I
106TH CONGRESS
1ST SESSION
H. R. 28
To provide for greater access to child care services for Federal employees.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. GILMAN (for himself, Mrs. MORELLA, Mrs. MALONEY of New York, Mr.
WAXMAN, Mr. ROMERO-BARCELO´, Mrs. KELLY, and Mr. SHAYS) intro-
duced the following bill; which was referred to the Committee on Govern-
ment Reform, and in addition to the Committee on the Judiciary, 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 com-
mittee concerned
A BILL
To provide for greater access to child care services for
Federal employees.
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 FACILITY.—The
term ‘‘accredited child care facility’’ means—
(A) a facility that is accredited, by a child
care accreditation entity, as defined in para-
graph (2);
(B) a facility 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
(C) an armed forces child development fa-
cility that is in compliance with any applicable
performance standards established by regula-
tion, rule, or military order.
(2) CHILD CARE ACCREDITATION ENTITY.—The
term ‘‘child care accreditation entity’’ means a non-
profit private organization or public agency that—
(A) is recognized by a State agency or by
a national organization which serves as a peer
review panel for the standards and procedures
of public and private childcare or school accred-
iting bodies; and
(B) accredits a facility 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
or local licensing requirements, as appro-
priate, for the facility;
(iii) outside monitoring of the facility;
and
(iv) criteria that provide assurances
of—
(I) developmentally appropriate
health and safety standards at the fa-
cility;
(II) use of developmentally ap-
propriate educational activities, as an
integral part of the child care pro-
gram carried out at the facility; and
(III) use of ongoing staff devel-
opment or training activities for the
staff of the facility, including related
skills-based testing.
(3) 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).
Such 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 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 accreditation standards as iden-
tified in section 2(2)(A).
(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
provision of child care services shall in-
clude 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), of
child care facilities, and entities sponsoring
child care services, in executive facilities. The
Administrator 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 facility is pro-
viding services. If the Administrator deter-
mines, on the basis of such an evaluation, that
the child care facility or entity is not in compli-
ance 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) no 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) 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 and employees of the
center with a notification detailing the
deficiencies described in subclauses (I)
and (II) and actions that will be taken
to correct the deficiencies, and post a
copy of the notification in a conspicu-
ous place in the facility for a period of
5 working days or until the defi-
ciencies are corrected, whichever is
later;
(IV) bring the facility and entity
into compliance with the requirements
and certify to the Administrator that
the facility and entity are in compli-
ance, based on an on-site evaluation
of the facility 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 facility or the affected por-
tion of the facility, until such defi-
ciencies are corrected and notify the
Administrator of such 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 no later than 2 business days
after the date of receipt of the notifi-
cation, to correct any deficiencies that
are determined 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 facility and employees of the fa-
cility with a notification detailing the
deficiencies described in subclauses (I)
and (II) and actions that will be taken
to correct the deficiencies, and to post
a copy of the notification in a con-
spicuous place in the facility for 5
working days or until the deficiency is
corrected, whichever is later;
(IV) require the contractor or li-
censee to bring the facility and entity
into compliance with the requirements
and certify to the head of the agency
that the facility and entity are in com-
pliance, based on an on-site evaluation
of the facility 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 facility or the affected por-
tion of the facility until such defi-
ciencies are corrected and notify the
Administrator of such closure, which
closure may be grounds for the imme-
diate termination or suspension of the
contract or license of the contractor or
licensee.
(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 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 facility.
(5) DISCLOSURE OF PRIOR VIOLATIONS TO PAR-
ENTS
AND
FACILITY
EMPLOYEES.—The Adminis-
trator shall issue regulations that require that each
Executive agency that operates a child care facility,
and each entity that enters into a contract or licens-
ing agreement with an Executive agency to operate
a child care facility, upon receipt by the facility or
the agency or entity (as applicable) of a request by
any individual who is a parent of any child enrolled
at the facility, a parent of a child for whom there
has been submitted an application to enroll at the
facility, or an employee of the facility, shall provide
to the individual—
(A) copies of all notifications of defi-
ciencies that have been provided in the past
with respect to the facility under paragraph
(4)(B) (i)(III) or (ii)(III), as applicable; and
(B) a description of the actions that were
taken to correct the deficiencies.
(c) APPLICATION.—Notwithstanding any other provi-
sion of this section, if 8 or more child care facilities 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).
(d) 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.
(e) COUNCIL.—The Administrator shall establish an
interagency council, comprised of all Executive agencies
described in subsection (d), to facilitate cooperation and
sharing of best practices, and to develop and coordinate
policy, regarding the provision of child care, including
areas for nursing mothers and other lactation support fa-
cilities and services, in the Federal Government.
(f) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$900,000 for fiscal year 2000 and such sums as may be
necessary for each subsequent fiscal year.
SEC. 4. MISCELLANEOUS PROVISIONS RELATING TO CHILD
CARE PROVIDED BY FEDERAL AGENCIES.
(a) AVAILABILITY OF FEDERAL CHILD CARE CEN-
TERS
FOR
ON-SITE
CONTRACTORS; 
PERCENTAGE
GOAL.—Section 616(a) of the Act of December 22, 1987
(40 U.S.C. 490b), is amended—
(1) in subsection (a), by striking paragraphs
(2) and (3) and inserting the following:
‘‘(2) such officer or agency determines that
such space will be used to provide child care and re-
lated services to children of Federal employees or
on-site Federal contractors, or dependent children
who live with Federal employees or on-site Federal
contractors; and
‘‘(3) such officer or agency determines that
such individual or entity will give priority for avail-
able child care and related services in such space to
Federal employees and on-site Federal contractors.’’;
and
(2) by adding at the end the following:
‘‘(e)(1) The Administrator of General Services must
confirm that at least 50 percent of aggregate enrollment
in Federal child care centers governmentwide are children
of Federal employees or on-site Federal contractors, or de-
pendent children who live with Federal employees or on-
site Federal contractors. Each provider of child care serv-
ices at an individual Federal child care center shall main-
tain this percentage as a goal for enrollment at the center.
If enrollment at a center drops below the goal, the provider
shall develop and implement a business plan with the
sponsoring Federal agency to achieve the goal within a
reasonable timeframe. This plan must be approved by the
Administrator of General Services based on its compliance
with standards established by the Administrator, and its
effect on achieving the aggregate Federal enrollment per-
centage goal.
‘‘(2) The Administrator of General Services Adminis-
tration may enter into public-private partnerships or con-
tracts with nongovernmental entities to increase the ca-
pacity, quality, affordability, or range of child care and
related services and may, on a demonstration basis, waive
subsection (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. 490(b)(3)) is
amended to read as follows:
‘‘(3) If an agency has a child care facility in its space,
or is a sponsoring agency for a child care facility in other
Federal or leased space, the agency or the General Serv-
ices Administration may pay accreditation fees, including
renewal fees, for that center to be accredited. Any agency,
department, or instrumentality of the United States that
provides or proposes to provide child care services for chil-
dren referred to in subsection (a)(2), may reimburse any
Federal employee or any person employed to provide such
services for the costs of training programs, conferences,
and meetings and related travel, transportation, and sub-
sistence expenses incurred in connection with those activi-
ties. Any per diem allowance made pursuant to this section
shall not exceed the rate specified in regulations pre-
scribed pursuant to section 5707 of title 5, United States
Code.’’.
(c) 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 its space, or is a sponsoring agency for a child care
facility in other Federal or leased space, the agency, the
child care center board of directors, or the General Serv-
ices Administration may enter into an agreement with one
or more private entities under which such private entities
would assist in defraying the general operating expenses
of the child care provider including, but not limited to,
salaries and tuition assistance programs at the facility.
‘‘(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 an agency
providing child care services that do not meet the criteria
of subsection (a), the agency or the Administrator may
enter into an agreement with an existing non-Federal, li-
censed, 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) Prior to entering into an agreement, the head
of the Federal agency must determine that child care serv-
ices to be provided through the agreement are more cost
effectively provided through this arrangement than
through establishment of an Executive child care facility.
‘‘(C) The agency may provide any of the services de-
scribed in subsection (b)(3) if, in exchange for such serv-
ices, the facility reserves child care spaces for children re-
ferred to in subsection (a)(2), as agreed to by the parties.
The cost of any such services provided by an agency to
a child care facility on behalf of another agency shall be
reimbursed by the receiving agency.
‘‘(3) This subsection does not apply to residential
child care programs.’’.
(d) 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, an agency
may conduct a pilot project not otherwise authorized by
law for up to 2 years to test innovative approaches to pro-
viding alternative forms of quality child care assistance for
Federal employees. An agency head may extend a pilot
project for an additional 2-year period. Before any pilot
project may be implemented, a determination must be
made by the agency head that initiating the pilot project
would be more cost effective than establishing a new child
care facility. Costs of any pilot project shall be borne 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 agencies to disseminate information con-
cerning the pilot projects to the other agencies.
‘‘(3) Within 6 months after completion of the initial
2-year pilot project period, an agency conducting a pilot
project under this subsection shall provide for an evalua-
tion of the impact of the project on the delivery of child
care services to Federal employees, and shall submit the
results of the evaluation to the Administrator of General
Services. The Administrator shall share the results with
other Federal agencies.’’.
(e) BACKGROUND CHECK.—Section 616 of such Act
(40 U.S.C. 490b) is further amended by adding at the
end the following:
‘‘(g) All existing and newly hired workers in any child
care center located in federally owned or leased facilities
shall undergo a criminal history background check as de-
fined in 42 U.S.C. 13401.’’.
SEC. 5. REQUIREMENT TO PROVIDE LACTATION SUPPORT
IN NEW EXECUTIVE CHILD CARE FACILITIES.
The head of each Federal agency shall require that
each child care facility first operated after the one-year
period beginning on the date of the enactment of this Act
by the Federal agency, or under a contract or licensing
agreement with the Federal agency, shall provide reason-
able accommodations for the needs of breast fed infants
and their mothers, including by providing a lactation area
or a room for nursing mothers as part of the operating
plan for the center.
Æ