```

[House Report 106-869]
[From the U.S. Government Publishing Office]

106th Congress                                            Rept. 106-869
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1

======================================================================

 
                              BAYLEE'S LAW

                                _______
                                

 September 19, 2000.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Shuster, from the Committee on Transportation and Infrastructure, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 4519]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 4519) to amend the Public Buildings 
Act of 1959 concerning the safety and security of children 
enrolled in childcare facilities located in public buildings 
under the control of the General Services Administration, 
having considered the same, report favorably thereon without 
amendment and recommend that the bill do pass.

                          Summary and Purpose

    H.R. 4519, ``Baylee's Law,'' is a bill that amends the 
Public Buildings Act of 1959. It instructs the Administrator of 
the General Services Administration (GSA) to notify parents or 
guardians enrolling their children in a childcare center 
located in a GSA controlled building of the current Federal 
agencies occupying the building and the level of security of 
that particular Federal building. It also requires GSA to 
notify parents or guardians of any change of Federal tenants in 
the building. The designated level of security identification 
should be consistent with the Vulnerability Assessment and 
subsequent recommendations from that study made by the 
Department of Justice. The Administrator is also instructed to 
submit to Congress, not later than one year after the date of 
enactment, a comprehensive report identifying and describing 
each childcare facility under its control, a safety and 
security assessment of each facility with recommendations for 
increasing safety, and to include in the safety assessment, an 
examination of windows and the dangers of flying glass hazards.

                  Background and Need for Legislation

    In 1985 the Federal government enacted legislation (PL 99-
190) to increase the accessibility of childcare services for 
Federal employees in Federal buildings. This involved the 
allotment of space, conditions, and costs for services. 
Services, in addition to other factors, include security 
systems in the childcare centers. Amendments to the Act in 1992 
(PL 102-393) provided that through GSA's licensing agreements, 
the Administrator shall provide guidance, assistance, and 
oversight to Federal agencies for the development of childcare 
centers to promote economical and effective child care for 
Federal workers. GSA has established a Child Care Center of 
Expertise and published a Child Care Center Design Guide as 
guidance in establishing childcare centers in GSA controlled 
facilities. Each region has a regional coordinator to 
facilitate policy guidance from the Child Care Center of 
Expertise to the region. There are currently 113 childcare 
centers in GSA controlled buildings throughout the United 
States.
    In recent years there has been an increasing awareness to 
the threat and security of Federal buildings. This threat also 
applies to the safety and security of children enrolled in 
childcare facilities in GSA controlled buildings. On April 19, 
1995, the most serious act of American terrorism took place in 
Oklahoma City, Oklahoma with the bombing of the Alfred P. 
Murrah Federal Building. 168 people lost their lives that day, 
including 15 children who were enrolled in the childcare center 
in the building.
    After meeting with the mother of a 1-year old child who was 
enrolled in the Federal child care center, and died that day, 
the Committee began further investigating the safety and 
security policies of GSA with regard to childcare centers. The 
Committee learned that GSA is under no obligation to inform 
parents or guardians with children enrolled in a childcare 
center housed in a GSA controlled building of the other Federal 
agencies occupying space in that building. About 55% of the 
parents or guardians whose children are enrolled in childcare 
centers housed in GSA controlled buildings are not Federal 
workers, so those parents would not be aware of building 
occupants that may attract unwanted attention. GSA is not 
required to inform those parents and guardians of the level of 
security of that particular Federal facility. In correspondence 
between the Subcommittee Chairman and the Commissioner of the 
Public Buildings Service, the Chairman questioned if GSA 
notifies parents with children enrolled in a childcare facility 
of the other tenants in the building or of any threats to the 
facility. GSA indicated that they do not routinely inform 
parents of the particular occupants of the facility with a 
childcare center. The question was also posed to the 
Commissioner at a hearing held March 23, 2000 and he indicated 
that GSA does not inform parents of the other tenants in the 
same building as the childcare center.
    In the interest of children's safety, and that of a parents 
ability to make an informed decision, H.R. 4519 will instruct 
GSA to inform parents or guardians enrolling their children in 
a childcare center in a Federal building or GSA controlled 
facility, of the Federal tenants in that building, and of the 
level of security of the building. The intent of H.R. 4519 is 
not to deter parents from enrolling their children in these 
particular childcare centers, but rather to make them aware of 
the Federal agencies in the same building, and allow them to make 
informed decisions about their children.

      Discussion of Committee Bill and Section-by-Section Analysis

Section 1. Short title

    Provides that the Act may be cited as ``Baylee's Law.'' 
Baylee Almon was a 1-year old killed while attending the 
childcare center located in the Alfred P. Murrah Federal 
Building in Oklahoma City, Oklahoma at the time of its bombing 
in 1995.

Section 2. Safety and security of children in childcare facilities

    Amends the Public Buildings Act of 1959, by adding a new 
Section 22, ``Safety and Security of Children in Childcare 
Facilities.''
    This new section:
    (a) Instructs the Administrator of the General Services 
Administration to provide written notification to the parents 
or guardians of children enrolling in a childcare facility in a 
public building controlled by GSA, of the current tenants and 
the designated level of security of that particular building. 
The Administrator is also required to inform those parents or 
guardians of any change of Federal agency tenants in that 
particular building.
    (b) As soon as practicable the Administrator is required to 
inform the parents or guardians of children enrolled in a 
childcare center located in a building under the 
Administrator's control of any serious threat that could affect 
the safety and security of children enrolled in that particular 
childcare center.
    (c) Not later than one year after the date of enactment the 
Administrator is required to report to the Committee on 
Transportation and Infrastructure and the Congress a 
comprehensive report on childcare centers under the 
Administrator's control. The report should identify and 
describe each childcare center located in a GSA controlled 
facility and assess the level of safety and security of 
children enrolled in each of those childcare centers. The 
report should also recommend methods for enhancing safety and 
security. The Administrator is further instructed to examine 
the windows and interior furnishings in each facility and 
determine whether sufficient protective measures have been 
implemented to protect against the dangers associated with 
interior furnishings and windows. Interior furnishings should 
be safely secured to the structure and windows should be 
equipped with adequate protective measures to mitigate the 
dangers of flying glass.

                                Hearings

    On March 23, 2000, the Subcommittee on Economic 
Development, Public Buildings, Hazardous Materials and Pipeline 
Transportation of the Committee on Transportation and 
Infrastructure held a hearing on the General Services 
Administration FY 2001 Capital Investment Program. Testimony 
was given by Ms. Aren Almon-Kok, founder of the Protecting 
People First Foundation, the Commissioner of the Public 
Buildings Service of the General Services Administration, 
Members of Congress and Federal Judges. The hearing did not 
specifically address H.R. 4519, but addressed weaknesses in 
current policies regarding Federal childcare centers 
in GSA controlled buildings. H.R. 4519, corrects many concerns 
that were raised at the hearing.

                        Committee Consideration

    On June 20, 2000 the Subcommittee on Economic Development, 
Public Buildings, Hazardous Materials and Pipeline 
Transportation marked up H.R. 4519 and favorably reported it to 
the Full Committee by unanimous voice vote with a quorum being 
present. On June 21, 2000, the Full Committee met in open 
session and reported the bill, H.R. 4519, by unanimous voice 
vote with a quorum being present.

                             Rollcall votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each roll call vote on a motion 
to report and on any amendment offered to the measure or 
matter, and the names of those members voting for and against. 
There were no recorded votes taken in connection with ordering 
H.R. 4519 reported.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report and is included in the report. Such a cost estimate is 
included in this report.

                    Compliance With House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office 
included below.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 4519.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
4519, from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

    Summary: CBO estimates that the bill is unlikely to have a 
significant impact on the federal budget. While pay-go 
procedures would apply, it is unlikely that there would be 
significant changes in such receipts under H.R. 4519. Further, the 
bill contains no intergovernmental mandates and would impose no 
costs on the budgets of state, local or tribal governments. 
While it creates a private sector mandate for reporting to 
Congress, the costs of this is minimal.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 22, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4519, Baylee's 
Law.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                         Robert A. Sunshine
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4519--Baylee's Law

    H.R. 4519 would amend the Public Buildings Act of 1959 to 
require the General Services Administration (GSA) to provide 
certain information regarding the safety and security of 
childcare facilities operated in buildings under it 
administrative control. CBO estimates that implementing the 
bill would cost GSA a negligible amount each year. Because the 
bill would not affect direct spending or receipts, pay-as-you-
go procedures would not apply. H.R. 4519 contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act and would not affect the budgets 
of state, local, or tribal governments.
    H.R. 4519 would require GSA to provide a list of a 
building's tenants and its designated level of security to any 
parent or guardian who is considering enrolling a child in a 
childcare facility that is operated in a GSA building. In 
addition, the bill would direct GSA to notify parents or 
guardians of any new federal tenants and of any serious threat 
that it determines may exist to the safety and security of the 
children. Finally, H.R. 4519 would require the agency to 
identify an describe each childcare facility that is located in 
one of its buildings, assess the facility's level of safety and 
security, and recommend methods for enhancing such safety and 
security. GSA would have on year from enactment to submit that 
report tot the Congress.
    GSA buildings contain 113 childcare facilities with an 
aggregate enrollment of more than 7,000 children. According to 
the agency, it already regularly assesses the safety and 
security of each of its childcare facilities, and notifies each 
parent or guardian of any safety and security threat. Thus, 
because it would largely codify existing administrative policy, 
CBO estimates that implementing H.R. 4519 would cost a 
negligible amount each year. Any increase in costs would be 
subject to the availability of appropriated funds.
    The CBO staff contact for this estimate is John R. Rigther. 
The estimated was approved by Peter H. Fontaine, Deputy 
Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act. (Public Law 104-4.)

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by 
legislation.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1.)

                          House of Representatives,
                            Committee on Government Reform,
                                Washington, DC, September 19, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: In response to your request and in the 
interest of expediting Floor consideration of the bill, the 
Committee will not exercise its jurisdiction over H.R. 4519--
Baylee's Law. The bill amends the Public Buildings Act of 1959 
concerning public safety and security of children enrolled in 
childcare facilities located in public buildings under the 
control of the General Services Administration.
    As you know, House Rules grant the Committee on Government 
Reform wide jurisdiction regarding the overall economy, 
efficiency and management of government operations and 
activities. This action should not, however, be construed as 
waiving the Committee's jurisdiction over future legislation of 
a similar nature. I would also request that members of the 
Government Reform Committee he appointed as conferees if a 
conference committee is appointed.
    I look forward to working with you on this and other issues 
throughout the remainder of the 106th Congress.
            Sincerely,
                                              Dan Burton, Chairman.
                                ------                                

                        Committee on Transportation
                                        and Infrastructure,
                                Washington, DC, September 19, 2000.
Hon. Dan Burton,
Chairman, Committee on Government Reform,
Washington, DC.
    Dear Mr. Chairman: Next week the House may consider H.R. 
4519, ``Baylee's Law.'' While H.R. 4519 primarily contains 
provisions related to matters solely in the jurisdiction of the 
Committee on Transportation and Infrastructure, I recognize 
that certain provisions in the bill regarding the General 
Services Administration's policies concerning childcare 
facilities located in public buildings are under the 
jurisdiction of the Committee on Government Reform.
    I agree that allowing this bill to go forward in no way 
impairs upon your jurisdiction over these provisions, and I 
would be pleased to place this letter and any response you may 
have in the Congressional Record during our deliberations on 
this bill. In addition, if a conference is necessary on this 
bill, I would support any request to have the Committee on 
Government Reform be represented on the conference with respect 
to the matters in question.
    I look forward to passing this bill on the Floor soon and 
thank you for your assistance.
            Sincerely,
                                             Bud Shuster, Chairman.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italic and existing law in which no change is 
proposed is shown in roman):

             SECTION 22 OF THE PUBLIC BUILDINGS ACT OF 1959

SEC. 22. SAFETY AND SECURITY OF CHILDREN IN CHILDCARE FACILITIES.

  (a) Written Notice to Parents or Guardians.--
          (1) Initial notification.--Before the enrollment of 
        any child in a childcare facility located in a public 
        building under the control of the Administrator, the 
        Administrator shall provide to the parents or guardians 
        of the child a written notification containing--
                  (A) an identification of the current tenants 
                in the public building; and
                  (B) the designation of the level of security 
                of the public building.
          (2) Notification of new tenants.--After providing a 
        written notification to the parents or guardians of a 
        child under paragraph (1), the Administrator shall provide to 
        the parents or guardians a written notification if any new 
        Federal tenant is scheduled to take occupancy in the 
        public building.
  (b) Notification of Serious Threats to Safety or Security.--
As soon as practicable after being informed of a serious 
threat, as determined by the Administrator, that could affect 
the safety and security of children enrolled in a childcare 
facility in a public building under the control of the 
Administrator, the Administrator shall provide notice of the 
threat to the parents or guardians of each child in the 
facility.
  (c) Report to Congress.--
          (1) In general.--Not later than 1 year after the date 
        of enactment of this section, the Administrator shall 
        transmit to Congress a comprehensive report on 
        childcare facilities in public buildings under the 
        control of the Administrator.
          (2) Contents.--The report to be transmitted under 
        paragraph (1) shall include--
                  (A) an identification and description of each 
                childcare facility located in a public building 
                under the control of the Administrator; and
                  (B) an assessment of the level of safety and 
                security of children enrolled in the childcare 
                facility and recommendations on methods for 
                enhancing that safety and security.
          (3) Windows and interior furnishings.--In conducting 
        an assessment of a childcare facility under paragraph 
        (2)(B), the Administrator shall examine the windows and 
        interior furnishings of the facility to determine 
        whether adequate protective measures have been 
        implemented to protect children in the facility against 
        the dangers associated with windows and interior 
        furnishings in the event of a natural disaster or 
        terrorist attack, including the deadly effect of flying 
        glass.

                                  

```