(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
provision of child care services in the child
care facility shall include a condition that
the child care be provided by an entity that
complies with the standards described in
subparagraph (A)(i) or obtains the licenses
described in subparagraph (A)(ii).
(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 in executive facilities, and require child care fa-
cilities, and entities sponsoring child care facilities,
in executive facilities to comply with the standards.
The standards shall include requirements that child
care facilities be inspected for, and be free of, lead
hazards.
(3) ACCREDITATION STANDARDS.—
(A) IN
GENERAL.—The Administrator
shall issue regulations requiring, to the max-
imum extent possible, any entity sponsoring an
eligible child care facility (as defined by the Ad-
ministrator) in an executive facility to comply
with standards of a child care accreditation en-
tity.
(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
provision of child care services in the child
care facility shall include a condition that
the child care be provided by an entity that
complies with the standards.
(4) EVALUATION AND COMPLIANCE.—
(A) IN
GENERAL.—The Administrator
shall evaluate the compliance, with the require-
ments of paragraph (1) and the regulations
issued pursuant to paragraphs (2) and (3), as
appropriate, of child care facilities, and entities
sponsoring child care facilities, in executive fa-
cilities. The Administrator may conduct the
evaluation of such a child care facility or entity
directly, or through an agreement with another
Federal agency or private entity, other than the
Federal agency for which the child care facility
is providing services. If the Administrator de-
termines, on the basis of such an evaluation,
that the child care facility or entity is not in
compliance with the requirements, the Adminis-
trator 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 facility is the agency—
(I) not later than 2 business days
after the date of receipt of the notifi-
cation, correct any deficiencies that
are determined by the Administrator
to be life threatening or to present a
risk of serious bodily harm;
(II) not later than 4 months
after the date of receipt of the notifi-
cation, develop and provide to the Ad-
ministrator a plan to correct any
other deficiencies in the operation of
the facility and bring the facility and
entity into compliance with the re-
quirements;
(III) provide the parents of the
children receiving child care services
at the child care facility and employ-
ees of the facility with a notification
detailing the deficiencies described in
subclauses (I) and (II) and actions
that will be taken to correct the defi-
ciencies, and post a copy of the notifi-
cation in a conspicuous place in the
facility for 5 working days or until the
deficiencies are corrected, whichever is
later;
(IV) bring the child care facility
and entity into compliance with the
100
requirements and certify to the Ad-
ministrator that the facility and entity
are in compliance, based on an onsite
evaluation of the facility conducted by
an individual with expertise in child
care health and safety; and
(V) in the event that deficiencies
determined by the Administrator to be
life threatening or to present a risk of
serious bodily harm cannot be cor-
rected within 2 business days after
the date of receipt of the notification,
close the child care facility, or the af-
fected portion of the facility, until the
deficiencies are corrected and notify
the Administrator of the closure; and
(ii) if the entity operating the child
care facility is a contractor or licensee of
the Executive agency—
(I) require the contractor or li-
censee, not later than 2 business days
after the date of receipt of the notifi-
cation, to correct any deficiencies that
are determined by the Administrator
101
to be life threatening or to present a
risk of serious bodily harm;
(II) require the contractor or li-
censee, not later than 4 months after
the date of receipt of the notification,
to develop and provide to the head of
the agency a plan to correct any other
deficiencies in the operation of the
child care facility and bring the facil-
ity and entity into compliance with
the requirements;
(III) require the contractor or li-
censee to provide the parents of the
children receiving child care services
at the child care facility and employ-
ees of the facility with a notification
detailing the deficiencies described in
subclauses (I) and (II) and actions
that will be taken to correct the defi-
ciencies, and to post a copy of the no-
tification in a conspicuous place in the
facility for 5 working days or until the
deficiencies are corrected, whichever is
later;
102
(IV) require the contractor or li-
censee to bring the child care facility
and entity into compliance with the
requirements and certify to the head
of the agency that the facility and en-
tity are in compliance, based on an
onsite evaluation of the facility con-
ducted by an independent entity with
expertise in child care health and
safety; and
(V) in the event that deficiencies
determined by the Administrator to be
life threatening or to present a risk of
serious bodily harm cannot be cor-
rected within 2 business days after
the date of receipt of the notification,
close the child care facility, or the af-
fected portion of the facility, until the
deficiencies are corrected and notify
the Administrator of the closure,
which closure may be grounds for the
immediate termination or suspension
of the contract or license of the con-
tractor or licensee.
103
(C) COST REIMBURSEMENT.—The Execu-
tive agency shall reimburse the Administrator
for the costs of carrying out subparagraph (A)
for child care facilities located in an executive
facility other than an executive facility of the
General Services Administration. If an entity is
sponsoring a child care facility for 2 or more
Executive agencies, the Administrator shall allo-
cate the reimbursement costs with respect to
the entity among the agencies in a fair and eq-
uitable manner, based on the extent to which
each agency is eligible to place children in the
facility.
(5) DISCLOSURE OF PRIOR VIOLATIONS TO PAR-
ENTS AND FACILITY EMPLOYEES.—
(A) IN
GENERAL.—The Administrator
shall issue regulations that require that each
entity sponsoring a child care facility in an ex-
ecutive facility, upon receipt by the child care
facility or the entity (as applicable) of a request
by any individual who is—
(i) a parent of any child enrolled at
the facility;
104
(ii) a parent of a child for whom an
application has been submitted to enroll at
the facility; or
(iii) an employee of the facility;
shall provide to the individual the copies and
description described in subparagraph (B).
(B) COPIES AND DESCRIPTION.—The enti-
ty shall provide—
(i) copies of all notifications of defi-
ciencies that have been provided in the
past with respect to the facility under
clause (i)(III) or (ii)(III), as applicable, of
paragraph (4)(B); and
(ii) a description of the actions that
were taken to correct the deficiencies.
(b) LEGISLATIVE FACILITIES.—
(1) ACCREDITATION.—The Chief Administra-
tive Officer of the House of Representatives, the Li-
brarian of Congress, and the head of a designated
entity in the Senate shall ensure that, not later than
1 year after the date of enactment of this Act, the
corresponding child care facility obtains accredita-
tion by a child care accreditation entity, in accord-
ance with the accreditation standards of the entity.
(2) REGULATIONS.—
105
(A) IN
GENERAL.—If the corresponding
child care facility does not maintain accredita-
tion status with a child care accreditation enti-
ty, the Chief Administrative Officer of the
House of Representatives, the Librarian of Con-
gress, or the head of the designated entity in
the Senate shall issue regulations governing the
operation of the corresponding child care facil-
ity, to ensure the safety and quality of care of
children placed in the facility. The regulations
shall be no less stringent in content and effect
than the requirements of subsection (a)(1) and
the regulations issued by the Administrator
under paragraphs (2) and (3) of subsection (a),
except to the extent that appropriate adminis-
trative officers make the determination de-
scribed in subparagraph (B).
(B) MODIFICATION
MORE
EFFECTIVE.—
The determination referred to in subparagraph
(A) is a determination, for good cause shown
and stated together with the regulations, that a
modification of the regulations would be more
effective for the implementation of the require-
ments and standards described in subsection (a)
for the corresponding child care facilities, and
111
(2) information on the number of families not
using child care described in subsection (a) because
of the cost of the child care; and
(3) recommendations for improving the quality
and cost effectiveness of child care described in sub-
section (a), including recommendations of options
for creating an optimal organizational structure and
using best practices for the delivery of the child
care.
SEC. 505. CHILD CARE SERVICES FOR FEDERAL EMPLOY-
EES.
(a) IN GENERAL.—In addition to services authorized
to be provided by an agency of the United States pursuant
to section 616 of the Act of December 22, 1987 (40
U.S.C. 490b), an Executive agency that provides or pro-
poses to provide child care services for Federal employees
may use agency funds to provide the child care services,
in a facility that is owned or leased by an Executive agen-
cy, or through a contractor, for civilian employees of the
agency.
(b) AFFORDABILITY.—Funds so used with respect to
any such facility or contractor shall be applied to improve
the affordability of child care for lower income Federal
employees using or seeking to use the child care services
offered by the facility or contractor.