II

105TH CONGRESS

2D SESSION S. 1610

To increase the availability, affordability, and quality of child care.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 4, 1998

Mr. DODD (for himself, Mr. DASCHLE, Mr. KENNEDY, Mr. INOUYE, Mr.

AKAKA, Mr. BIDEN, Mr. BINGAMAN, Mr. DORGAN, Mr. DURBIN, Mrs.

FEINSTEIN, Mr. GRAHAM, Mr. HARKIN, Mr. KERREY, Ms. LANDRIEU,

Mr. LAUTENBERG, Mr. LEVIN, Ms. MIKULSKI, Ms. MOSELEY-BRAUN,

Mrs. MURRAY, Mr. REED, Mr. REID, Mr. ROCKEFELLER, Mr.

WELLSTONE, Mr. BUMPERS, Mrs. BOXER, and Mr. KERRY) introduced

the following bill; which was read twice and referred to the Committee

on Finance

A BILL

To increase the availability, affordability, and quality of child

care.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Child Care ACCESS (Affordable Child Care for Early

6 Success and Security) Act’’.

7 (b) TABLE OF CONTENTS.—The table of contents for

8 this Act is as follows:
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Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I—IMPROVING THE AFFORDABILITY OF CHILD CARE

Sec. 101. Increased appropriations for child care grants.

TITLE II—ENHANCING THE QUALITY OF CHILD CARE AND

EARLY CHILDHOOD DEVELOPMENT

Sec. 201. Grants to improve the quality of child care and early childhood development.

TITLE III—EXPANDING THE AVAILABILITY AND QUALITY OF

SCHOOL-AGE CHILD CARE

Sec. 301. Appropriations for after-school care.

Sec. 302. Amendments to the 21st Century Community Learning Centers Act.

TITLE IV—SUPPORTING FAMILY CHOICES IN CHILD CARE

Sec. 401. Expanding the dependent care tax credit.

Sec. 402. Minimum credit allowed for stay-at-home parents.

Sec. 403. Credit made refundable.

Sec. 404. Expansion of the Family and Medical Leave Act.

TITLE V—ENCOURAGING PRIVATE SECTOR INVOLVEMENT

Sec. 501. Allowance of credit for employer expenses for child care assistance.

Sec. 502. Grants to support public-private partnerships.

TITLE VI—ENSURING THE QUALITY OF FEDERAL CHILD CARE

CENTERS

Sec. 601. Quality child care for Federal employees.

1 SEC. 2. FINDINGS.

2 Congress makes the following findings:

3 (1) Each day an estimated 13,000,000 children

4 spend some part of their day in child care.

5 (2) Fifty-four percent of mothers with children

6 between the ages of 0–3 are in the work force.

7 Labor force participation rises to 63 percent for

8 mothers with children under the age of 6, and to 78

9 percent for mothers with children ages 6–17.
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1 (3) The availability of child care that is reliable,

2 convenient, and affordable helps parents to reach

3 and maintain self-sufficiency and is essential to

4 making the transition from welfare to work.

5 (4) Only an estimated 1 out of 10 eligible fami6 lies receive assistance in paying for child care

7 through the Child Care Development Block Grant

8 Act of 1990.

9 (5) Full-day child care can cost $4,000 to

10 $9,000 a year.

11 (6) In many instances, high quality child care

12 services cost little more than mediocre services. An

13 investment of only an additional 10 percent has been

14 found to have a significant impact on quality.

15 (7) Only 1 in 7 child care centers provides care

16 that promotes healthy development. Child care at 1

17 in 8 centers actually threatens children’s health and

18 safety.

19 (8) The education, training, and salary of a

20 child care provider make the difference between poor

21 and good quality child care.

22 (A) The average salary of a child care pro23 vider in a center is only $12,058 a year, which

24 is approximately equal to the poverty level for

25 a family of 3.
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1 (B) Home-based providers earn $9,000 a

2 year on average.

3 (9) Poor compensation and limited opportuni4 ties for professional training and education contrib5 ute to high turnover among child care providers,

6 which disrupts the creation of strong provider-child

7 relationships that are critical to children’s healthy

8 development.

9 (10) Children placed in poor quality child care

10 settings have been found to have delayed language

11 and reading skills, as well as an increase in aggres12 sive behavior toward other children and adults.

13 (11) Nearly 5,000,000 children are home alone

14 after school each week.

15 (12) Although it is thought that juvenile crime

16 occurs mostly on evenings and weekends, juvenile

17 crime actually peaks between 3 and 6 p.m.

18 (13) Eighth-graders left home alone after

19 school report greater use of cigarettes, alcohol, and

20 marijuana than those in adult-supervised settings.

21 (14) The Family and Medical Leave Act of

22 1993 has provided employees with a significant new

23 tool in balancing the needs of their families with the

24 demands of work.
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1 (15) The number of single-parent households

2 and two-parent households in which the single par3 ent or both parents work is increasing significantly.

4 (16) The Family and Medical Leave Act of

5 1993 has had a minimal impact on business, and

6 over 90 percent of private employers covered by the

7 Act experienced little or no cost and a minimal or

8 positive impact on productivity as a result of the

9 Act.

10 (17) Only 57 percent of the private workforce

11 is currently protected by the Family and Medical

12 Leave Act of 1993.

13 (18) 13,000,000 more private employees, or an

14 additional 14 percent of the private workforce, would

15 be protected by the Family and Medical Leave Act

16 of 1993 if the Act was expanded to cover private

17 employers with 25 or more employees.

18 TITLE I—IMPROVING THE

19 AFFORDABILITY OF CHILD CARE

20 SEC. 101. INCREASED APPROPRIATIONS FOR CHILD CARE

21 GRANTS.

22 Section 418(a)(3) of the Social Security Act (42

23 U.S.C. 618(a)(3)) is amended by striking subparagraphs

24 (C) through (F) and inserting the following:

25 ‘‘(C) $3,167,000,000 for fiscal year 1999;
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1 ‘‘(D) $3,367,000,000 for fiscal year 2000;

2 ‘‘(E) $4,067,000,000 for fiscal year 2001;

3 ‘‘(F) $4,717,000,000 for fiscal year 2002;

4 and

5 ‘‘(G) $4,717,000,000 for fiscal year

6 2003.’’.

7 TITLE II—ENHANCING THE

8 QUALITY OF CHILD CARE AND

9 EARLY CHILDHOOD DEVEL10 OPMENT

11 SEC. 201. GRANTS TO IMPROVE THE QUALITY OF CHILD

12 CARE AND EARLY CHILDHOOD DEVELOP13 MENT.

14 Section 418 of the Social Security Act (42 U.S.C.

15 618) is amended by adding at the end the following:

16 ‘‘(e) GRANTS TO IMPROVE THE QUALITY OF CHILD

17 CARE AND EARLY CHILDHOOD DEVELOPMENT.—

18 ‘‘(1) SECRETARIAL AUTHORITY.—The Secretary

19 shall use the amounts appropriated under paragraph

20 (2) to make grants to States in accordance with this

21 subsection.

22 ‘‘(2) APPROPRIATION.—For grants under this

23 section, there are appropriated—

24 ‘‘(A) $250,000,000 for fiscal year 1999;

25 ‘‘(B) $400,000,000 for fiscal year 2000;
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1 ‘‘(C) $600,000,000 for fiscal year 2001;

2 ‘‘(D) $750,000,000 for fiscal year 2002;

3 and

4 ‘‘(E) $1,000,000,000 for fiscal year 2003.

5 ‘‘(3) ALLOTMENTS TO STATES.—The amounts

6 appropriated under paragraph (2) for payments to

7 States under this paragraph shall be allotted among

8 the States in the same manner as amounts (includ9 ing the redistribution of unused amounts) are allot10 ted or redistributed, as the case may be, under sub11 section (a)(2), except that the matching requirement

12 of subsection (a)(2)(C) shall not apply to a grant

13 made under this subsection.

14 ‘‘(4) USE OF FUNDS.—Funds received by a

15 State through a grant made under this subsection

16 may be used for any of the following:

17 ‘‘(A) Bringing provider-child ratios up to

18 standards recommended by nationally recog19 nized child care accrediting bodies.

20 ‘‘(B) Improving the enforcement of licens21 ing standards, including the use of unan22 nounced inspections of child care providers.

23 ‘‘(C) Conducting background checks on

24 child care providers.
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1 ‘‘(D) Providing increased payment rates

2 for child care services for infants and for chil3 dren with special health care needs.

4 ‘‘(E) Providing increased payment rates

5 for child care services offered by licensed or ac6 credited providers.

7 ‘‘(F) Improving the compensation of child

8 care providers.

9 ‘‘(G) Assisting child care providers in be10 coming licensed or accredited.

11 ‘‘(H) Expanding activities to educate par12 ents on the availability and quality of child

13 care, including the development and operation

14 of resource and referral systems.

15 ‘‘(I) Creating support networks for family

16 child care providers.

17 ‘‘(J) Establishing linkages between child

18 care services and health care services.

19 ‘‘(K) Offering training and education to

20 child care providers, including offering scholar21 ships and tax credits to assist with the expenses

22 of obtaining such training and education.

23 ‘‘(L) Providing family support and parent

24 education.
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1 ‘‘(M) Ensuring the availability and quality

2 of child care for children with special health

3 care needs.’’.

4 TITLE III—EXPANDING THE

5 AVAILABILITY AND QUALITY

6 OF SCHOOL-AGE CHILD CARE

7 SEC. 301. APPROPRIATIONS FOR AFTER-SCHOOL CARE.

8 (a) GRANTS.—Section 418 of the Social Security Act

9 (42 U.S.C. 618), as amended by section 201, is amended

10 by adding at the end the following:

11 ‘‘(f) GRANTS TO INCREASE THE AVAILABILITY AND

12 QUALITY OF SCHOOL-AGE CHILD CARE.—

13 ‘‘(1) SECRETARIAL AUTHORITY.—The Secretary

14 shall use the amounts appropriated under paragraph

15 (2) to make grants to States in accordance with this

16 subsection.

17 ‘‘(2) APPROPRIATION.—For grants under this

18 section, there are appropriated—

19 ‘‘(A) $250,000,000 for fiscal year 1999;

20 ‘‘(B) $400,000,000 for fiscal year 2000;

21 ‘‘(C) $600,000,000 for fiscal year 2001;

22 ‘‘(D) $750,000,000 for fiscal year 2002;

23 and

24 ‘‘(E) $1,000,000,000 for fiscal year 2003.
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1 ‘‘(3) ALLOTMENTS TO STATES.—The amounts

2 appropriated under paragraph (2) for payments to

3 States under this paragraph shall be allotted among

4 the States in the same manner as amounts (includ5 ing the redistribution of unused amounts) are allot6 ted or redistributed, as the case may be, under sub7 section (a)(2), except that the matching requirement

8 of subsection (a)(2)(C) shall not apply to a grant

9 made under this subsection.

10 ‘‘(4) USE OF FUNDS.—Funds received by a

11 State through a grant made under this subsection

12 shall be used for the provision of child care services

13 before and after regular school hours and during

14 months in which schools are not in session.’’.

15 (b) DEFINITION OF ELIGIBLE CHILD.—Section

16 658P(4)(A) of the Child Care and Development Block

17 Grant Act of 1990 (42 U.S.C. 9858n(4)(A)) is amended

18 by striking ‘‘13’’ and inserting ‘‘16’’.

19 SEC. 302. AMENDMENTS TO THE 21ST CENTURY COMMU20 NITY LEARNING CENTERS ACT.

21 (a) PROGRAM AUTHORIZATION.—Section 10903 of

22 the 21st Century Community Learning Centers Act (20

23 U.S.C. 8243) is amended—

24 (1) in subsection (a)—

25 (A) by striking ‘‘rural and inner-city’’; and
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1 (B) by striking ‘‘a rural or inner-city com2 munity’’ and inserting ‘‘communities’’;

3 (2) in subsection (b), by striking ‘‘, among

4 urban and rural areas of the United States, and

5 among urban and rural areas of a State’’;

6 (3) by redesignating subsections (c) and (d) as

7 subsections (d) and (e), respectively; and

8 (4) by inserting after subsection (b) the follow9 ing:

10 ‘‘(c) PRIORITY OF DISTRIBUTION.—In awarding

11 grants under this part, the Secretary shall give priority

12 to rural, urban, and low-income communities.’’.

13 (b) APPLICATION REQUIREMENTS.—Section 10904

14 of the 21st Century Community Learning Centers Act (20

15 U.S.C. 8244) is amended—

16 (1) in subsection (a)(3)(B), by inserting ‘‘, in17 cluding the programs under the Child Care and De18 velopment Block Grant Act of 1990, ’’ after ‘‘coordi19 nated’’; and

20 (2) in subsection (b), by striking ‘‘a broad se21 lection’’ and all that follows and inserting ‘‘child

22 care services before or after regular school hours

23 that include mentoring programs, academic assist24 ance, recreational activities, or technology training,

25 and that may include drug, alcohol, and gang pre-
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1 vention, job skills preparation, or health and nutri2 tion counseling.’’.

3 (c) USES OF FUNDS.—Section 10905 of the 21st

4 Century Community Learning Centers Act (20 U.S.C.

5 8245) is amended—

6 (1) in the matter preceding paragraph (1), by

7 striking ‘‘not less than four’’ and inserting ‘‘any’’;

8 and

9 (2) by striking paragraph (3) and inserting the

10 following:

11 ‘‘(3) Child care services.’’.

12 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

13 10907 of the 21st Century Community Learning Centers

14 Act (20 U.S.C. 8247) is amended by striking

15 ‘‘$20,000,000 for fiscal year 1995’’ and inserting

16 ‘‘$200,000,000 for fiscal year 1999’’.

17 TITLE IV—SUPPORTING FAMILY

18 CHOICES IN CHILD CARE

19 SEC. 401. EXPANDING THE DEPENDENT CARE TAX CREDIT.

20 (a) PERCENTAGE OF EMPLOYMENT-RELATED EX21 PENSES DETERMINED BY TAXPAYER STATUS.—Section

22 21(a)(2) of the Internal Revenue Code of 1986 (defining

23 applicable percentage) is amended to read as follows:
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1 ‘‘(2) APPLICABLE PERCENTAGE DEFINED.—For

2 purposes of paragraph (1), the term ‘applicable per3 centage’ means—

4 ‘‘(A) except as provided in subparagraph

5 (B), 50 percent reduced (but not below 20 per6 cent) by 1 percentage point for each $1,000, or

7 fraction thereof, by which the taxpayers’s ad8 justed gross income for the taxable year exceeds

9 $30,000, and

10 ‘‘(B) in the case of employment-related ex11 penses described in subsection (e)(11), 50 per12 cent reduced (but not below zero) by 1 percent13 age point for each $800, or fraction thereof, by

14 which the taxpayers’s adjusted gross income for

15 the taxable year exceeds $30,000.’’.

16 (b) INFLATION ADJUSTMENT FOR ALLOWABLE EX17 PENSES.—Section 21(c) of the Internal Revenue Code of

18 1986 (relating to dollar limit on amount creditable) is

19 amended by striking ‘‘The amount determined’’ and in20 serting ‘‘In the case of any taxable year beginning after

21 1998, each dollar amount referred to in paragraphs (1)

22 and (2) shall be increased by an amount equal to such

23 dollar amount multiplied by the cost-of-living adjustment

24 determined under section 1(f)(3) for the calendar year in

25 which the taxable year begins, by substituting ‘calendar
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1 year 1997’ for ‘calendar year 1992’ in subparagraph (B)

2 thereof. If any dollar amount after being increased under

3 the preceding sentence is not a multiple of $10, such dollar

4 amount shall be rounded to the nearest multiple of $10.

5 The amount determined’’.

6 (c) EFFECTIVE DATE.—The amendments made by

7 this section apply to taxable years beginning after Decem8 ber 31, 1998.

9 SEC. 402. MINIMUM CREDIT ALLOWED FOR STAY-AT-HOME

10 PARENTS.

11 (a) IN GENERAL.—Section 21(e) of the Internal Rev12 enue Code of 1986 (relating to special rules) is amended

13 by adding at the end the following:

14 ‘‘(11) MINIMUM CREDIT ALLOWED FOR STAY15 AT-HOME PARENTS.—Notwithstanding subsection

16 (d), in the case of any taxpayer with one or more

17 qualifying individuals described in subsection

18 (b)(1)(A) under the age of 1 at any time during the

19 taxable year, such taxpayer shall be deemed to have

20 employment-related expenses with respect to such

21 qualifying individuals in an amount equal to the sum

22 of—

23 ‘‘(A) $90 for each month in such taxable

24 year during which at least one of such qualify25 ing individuals is under the age of 1, and
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1 ‘‘(B) the amount of employment-related ex2 penses otherwise incurred for such qualifying

3 individuals for the taxable year (determined

4 under this section without regard to this para5 graph).’’.

6 (b) EFFECTIVE DATE.—The amendments made by

7 this section apply to taxable years beginning after Decem8 ber 31, 1998.

9 SEC. 403. CREDIT MADE REFUNDABLE.

10 (a) IN GENERAL.—Part IV of subchapter A of chap11 ter 1 of the Internal Revenue Code of 1986 (relating to

12 credits against tax) is amended—

13 (1) by redesignating section 35 as section 36,

14 and

15 (2) by redesignating section 21 as section 35.

16 (b) ADVANCE PAYMENT OF CREDIT.—Chapter 25 of

17 such Code (relating to general provisions relating to em18 ployment taxes) is amended by inserting after section

19 3507 the following:

20 ‘‘SEC. 3507A. ADVANCE PAYMENT OF DEPENDENT CARE

21 CREDIT.

22 ‘‘(a) GENERAL RULE.—Except as otherwise provided

23 in this section, every employer making payment of wages

24 with respect to whom a dependent care eligibility certifi25 cate is in effect shall, at the time of paying such wages,
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1 make an additional payment equal to such employee’s de2 pendent care advance amount.

3 ‘‘(b) DEPENDENT CARE ELIGIBILITY CERTIFI4 CATE.—For purposes of this title, a dependent care eligi5 bility certificate is a statement furnished by an employee

6 to the employer which—

7 ‘‘(1) certifies that the employee will be eligible

8 to receive the credit provided by section 35 for the

9 taxable year,

10 ‘‘(2) certifies that the employee reasonably ex11 pects to be an applicable taxpayer for the taxable

12 year,

13 ‘‘(3) certifies that the employee does not have

14 a dependent care eligibility certificate in effect for

15 the calendar year with respect to the payment of

16 wages by another employer,

17 ‘‘(4) states whether or not the employee’s

18 spouse has a dependent care eligibility certificate in

19 effect,

20 ‘‘(5) states the number of qualifying individuals

21 in the household maintained by the employee, and

22 ‘‘(6) estimates the amount of employment-relat23 ed expenses for the calendar year.

24 ‘‘(c) DEPENDENT CARE ADVANCE AMOUNT.—
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1 ‘‘(1) IN GENERAL.—For purposes of this title,

2 the term ‘dependent care advance amount’ means,

3 with respect to any payroll period, the amount deter4 mined—

5 ‘‘(A) on the basis of the employee’s wages

6 from the employer for such period,

7 ‘‘(B) on the basis of the employee’s esti8 mated employment-related expenses included in

9 the dependent care eligibility certificate, and

10 ‘‘(C) in accordance with tables provided by

11 the Secretary.

12 ‘‘(2) ADVANCE AMOUNT TABLES.—The tables

13 referred to in paragraph (1)(C) shall be similar in

14 form to the tables prescribed under section 3402

15 and, to the maximum extent feasible, shall be coordi16 nated with such tables and the tables prescribed

17 under section 3507(c).

18 ‘‘(d) OTHER RULES.—For purposes of this section,

19 rules similar to the rules of subsections (d) and (e) of sec20 tion 3507 shall apply.

21 ‘‘(e) DEFINITIONS.—For purposes of this section,

22 terms used in this section which are defined in section 35

23 shall have the respective meanings given such terms by

24 section 35.’’.

25 (c) CONFORMING AMENDMENTS.—
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1 (1) Section 35(a)(1) of such Code, as redesig2 nated by paragraph (1), is amended by striking

3 ‘‘chapter’’ and inserting ‘‘subtitle’’.

4 (2) Section 35(e) of such Code, as so redesig5 nated and amended by subsection (c), is amended by

6 adding at the end the following:

7 ‘‘(12) COORDINATION WITH ADVANCE PAY8 MENTS AND MINIMUM TAX.—Rules similar to the

9 rules of subsections (g) and (h) of section 32 shall

10 apply for purposes of this section.’’.

11 (3) Sections 23(f)(1) and 129(a)(2)(C) of such

12 Code are each amended by striking ‘‘section 21(e)’’

13 and inserting ‘‘section 35(e)’’.

14 (4) Section 129(b)(2) of such Code is amended

15 by striking ‘‘section 21(d)(2)’’ and inserting ‘‘section

16 35(d)(2)’’.

17 (5) Section 129(e)(1) of such Code is amended

18 by striking ‘‘section 21(b)(2)’’ and inserting ‘‘section

19 35(b)(2)’’.

20 (6) Section 213(e) of such Code is amended by

21 striking ‘‘section 21’’ and inserting ‘‘section 35’’.

22 (7) Section 995(f)(2)(C) of such Code is

23 amended by striking ‘‘and 34’’ and inserting ‘‘34,

24 and 35’’.
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1 (8) Section 6211(b)(4)(A) of such Code is

2 amended by striking ‘‘and 34’’ and inserting ‘‘, 34,

3 and 35’’.

4 (9) Section 6213(g)(2)(H) of such Code is

5 amended by striking ‘‘section 21’’ and inserting

6 ‘‘section 35’’.

7 (10) The table of sections for subpart C of part

8 IV of subchapter A of chapter 1 of such Code is

9 amended by striking the item relating to section 35

10 and inserting the following:

‘‘Sec. 35. Dependent care services.

‘‘Sec. 36. Overpayments of tax.’’.

11 (11) The table of sections for subpart A of such

12 part IV is amended by striking the item relating to

13 section 21.

14 (12) The table of sections for chapter 25 of

15 such Code is amended by adding after the item re16 lating to section 3507 the following:

‘‘Sec. 3507A. Advance payment of dependent care credit.’’.

17 (13) Section 1324(b)(2) of title 31, United

18 States Code, is amended by inserting before the pe19 riod ‘‘, or enacted by the Child Care ACCESS (Af20 fordable Child Care for Early Success and Security)

21 Act’’.
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1 (d) EFFECTIVE DATE.—The amendments made by

2 this section apply to taxable years beginning after Decem3 ber 31, 1998.

4 SEC. 404. EXPANSION OF THE FAMILY AND MEDICAL LEAVE

5 ACT.

6 Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 of

7 the Family and Medical Leave Act of 1993 (29 U.S.C.

8 2611 (2)(B)(ii) and (4)(A)(i)) are amended by striking

9 ‘‘50’’ each place it appears and inserting ‘‘25’’.

10 TITLE V—ENCOURAGING

11 PRIVATE SECTOR INVOLVEMENT

12 SEC. 501. ALLOWANCE OF CREDIT FOR EMPLOYER EX13 PENSES FOR CHILD CARE ASSISTANCE.

14 (a) IN GENERAL.—Subpart D of part IV of sub15 chapter A of chapter 1 of the Internal Revenue Code of

16 1986 (relating to business related credits) is amended by

17 adding at the end the following:

18 ‘‘SEC. 45D. EMPLOYER-PROVIDED CHILD CARE CREDIT.

19 ‘‘(a) ALLOWANCE OF CREDIT.—For purposes of sec20 tion 38, the employer-provided child care credit deter21 mined under this section for the taxable year is an amount

22 equal to 25 percent of the qualified child care expenditures

23 of the taxpayer for such taxable year.
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1 ‘‘(b) DOLLAR LIMITATION.—The credit allowable

2 under subsection (a) for any taxable year shall not exceed

3 $150,000.

4 ‘‘(c) DEFINITIONS.—For purposes of this section—

5 ‘‘(1) QUALIFIED CHILD CARE EXPENDITURE.—

6 ‘‘(A) IN GENERAL.—The term ‘qualified

7 child care expenditure’ means any amount paid

8 or incurred—

9 ‘‘(i) to acquire, construct, rehabilitate,

10 or expand property—

11 ‘‘(I) which is to be used as part

12 of a qualified child care facility of the

13 taxpayer,

14 ‘‘(II) with respect to which a de15 duction for depreciation (or amortiza16 tion in lieu of depreciation) is allow17 able, and

18 ‘‘(III) which does not constitute

19 part of the principal residence (within

20 the meaning of section 1034) of the

21 taxpayer or any employee of the tax22 payer,

23 ‘‘(ii) for the operating costs of a quali24 fied child care facility of the taxpayer, in25 cluding costs related to the training of em-
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1 ployees of the child care facility, to scholar2 ship programs, to the providing of differen3 tial compensation to employees based on

4 level of child care training, and to expenses

5 associated with achieving accreditation,

6 ‘‘(iii) under a contract with a qualified

7 child care facility to provide child care

8 services to employees of the taxpayer, or

9 ‘‘(iv) under a contract to provide child

10 care resource and referral services to em11 ployees of the taxpayer.

12 ‘‘(B) EXCLUSION FOR AMOUNTS FUNDED

13 BY GRANTS, ETC.—The term ‘qualified child

14 care expenditure’ shall not include any amount

15 to the extent such amount is funded by any

16 grant, contract, or otherwise by another person

17 (or any governmental entity).

18 ‘‘(C) LIMITATION ON ALLOWABLE OPERAT19 ING COSTS.—The term ‘qualified child care ex20 penditure’ shall not include any amount de21 scribed in subparagraph (A)(ii) if such amount

22 is paid or incurred after the third taxable year

23 in which a credit under this section is taken by

24 the taxpayer, unless the qualified child care fa25 cility of the taxpayer has received accreditation
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1 from a nationally recognized accrediting body

2 before the end of such third taxable year.

3 ‘‘(2) QUALIFIED CHILD CARE FACILITY.—

4 ‘‘(A) IN GENERAL.—The term ‘qualified

5 child care facility’ means a facility—

6 ‘‘(i) the principal use of which is to

7 provide child care assistance, and

8 ‘‘(ii) which meets the requirements of

9 all applicable laws and regulations of the

10 State or local government in which it is lo11 cated, including, but not limited to, the li12 censing of the facility as a child care facil13 ity.

14 Clause (i) shall not apply to a facility which is

15 the principal residence (within the meaning of

16 section 1034) of the operator of the facility.

17 ‘‘(B) SPECIAL RULES WITH RESPECT TO A

18 TAXPAYER.—A facility shall not be treated as a

19 qualified child care facility with respect to a

20 taxpayer unless—

21 ‘‘(i) enrollment in the facility is open

22 to employees of the taxpayer during the

23 taxable year,

24 ‘‘(ii) the facility is not the principal

25 trade or business of the taxpayer unless at
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1 least 30 percent of the enrollees of such fa2 cility are dependents of employees of the

3 taxpayer, and

4 ‘‘(iii) the costs to employees of child

5 care services at such facility are deter6 mined on a sliding fee scale.

7 ‘‘(d) RECAPTURE OF ACQUISITION AND CONSTRUC8 TION CREDIT.—

9 ‘‘(1) IN GENERAL.—If, as of the close of any

10 taxable year, there is a recapture event with respect

11 to any qualified child care facility of the taxpayer,

12 then the tax of the taxpayer under this chapter for

13 such taxable year shall be increased by an amount

14 equal to the product of—

15 ‘‘(A) the applicable recapture percentage,

16 and

17 ‘‘(B) the aggregate decrease in the credits

18 allowed under section 38 for all prior taxable

19 years which would have resulted if the qualified

20 child care expenditures of the taxpayer de21 scribed in subsection (c)(1)(A) with respect to

22 such facility had been zero.

23 ‘‘(2) APPLICABLE RECAPTURE PERCENTAGE.—
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1 ‘‘(A) IN GENERAL.—For purposes of this

2 subsection, the applicable recapture percentage

3 shall be determined from the following table:

The applicable

recapture

‘‘If the recapture event occurs in: percentage is:

Years 1–3 .................................................................. 100

Year 4 ........................................................................ 85

Year 5 ........................................................................ 70

Year 6 ........................................................................ 55

Year 7 ........................................................................ 40

Year 8 ........................................................................ 25

Years 9 and 10 .......................................................... 10

Years 11 and thereafter ............................................ 0.

4 ‘‘(B) YEARS.—For purposes of subpara5 graph (A), year 1 shall begin on the first day

6 of the taxable year in which the qualified child

7 care facility is placed in service by the taxpayer.

8 ‘‘(3) RECAPTURE EVENT DEFINED.—For pur9 poses of this subsection, the term ‘recapture event’

10 means—

11 ‘‘(A) CESSATION OF OPERATION.—The

12 cessation of the operation of the facility as a

13 qualified child care facility.

14 ‘‘(B) CHANGE IN OWNERSHIP.—

15 ‘‘(i) IN GENERAL.—Except as pro16 vided in clause (ii), the disposition of a

17 taxpayer’s interest in a qualified child care

18 facility with respect to which the credit de19 scribed in subsection (a) was allowable.
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1 ‘‘(ii) AGREEMENT TO ASSUME RECAP2 TURE LIABILITY.—Clause (i) shall not

3 apply if the person acquiring such interest

4 in the facility agrees in writing to assume

5 the recapture liability of the person dispos6 ing of such interest in effect immediately

7 before such disposition. In the event of

8 such an assumption, the person acquiring

9 the interest in the facility shall be treated

10 as the taxpayer for purposes of assessing

11 any recapture liability (computed as if

12 there had been no change in ownership).

13 ‘‘(4) SPECIAL RULES.—

14 ‘‘(A) TAX BENEFIT RULE.—The tax for

15 the taxable year shall be increased under para16 graph (1) only with respect to credits allowed

17 by reason of this section which were used to re18 duce tax liability. In the case of credits not so

19 used to reduce tax liability, the carryforwards

20 and carrybacks under section 39 shall be appro21 priately adjusted.

22 ‘‘(B) NO CREDITS AGAINST TAX.—Any in23 crease in tax under this subsection shall not be

24 treated as a tax imposed by this chapter for
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•S 1610 IS

1 purposes of determining the amount of any

2 credit under subpart A, B, or D of this part.

3 ‘‘(C) NO RECAPTURE BY REASON OF CAS4 UALTY LOSS.—The increase in tax under this

5 subsection shall not apply to a cessation of op6 eration of the facility as a qualified child care

7 facility by reason of a casualty loss to the ex8 tent such loss is restored by reconstruction or

9 replacement within a reasonable period estab10 lished by the Secretary.

11 ‘‘(e) SPECIAL RULES.—For purposes of this sec12 tion—

13 ‘‘(1) AGGREGATION RULES.—All persons which

14 are treated as a single employer under subsections

15 (a) and (b) of section 52 shall be treated as a single

16 taxpayer.

17 ‘‘(2) PASS-THRU IN THE CASE OF ESTATES AND

18 TRUSTS.—Under regulations prescribed by the Sec19 retary, rules similar to the rules of subsection (d) of

20 section 52 shall apply.

21 ‘‘(3) ALLOCATION IN THE CASE OF PARTNER22 SHIPS.—In the case of partnerships, the credit shall

23 be allocated among partners under regulations pre24 scribed by the Secretary.

25 ‘‘(f) NO DOUBLE BENEFIT.—
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1 ‘‘(1) REDUCTION IN BASIS.—For purposes of

2 this subtitle—

3 ‘‘(A) IN GENERAL.—If a credit is deter4 mined under this section with respect to any

5 property by reason of expenditures described in

6 subsection (c)(1)(A), the basis of such property

7 shall be reduced by the amount of the credit so

8 determined.

9 ‘‘(B) CERTAIN DISPOSITIONS.—If during

10 any taxable year there is a recapture amount

11 determined with respect to any property the

12 basis of which was reduced under subparagraph

13 (A), the basis of such property (immediately be14 fore the event resulting in such recapture) shall

15 be increased by an amount equal to such recap16 ture amount. For purposes of the preceding

17 sentence, the term ‘recapture amount’ means

18 any increase in tax (or adjustment in

19 carrybacks or carryovers) determined under

20 subsection (d).

21 ‘‘(2) OTHER DEDUCTIONS AND CREDITS.—No

22 deduction or credit shall be allowed under any other

23 provision of this chapter with respect to the amount

24 of the credit determined under this section.’’.

25 (b) CONFORMING AMENDMENTS.—
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1 (1) Section 38(b) of the Internal Revenue Code

2 of 1986 is amended—

3 (A) by striking out ‘‘plus’’ at the end of

4 paragraph (11),

5 (B) by striking out the period at the end

6 of paragraph (12), and inserting a comma and

7 ‘‘plus’’, and

8 (C) by adding at the end the following new

9 paragraph:

10 ‘‘(13) the employer-provided child care credit

11 determined under section 45D.’’.

12 (2) The table of sections for subpart D of part

13 IV of subchapter A of chapter 1 of such Code is

14 amended by adding at the end the following new

15 item:

‘‘Sec. 45D. Employer-provided child care credit.’’.

16 (c) EFFECTIVE DATE.—The amendments made by

17 this section shall apply to taxable years beginning after

18 December 31, 1998.

19 SEC. 502. GRANTS TO SUPPORT PUBLIC-PRIVATE PARTNER20 SHIPS.

21 (a) ESTABLISHMENT.—The Secretary of Health and

22 Human Services (in this section referred to as the ‘‘Sec23 retary’’) shall establish a program to award grants to local

24 communities for the purpose of expanding the availability
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•S 1610 IS

1 of, and improving the quality of, child care on a commu2 nity-wide basis.

3 (b) APPLICATION.—To be eligible to receive a grant

4 under this section, a local community shall prepare and

5 submit to the Secretary an application at such time and

6 in such manner as the Secretary may require, and that

7 includes—

8 (1) an assurance that the matching funds re9 quired under subsection (c) will be provided;

10 (2) evidence of collaboration with parents,

11 schools, employers, State and local government agen12 cies, and child care agencies, including resource and

13 referral agencies, in the preparation of the applica14 tion;

15 (3) an assessment of child care resources and

16 needs within the community; and

17 (4) any additional information that the Sec18 retary may require.

19 (c) MATCHING REQUIREMENT.—To be eligible to re20 ceive a grant under this section a local community shall

21 provide assurances to the Secretary that the community

22 will provide matching funds in the amount of $1 for every

23 $2 provided under the grant. Such funds shall be gen24 erated from private sources, including employers and phil25 anthropic organizations.
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•S 1610 IS

1 (d) USE OF FUNDS.—A local community shall use

2 the funds provided under a grant awarded under this sec3 tion only for the purposes described in subsection (a).

4 (e) ADMINISTRATION.—A local community awarded

5 a grant under this section may authorize a public or non6 profit entity within the community to act as the fiscal

7 agent for the administration of the program funded under

8 the grant.

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $250,000,000 for each of fiscal years 1999 through 2003.

12 TITLE VI—ENSURING THE QUAL13 ITY OF FEDERAL CHILD CARE

14 CENTERS

15 SEC. 601. QUALITY CHILD CARE FOR FEDERAL EMPLOYEES.

16 (a) DEFINITIONS.—In this section:

17 (1) ACCREDITED CHILD CARE CENTER.—The

18 term ‘‘accredited child care center’’ means—

19 (A) a center that is accredited, by a child

20 care credentialing or accreditation entity recog21 nized by a State, to provide child care to chil22 dren in the State (except children who a tribal

23 organization elects to serve through a center de24 scribed in subparagraph (B));
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•S 1610 IS

1 (B) a center that is accredited, by a child

2 care credentialing or accreditation entity recog3 nized by a tribal organization, to provide child

4 care for children served by the tribal organiza5 tion;

6 (C) a center that is used as a Head Start

7 center under the Head Start Act (42 U.S.C.

8 9831 et seq.) and is in compliance with any ap9 plicable performance standards established by

10 regulation under such Act for Head Start pro11 grams; or

12 (D) a military child development center (as

13 defined in section 1798(1) of title 10, United

14 States Code).

15 (2) CHILD CARE CREDENTIALING OR ACCREDI16 TATION ENTITY.—The term ‘‘child care credentialing

17 or accreditation entity’’ means a nonprofit private

18 organization or public agency that—

19 (A) is recognized by a State agency or trib20 al organization; and

21 (B) accredits a center or credentials an in22 dividual to provide child care on the basis of—

23 (i) an accreditation or credentialing

24 instrument based on peer-validated re25 search;
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•S 1610 IS

1 (ii) compliance with applicable State

2 and local licensing requirements, or stand3 ards described in section 658E(c)(2)(E)(ii)

4 of the Child Care and Development Block

5 Grant Act (42 U.S.C. 9858c(c)(2)(E)(ii)),

6 as appropriate, for the center or individual;

7 (iii) outside monitoring of the center

8 or individual; and

9 (iv) criteria that provide assurances

10 of—

11 (I) compliance with age-appro12 priate health and safety standards at

13 the center or by the individual;

14 (II) use of age-appropriate devel15 opmental and educational activities, as

16 an integral part of the child care pro17 gram carried out at the center or by

18 the individual; and

19 (III) use of ongoing staff devel20 opment or training activities for the

21 staff of the center or the individual,

22 including related skills-based testing.

23 (3) CREDENTIALED CHILD CARE PROFES24 SIONAL.—The term ‘‘credentialed child care profes25 sional’’ means—
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•S 1610 IS

1 (A) an individual who is credentialed, by a

2 child care credentialing or accreditation entity

3 recognized by a State, to provide child care to

4 children in the State (except children who a

5 tribal organization elects to serve through an

6 individual described in subparagraph (B)); or

7 (B) an individual who is credentialed, by a

8 child care credentialing or accreditation entity

9 recognized by a tribal organization, to provide

10 child care for children served by the tribal orga11 nization.

12 (4) STATE.—The term ‘‘State’’ has the mean13 ing given the term in section 658P of the Child Care

14 and Development Block Grant Act (42 U.S.C.

15 9858n).

16 (b) PROVIDING QUALITY CHILD CARE IN FEDERAL

17 FACILITIES.—

18 (1) DEFINITIONS.—In this subsection:

19 (A) ADMINISTRATOR.—The term ‘‘Admin20 istrator’’ means the Administrator of General

21 Services.

22 (B) ENTITY SPONSORING A CHILD CARE

23 CENTER.—The term ‘‘entity sponsoring a child

24 care center’’ means a Federal agency that oper25 ates, or an entity that enters into a contract or
35

•S 1610 IS

1 licensing agreement with a Federal agency to

2 operate, a child care center.

3 (C) EXECUTIVE AGENCY.—The term ‘‘Ex4 ecutive agency’’ has the meaning given the term

5 in section 105 of title 5, United States Code,

6 except that the term—

7 (i) does not include the Department of

8 Defense; and

9 (ii) includes the General Services Ad10 ministration, with respect to the adminis11 tration of a facility described in subpara12 graph (D)(ii).

13 (D) EXECUTIVE FACILITY.—The term ‘‘ex14 ecutive facility’’—

15 (i) means a facility that is owned or

16 leased by an Executive agency; and

17 (ii) includes a facility that is owned or

18 leased by the General Services Administra19 tion on behalf of a judicial office.

20 (E) FEDERAL AGENCY.—The term ‘‘Fed21 eral agency’’ means an Executive agency, a ju22 dicial office, or a legislative office.

23 (F) JUDICIAL FACILITY.—The term ‘‘judi24 cial facility’’ means a facility that is owned or

25 leased by a judicial office (other than a facility
36

•S 1610 IS

1 that is also a facility described in subparagraph

2 (D)(ii)).

3 (G) JUDICIAL OFFICE.—The term ‘‘judicial

4 office’’ means an entity of the judicial branch of

5 the Federal Government.

6 (H) LEGISLATIVE FACILITY.—The term

7 ‘‘legislative facility’’ means a facility that is

8 owned or leased by a legislative office.

9 (I) LEGISLATIVE OFFICE.—The term ‘‘leg10 islative office’’ means an entity of the legislative

11 branch of the Federal Government.

12 (2) EXECUTIVE BRANCH STANDARDS AND COM13 PLIANCE.—

14 (A) STATE AND LOCAL LICENSING RE15 QUIREMENTS.—

16 (i) IN GENERAL.—Any entity sponsor17 ing a child care center in an executive fa18 cility shall—

19 (I) obtain the appropriate State

20 and local licenses for the center; and

21 (II) in a location where the State

22 or locality does not license executive

23 facilities, comply with the appropriate

24 State and local licensing requirements

25 related to the provision of child care.
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•S 1610 IS

1 (ii) COMPLIANCE.—Not later than 6

2 months after the date of enactment of this

3 Act—

4 (I) the entity shall comply, or

5 make substantial progress (as deter6 mined by the Administrator) toward

7 complying, with clause (i); and

8 (II) any contract or licensing

9 agreement used by an Executive agen10 cy for the operation of such a child

11 care center shall include a condition

12 that the child care be provided by an

13 entity that complies with the appro14 priate State and local licensing re15 quirements related to the provision of

16 child care.

17 (B) HEALTH, SAFETY, AND FACILITY

18 STANDARDS.—The Administrator shall by regu19 lation establish standards relating to health,

20 safety, facilities, facility design, and other as21 pects of child care that the Administrator deter22 mines to be appropriate for child care centers

23 in executive facilities, and require child care

24 centers, and entities sponsoring child care cen-
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•S 1610 IS

1 ters, in executive facilities to comply with the

2 standards.

3 (C) ACCREDITATION STANDARDS.—

4 (i) IN GENERAL.—The Administrator

5 shall issue regulations requiring, to the

6 maximum extent possible, any entity spon7 soring an eligible child care center (as de8 fined by the Administrator) in an executive

9 facility to comply with child care center ac10 creditation standards issued by a nation11 ally recognized accreditation organization

12 approved by the Administrator.

13 (ii) COMPLIANCE.—The regulations

14 shall require that, not later than 5 years

15 after the date of enactment of this Act—

16 (I) the entity shall comply, or

17 make substantial progress (as deter18 mined by the Administrator) toward

19 complying, with the standards; and

20 (II) any contract or licensing

21 agreement used by an Executive agen22 cy for the operation of such a child

23 care center shall include a condition

24 that the child care be provided by an
39

•S 1610 IS

1 entity that complies with the stand2 ards.

3 (iii) CONTENTS.—The standards shall

4 base accreditation on—

5 (I) an accreditation instrument

6 described in subsection (a)(2)(B);

7 (II) outside monitoring described

8 in subsection (a)(2)(B), by—

9 (aa) the Administrator; or

10 (bb) a child care

11 credentialing or accreditation en12 tity, or other entity, with which

13 the Administrator enters into a

14 contract to provide such monitor15 ing; and

16 (III) the criteria described in

17 subsection (a)(2)(B).

18 (D) EVALUATION AND COMPLIANCE.—

19 (i) IN GENERAL.—The Administrator

20 shall evaluate the compliance, with the re21 quirements of subparagraph (A) and the

22 regulations issued pursuant to subpara23 graphs (B) and (C), of child care centers,

24 and entities sponsoring child care centers,

25 in executive facilities. The Administrator
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•S 1610 IS

1 may conduct the evaluation of such a child

2 care center or entity directly, or through

3 an agreement with another Federal agency

4 or private entity, other than the Federal

5 agency for which the child care center is

6 providing services. If the Administrator de7 termines, on the basis of such an evalua8 tion, that the child care center or entity is

9 not in compliance with the requirements,

10 the Administrator shall notify the Execu11 tive agency.

12 (ii) EFFECT OF NONCOMPLIANCE.—

13 On receipt of the notification of noncompli14 ance issued by the Administrator, the head

15 of the Executive agency shall—

16 (I) if the entity operating the

17 child care center is the agency—

18 (aa) within 2 business days

19 after the date of receipt of the

20 notification, correct any defi21 ciencies that are determined by

22 the Administrator to be life

23 threatening or to present a risk

24 of serious bodily harm;
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•S 1610 IS

1 (bb) develop and provide to

2 the Administrator a plan to cor3 rect any other deficiencies in the

4 operation of the center and bring

5 the center and entity into compli6 ance with the requirements not

7 later than 4 months after the

8 date of receipt of the notification;

9 (cc) provide the parents of

10 the children receiving child care

11 services at the center with a noti12 fication detailing the deficiencies

13 described in items (aa) and (bb)

14 and actions that will be taken to

15 correct the deficiencies;

16 (dd) bring the center and

17 entity into compliance with the

18 requirements and certify to the

19 Administrator that the center

20 and entity are in compliance,

21 based on an onsite evaluation of

22 the center conducted by an inde23 pendent entity with expertise in

24 child care health and safety; and
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•S 1610 IS

1 (ee) in the event that defi2 ciencies determined by the Ad3 ministrator to be life threatening

4 or to present a risk of serious

5 bodily harm cannot be corrected

6 within 2 business days after the

7 date of receipt of the notification,

8 close the center or portion of the

9 center where the deficiency was

10 identified until such deficiencies

11 are corrected and notify the Ad12 ministrator of such closure; and

13 (II) if the entity operating the

14 child care center is a contractor or li15 censee of the Executive agency—

16 (aa) require the contractor

17 or licensee within 2 business days

18 after the date of receipt of the

19 notification, to correct any defi20 ciencies that are determined by

21 the Administrator to be life

22 threatening or to present a risk

23 of serious bodily harm:

24 (bb) require the contractor

25 or licensee to develop and provide
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•S 1610 IS

1 to the head of the agency a plan

2 to correct any other deficiencies

3 in the operation of the center and

4 bring the center and entity into

5 compliance with the requirements

6 not later than 4 months after the

7 date of receipt of the notification;

8 (cc) require the contractor

9 or licensee to provide the parents

10 of the children receiving child

11 care services at the center with a

12 notification detailing the defi13 ciencies described in items (aa)

14 and (bb) and actions that will be

15 taken to correct the deficiencies;

16 (dd) require the contractor

17 or licensee to bring the center

18 and entity into compliance with

19 the requirements and certify to

20 the head of the agency that the

21 center and entity are in compli22 ance, based on an onsite evalua23 tion of the center conducted by

24 an independent entity with exper-
44

•S 1610 IS

1 tise in child care health and safe2 ty; and

3 (ee) in the event that defi4 ciencies determined by the Ad5 ministrator to be life threatening

6 or to present a risk of serious

7 bodily harm cannot be corrected

8 within 2 business days after the

9 date of receipt of the notification,

10 close the center or portion of the

11 center where the deficiency was

12 identified until such deficiencies

13 are corrected and notify the Ad14 ministrator of such closure,

15 which closure shall be grounds

16 for the immediate termination or

17 suspension of the contract or li18 cense of the contractor or li19 censee.

20 (iii) COST REIMBURSEMENT.—The

21 Executive agency shall reimburse the Ad22 ministrator for the costs of carrying out

23 clause (i) for child care centers located in

24 an executive facility other than an execu25 tive facility of the General Services Admin-
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•S 1610 IS

1 istration. If an entity is sponsoring a child

2 care center for 2 or more Executive agen3 cies, the Administrator shall allocate the

4 costs of providing such reimbursement

5 with respect to the entity among the agen6 cies in a fair and equitable manner, based

7 on the extent to which each agency is eligi8 ble to place children in the center.

9 (3) LEGISLATIVE BRANCH STANDARDS AND

10 COMPLIANCE.—

11 (A) STATE AND LOCAL LICENSING RE12 QUIREMENTS, HEALTH, SAFETY, AND FACILITY

13 STANDARDS, AND ACCREDITATION STAND14 ARDS.—The Architect of the Capitol shall issue

15 regulations approved by the Committee on

16 Rules and Administration of the Senate and the

17 Committee on House Oversight of the House of

18 Representatives for child care centers, and enti19 ties sponsoring child care centers, in legislative

20 facilities, which shall be no less stringent in

21 content and effect than the requirements of

22 paragraph (2)(A) and the regulations issued by

23 the Administrator under subparagraphs (B)

24 and (C) of paragraph (2), except to the extent

25 that the Architect with the consent and ap-
46

•S 1610 IS

1 proval of the Committee on Rules and Adminis2 tration of the Senate and the Committee on

3 House Oversight of the House of Representa4 tives, may determine, for good cause shown and

5 stated together with the regulations, that a

6 modification of such regulations would be more

7 effective for the implementation of the require8 ments and standards described in subpara9 graphs (A), (B), and (C) of paragraph (2) for

10 child care centers, and entities sponsoring child

11 care centers, in legislative facilities.

12 (B) EVALUATION AND COMPLIANCE.—

13 (i) ARCHITECT OF THE CAPITOL.—

14 The Architect of the Capitol shall have the

15 same authorities and duties with respect to

16 the evaluation of, compliance of, and cost

17 reimbursement for child care centers, and

18 entities sponsoring child care centers, in

19 legislative facilities as the Administrator

20 has under paragraph (2)(D) with respect

21 to the evaluation of, compliance of, and

22 cost reimbursement for such centers and

23 entities sponsoring such centers, in execu24 tive facilities.
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•S 1610 IS

1 (ii) HEAD OF A LEGISLATIVE OF2 FICE.—The head of a legislative office

3 shall have the same authorities and duties

4 with respect to the compliance of and cost

5 reimbursement for child care centers, and

6 entities sponsoring child care centers, in

7 legislative facilities as the head of an Exec8 utive agency has under paragraph (2)(D)

9 with respect to the compliance of and cost

10 reimbursement for such centers and enti11 ties sponsoring such centers, in executive

12 facilities.

13 (4) JUDICIAL BRANCH STANDARDS AND COM14 PLIANCE.—

15 (A) STATE AND LOCAL LICENSING RE16 QUIREMENTS, HEALTH, SAFETY, AND FACILITY

17 STANDARDS, AND ACCREDITATION STAND18 ARDS.—The Director of the Administrative Of19 fice of the United States Courts shall issue reg20 ulations for child care centers, and entities

21 sponsoring child care centers, in judicial facili22 ties, which shall be no less stringent in content

23 and effect than the requirements of paragraph

24 (2)(A) and the regulations issued by the Ad25 ministrator under subparagraphs (B) and (C)
48

•S 1610 IS

1 of paragraph (2), except to the extent that the

2 Director may determine, for good cause shown

3 and stated together with the regulations, that a

4 modification of such regulations would be more

5 effective for the implementation of the require6 ments and standards described in subpara7 graphs (A), (B), and (C) of paragraph (2) for

8 child care centers, and entities sponsoring child

9 care centers, in judicial facilities.

10 (B) EVALUATION AND COMPLIANCE.—

11 (i) DIRECTOR OF THE ADMINISTRA12 TIVE OFFICE OF THE UNITED STATES

13 COURTS.—The Director of the Administra14 tive Office of the United States Courts

15 shall have the same authorities and duties

16 with respect to the evaluation of, compli17 ance of, and cost reimbursement for child

18 care centers, and entities sponsoring child

19 care centers, in judicial facilities as the Ad20 ministrator has under paragraph (2)(D)

21 with respect to the evaluation of, compli22 ance of, and cost reimbursement for such

23 centers and entities sponsoring such cen24 ters, in executive facilities.
49

•S 1610 IS

1 (ii) HEAD OF A JUDICIAL OFFICE.—

2 The head of a judicial office shall have the

3 same authorities and duties with respect to

4 the compliance of and cost reimbursement

5 for child care centers, and entities sponsor6 ing child care centers, in judicial facilities

7 as the head of an Executive agency has

8 under paragraph (2)(D) with respect to

9 the compliance of and cost reimbursement

10 for such centers and entities sponsoring

11 such centers, in executive facilities.

12 (5) APPLICATION.—Notwithstanding any other

13 provision of this section, if 8 or more child care cen14 ters are sponsored in facilities owned or leased by an

15 Executive agency, the Administrator shall delegate

16 to the head of the agency the evaluation and compli17 ance responsibilities assigned to the Administrator

18 under paragraph (2)(D)(i).

19 (6) TECHNICAL ASSISTANCE, STUDIES, AND RE20 VIEWS.—The Administrator may provide technical

21 assistance, and conduct and provide the results of

22 studies and reviews, for Executive agencies, and en23 tities sponsoring child care centers in executive fa24 cilities, on a reimbursable basis, in order to assist

25 the entities in complying with this section. The Ar-
50

•S 1610 IS

1 chitect of the Capitol and the Director of the Admin2 istrative Office of the United States Courts may pro3 vide technical assistance, and conduct and provide

4 the results of studies and reviews, or request that

5 the Administrator provide technical assistance, and

6 conduct and provide the results of studies and re7 views, for legislative offices and judicial offices, re8 spectively, and entities operating child care centers

9 in legislative facilities and judicial facilities, respec10 tively, on a reimbursable basis, in order to assist the

11 entities in complying with this section.

12 (7) COUNCIL.—The Administrator shall estab13 lish an interagency council, comprised of all Execu14 tive agencies described in paragraph (5), a rep15 resentative of the Office of Architect of the Capitol,

16 and a representative of the Administrative Office of

17 the United States Courts, to facilitate cooperation

18 and sharing of best practices, and to develop and co19 ordinate policy, regarding the provision of child care

20 in the Federal Government.

21 (8) AUTHORIZATION OF APPROPRIATIONS.—

22 There is authorized to be appropriated to carry out

23 this section $900,000 for fiscal year 1999 and such
51

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1 sums as may be necessary for each subsequent fiscal

2 year.

Æ