133
HR 2490 EAS
(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 em-
ployees using or seeking to use the child care services offered
by the facility or contractor.
(c) REGULATIONS.—The Administrator after consulta-
tion with the Director of the Office of Personnel Manage-
ment, shall, within 180 days after the date of enactment
of this Act, issue regulations necessary to carry out this sec-
tion.
(d) DEFINITION.—For purposes of this section, the
term ‘‘Executive agency’’ has the meaning given the term
by section 105 of title 5, United States Code, but does not
include the General Accounting Office.
SEC. 706. MISCELLANEOUS PROVISIONS RELATING TO
CHILD CARE PROVIDED BY FEDERAL AGENCIES. (a) AVAIL-
ABILITY OF FEDERAL CHILD CARE CENTERS FOR ONSITE
CONTRACTORS; PERCENTAGE GOAL.—Section 616 of the
Act of December 22, 1987 (40 U.S.C. 490b) is amended—
(1) in subsection (a)—
(A) by striking ‘‘officer or agency of the
United States’’ and inserting ‘‘Federal agency or
officer of a Federal agency’’; and
(B) by striking paragraphs (2) and (3) and
inserting the following:
134
HR 2490 EAS
‘‘(2) the officer or agency determines that the
space will be used to provide child care and related
services to—
‘‘(A) children of Federal employees or onsite
Federal contractors; or
‘‘(B) dependent children who live with Fed-
eral employees or onsite Federal contractors; and
‘‘(3) the officer or agency determines that the in-
dividual or entity will give priority for available
child care and related services in the space to Federal
employees and onsite Federal contractors.’’; and
(2) by adding at the end the following:
‘‘(e)(1)(A) The Administrator of General Services shall
confirm that at least 50 percent of aggregate enrollment in
Federal child care centers governmentwide are children of
Federal employees or onsite Federal contractors, or depend-
ent children who live with Federal employees or onsite Fed-
eral contractors.
‘‘(B) Each provider of child care services at an indi-
vidual Federal child care center shall maintain 50 percent
of the enrollment at the center of children described under
subparagraph (A) as a goal for enrollment at the center.
‘‘(C)(i) If enrollment at a center does not meet the per-
centage goal under subparagraph (B), the provider shall de-
velop and implement a business plan with the sponsoring
135
HR 2490 EAS
Federal agency to achieve the goal within a reasonable time-
frame.
‘‘(ii) The plan shall be approved by the Administrator
of General Services based on—
‘‘(I) compliance of the plan with standards es-
tablished by the Administrator; and
‘‘(II) the effect of the plan on achieving the ag-
gregate Federal enrollment percentage goal.
‘‘(2) The Administrator of General Services Adminis-
tration may enter into public-private partnerships or con-
tracts with nongovernmental entities to increase the capac-
ity, quality, affordability, or range of child care and related
services and may, on a demonstration basis, waive sub-
section (a)(3) and paragraph (1) of this subsection.’’.
(b) PAYMENT OF COSTS OF TRAINING PROGRAMS.—
Section 616(b)(3) of such Act (40 U.S.C. 490b(b)(3)) is
amended to read as follows:
‘‘(3) If a Federal agency has a child care facility in
a Federal space, or is a sponsoring agency for a child care
facility in a Federal space, the agency or the General Serv-
ices Administration may pay accreditation fees, including
renewal fees, for that center to be accredited. Any Federal
agency that provides or proposes to provide child care serv-
ices for children referred to in subsection (a)(2), may reim-
burse any Federal employee or any person employed to pro-
136
HR 2490 EAS
vide the services for the costs of training programs, con-
ferences, and meetings and related travel, transportation,
and subsistence expenses incurred in connection with those
activities. Any per diem allowance made under this section
shall not exceed the rate specified in regulations prescribed
under section 5707 of title 5, United States Code.’’.
(c) TECHNICAL
AND CONFORMING AMENDMENTS.—
Section 616(c) of such Act (40 U.S.C. 490b(c)) is
amended—
(1) by inserting ‘‘Federal’’ before ‘‘child care cen-
ters’’; and
(2) by striking ‘‘Federal workers’’ and inserting
‘‘Federal employees’’.
(d) PROVISION OF CHILD CARE BY PRIVATE ENTI-
TIES.—Section 616(d) of such Act (40 U.S.C. 490b(d)) is
amended to read as follows:
‘‘(d)(1) If a Federal agency has a child care facility
in a Federal space, or is a sponsoring agency for a child
care facility in a Federal space, the agency, the child care
center board of directors, or the General Services Adminis-
tration may enter into an agreement with 1 or more private
entities under which the private entities would assist in de-
fraying the general operating expenses of the child care pro-
viders including salaries and tuition assistance programs
at the facility.
137
HR 2490 EAS
‘‘(2)(A) Notwithstanding any other provision of law,
if a Federal agency does not have a child care program,
or if the Administrator of General Services has identified
a need for child care for Federal employees at a Federal
agency providing child care services that do not meet the
requirements of subsection (a), the agency or the Adminis-
trator may enter into an agreement with a non-Federal,
licensed, and accredited child care facility, or a planned
child care facility that will become licensed and accredited,
for the provision of child care services for children of Fed-
eral employees.
‘‘(B) Before entering into an agreement, the head of
the Federal agency shall determine that child care services
to be provided through the agreement are more cost effec-
tively provided through the arrangement than through es-
tablishment of a Federal child care facility.
‘‘(C) The Federal agency may provide any of the serv-
ices described in subsection (b)(3) if, in exchange for the
services, the facility reserves child care spaces for children
referred to in subsection (a)(2), as agreed to by the parties.
The cost of any such services provided by a Federal agency
to a Federal child care facility on behalf of another Federal
agency shall be reimbursed by the receiving agency.
‘‘(3) This subsection does not apply to residential child
care programs.’’.
138
HR 2490 EAS
(e) PILOT PROJECTS.—Section 616 of such Act (40
U.S.C. 490b) is further amended by adding at the end the
following:
‘‘(f)(1) Upon approval of the agency head, a Federal
agency may conduct a pilot project not otherwise authorized
by law for no more than 2 years to test innovative ap-
proaches to providing alternative forms of quality child care
assistance for Federal employees. A Federal agency head
may extend a pilot project for an additional 2-year period.
Before any pilot project may be implemented, a determina-
tion shall be made by the agency head that initiating the
pilot project would be more cost-effective than establishing
a new Federal child care facility. Costs of any pilot project
shall be paid solely by the agency conducting the pilot
project.
‘‘(2) The Administrator of General Services shall serve
as an information clearinghouse for pilot projects initiated
by other Federal agencies to disseminate information con-
cerning the pilot projects to the other Federal agencies.
‘‘(3) Within 6 months after completion of the initial
2-year pilot project period, a Federal agency conducting a
pilot project under this subsection shall provide for an eval-
uation of the impact of the project on the delivery of child
care services to Federal employees, and shall submit the re-
sults of the evaluation to the Administrator of General Serv-