I
105TH CONGRESS
1ST SESSION
H. R. 2982
To improve the quality of child care provided through Federal facilities
and programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 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 and the Judiciary, for a period to be subse-
quently 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 5 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;
(II) develop and provide to the
Administrator a plan to correct any
other deficiencies in the operation of
the center and bring the center and
entity into compliance with the re-
quirements not later than 4 months
after the date of receipt of the notifi-
cation;
(III) provide the parents of the
children receiving child care services
at the center with a notification de-
tailing the deficiencies described in
subclauses (I) and (II) and actions
that will be taken to correct the defi-
ciencies;
(IV) bring the center and entity
into compliance with the requirements
and certify to the Administrator that
the center and entity are in compli-
ance, based on an on-site evaluation
of the center conducted by an inde-
pendent 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 center until such deficiencies
are corrected and notify the Adminis-
trator of such closure; and
(ii) if the entity operating the child
care center is a contractor or licensee of
the Executive agency—
(I) require the contractor or li-
censee within 2 business days after
the date of receipt of the notification,
to correct any deficiencies that are de-
termined by the Administrator to be
life threatening or to present a risk of
serious bodily harm:
(II) require the contractor or li-
censee to develop and provide to the
head of the agency a plan to correct
any other deficiencies in the operation
of the center and bring the center and
entity into compliance with the re-
quirements not later than 4 months
after the date of receipt of the notifi-
cation;
(III) require the contractor or li-
censee to provide the parents of the
children receiving child care services
at the center with a notification de-
tailing the deficiencies described in
subclauses (I) and (II) and actions
that will be taken to correct the defi-
ciencies;
(IV) require the contractor or li-
censee to bring the center and entity
into compliance with the requirements
and certify to the head of the agency
that the center and entity are in com-
pliance, based on an on-site evaluation
of the center conducted by an inde-
pendent 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 center until such deficiencies
are corrected and notify the Adminis-
trator of such closure, which closure
shall be grounds for the immediate
termination or suspension of the con-
tract or license of the contractor or li-
censee.
(C) COST REIMBURSEMENT.—The Execu-
tive agency shall reimburse the Administrator
for the costs of carrying out subparagraph (A)
for child care centers located in an executive fa-
cility other than an executive facility of the
General Services Administration. If an entity is
sponsoring a child care center for 2 or more
Executive agencies, the Administrator shall allo-
cate the costs of providing such reimbursement
with respect to the entity among the agencies in
a fair and equitable manner, based on the ex-
tent to which each agency is eligible to place
children in the center.
(c) LEGISLATIVE BRANCH STANDARDS AND COMPLI-
ANCE.—
(1) STATE
AND
LOCAL
LICENSING
REQUIRE-
MENTS, HEALTH, SAFETY, AND
FACILITY
STAND-
ARDS, AND ACCREDITATION STANDARDS.—The Ar-
chitect of the Capitol shall issue regulations ap-
proved by the administrative officers of the House,
Senate, and all other Federal agencies, minus the
Department of Defense for child care centers, and
entities sponsoring child care centers, in legislative
facilities, which shall be no less stringent in content
and effect than the requirements of subsection
(b)(1) and the regulations issued by the Adminis-
trator under paragraphs (2) and (3) of subsection
(b), except to the extent that the Architect approved
by the administrative officers of the House, Senate,
and all other Federal agencies, minus the Depart-
ment of Defense may determine, for good cause
shown and stated together with the regulations, that
a modification of such regulations would be more ef-
fective for the implementation of the requirements
and standards described in paragraphs (1), (2), and
(3) of subsection (b) for child care centers, and enti-
ties sponsoring child care centers, in legislative fa-
cilities.
(2) EVALUATION AND COMPLIANCE.—
(A) ARCHITECT
OF
THE
CAPITOL.—The
Architect of the Capitol shall have the same au-
thorities and duties with respect to the evalua-
tion of, compliance of, and cost reimbursement
for child care centers, and entities sponsoring
child care centers, in legislative facilities as the
Administrator has under subsection (b)(4) with
respect to the evaluation of, compliance of, and
cost reimbursement for such centers and enti-
may determine, for good cause shown and stated to-
gether with the regulations, that a modification of
such regulations would be more effective for the im-
plementation of the requirements and standards de-
scribed in paragraphs (1), (2), and (3) of subsection
(b) for child care centers, and entities sponsoring
child care centers, in judicial facilities.
(2) EVALUATION AND COMPLIANCE.—
(A) DIRECTOR
OF
THE
ADMINISTRATIVE
OFFICE OF THE UNITED STATES COURTS.—The
Director of the Administrative Office of the
United States Courts shall have the same au-
thorities and duties with respect to the evalua-
tion of, compliance of, and cost reimbursement
for child care centers, and entities sponsoring
child care centers, in judicial facilities as the
Administrator has under subsection (b)(4) with
respect to the evaluation of, compliance of, and
cost reimbursement for such centers and enti-
ties sponsoring such centers, in executive facili-
ties.
(B) HEAD OF A JUDICIAL OFFICE.—The
head of a judicial office shall have the same au-
thorities and duties with respect to the compli-
ance of and cost reimbursement for child care
centers, and entities sponsoring child care cen-
ters, in judicial facilities as the head of an Ex-
ecutive agency has under subsection (b)(4) with
respect to the compliance of and cost reim-
bursement for such centers and entities spon-
soring such centers, in executive facilities.
(e) APPLICATION.—Notwithstanding any other provi-
sion of this section, if 8 or more child care centers are
sponsored in facilities owned or leased by an Executive
agency, the Administrator shall delegate to the head of
the agency the evaluation and compliance responsibilities
assigned to the Administrator under subsection (b)(4)(A).
(f) TECHNICAL ASSISTANCE, STUDIES, AND RE-
VIEWS.—The Administrator may provide technical assist-
ance, and conduct and provide the results of studies and
reviews, for Executive agencies, and entities sponsoring
child care centers in executive facilities, on a reimbursable
basis, in order to assist the entities in complying with this
section. The Architect of the Capitol and the Director of
the Administrative Office of the United States Courts may
provide technical assistance, and conduct and provide the
results of studies and reviews, or request that the Admin-
istrator provide technical assistance, and conduct and pro-
vide the results of studies and reviews, for legislative of-
fices and judicial offices, respectively, and entities operat-
ing child care centers in legislative facilities and judicial
facilities, respectively, on a reimbursable basis, in order
to assist the entities in complying with this section.
(g) COUNCIL.—The Administrator shall establish an
interagency council, comprised of all Executive agencies
described in subsection (e), a representative of the Office
of Architect of the Capitol, and a representative of the
Administrative Office of the United States Courts, to fa-
cilitate cooperation and sharing of best practices, and to
develop and coordinate policy, regarding the provision of
child care in the Federal Government.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$900,000 for fiscal year 1998 and such sums as may be
necessary for each subsequent fiscal year.
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