II

106TH CONGRESS

1ST SESSION S. 17

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

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

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

AKAKA, Mrs. MURRAY, Mr. KOHL, Mr. KERRY, Mr. KERREY, Mrs. FEINSTEIN, Mr. LAUTENBERG, Mr. BINGAMAN, Mr. BRYAN, Mr. SARBANES,

Mr. BIDEN, Mrs. BOXER, Mr. BREAUX, Mr. DURBIN, Mr. JOHNSON, Ms.

LANDRIEU, Ms. MIKULSKI, Mr. ROCKEFELLER, Mr. REED, Mr. SCHUMER, Mr. TORRICELLI, and Mr. WELLSTONE) introduced the following

bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

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

Subtitle A—Child Care

Sec. 201. Grants to improve the quality of child care.

Subtitle B—Young Child Assistance Activities

Sec. 211. Definitions.

Sec. 212. Allotments to States.

Sec. 213. Grants to local collaboratives.

Sec. 214. Supplement not supplant.

Sec. 215. Authorization of appropriations.

Subtitle C—Loan Cancellation for Child Care Providers

Sec. 221. Loan cancellation.

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.

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—CHILD CARE IN FEDERAL FACILITIES

Sec. 601. Short title.

Sec. 602. Providing quality child care in Federal facilities.

Sec. 603. Child care services for Federal employees.

Sec. 604. Miscellaneous provisions relating to child care provided by Federal

agencies.

Sec. 605. Requirement to provide lactation support in new Federal child care

facilities.

Sec. 606. Federal child care evaluation.

1 SEC. 2. FINDINGS.

2 Congress makes the following findings:
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1 (1) Each day an estimated 13,000,000 children

2 spend some part of their day in child care.

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

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

5 Labor force participation rises to 63 percent for

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

7 percent for mothers with children ages 6–17.

8 (3) The availability of child care that is reliable,

9 convenient, and affordable helps parents to reach

10 and maintain self-sufficiency and is essential to

11 making the transition from welfare to work.

12 (4) Only an estimated 1 out of 10 eligible fami13 lies receive assistance in paying for child care

14 through the Child Care and Development Block

15 Grant Act of 1990.

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

17 $9,000 a year.

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

19 services cost little more than mediocre services. An

20 investment of only an additional 10 percent has been

21 found to have a significant impact on quality.

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

23 that promotes healthy development. Child care at 1

24 in 8 centers actually threatens children’s health and

25 safety.
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1 (8) The education, training, and salary of a

2 child care provider make the difference between poor

3 and good quality child care.

4 (A) The average salary of a child care pro5 vider in a center is only $12,058 a year, which

6 is approximately equal to the poverty level for

7 a family of 3.

8 (B) Home-based providers earn $9,000 a

9 year on average.

10 (9) Poor compensation and limited opportuni11 ties for professional training and education contrib12 ute to high turnover among child care providers,

13 which disrupts the creation of strong provider-child

14 relationships that are critical to children’s healthy

15 development.

16 (10) Children placed in poor quality child care

17 settings have been found to have delayed language

18 and reading skills, as well as increased aggressive

19 behavior toward other children and adults.

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

21 after school each week.

22 (12) Although it is thought that juvenile crime

23 occurs mostly on evenings and weekends, juvenile

24 crime actually peaks between 3 and 6 p.m.
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1 (13) Eighth-graders left home alone after

2 school report greater use of cigarettes, alcohol, and

3 marijuana than those in adult-supervised settings.

4 TITLE I—IMPROVING THE

5 AFFORDABILITY OF CHILD CARE

6 SEC. 101. INCREASED APPROPRIATIONS FOR CHILD CARE

7 GRANTS.

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

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

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

11 ‘‘(C) $3,167,000,000 for fiscal year 2000;

12 ‘‘(D) $3,367,000,000 for fiscal year 2001;

13 ‘‘(E) $4,067,000,000 for fiscal year 2002;

14 ‘‘(F) $4,717,000,000 for fiscal year 2003;

15 and

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

17 2004.’’.
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1 TITLE II—ENHANCING THE

2 QUALITY OF CHILD CARE AND

3 EARLY CHILDHOOD DEVEL4 OPMENT

5 Subtitle A—Child Care

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

7 CARE.

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

9 618) is amended—

10 (1) by redesignating subsection (d) as sub11 section (e); and

12 (2) by inserting after subsection (c) the follow13 ing:

14 ‘‘(d) GRANTS TO IMPROVE THE QUALITY OF CHILD

15 CARE AND EARLY CHILDHOOD DEVELOPMENT.—

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

17 shall use the amounts appropriated under paragraph

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

19 subsection.

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

21 section, there are appropriated—

22 ‘‘(A) $150,000,000 for fiscal year 2000;

23 ‘‘(B) $200,000,000 for fiscal year 2001;

24 ‘‘(C) $300,000,000 for fiscal year 2002;
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1 ‘‘(D) $350,000,000 for fiscal year 2003;

2 and

3 ‘‘(E) $1,000,000,000 for fiscal year 2004.

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

5 appropriated under paragraph (2) for payments to

6 States under this paragraph shall be allotted among

7 the States in the same manner as amounts (includ8 ing the redistribution of unused amounts) are allot9 ted or redistributed, as the case may be, under sub10 section (a)(2), except that the matching requirement

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

12 made under this subsection.

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

14 State through a grant made under this subsection

15 may be used for any of the following:

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

17 standards recommended by nationally recog18 nized child care accrediting bodies.

19 ‘‘(B) Improving the enforcement of licens20 ing standards, including the use of unan21 nounced inspections of child care providers.

22 ‘‘(C) Conducting background checks on

23 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 and men16 toring and apprenticeship programs for family

17 child care providers.

18 ‘‘(J) Establishing linkages between child

19 care services and health care services.

20 ‘‘(K) Offering training and education to

21 child care providers, including offering scholar22 ships and tax credits to assist with the expenses

23 of obtaining such training and education.

24 ‘‘(L) Providing family support and parent

25 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 Subtitle B—Young Child Assistance

5 Activities

6 SEC. 211. DEFINITIONS.

7 In this subtitle:

8 (1) LOCAL EDUCATIONAL AGENCY.—The term

9 ‘‘local educational agency’’ has the meaning given

10 the term in section 14101 of the Elementary and

11 Secondary Education Act of 1965 (20 U.S.C. 8801).

12 (2) POVERTY LINE.—The term ‘‘poverty line’’

13 means the poverty line (as defined by the Office of

14 Management and Budget, and revised annually in

15 accordance with section 673(2) of the Community

16 Services Block Grant Act (42 U.S.C. 9902(2)) appli17 cable to a family of the size involved.

18 (3) SECRETARY.—The term ‘‘Secretary’’ means

19 the Secretary of Health and Human Services.

20 (4) STATE BOARD.—The term ‘‘State board’’

21 means a State Early Learning Coordinating Board

22 established under section 212(c).

23 (5) YOUNG CHILD.—The term ‘‘young child’’

24 means an individual from birth through age 5.
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1 (6) YOUNG CHILD ASSISTANCE ACTIVITIES.—

2 The term ‘‘young child assistance activities’’ means

3 the activities described in paragraphs (1) and (2)(A)

4 of section 213(b).

5 SEC. 212. ALLOTMENTS TO STATES.

6 (a) IN GENERAL.—The Secretary shall make allot7 ments under subsection (b) to eligible States to pay for

8 the Federal share of the cost of enabling the States to

9 make grants to local collaboratives under section 213 for

10 young child assistance activities.

11 (b) ALLOTMENT.—

12 (1) IN GENERAL.—From the funds appro13 priated under section 215 for each fiscal year and

14 not reserved under subsection (i), the Secretary shall

15 allot to each eligible State an amount that bears the

16 same relationship to such funds as the total number

17 of young children in poverty in the State bears to

18 the total number of young children in poverty in all

19 eligible States.

20 (2) YOUNG CHILD IN POVERTY.—In this sub21 section, the term ‘‘young child in poverty’’ means an

22 individual who—

23 (A) is a young child; and

24 (B) is a member of a family with an in25 come below the poverty line.
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1 (c) STATE BOARDS.—

2 (1) IN GENERAL.—In order for a State to be el3 igible to obtain an allotment under this subtitle, the

4 Governor of the State shall establish, or designate

5 an entity to serve as, a State Early Learning Co6 ordinating Board, which shall receive the allotment

7 and make the grants described in section 213.

8 (2) ESTABLISHED BOARD.—A State board es9 tablished under paragraph (1) shall consist of the

10 Governor and members appointed by the Governor,

11 including—

12 (A) representatives of all State agencies

13 primarily providing services to young children

14 in the State;

15 (B) representatives of business in the

16 State;

17 (C) chief executive officers of political sub18 divisions in the State;

19 (D) parents of young children in the State;

20 (E) officers of community organizations

21 serving low-income individuals, as defined by

22 the Secretary, in the State;

23 (F) representatives of State nonprofit or24 ganizations that represent the interests of
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1 young children in poverty, as defined in sub2 section (b)(2), in the State;

3 (G) representatives of organizations pro4 viding services to young children and the par5 ents of young children, such as organizations

6 providing child care, carrying out Head Start

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

8 9831 et seq.), providing services through a fam9 ily resource center, providing home visits, or

10 providing health care services, in the State; and

11 (H) representatives of local educational

12 agencies.

13 (3) DESIGNATED BOARD.—The Governor may

14 designate an entity to serve as the State board

15 under paragraph (1) if the entity includes the Gov16 ernor and the members described in subparagraphs

17 (A) through (G) of paragraph (2).

18 (4) DESIGNATED STATE AGENCY.—The Gov19 ernor shall designate a State agency that has a rep20 resentative on the State board to provide adminis21 trative oversight concerning the use of funds made

22 available under this subtitle and ensure accountabil23 ity for the funds.

24 (d) APPLICATION.—To be eligible to receive an allot25 ment under this subtitle, a State board shall annually sub-
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1 mit an application to the Secretary at such time, in such

2 manner, and containing such information as the Secretary

3 may require. At a minimum, the application shall

4 contain—

5 (1) sufficient information about the entity es6 tablished or designated under subsection (c) to serve

7 as the State board to enable the Secretary to deter8 mine whether the entity complies with the require9 ments of such subsection;

10 (2) a comprehensive State plan for carrying out

11 young child assistance activities;

12 (3) an assurance that the State board will pro13 vide such information as the Secretary shall by regu14 lation require on the amount of State and local pub15 lic funds expended in the State to provide services

16 for young children; and

17 (4) an assurance that the State board shall an18 nually compile and submit to the Secretary informa19 tion from the reports referred to in section

20 213(e)(2)(F)(iii) that describes the results referred

21 to in section 213(e)(2)(F)(i).

22 (e) FEDERAL SHARE.—

23 (1) IN GENERAL.—The Federal share of the

24 cost described in subsection (a) shall be—
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1 (A) 85 percent, in the case of a State for

2 which the Federal medical assistance percent3 age (as defined in section 1905(b) of the Social

4 Security Act (42 U.S.C. 1396d(b))) is not less

5 than 50 percent, but is less than 60 percent;

6 (B) 87.5 percent, in the case of a State for

7 which such percentage is not less than 60 per8 cent, but is less than 70 percent; and

9 (C) 90 percent, in the case of any State

10 not described in subparagraph (A) or (B).

11 (2) STATE SHARE.—

12 (A) IN GENERAL.—The State shall contrib13 ute the remaining share (referred to in this

14 paragraph as the ‘‘State share’’) of the cost de15 scribed in subsection (a).

16 (B) FORM.—The State share of the cost

17 shall be in cash.

18 (C) SOURCES.—The State may provide for

19 the State share of the cost from State or local

20 sources, or through donations from private enti21 ties.

22 (f) STATE ADMINISTRATIVE COSTS.—

23 (1) IN GENERAL.—A State may use not more

24 than 5 percent of the funds made available through

25 an allotment made under this subtitle to pay for a
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1 portion, not to exceed 50 percent, of State adminis2 trative costs related to carrying out this subtitle.

3 (2) WAIVER.—A State may apply to the Sec4 retary for a waiver of paragraph (1). The Secretary

5 may grant the waiver if the Secretary finds that un6 usual circumstances prevent the State from comply7 ing with paragraph (1). A State that receives such

8 a waiver may use not more than 7.5 percent of the

9 funds made available through the allotment to pay

10 for the State administrative costs.

11 (g) MONITORING.—The Secretary shall monitor the

12 activities of States that receive allotments under this sub13 title to ensure compliance with the requirements of this

14 subtitle, including compliance with the State plans.

15 (h) ENFORCEMENT.—If the Secretary determines

16 that a State that has received an allotment under this sub17 title is not complying with a requirement of this subtitle,

18 the Secretary may—

19 (1) provide technical assistance to the State to

20 improve the ability of the State to comply with the

21 requirement;

22 (2) reduce, by not less than 5 percent, an allot23 ment made to the State under this section, for the

24 second determination of noncompliance;
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1 (3) reduce, by not less than 25 percent, an al2 lotment made to the State under this section, for the

3 third determination of noncompliance; or

4 (4) revoke the eligibility of the State to receive

5 allotments under this section, for the fourth or sub6 sequent determination of noncompliance.

7 (i) TECHNICAL ASSISTANCE.—From the funds ap8 propriated under section 215 for each fiscal year, the Sec9 retary shall reserve not more than 1 percent of the funds

10 to pay for the costs of providing technical assistance. The

11 Secretary shall use the reserved funds to enter into con12 tracts with eligible entities to provide technical assistance,

13 to local collaboratives that receive grants under section

14 213, relating to the functions of the local collaboratives

15 under this subtitle.

16 SEC. 213. GRANTS TO LOCAL COLLABORATIVES.

17 (a) IN GENERAL.—A State board that receives an al18 lotment under section 212 shall use the funds made avail19 able through the allotment, and the State contribution

20 made under section 212(e)(2), to pay for the Federal and

21 State shares of the cost of making grants, on a competitive

22 basis, to local collaboratives to carry out young child as23 sistance activities.

24 (b) USE OF FUNDS.—A local collaborative that re25 ceives a grant made under subsection (a)—
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1 (1) shall use funds made available through the

2 grant to provide, in a community, activities that con3 sist of education and supportive services, such as—

4 (A) home visits for parents of young chil5 dren;

6 (B) services provided through community7 based family resource centers for such parents;

8 and

9 (C) collaborative pre-school efforts that

10 link parenting education for such parents to

11 early childhood learning services for young chil12 dren; and

13 (2) may use funds made available through the

14 grant—

15 (A) to provide, in the community, activities

16 that consist of—

17 (i) activities designed to strengthen

18 the quality of child care for young children

19 and expand the supply of high quality child

20 care services for young children;

21 (ii) health care services for young chil22 dren, including increasing the level of im23 munization for young children in the com24 munity, providing preventive health care

25 screening and education, and expanding
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1 health care services in schools, child care

2 facilities, clinics in public housing (as de3 fined in section 3(b) of the United States

4 Housing Act of 1937 (42 U.S.C.

5 1437a(b))), and mobile dental and vision

6 clinics;

7 (iii) services for children with disabil8 ities who are young children; and

9 (iv) activities designed to assist

10 schools in providing educational and other

11 support services to young children, and

12 parents of young children, in the commu13 nity, to be carried out during extended

14 hours when appropriate; and

15 (B) to pay for the salary and expenses of

16 the administrator described in subsection (e)(4),

17 in accordance with such regulations as the Sec18 retary shall prescribe.

19 (c) MULTI-YEAR FUNDING.—In making grants

20 under this section, a State board may make grants for

21 grant periods of more than 1 year to local collaboratives

22 with demonstrated success in carrying out young child as23 sistance activities.
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1 (d) LOCAL COLLABORATIVES.—To be eligible to re2 ceive a grant under this section for a community, a local

3 collaborative shall demonstrate that the collaborative—

4 (1) is able to provide, through a coordinated ef5 fort, young child assistance activities to young chil6 dren, and parents of young children, in the commu7 nity; and

8 (2) includes—

9 (A) all public agencies primarily providing

10 services to young children in the community;

11 (B) businesses in the community;

12 (C) representatives of the local government

13 for the county or other political subdivision in

14 which the community is located;

15 (D) parents of young children in the com16 munity;

17 (E) officers of community organizations

18 serving low-income individuals, as defined by

19 the Secretary, in the community;

20 (F) community-based organizations provid21 ing services to young children and the parents

22 of young children, such as organizations provid23 ing child care, carrying out Head Start pro24 grams, or providing pre-kindergarten education,

25 mental health, or family support services; and
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1 (G) nonprofit organizations that serve the

2 community and that are described in section

3 501(c)(3) of the Internal Revenue Code of 1986

4 and exempt from taxation under section 501(a)

5 of such Code.

6 (e) APPLICATION.—To be eligible to receive a grant

7 under this section, a local collaborative shall submit an

8 application to the State board at such time, in such man9 ner, and containing such information as the State board

10 may require. At a minimum, the application shall

11 contain—

12 (1) sufficient information about the entity de13 scribed in subsection (d)(2) to enable the State

14 board to determine whether the entity complies with

15 the requirements of such subsection; and

16 (2) a comprehensive plan for carrying out

17 young child assistance activities in the community,

18 including information indicating—

19 (A) the young child assistance activities

20 available in the community, as of the date of

21 submission of the plan, including information

22 on efforts to coordinate the activities;

23 (B) the unmet needs of young children,

24 and parents of young children, in the commu25 nity for young child assistance activities;
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1 (C) the manner in which funds made avail2 able through the grant will be used—

3 (i) to meet the needs, including ex4 panding and strengthening the activities

5 described in subparagraph (A) and estab6 lishing additional young child assistance

7 activities; and

8 (ii) to improve results for young chil9 dren in the community;

10 (D) how the local cooperative will use at

11 least 60 percent of the funds made available

12 through the grant to provide young child assist13 ance activities to young children and parents

14 described in subsection (f);

15 (E) the comprehensive methods that the

16 collaborative will use to ensure that—

17 (i) each entity carrying out young

18 child assistance activities through the col19 laborative will coordinate the activities with

20 such activities carried out by other entities

21 through the collaborative; and

22 (ii) the local collaborative will coordi23 nate the activities of the local collaborative

24 with—
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1 (I) other services provided to

2 young children, and the parents of

3 young children, in the community;

4 and

5 (II) the activities of other local

6 collaboratives serving young children

7 and families in the community, if any;

8 and

9 (F) the manner in which the collaborative

10 will, at such intervals as the State board may

11 require, submit information to the State board

12 to enable the State board to carry out monitor13 ing under section 212(g), including the manner

14 in which the collaborative will—

15 (i) evaluate the results achieved by

16 the collaborative for young children and

17 parents of young children through activi18 ties carried out through the grant;

19 (ii) evaluate how services can be more

20 effectively delivered to young children and

21 the parents of young children; and

22 (iii) prepare and submit to the State

23 board annual reports describing the re24 sults;
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1 (3) an assurance that the local collaborative will

2 comply with the requirements of subparagraphs (D),

3 (E), and (F) of paragraph (2), and subsection (g);

4 and

5 (4) an assurance that the local collaborative will

6 hire an administrator to oversee the provision of the

7 activities described in paragraphs (1) and (2)(A) of

8 subsection (b).

9 (f) DISTRIBUTION.—In making grants under this sec10 tion, the State board shall ensure that at least 60 percent

11 of the funds made available through each grant are used

12 to provide the young child assistance activities to young

13 children (and parents of young children) who reside in

14 school districts in which half or more of the students re15 ceive free or reduced price lunches under the National

16 School Lunch Act (42 U.S.C. 1751 et seq.).

17 (g) LOCAL SHARE.—

18 (1) IN GENERAL.—The local collaborative shall

19 contribute a percentage (referred to in this sub20 section as the ‘‘local share’’) of the cost of carrying

21 out the young child assistance activities.

22 (2) PERCENTAGE.—The Secretary shall by reg23 ulation specify the percentage referred to in para24 graph (1).
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1 (3) FORM.—The local share of the cost shall be

2 in cash.

3 (4) SOURCE.—The local collaborative shall pro4 vide for the local share of the cost through donations

5 from private entities.

6 (5) WAIVER.—The State board shall waive the

7 requirement of paragraph (1) for poor rural and

8 urban areas, as defined by the Secretary.

9 (h) MONITORING.—The State board shall monitor

10 the activities of local collaboratives that receive grants

11 under this subtitle to ensure compliance with the require12 ments of this subtitle.

13 SEC. 214. SUPPLEMENT NOT SUPPLANT.

14 Funds appropriated under this subtitle shall be used

15 to supplement and not supplant other Federal, State, and

16 local public funds expended to provide services for young

17 children.

18 SEC. 215. AUTHORIZATION OF APPROPRIATIONS.

19 There are authorized to be appropriated to carry out

20 this subtitle $250,000,000 for fiscal year 2000,

21 $250,000,000 for fiscal year 2001, $500,000,000 for fis22 cal year 2002, $500,000,000 for fiscal year 2003,

23 $1,000,000,000 for fiscal year 2004, and such sums as

24 may be necessary for fiscal year 2005 and each subsequent

25 fiscal year.
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1 Subtitle C—Loan Cancellation for

2 Child Care Providers

3 SEC. 221. LOAN CANCELLATION.

4 Section 465(a) of the Higher Education Act of 1965

5 (20 U.S.C. 1087ee(a)) is amended—

6 (1) in paragraph (2)—

7 (A) by redesignating subparagraphs (G),

8 (H), and (I) as subparagraphs (H), (I), and

9 (J), respectively; and

10 (B) by inserting after subparagraph (F),

11 the following:

12 ‘‘(G) as a full-time child care provider or

13 educator—

14 ‘‘(i) in a child care facility operated by

15 an entity that meets the applicable State

16 or local government licensing, certification,

17 approval, or registration requirements, if

18 any; and

19 ‘‘(ii) who has a degree in early child20 hood education;’’; and

21 (2) in paragraph (3)(A)—

22 (A) in clause (i), by striking ‘‘(G), (H), or

23 (I)’’ and inserting ‘‘(H), (I), or (J)’’; and

24 (B) in clause (ii), by inserting ‘‘or (G)’’

25 after ‘‘subparagraph (B)’’.
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1 TITLE III—EXPANDING THE

2 AVAILABILITY AND QUALITY

3 OF SCHOOL-AGE CHILD CARE

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

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

6 (42 U.S.C. 618), as amended by section 201, is

7 amended—

8 (1) by redesignating subsection (e) as sub9 section (f); and

10 (2) by inserting after subsection (d) the follow11 ing:

12 ‘‘(e) GRANTS TO INCREASE THE AVAILABILITY AND

13 QUALITY OF SCHOOL-AGE CHILD CARE.—

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

15 shall use the amounts appropriated under paragraph

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

17 subsection.

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

19 section, there are appropriated—

20 ‘‘(A) $150,000,000 for fiscal year 2000;

21 ‘‘(B) $200,000,000 for fiscal year 2001;

22 ‘‘(C) $300,000,000 for fiscal year 2002;

23 ‘‘(D) $350,000,000 for fiscal year 2003;

24 and

25 ‘‘(E) $1,000,000,000 for fiscal year 2004.
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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
28

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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-
29

•S 17 IS

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 ‘‘$600,000,000 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 1999, 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 1998’ 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, 1999.

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, 1999.

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,
33

•S 17 IS

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.—
34

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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

4 determined—

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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•S 17 IS

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’’.
36

•S 17 IS

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) Section 6213(g)(2)(L) of such Code is

8 amended by striking ‘‘section 21, 24, or 32’’ and in9 serting ‘‘section 24, 32, or 35’’.

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

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

12 amended by striking the item relating to section 35

13 and inserting the following:

‘‘Sec. 35. Dependent care services.

‘‘Sec. 36. Overpayments of tax.’’.

14 (12) The table of sections for subpart A of such

15 part IV is amended by striking the item relating to

16 section 21.

17 (13) The table of sections for chapter 25 of

18 such Code is amended by adding after the item re19 lating to section 3507 the following:

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

20 (14) Section 1324(b)(2) of title 31, United

21 States Code, is amended by inserting before the pe22 riod ‘‘, or enacted by the Child Care ACCESS (Af-
37

•S 17 IS

1 fordable Child Care for Early Success and Security)

2 Act’’.

3 (d) EFFECTIVE DATE.—The amendments made by

4 this section apply to taxable years beginning after Decem5 ber 31, 1999.

6 TITLE V—ENCOURAGING

7 PRIVATE SECTOR INVOLVEMENT

8 SEC. 501. ALLOWANCE OF CREDIT FOR EMPLOYER EX9 PENSES FOR CHILD CARE ASSISTANCE.

10 (a) IN GENERAL.—Subpart D of part IV of sub11 chapter A of chapter 1 of the Internal Revenue Code of

12 1986 (relating to business related credits) is amended by

13 adding at the end the following:

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

15 ‘‘(a) ALLOWANCE OF CREDIT.—For purposes of sec16 tion 38, the employer-provided child care credit deter17 mined under this section for the taxable year is an amount

18 equal to 25 percent of the qualified child care expenditures

19 of the taxpayer for such taxable year.

20 ‘‘(b) DOLLAR LIMITATION.—The credit allowable

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

22 $150,000.

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

24 ‘‘(1) QUALIFIED CHILD CARE EXPENDITURE.—
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•S 17 IS

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

2 child care expenditure’ means any amount paid

3 or incurred—

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

5 or expand property—

6 ‘‘(I) which is to be used as part

7 of a qualified child care facility of the

8 taxpayer,

9 ‘‘(II) with respect to which a de10 duction for depreciation (or amortiza11 tion in lieu of depreciation) is allow12 able, and

13 ‘‘(III) which does not constitute

14 part of the principal residence (within

15 the meaning of section 121) of the

16 taxpayer or any employee of the tax17 payer,

18 ‘‘(ii) for the operating costs of a quali19 fied child care facility of the taxpayer, in20 cluding costs related to the training of em21 ployees of the child care facility, to scholar22 ship programs, to the providing of differen23 tial compensation to employees based on

24 level of child care training, and to expenses

25 associated with achieving accreditation,
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•S 17 IS

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

2 child care facility to provide child care

3 services to employees of the taxpayer, or

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

5 care resource and referral services to em6 ployees of the taxpayer.

7 ‘‘(B) EXCLUSION FOR AMOUNTS FUNDED

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

9 care expenditure’ shall not include any amount

10 to the extent such amount is funded by any

11 grant, contract, or otherwise by another person

12 (or any governmental entity).

13 ‘‘(C) LIMITATION ON ALLOWABLE OPERAT14 ING COSTS.—The term ‘qualified child care ex15 penditure’ shall not include any amount de16 scribed in subparagraph (A)(ii) if such amount

17 is paid or incurred after the third taxable year

18 in which a credit under this section is taken by

19 the taxpayer, unless the qualified child care fa20 cility of the taxpayer has received accreditation

21 from a nationally recognized accrediting body

22 before the end of such third taxable year.

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

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

25 child care facility’ means a facility—
40

•S 17 IS

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

2 provide child care assistance, and

3 ‘‘(ii) which meets the requirements of

4 all applicable laws and regulations of the

5 State or local government in which it is lo6 cated, including, but not limited to, the li7 censing of the facility as a child care facil8 ity.

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

10 the principal residence (within the meaning of

11 section 121) of the operator of the facility.

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

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

14 qualified child care facility with respect to a

15 taxpayer unless—

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

17 to employees of the taxpayer during the

18 taxable year,

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

20 trade or business of the taxpayer unless at

21 least 30 percent of the enrollees of such

22 facility are dependents of employees of the

23 taxpayer, and
41

•S 17 IS

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

2 care services at such facility are deter3 mined on a sliding fee scale.

4 ‘‘(d) RECAPTURE OF ACQUISITION AND CONSTRUC5 TION CREDIT.—

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

7 taxable year, there is a recapture event with respect

8 to any qualified child care facility of the taxpayer,

9 then the tax of the taxpayer under this chapter for

10 such taxable year shall be increased by an amount

11 equal to the product of—

12 ‘‘(A) the applicable recapture percentage,

13 and

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

15 allowed under section 38 for all prior taxable

16 years which would have resulted if the qualified

17 child care expenditures of the taxpayer de18 scribed in subsection (c)(1)(A) with respect to

19 such facility had been zero.

20 ‘‘(2) APPLICABLE RECAPTURE PERCENTAGE.—

21 ‘‘(A) IN GENERAL.—For purposes of this

22 subsection, the applicable recapture percentage

23 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
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Year 5 ........................................................................ 70

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

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

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

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

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

1 ‘‘(B) YEARS.—For purposes of subpara2 graph (A), year 1 shall begin on the first day

3 of the taxable year in which the qualified child

4 care facility is placed in service by the taxpayer.

5 ‘‘(3) RECAPTURE EVENT DEFINED.—For pur6 poses of this subsection, the term ‘recapture event’

7 means—

8 ‘‘(A) CESSATION OF OPERATION.—The

9 cessation of the operation of the facility as a

10 qualified child care facility.

11 ‘‘(B) CHANGE IN OWNERSHIP.—

12 ‘‘(i) IN GENERAL.—Except as pro13 vided in clause (ii), the disposition of a

14 taxpayer’s interest in a qualified child care

15 facility with respect to which the credit de16 scribed in subsection (a) was allowable.

17 ‘‘(ii) AGREEMENT TO ASSUME RECAP18 TURE LIABILITY.—Clause (i) shall not

19 apply if the person acquiring such interest

20 in the facility agrees in writing to assume

21 the recapture liability of the person dispos22 ing of such interest in effect immediately
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•S 17 IS

1 before such disposition. In the event of

2 such an assumption, the person acquiring

3 the interest in the facility shall be treated

4 as the taxpayer for purposes of assessing

5 any recapture liability (computed as if

6 there had been no change in ownership).

7 ‘‘(4) SPECIAL RULES.—

8 ‘‘(A) TAX BENEFIT RULE.—The tax for

9 the taxable year shall be increased under para10 graph (1) only with respect to credits allowed

11 by reason of this section which were used to re12 duce tax liability. In the case of credits not so

13 used to reduce tax liability, the carryforwards

14 and carrybacks under section 39 shall be appro15 priately adjusted.

16 ‘‘(B) NO CREDITS AGAINST TAX.—Any in17 crease in tax under this subsection shall not be

18 treated as a tax imposed by this chapter for

19 purposes of determining the amount of any

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

21 ‘‘(C) NO RECAPTURE BY REASON OF CAS22 UALTY LOSS.—The increase in tax under this

23 subsection shall not apply to a cessation of op24 eration of the facility as a qualified child care

25 facility by reason of a casualty loss to the ex-
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1 tent such loss is restored by reconstruction or

2 replacement within a reasonable period estab3 lished by the Secretary.

4 ‘‘(e) SPECIAL RULES.—For purposes of this

5 section—

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

7 are treated as a single employer under subsections

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

9 taxpayer.

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

11 TRUSTS.—Under regulations prescribed by the Sec12 retary, rules similar to the rules of subsection (d) of

13 section 52 shall apply.

14 ‘‘(3) ALLOCATION IN THE CASE OF PARTNER15 SHIPS.—In the case of partnerships, the credit shall

16 be allocated among partners under regulations pre17 scribed by the Secretary.

18 ‘‘(f) NO DOUBLE BENEFIT.—

19 ‘‘(1) REDUCTION IN BASIS.—For purposes of

20 this subtitle—

21 ‘‘(A) IN GENERAL.—If a credit is deter22 mined under this section with respect to any

23 property by reason of expenditures described in

24 subsection (c)(1)(A), the basis of such property
45

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1 shall be reduced by the amount of the credit

2 so determined.

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

4 any taxable year there is a recapture amount

5 determined with respect to any property the

6 basis of which was reduced under subparagraph

7 (A), the basis of such property (immediately be8 fore the event resulting in such recapture) shall

9 be increased by an amount equal to such recap10 ture amount. For purposes of the preceding

11 sentence, the term ‘recapture amount’ means

12 any increase in tax (or adjustment in

13 carrybacks or carryovers) determined under

14 subsection (d).

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

16 deduction or credit shall be allowed under any other

17 provision of this chapter with respect to the amount

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

19 (b) CONFORMING AMENDMENTS.—

20 (1) Section 38(b) of the Internal Revenue Code

21 of 1986 is amended—

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

23 paragraph (11),
46

•S 17 IS

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

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

3 ‘‘plus’’, and

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

5 paragraph:

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

7 determined under section 45D.’’.

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

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

10 amended by adding at the end the following new

11 item:

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

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

13 this section shall apply to taxable years beginning after

14 December 31, 1999.

15 SEC. 502. GRANTS TO SUPPORT PUBLIC-PRIVATE PARTNER16 SHIPS.

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

18 Human Services (in this section referred to as the ‘‘Sec19 retary’’) shall establish a program to award grants to local

20 communities for the purpose of expanding the availability

21 of, and improving the quality of, child care on a commu22 nity-wide basis.

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

24 under this section, a local community shall prepare and

25 submit to the Secretary an application at such time and
47

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

2 includes—

3 (1) an assurance that the matching funds re4 quired under subsection (c) will be provided;

5 (2) evidence of collaboration with parents,

6 schools, employers, State and local government agen7 cies, and child care agencies, including resource and

8 referral agencies, in the preparation of the applica9 tion;

10 (3) an assessment of child care resources and

11 needs within the community; and

12 (4) any additional information that the Sec13 retary may require.

14 (c) MATCHING REQUIREMENT.—To be eligible to re15 ceive a grant under this section a local community shall

16 provide assurances to the Secretary that the community

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

18 $2 provided under the grant. Such funds shall be gen19 erated from private sources, including employers and phil20 anthropic organizations.

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

22 the funds provided under a grant awarded under this sec23 tion only for the purposes described in subsection (a).

24 (e) ADMINISTRATION.—A local community awarded

25 a grant under this section may authorize a public or non-
48

•S 17 IS

1 profit entity within the community to act as the fiscal

2 agent for the administration of the program funded under

3 the grant.

4 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

5 authorized to be appropriated to carry out this section

6 $100,000,000 for each of fiscal years 2000 through 2004.

7 TITLE VI—ENSURING THE QUAL8 ITY OF FEDERAL CHILD CARE

9 CENTERS

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

11 (a) DEFINITIONS.—In this section:

12 (1) ACCREDITED CHILD CARE CENTER.—The

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

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

15 care credentialing or accreditation entity recog16 nized by a State, to provide child care to chil17 dren in the State (except children who a tribal

18 organization elects to serve through a center de19 scribed in subparagraph (B));

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

21 care credentialing or accreditation entity recog22 nized by a tribal organization, to provide child

23 care for children served by the tribal organiza24 tion;
49

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

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

3 9831 et seq.) and is in compliance with any ap4 plicable performance standards established by

5 regulation under such Act for Head Start pro6 grams; or

7 (D) a military child development center (as

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

9 States Code).

10 (2) CHILD CARE CREDENTIALING OR ACCREDI11 TATION ENTITY.—The term ‘‘child care credentialing

12 or accreditation entity’’ means a nonprofit private

13 organization or public agency that—

14 (A) is recognized by a State agency or trib15 al organization; and

16 (B) accredits a center or credentials an in17 dividual to provide child care on the basis of—

18 (i) an accreditation or credentialing

19 instrument based on peer-validated re20 search;

21 (ii) compliance with applicable State

22 and local licensing requirements, or stand23 ards described in section 658E(c)(2)(E)(ii)

24 of the Child Care and Development Block
50

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

2 as appropriate, for the center or individual;

3 (iii) outside monitoring of the center

4 or individual; and

5 (iv) criteria that provide assurances

6 of—

7 (I) compliance with age-appro8 priate health and safety standards at

9 the center or by the individual;

10 (II) use of age-appropriate devel11 opmental and educational activities, as

12 an integral part of the child care pro13 gram carried out at the center or by

14 the individual; and

15 (III) use of ongoing staff devel16 opment or training activities for the

17 staff of the center or the individual,

18 including related skills-based testing.

19 (3) CREDENTIALED CHILD CARE PROFES20 SIONAL.—The term ‘‘credentialed child care profes21 sional’’ means—

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

23 child care credentialing or accreditation entity

24 recognized by a State, to provide child care to

25 children in the State (except children who a
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1 tribal organization elects to serve through an

2 individual described in subparagraph (B)); or

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

4 child care credentialing or accreditation entity

5 recognized by a tribal organization, to provide

6 child care for children served by the tribal orga7 nization.

8 (4) STATE.—The term ‘‘State’’ has the mean9 ing given the term in section 658P of the Child Care

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

11 9858n).

12 (b) PROVIDING QUALITY CHILD CARE IN FEDERAL

13 FACILITIES.—

14 (1) DEFINITIONS.—In this subsection:

15 (A) ADMINISTRATOR.—The term ‘‘Admin16 istrator’’ means the Administrator of General

17 Services.

18 (B) ENTITY SPONSORING A CHILD CARE

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

20 care center’’ means a Federal agency that oper21 ates, or an entity that enters into a contract or

22 licensing agreement with a Federal agency to

23 operate, a child care center.

24 (C) EXECUTIVE AGENCY.—The term ‘‘Ex25 ecutive agency’’ has the meaning given the term
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1 in section 105 of title 5, United States Code,

2 except that the term—

3 (i) does not include the Department of

4 Defense; and

5 (ii) includes the General Services Ad6 ministration, with respect to the adminis7 tration of a facility described in subpara8 graph (D)(ii).

9 (D) EXECUTIVE FACILITY.—The term ‘‘ex10 ecutive facility’’—

11 (i) means a facility that is owned or

12 leased by an Executive agency; and

13 (ii) includes a facility that is owned or

14 leased by the General Services Administra15 tion on behalf of a judicial office.

16 (E) FEDERAL AGENCY.—The term ‘‘Fed17 eral agency’’ means an Executive agency, a ju18 dicial office, or a legislative office.

19 (F) JUDICIAL FACILITY.—The term ‘‘judi20 cial facility’’ means a facility that is owned or

21 leased by a judicial office (other than a facility

22 that is also a facility described in subparagraph

23 (D)(ii)).
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1 (G) JUDICIAL OFFICE.—The term ‘‘judicial

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

3 the Federal Government.

4 (H) LEGISLATIVE FACILITY.—The term

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

6 owned or leased by a legislative office.

7 (I) LEGISLATIVE OFFICE.—The term ‘‘leg8 islative office’’ means an entity of the legislative

9 branch of the Federal Government.

10 (2) EXECUTIVE BRANCH STANDARDS AND COM11 PLIANCE.—

12 (A) STATE AND LOCAL LICENSING RE13 QUIREMENTS.—

14 (i) IN GENERAL.—Any entity sponsor15 ing a child care center in an executive fa16 cility shall—

17 (I) obtain the appropriate State

18 and local licenses for the center; and

19 (II) in a location where the State

20 or locality does not license executive

21 facilities, comply with the appropriate

22 State and local licensing requirements

23 related to the provision of child care.
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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-
55

•S 17 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
56

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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
57

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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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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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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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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-
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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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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-
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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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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)
65

•S 17 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.
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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-
67

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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

24 sums as may be necessary for each subsequent fiscal

25 year.
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1 TITLE VI—CHILD CARE IN

2 FEDERAL FACILITIES

3 SEC. 601. SHORT TITLE.

4 This title may be cited as the ‘‘Quality Child Care

5 for Federal Employees Act’’.

6 SEC. 602. PROVIDING QUALITY CHILD CARE IN FEDERAL

7 FACILITIES.

8 (a) DEFINITION.—In this section:

9 (1) ADMINISTRATOR.—The term ‘‘Adminis10 trator’’ means the Administrator of General Serv11 ices.

12 (2) CHILD CARE ACCREDITATION ENTITY.—The

13 term ‘‘child care accreditation entity’’ means a non14 profit private organization or public agency that—

15 (A) is recognized by a State agency or by

16 a national organization that serves as a peer re17 view panel on the standards and procedures of

18 public and private child care or school accredit19 ing bodies; and

20 (B) accredits a facility to provide child

21 care on the basis of—

22 (i) an accreditation or credentialing

23 instrument based on peer-validated re24 search;
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1 (ii) compliance with applicable State

2 or local licensing requirements, as appro3 priate, for the facility;

4 (iii) outside monitoring of the facility;

5 and

6 (iv) criteria that provide assurances

7 of—

8 (I) use of developmentally appro9 priate health and safety standards at

10 the facility;

11 (II) use of developmentally ap12 propriate educational activities, as an

13 integral part of the child care pro14 gram carried out at the facility; and

15 (III) use of ongoing staff devel16 opment or training activities for the

17 staff of the facility, including related

18 skills-based testing.

19 (3) ENTITY SPONSORING A CHILD CARE FACIL20 ITY.—The term ‘‘entity sponsoring a child care facil21 ity’’ means a Federal agency that operates, or an

22 entity that enters into a contract or licensing agree23 ment with a Federal agency to operate, a child care

24 facility primarily for the use of Federal employees.
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1 (4) EXECUTIVE AGENCY.—The term ‘‘Executive

2 agency’’ has the meaning given the term in section

3 105 of title 5, United States Code, except that the

4 term—

5 (A) does not include the Department of

6 Defense and the Coast Guard; and

7 (B) includes the General Services Adminis8 tration, with respect to the administration of a

9 facility described in paragraph (5)(B).

10 (5) EXECUTIVE FACILITY.—The term ‘‘execu11 tive facility’’—

12 (A) means a facility that is owned or

13 leased by an Executive agency; and

14 (B) includes a facility that is owned or

15 leased by the General Services Administration

16 on behalf of a judicial office.

17 (6) FEDERAL AGENCY.—The term ‘‘Federal

18 agency’’ means an Executive agency, a legislative of19 fice, or a judicial office.

20 (7) JUDICIAL FACILITY.—The term ‘‘judicial fa21 cility’’ means a facility that is owned or leased by a

22 judicial office (other than a facility that is also a fa23 cility described in paragraph (4)(B)).
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•S 17 IS

1 (8) JUDICIAL OFFICE.—The term ‘‘judicial of2 fice’’ means an entity of the judicial branch of the

3 Federal Government.

4 (9) LEGISLATIVE FACILITY.—The term ‘‘legisla5 tive facility’’ means a facility that is owned or leased

6 by a legislative office.

7 (10) LEGISLATIVE OFFICE.—The term ‘‘legisla8 tive office’’ means an entity of the legislative branch

9 of the Federal Government.

10 (11) STATE.—The term ‘‘State’’ has the mean11 ing given the term in section 658P of the Child Care

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

13 9858n).

14 (b) EXECUTIVE BRANCH STANDARDS AND COMPLI15 ANCE.—

16 (1) STATE AND LOCAL LICENSING REQUIRE17 MENTS.—

18 (A) IN GENERAL.—Any entity sponsoring

19 a child care facility in an executive facility

20 shall—

21 (i) comply with child care standards

22 described in paragraph (2) that, at a mini23 mum, include all applicable State or local

24 licensing requirements, as appropriate, re-
72

•S 17 IS

1 lated to the provision of child care in the

2 State or locality involved; and

3 (ii) obtain the applicable State or local

4 licenses, as appropriate, for the facility.

5 (B) COMPLIANCE.—Not later than 6

6 months after the date of enactment of this

7 Act—

8 (i) the entity shall comply, or make

9 substantial progress (as determined by the

10 Administrator) toward complying, with

11 subparagraph (A); and

12 (ii) any contract or licensing agree13 ment used by an Executive agency for the

14 provision of child care services in such

15 child care facility shall include a condition

16 that the child care be provided by an entity

17 that complies with the standards described

18 in subparagraph (A)(i) and obtains the li19 censes described in subparagraph (A)(ii).

20 (2) HEALTH, SAFETY, AND FACILITY STAND21 ARDS.—The Administrator shall by regulation estab22 lish standards relating to health, safety, facilities, fa23 cility design, and other aspects of child care that the

24 Administrator determines to be appropriate for child

25 care in executive facilities, and require child care fa-
73

•S 17 IS

1 cilities, and entities sponsoring child care facilities,

2 in executive facilities to comply with the standards.

3 Such standards shall include requirements that child

4 care facilities be inspected for, and be free of, lead

5 hazards.

6 (3) ACCREDITATION STANDARDS.—

7 (A) IN GENERAL.—The Administrator

8 shall issue regulations requiring, to the maxi9 mum extent possible, any entity sponsoring an

10 eligible child care facility (as defined by the Ad11 ministrator) in an executive facility to comply

12 with standards of a child care accreditation en13 tity.

14 (B) COMPLIANCE.—The regulations shall

15 require that, not later than 2 years after the

16 date of enactment of this Act—

17 (i) the entity shall comply, or make

18 substantial progress (as determined by the

19 Administrator) toward complying, with the

20 standards; and

21 (ii) any contract or licensing agree22 ment used by an Executive agency for the

23 provision of child care services in such

24 child care facility shall include a condition
74

•S 17 IS

1 that the child care be provided by an entity

2 that complies with the standards.

3 (4) EVALUATION AND COMPLIANCE.—

4 (A) IN GENERAL.—The Administrator

5 shall evaluate the compliance, with the require6 ments of paragraph (1) and the regulations

7 issued pursuant to paragraphs (2) and (3), as

8 appropriate, of child care facilities, and entities

9 sponsoring child care facilities, in executive fa10 cilities. The Administrator may conduct the

11 evaluation of such a child care facility or entity

12 directly, or through an agreement with another

13 Federal agency or private entity, other than the

14 Federal agency for which the child care facility

15 is providing services. If the Administrator de16 termines, on the basis of such an evaluation,

17 that the child care facility or entity is not in

18 compliance with the requirements, the Adminis19 trator shall notify the Executive agency.

20 (B) EFFECT OF NONCOMPLIANCE.—On re21 ceipt of the notification of noncompliance issued

22 by the Administrator, the head of the Executive

23 agency shall—

24 (i) if the entity operating the child

25 care facility is the agency—
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•S 17 IS

1 (I) not later than 2 business days

2 after the date of receipt of the notifi3 cation, correct any deficiencies that

4 are determined by the Administrator

5 to be life threatening or to present a

6 risk of serious bodily harm;

7 (II) develop and provide to the

8 Administrator a plan to correct any

9 other deficiencies in the operation of

10 the child care facility and bring the

11 facility and entity into compliance

12 with the requirements not later than 4

13 months after the date of receipt of the

14 notification;

15 (III) provide the parents of the

16 children receiving child care services

17 at the child care facility and employ18 ees of the facility with a notification

19 detailing the deficiencies described in

20 subclauses (I) and (II) and actions

21 that will be taken to correct the defi22 ciencies, and post a copy of the notifi23 cation in a conspicuous place in the

24 facility for 5 working days or until the
76

•S 17 IS

1 deficiencies are corrected, whichever is

2 later;

3 (IV) bring the child care facility

4 and entity into compliance with the

5 requirements and certify to the Ad6 ministrator that the facility and entity

7 are in compliance, based on an onsite

8 evaluation of the facility conducted by

9 an independent entity with expertise

10 in child care health and safety; and

11 (V) in the event that deficiencies

12 determined by the Administrator to be

13 life threatening or to present a risk of

14 serious bodily harm cannot be cor15 rected within 2 business days after

16 the date of receipt of the notification,

17 close the child care facility, or the af18 fected portion of the facility, until

19 such deficiencies are corrected and no20 tify the Administrator of such closure;

21 and

22 (ii) if the entity operating the child

23 care facility is a contractor or licensee of

24 the Executive agency—
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•S 17 IS

1 (I) require the contractor or li2 censee, not later than 2 business days

3 after the date of receipt of the notifi4 cation, to correct any deficiencies that

5 are determined by the Administrator

6 to be life threatening or to present a

7 risk of serious bodily harm;

8 (II) require the contractor or li9 censee to develop and provide to the

10 head of the agency a plan to correct

11 any other deficiencies in the operation

12 of the child care facility and bring the

13 facility and entity into compliance

14 with the requirements not later than 4

15 months after the date of receipt of the

16 notification;

17 (III) require the contractor or li18 censee to provide the parents of the

19 children receiving child care services

20 at the child care facility and employ21 ees of the facility with a notification

22 detailing the deficiencies described in

23 subclauses (I) and (II) and actions

24 that will be taken to correct the defi25 ciencies, and to post a copy of the no-
78

•S 17 IS

1 tification in a conspicuous place in the

2 facility for 5 working days or until the

3 deficiencies are corrected, whichever is

4 later;

5 (IV) require the contractor or li6 censee to bring the child care facility

7 and entity into compliance with the

8 requirements and certify to the head

9 of the agency that the facility and en10 tity are in compliance, based on an

11 onsite evaluation of the facility con12 ducted by an independent entity with

13 expertise in child care health and

14 safety; and

15 (V) in the event that deficiencies

16 determined by the Administrator to be

17 life threatening or to present a risk of

18 serious bodily harm cannot be cor19 rected within 2 business days after

20 the date of receipt of the notification,

21 close the child care facility, or the af22 fected portion of the facility, until

23 such deficiencies are corrected and no24 tify the Administrator of such closure,

25 which closure may be grounds for the
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•S 17 IS

1 immediate termination or suspension

2 of the contract or license of the con3 tractor or licensee.

4 (C) COST REIMBURSEMENT.—The Execu5 tive agency shall reimburse the Administrator

6 for the costs of carrying out subparagraph (A)

7 for child care facilities located in an executive

8 facility other than an executive facility of the

9 General Services Administration. If an entity is

10 sponsoring a child care facility for 2 or more

11 Executive agencies, the Administrator shall allo12 cate the costs of providing such reimbursement

13 with respect to the entity among the agencies in

14 a fair and equitable manner, based on the ex15 tent to which each agency is eligible to place

16 children in the facility.

17 (5) DISCLOSURE OF PRIOR VIOLATIONS TO PAR18 ENTS AND FACILITY EMPLOYEES.—The Adminis19 trator shall issue regulations that require that each

20 entity sponsoring a child care facility in an executive

21 facility, upon receipt by the child care facility or the

22 entity (as applicable) of a request by any individual

23 who is a parent of any child enrolled at the facility,

24 a parent of a child for whom an application has been
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•S 17 IS

1 submitted to enroll at the facility, or an employee of

2 the facility, shall provide to the individual—

3 (A) copies of all notifications of defi4 ciencies that have been provided in the past

5 with respect to the facility under clause (i)(III)

6 or (ii)(III), as applicable, of paragraph (4)(B);

7 and

8 (B) a description of the actions that were

9 taken to correct the deficiencies.

10 (c) LEGISLATIVE BRANCH STANDARDS AND COMPLI11 ANCE.—

12 (1) STATE AND LOCAL LICENSING REQUIRE13 MENTS, HEALTH, SAFETY, AND FACILITY STAND14 ARDS, AND ACCREDITATION STANDARDS.—

15 (A) IN GENERAL.—The Chief Administra16 tive Officer of the House of Representatives

17 shall issue regulations, approved by the Com18 mittee on House Oversight of the House of

19 Representatives, governing the operation of the

20 House of Representatives Child Care Center.

21 The Librarian of Congress shall issue regula22 tions, approved by the appropriate House and

23 Senate committees with jurisdiction over the Li24 brary of Congress, governing the operation of

25 the child care center located at the Library of
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•S 17 IS

1 Congress. Subject to paragraph (3), the head of

2 a designated entity in the Senate shall issue

3 regulations, approved by the Committee on

4 Rules and Administration of the Senate, gov5 erning the operation of the Senate Employees’

6 Child Care Center.

7 (B) STRINGENCY.—The regulations de8 scribed in subparagraph (A) shall be no less

9 stringent in content and effect than the require10 ments of subsection (b)(1) and the regulations

11 issued by the Administrator under paragraphs

12 (2) and (3) of subsection (b), except to the ex13 tent that appropriate administrative officers,

14 with the approval of the appropriate House or

15 Senate committees with oversight responsibility

16 for the centers, may jointly or independently de17 termine, for good cause shown and stated to18 gether with the regulations, that a modification

19 of such regulations would be more effective for

20 the implementation of the requirements and

21 standards described in paragraphs (1), (2), and

22 (3) of subsection (b) for child care facilities,

23 and entities sponsoring child care facilities, in

24 the corresponding legislative facilities.

25 (2) EVALUATION AND COMPLIANCE.—
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1 (A) ADMINISTRATION.—Subject to para2 graph (3), the Chief Administrative Officer of

3 the House of Representatives, the head of the

4 designated Senate entity, and the Librarian of

5 Congress, shall have the same authorities and

6 duties—

7 (i) with respect to the evaluation of,

8 compliance of, and cost reimbursement for

9 child care facilities, and entities sponsoring

10 child care facilities, in the corresponding

11 legislative facilities as the Administrator

12 has under subsection (b)(4) with respect to

13 the evaluation of, compliance of, and cost

14 reimbursement for such facilities and enti15 ties sponsoring such facilities, in executive

16 facilities; and

17 (ii) with respect to issuing regulations

18 requiring the entities sponsoring child care

19 facilities in the corresponding legislative fa20 cilities to provide notifications of defi21 ciencies and descriptions of corrective ac22 tions as the Administrator has under sub23 section (b)(5) with respect to issuing regu24 lations requiring the entities sponsoring

25 child care facilities in executive facilities to
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1 provide notifications of deficiencies and de2 scriptions of corrective actions.

3 (B) ENFORCEMENT.—Subject to para4 graph (3), the Committee on House Oversight

5 of the House of Representatives and the Com6 mittee on Rules and Administration of the Sen7 ate, as appropriate, shall have the same au8 thorities and duties with respect to the compli9 ance of and cost reimbursement for child care

10 facilities, and entities sponsoring child care fa11 cilities, in the corresponding legislative facilities

12 as the head of an Executive agency has under

13 subsection (b)(4) with respect to the compliance

14 of and cost reimbursement for such facilities

15 and entities sponsoring such facilities, in execu16 tive facilities.

17 (3) INTERIM STATUS.—Until such time as the

18 Committee on Rules and Administration of the Sen19 ate establishes, or the head of the designated Senate

20 entity establishes, standards described in paragraphs

21 (1), (2), and (3) of subsection (b) governing the op22 eration of the Senate Employees’ Child Care Center,

23 such facility shall maintain current accreditation sta24 tus.
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1 (d) JUDICIAL BRANCH STANDARDS AND COMPLI2 ANCE.—

3 (1) STATE AND LOCAL LICENSING REQUIRE4 MENTS, HEALTH, SAFETY, AND FACILITY STAND5 ARDS, AND ACCREDITATION STANDARDS.—The Di6 rector of the Administrative Office of the United

7 States Courts shall issue regulations for child care

8 facilities, and entities sponsoring child care facilities,

9 in judicial facilities, which shall be no less stringent

10 in content and effect than the requirements of sub11 section (b)(1) and the regulations issued by the Ad12 ministrator under paragraphs (2) and (3) of sub13 section (b), except to the extent that the Director

14 may determine, for good cause shown and stated to15 gether with the regulations, that a modification of

16 such regulations would be more effective for the im17 plementation of the requirements and standards de18 scribed in paragraphs (1), (2), and (3) of subsection

19 (b) for child care facilities, and entities sponsoring

20 child care facilities, in judicial facilities.

21 (2) EVALUATION AND COMPLIANCE.—

22 (A) DIRECTOR OF THE ADMINISTRATIVE

23 OFFICE OF THE UNITED STATES COURTS.—The

24 Director of the Administrative Office of the
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1 United States Courts shall have the same au2 thorities and duties—

3 (i) with respect to the evaluation of,

4 compliance of, and cost reimbursement for

5 child care facilities, and entities sponsoring

6 child care facilities, in judicial facilities as

7 the Administrator has under subsection

8 (b)(4) with respect to the evaluation of,

9 compliance of, and cost reimbursement for

10 such facilities and entities sponsoring such

11 facilities, in executive facilities; and

12 (ii) with respect to issuing regulations

13 requiring the entities sponsoring child care

14 facilities in the judicial facilities to provide

15 notifications of deficiencies and descrip16 tions of corrective actions as the Adminis17 trator has under subsection (b)(5) with re18 spect to issuing regulations requiring the

19 entities sponsoring child care facilities in

20 executive facilities to provide notifications

21 of deficiencies and descriptions of correc22 tive actions.

23 (B) HEAD OF A JUDICIAL OFFICE.—The

24 head of a judicial office shall have the same au25 thorities and duties with respect to the compli-
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1 ance of and cost reimbursement for child care

2 facilities, and entities sponsoring child care fa3 cilities, in judicial facilities as the head of an

4 Executive agency has under subsection (b)(4)

5 with respect to the compliance of and cost reim6 bursement for such facilities and entities spon7 soring such facilities, in executive facilities.

8 (e) APPLICATION.—Notwithstanding any other provi9 sion of this section, if 8 or more child care facilities are

10 sponsored in facilities owned or leased by an Executive

11 agency, the Administrator shall delegate to the head of

12 the agency the evaluation and compliance responsibilities

13 assigned to the Administrator under subsection (b)(4)(A).

14 (f) TECHNICAL ASSISTANCE, STUDIES, AND RE15 VIEWS.—The Administrator may provide technical assist16 ance, and conduct and provide the results of studies and

17 reviews, for Executive agencies, and entities sponsoring

18 child care facilities in executive facilities, on a reimburs19 able basis, in order to assist the entities in complying with

20 this section. The Chief Administrative Officer of the

21 House of Representatives, the Librarian of Congress, the

22 head of the designated Senate entity described in sub23 section (c), and the Director of the Administrative Office

24 of the United States Courts may provide technical assist25 ance, and conduct and provide the results of studies and
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1 reviews, or request that the Administrator provide tech2 nical assistance, and conduct and provide the results of

3 studies and reviews, for the corresponding legislative of4 fices and judicial offices, and entities operating child care

5 facilities in the corresponding legislative facilities and judi6 cial facilities, on a reimbursable basis, in order to assist

7 the entities in complying with this section.

8 (g) COUNCIL.—The Administrator shall establish an

9 interagency council, comprised of representatives of all

10 Executive agencies that are entities sponsoring child care

11 facilities, a representative of the Chief Administrative Of12 ficer of the House of Representatives, a representative of

13 the designated Senate entity described in subsection (c),

14 a representative of the Librarian of Congress, and a rep15 resentative of the Administrative Office of the United

16 States Courts, to facilitate cooperation and sharing of best

17 practices, and to develop and coordinate policy, regarding

18 the provision of child care, including the provision of areas

19 for nursing mothers and other lactation support facilities

20 and services, in the Federal Government.

21 (h) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated to carry out this section

23 $900,000 for fiscal year 2000 and such sums as may be

24 necessary for each subsequent fiscal year.
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1 SEC. 603. CHILD CARE SERVICES FOR FEDERAL EMPLOY2 EES.

3 (a) IN GENERAL.—In addition to services authorized

4 to be provided by an agency of the United States pursuant

5 to section 616 of Public Law 100–202 (40 U.S.C. 490b),

6 an Executive agency that provides or proposes to provide

7 child care services for Federal employees may use agency

8 funds to provide the child care services, in a facility that

9 is owned or leased by an Executive agency, or through

10 a contractor, for civilian employees of such agency.

11 (b) AFFORDABILITY.—Funds so used with respect to

12 any such facility or contractor shall be applied to improve

13 the affordability of child care for lower income Federal

14 employees using or seeking to use the child care services

15 offered by such facility or contractor.

16 (c) REGULATIONS.—The Director of the Office of

17 Personnel Management, and the Administrator of the

18 General Services Administration, shall, within 180 days

19 after the date of enactment of this Act, jointly issue regu20 lations necessary to carry out this section.

21 (d) DEFINITION.—For purposes of this section, the

22 term ‘‘Executive agency’’ has the meaning given the term

23 in section 105 of title 5, United States Code, but does

24 not include the General Accounting Office.
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1 SEC. 604. MISCELLANEOUS PROVISIONS RELATING TO

2 CHILD CARE PROVIDED BY FEDERAL AGEN3 CIES.

4 (a) AVAILABILITY OF FEDERAL CHILD CARE CEN5 TERS FOR ONSITE CONTRACTORS; PERCENTAGE GOAL.—

6 Section 616(a) of Public Law 100–202 (40 U.S.C.

7 490b(a)) is amended—

8 (1) in subsection (a), by striking paragraphs

9 (2) and (3) and inserting the following:

10 ‘‘(2) such officer or agency determines that

11 such space will be used to provide child care and re12 lated services to—

13 ‘‘(A) children of Federal employees or on14 site Federal contractors; or

15 ‘‘(B) dependent children who live with

16 Federal employees or onsite Federal contrac17 tors; and

18 ‘‘(3) such officer or agency determines that

19 such individual or entity will give priority for avail20 able child care and related services in such space to

21 Federal employees and onsite Federal contractors.’’;

22 and

23 (2) by adding at the end the following:

24 ‘‘(e)(1)(A) The Administrator of General Services

25 shall confirm that at least 50 percent of aggregate enroll26 ment in Federal child care centers governmentwide are
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1 children of Federal employees or onsite Federal contrac2 tors, or dependent children who live with Federal employ3 ees or onsite Federal contractors.

4 ‘‘(B) Each provider of child care services at an indi5 vidual Federal child care center shall maintain 50 percent

6 of the enrollment at the center of children described under

7 subparagraph (A) as a goal for enrollment at the center.

8 ‘‘(C) If enrollment at a center does not meet the per9 centage goal under subparagraph (B), the provider shall

10 develop and implement a business plan with the sponsor11 ing Federal agency to achieve the goal within a reasonable

12 timeframe. Such plan shall be approved by the Adminis13 trator of General Services based on—

14 ‘‘(i) compliance of the plan with standards es15 tablished by the Administrator; and

16 ‘‘(ii) the effect of the plan on achieving the ag17 gregate Federal enrollment percentage goal.

18 ‘‘(2) The Administrator of General Services Adminis19 tration may enter into public-private partnerships or con20 tracts with nongovernmental entities to increase the ca21 pacity, quality, affordability, or range of child care and

22 related services and may, on a demonstration basis, waive

23 subsection (a)(3) and paragraph (1) of this subsection.’’.
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1 (b) PAYMENT OF COSTS OF TRAINING PROGRAMS.—

2 Section 616(b)(3) of such Public Law (40 U.S.C.

3 490b(b)(3)) is amended to read as follows:

4 ‘‘(3) If an agency has a child care facility in its space,

5 or is a sponsoring agency for a child care facility in other

6 Federal or leased space, the agency or the General Serv7 ices Administration may pay accreditation fees, including

8 renewal fees, for that center to be accredited. Any agency,

9 department, or instrumentality of the United States that

10 provides or proposes to provide child care services for chil11 dren referred to in subsection (a)(2), may reimburse any

12 Federal employee or any person employed to provide such

13 services for the costs of training programs, conferences,

14 and meetings and related travel, transportation, and sub15 sistence expenses incurred in connection with those activi16 ties. Any per diem allowance made under this section shall

17 not exceed the rate specified in regulations prescribed

18 under section 5707 of title 5, United States Code.’’.

19 (c) PROVISION OF CHILD CARE BY PRIVATE ENTI20 TIES.—Section 616(d) of such Public Law (40 U.S.C.

21 490b(d)) is amended to read as follows:

22 ‘‘(d)(1) If a Federal agency has a child care facility

23 in its space, or is a sponsoring agency for a child care

24 facility in other Federal or leased space, the agency, the

25 child care center board of directors, or the General Serv-
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1 ices Administration may enter into an agreement with 1

2 or more private entities under which such private entities

3 would assist in defraying the general operating expenses

4 of the child care providers including salaries and tuition

5 assistance programs at the facility.

6 ‘‘(2)(A) Notwithstanding any other provision of law,

7 if a Federal agency does not have a child care program,

8 or if the Administrator of General Services has identified

9 a need for child care for Federal employees at an agency

10 providing child care services that do not meet the require11 ments of subsection (a), the agency or the Administrator

12 may enter into an agreement with a non-Federal, licensed,

13 and accredited child care facility, or a planned child care

14 facility that will become licensed and accredited, for the

15 provision of child care services for children of Federal em16 ployees.

17 ‘‘(B) Before entering into an agreement, the head of

18 the Federal agency shall determine that child care services

19 to be provided through the agreement are more cost effec20 tively provided through such arrangement than through

21 establishment of a Federal child care facility.

22 ‘‘(C) The agency may provide any of the services de23 scribed in subsection (b)(3) if, in exchange for such serv24 ices, the facility reserves child care spaces for children re25 ferred to in subsection (a)(2), as agreed to by the parties.
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1 The cost of any such services provided by an agency to

2 a child care facility on behalf of another agency shall be

3 reimbursed by the receiving agency.

4 ‘‘(3) This subsection does not apply to residential

5 child care programs.’’.

6 (d) PILOT PROJECTS.—Section 616 of such Public

7 Law (40 U.S.C. 490b) is further amended by adding at

8 the end the following:

9 ‘‘(f)(1) Upon approval of the agency head, an agency

10 may conduct a pilot project not otherwise authorized by

11 law for no more than 2 years to test innovative approaches

12 to providing alternative forms of quality child care assist13 ance for Federal employees. An agency head may extend

14 a pilot project for an additional 2-year period. Before any

15 pilot project may be implemented, a determination shall

16 be made by the agency head that initiating the pilot

17 project would be more cost-effective than establishing a

18 new child care facility. Costs of any pilot project shall be

19 borne solely by the agency conducting the pilot project.

20 ‘‘(2) The Administrator of General Services shall

21 serve as an information clearinghouse for pilot projects

22 initiated by other agencies to disseminate information con23 cerning the pilot projects to the other agencies.

24 ‘‘(3) Within 6 months after completion of the initial

25 2-year pilot project period, an agency conducting a pilot
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1 project under this subsection shall provide for an evalua2 tion of the impact of the project on the delivery of child

3 care services to Federal employees, and shall submit the

4 results of the evaluation to the Administrator of General

5 Services. The Administrator shall share the results with

6 other Federal agencies.’’.

7 (e) BACKGROUND CHECK.—Section 616 of such Pub8 lic Law (40 U.S.C. 490b) is further amended by adding

9 at the end the following:

10 ‘‘(g) Each child care center located in a federally

11 owned or leased facility shall ensure that each employee

12 of such center (including any employee whose employment

13 began before the date of enactment of this subsection)

14 shall undergo a criminal history background check consist15 ent with section 231 of the Crime Control Act of 1990

16 (42 U.S.C. 13041).’’.

17 SEC. 605. REQUIREMENT TO PROVIDE LACTATION SUP18 PORT IN NEW FEDERAL CHILD CARE FACILI19 TIES.

20 (a) DEFINITIONS.—In this section, the terms ‘‘Fed21 eral agency’’, ‘‘executive facility’’, ‘‘judicial facility’’, and

22 ‘‘legislative facility’’ have the meanings given the terms

23 in section 602.

24 (b) LACTATION SUPPORT.—The head of each Federal

25 agency shall require that each child care facility in an ex-
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1 ecutive facility or a legislative facility that is first operated

2 after the 1-year period beginning on the date of enactment

3 of this Act by the Federal agency, or under a contract

4 or licensing agreement with the Federal agency, shall pro5 vide reasonable accommodations for the needs of breast6 fed infants and their mothers, including providing a lacta7 tion area or a room for nursing mothers in part of the

8 operating plan for the facility.

9 SEC. 606. FEDERAL CHILD CARE EVALUATION.

10 (a) DEFINITIONS.—In this section, the terms ‘‘execu11 tive facility’’, ‘‘judicial facility’’, and ‘‘legislative facility’’

12 have the meanings given the terms in section 602.

13 (b) EVALUATION.—Not later than 1 year after the

14 date of enactment of this Act, the Administrator of the

15 General Services Administration and the Director of the

16 Office of Personnel Management, shall jointly prepare and

17 submit to Congress a report that contains an evaluation,

18 including—

19 (1) information on the number of children uti20 lizing child care in an executive facility, legislative

21 facility, or judicial facility, including such children

22 who are age 6 through 12, analyzed by age;

23 (2) information on the number of families not

24 utilizing child care described in paragraph (1) be25 cause of cost; and
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1 (3) recommendations for improving the quality

2 and cost effectiveness of child care described in

3 paragraph (1), including options for creating an op4 timal organizational structure and best practices for

5 the delivery of such child care.

Æ