I
105TH CONGRESS
1ST SESSION
H. R. 2839
To improve the quality of child care provided through Federal facilities
and programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 6, 1997
Mr. GILMAN introduced the following bill; which was referred to the Commit-
tee on Government Reform and Oversight, and in addition to the Com-
mittees on House Oversight, the Judiciary, Ways and Means, and Bank-
ing and Financial Services, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To improve the quality of child care provided through
Federal facilities and programs, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Quality Child Care
for Federal Employees Act’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) ACCREDITED
CHILD
CARE
CENTER.—The
term ‘‘accredited child care center’’ means—
(A) a center that is accredited, by a child
care credentialing or accreditation entity recog-
nized by a State, to provide child care to chil-
dren in the State (except children who a tribal
organization elects to serve through a center de-
scribed in subparagraph (B));
(B) a center that is accredited, by a child
care credentialing or accreditation entity recog-
nized by a tribal organization, to provide child
care for children served by the tribal organiza-
tion;
(C) a center that is used as a Head Start
center under the Head Start Act (42 U.S.C.
9831 et seq.) and is in compliance with any ap-
plicable performance standards established by
regulation under such Act for Head Start pro-
grams; or
(D) a military child development center (as
defined in section 1798(1) of title 10, United
States Code).
(2) CHILD CARE CREDENTIALING OR ACCREDI-
TATION ENTITY.—The term ‘‘child care credentialing
or accreditation entity’’ means a nonprofit private
organization or public agency that—
(A) is recognized by a State agency or trib-
al organization; and
(B) accredits a center or credentials an in-
dividual to provide child care on the basis of—
(i) an accreditation or credentialing
instrument based on peer-validated re-
search;
(ii) compliance with applicable State
and local licensing requirements, or stand-
ards described in section 658E(c)(2)(E)(ii)
of the Child Care and Development Block
Grant Act (42 U.S.C. 9858c(c)(2)(E)(ii)),
as appropriate, for the center or individual;
(iii) outside monitoring of the center
or individual; and
(iv) criteria that provide assurances
of—
(I) compliance with age-appro-
priate health and safety standards at
the center or by the individual;
(II) use of age-appropriate devel-
opmental and educational activities, as
an integral part of the child care pro-
gram carried out at the center or by
the individual; and
(III) use of ongoing staff devel-
opment or training activities for the
staff of the center or the individual,
including related skills-based testing.
(3) CREDENTIALED
CHILD
CARE
PROFES-
SIONAL.—The term ‘‘credentialed child care profes-
sional’’ means—
(A) an individual who is credentialed, by a
child care credentialing or accreditation entity
recognized by a State, to provide child care to
children in the State (except children who a
tribal organization elects to serve through an
individual described in subparagraph (B)); or
(B) an individual who is credentialed, by a
child care credentialing or accreditation entity
recognized by a tribal organization, to provide
child care for children served by the tribal orga-
nization.
(4) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 658P of the Child Care
and Development Block Grant Act (42 U.S.C.
9858n).
SEC. 3. PROVIDING QUALITY CHILD CARE IN FEDERAL FA-
CILITIES.
(a) DEFINITION.—In this section:
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of General Serv-
ices.
(2) ENTITY SPONSORING A CHILD CARE CEN-
TER.—The term ‘‘entity sponsoring a child care cen-
ter’’ means a Federal agency that operates, or an
entity that enters into a contract or licensing agree-
ment with a Federal agency to operate, a child care
center.
(3) EXECUTIVE AGENCY.—The term ‘‘Executive
agency’’ has the meaning given the term in section
105 of title 5, United States Code, except that the
term—
(A) does not include the Department of
Defense; and
(B) includes the General Services Adminis-
tration, with respect to the administration of a
facility described in paragraph (4)(B).
(4) EXECUTIVE FACILITY.—The term ‘‘execu-
tive facility’’—
(A) means a facility that is owned or
leased by an Executive agency; and
(B) includes a facility that is owned or
leased by the General Services Administration
on behalf of a judicial office.
(5) FEDERAL
AGENCY.—The term ‘‘Federal
agency’’ means an Executive agency, a judicial of-
fice, or a legislative office.
(6) JUDICIAL FACILITY.—The term ‘‘judicial fa-
cility’’ means a facility that is owned or leased by a
judicial office (other than a facility that is also a fa-
cility described in paragraph (4)(B)).
(7) JUDICIAL OFFICE.—The term ‘‘judicial of-
fice’’ means an entity of the judicial branch of the
Federal Government.
(8) LEGISLATIVE FACILITY.—The term ‘‘legisla-
tive facility’’ means a facility that is owned or leased
by a legislative office.
(9) LEGISLATIVE OFFICE.—The term ‘‘legisla-
tive office’’ means an entity of the legislative branch
of the Federal Government.
(b) EXECUTIVE BRANCH STANDARDS AND COMPLI-
ANCE.—
(1) STATE
AND
LOCAL
LICENSING
REQUIRE-
MENTS.—
(A) IN GENERAL.—Any entity sponsoring
a child care center in an executive facility
shall—
(i) obtain the appropriate State and
local licenses for the center; and
(ii) in a location where the State or
locality does not license executive facilities,
comply with the appropriate State and
local licensing requirements related to the
provision of child care.
(B) COMPLIANCE.—Not later than 6
months after the date of enactment of this
Act—
(i) the entity shall comply, or make
substantial progress (as determined by the
Administrator) toward complying, with
subparagraph (A); and
(ii) any contract or licensing agree-
ment used by an Executive agency for the
operation of such a child care center shall
include a condition that the child care be
provided by an entity that complies with
the appropriate State and local licensing
requirements related to the provision of
child care.
(2) HEALTH, SAFETY, AND FACILITY STAND-
ARDS.—The Administrator shall by regulation estab-
lish standards relating to health, safety, facilities, fa-
cility design, and other aspects of child care that the
Administrator determines to be appropriate for child
care centers in executive facilities, and require child
care centers, and entities sponsoring child care cen-
ters, in executive facilities to comply with the stand-
ards.
(3) ACCREDITATION STANDARDS.—
(A) IN
GENERAL.—The Administrator
shall issue regulations requiring, to the maxi-
mum extent possible, any entity sponsoring an
eligible child care center (as defined by the Ad-
ministrator) in an executive facility to comply
with child care center accreditation standards
issued by a nationally recognized accreditation
organization approved by the Administrator.
(B) COMPLIANCE.—The regulations shall
require that, not later than 3 years after the
date of enactment of this Act—
(i) the entity shall comply, or make
substantial progress (as determined by the
Administrator) toward complying, with the
standards; and
(ii) any contract or licensing agree-
ment used by an Executive agency for the
operation of such a child care center shall
include a condition that the child care be
provided by an entity that complies with
the standards.
(C) CONTENTS.—The standards shall base
accreditation on—
(i) an accreditation instrument de-
scribed in section 2(2)(B);
(ii) outside monitoring described in
section 2(2)(B), by—
(I) the Administrator; or
(II) a child care credentialing or
accreditation entity, or other entity,
with which the Administrator enters
into a contract to provide such mon-
itoring; and
(iii) the criteria described in section
2(2)(B).
(4) EVALUATION AND COMPLIANCE.—
(A) IN
GENERAL.—The Administrator
shall evaluate the compliance, with the require-
ments of paragraph (1) and the regulations is-
sued pursuant to paragraphs (2) and (3), of
child care centers, and entities sponsoring child
care centers, in executive facilities. The Admin-
istrator may conduct the evaluation of such a
child care center or entity directly, or through
an agreement with another Federal agency or
private entity, other than the Federal agency
for which the child care center is providing
services. If the Administrator determines, on
the basis of such an evaluation, that the child
care center or entity is not in compliance with
the requirements, the Administrator shall notify
the Executive agency.
(B) EFFECT OF NONCOMPLIANCE.—On re-
ceipt of the notification of noncompliance issued
by the Administrator, the head of the Executive
agency shall—
(i) if the entity operating the child
care center is the agency—
(I) within 2 business days after
the date of receipt of the notification
correct any deficiencies that are deter-
mined by the Administrator to be life
threatening or to present a risk of se-
rious bodily harm;