 
regarding health, fire and safety codes. This Act would require all 
federal centers responsible for maintaining these basic regulations. 
With over one thousand federally owned or operated child care centers 
in the United States capable of accommodating 200,000 children, this 
legislation is essential.
  After conferring with representatives from various federal agencies, 
I learned that many federal centers, such as the facilities operated by 
GSA, follow their own standards which in

[[Page E14]]

most instances are higher than most states. I want to stress that it is 
not the intention of this bill to lower federal agency standards, 
should they be greater than the state or local regulations. Instead, we 
are looking to raise the standards of those federal centers across the 
country whose standards fall below state and local codes and hold them 
accountable for failure to do so. This bill does not allow state or 
local law enforcement officials to enter federal facilities to perform 
checks of any kind unless GSA agrees to it. This option is left up to 
the discretion of GSA and is not mandated by this bill.
  This legislation includes language which will help GSA in its quest 
to provide a more comprehensive day care plan, by allowing GSA to 
expand its child care services to more children and let its centers 
join into a consortium of private businesses and health care providers. 
This provision will enable agencies to partner with external 
organizations, conduct pilot programs and search for new methods of 
providing child care assistance to federal employees.
  Our children are so important and the care they receive during their 
first 5 years of development are essential to raising intelligent and 
productive members of society. This legislation is a great first step 
in ensuring the positive development and growth of our children and I 
look forward to working with my colleagues in the months ahead on 
additional child care measures.

                                H.R. 28

       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 non-profit 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.
       (A) Evaluation and compliance.--
       (4) In general.--The Administrator shall evaluate the 
     compliance, with the requirements of paragraph (1) and the 
     regulations issued pursuant to paragraph (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;

[[Page E15]]

       (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

[[Page E16]]

     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.

     

                          ____________________