[House Report 106-869]
[From the U.S. Government Publishing Office]
106th Congress Rept. 106-869
HOUSE OF REPRESENTATIVES
2d Session Part 1
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BAYLEE'S LAW
_______
September 19, 2000.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Shuster, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
[To accompany H.R. 4519]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred the bill (H.R. 4519) to amend the Public Buildings
Act of 1959 concerning the safety and security of children
enrolled in childcare facilities located in public buildings
under the control of the General Services Administration,
having considered the same, report favorably thereon without
amendment and recommend that the bill do pass.
Summary and Purpose
H.R. 4519, ``Baylee's Law,'' is a bill that amends the
Public Buildings Act of 1959. It instructs the Administrator of
the General Services Administration (GSA) to notify parents or
guardians enrolling their children in a childcare center
located in a GSA controlled building of the current Federal
agencies occupying the building and the level of security of
that particular Federal building. It also requires GSA to
notify parents or guardians of any change of Federal tenants in
the building. The designated level of security identification
should be consistent with the Vulnerability Assessment and
subsequent recommendations from that study made by the
Department of Justice. The Administrator is also instructed to
submit to Congress, not later than one year after the date of
enactment, a comprehensive report identifying and describing
each childcare facility under its control, a safety and
security assessment of each facility with recommendations for
increasing safety, and to include in the safety assessment, an
examination of windows and the dangers of flying glass hazards.
Background and Need for Legislation
In 1985 the Federal government enacted legislation (PL 99-
190) to increase the accessibility of childcare services for
Federal employees in Federal buildings. This involved the
allotment of space, conditions, and costs for services.
Services, in addition to other factors, include security
systems in the childcare centers. Amendments to the Act in 1992
(PL 102-393) provided that through GSA's licensing agreements,
the Administrator shall provide guidance, assistance, and
oversight to Federal agencies for the development of childcare
centers to promote economical and effective child care for
Federal workers. GSA has established a Child Care Center of
Expertise and published a Child Care Center Design Guide as
guidance in establishing childcare centers in GSA controlled
facilities. Each region has a regional coordinator to
facilitate policy guidance from the Child Care Center of
Expertise to the region. There are currently 113 childcare
centers in GSA controlled buildings throughout the United
States.
In recent years there has been an increasing awareness to
the threat and security of Federal buildings. This threat also
applies to the safety and security of children enrolled in
childcare facilities in GSA controlled buildings. On April 19,
1995, the most serious act of American terrorism took place in
Oklahoma City, Oklahoma with the bombing of the Alfred P.
Murrah Federal Building. 168 people lost their lives that day,
including 15 children who were enrolled in the childcare center
in the building.
After meeting with the mother of a 1-year old child who was
enrolled in the Federal child care center, and died that day,
the Committee began further investigating the safety and
security policies of GSA with regard to childcare centers. The
Committee learned that GSA is under no obligation to inform
parents or guardians with children enrolled in a childcare
center housed in a GSA controlled building of the other Federal
agencies occupying space in that building. About 55% of the
parents or guardians whose children are enrolled in childcare
centers housed in GSA controlled buildings are not Federal
workers, so those parents would not be aware of building
occupants that may attract unwanted attention. GSA is not
required to inform those parents and guardians of the level of
security of that particular Federal facility. In correspondence
between the Subcommittee Chairman and the Commissioner of the
Public Buildings Service, the Chairman questioned if GSA
notifies parents with children enrolled in a childcare facility
of the other tenants in the building or of any threats to the
facility. GSA indicated that they do not routinely inform
parents of the particular occupants of the facility with a
childcare center. The question was also posed to the
Commissioner at a hearing held March 23, 2000 and he indicated
that GSA does not inform parents of the other tenants in the
same building as the childcare center.
In the interest of children's safety, and that of a parents
ability to make an informed decision, H.R. 4519 will instruct
GSA to inform parents or guardians enrolling their children in
a childcare center in a Federal building or GSA controlled
facility, of the Federal tenants in that building, and of the
level of security of the building. The intent of H.R. 4519 is
not to deter parents from enrolling their children in these
particular childcare centers, but rather to make them aware of
the Federal agencies in the same building, and allow them to make
informed decisions about their children.
Discussion of Committee Bill and Section-by-Section Analysis
Section 1. Short title
Provides that the Act may be cited as ``Baylee's Law.''
Baylee Almon was a 1-year old killed while attending the
childcare center located in the Alfred P. Murrah Federal
Building in Oklahoma City, Oklahoma at the time of its bombing
in 1995.
Section 2. Safety and security of children in childcare facilities
Amends the Public Buildings Act of 1959, by adding a new
Section 22, ``Safety and Security of Children in Childcare
Facilities.''
This new section:
(a) Instructs the Administrator of the General Services
Administration to provide written notification to the parents
or guardians of children enrolling in a childcare facility in a
public building controlled by GSA, of the current tenants and
the designated level of security of that particular building.
The Administrator is also required to inform those parents or
guardians of any change of Federal agency tenants in that
particular building.
(b) As soon as practicable the Administrator is required to
inform the parents or guardians of children enrolled in a
childcare center located in a building under the
Administrator's control of any serious threat that could affect
the safety and security of children enrolled in that particular
childcare center.
(c) Not later than one year after the date of enactment the
Administrator is required to report to the Committee on
Transportation and Infrastructure and the Congress a
comprehensive report on childcare centers under the
Administrator's control. The report should identify and
describe each childcare center located in a GSA controlled
facility and assess the level of safety and security of
children enrolled in each of those childcare centers. The
report should also recommend methods for enhancing safety and
security. The Administrator is further instructed to examine
the windows and interior furnishings in each facility and
determine whether sufficient protective measures have been
implemented to protect against the dangers associated with
interior furnishings and windows. Interior furnishings should
be safely secured to the structure and windows should be
equipped with adequate protective measures to mitigate the
dangers of flying glass.
Hearings
On March 23, 2000, the Subcommittee on Economic
Development, Public Buildings, Hazardous Materials and Pipeline
Transportation of the Committee on Transportation and
Infrastructure held a hearing on the General Services
Administration FY 2001 Capital Investment Program. Testimony
was given by Ms. Aren Almon-Kok, founder of the Protecting
People First Foundation, the Commissioner of the Public
Buildings Service of the General Services Administration,
Members of Congress and Federal Judges. The hearing did not
specifically address H.R. 4519, but addressed weaknesses in
current policies regarding Federal childcare centers
in GSA controlled buildings. H.R. 4519, corrects many concerns
that were raised at the hearing.
Committee Consideration
On June 20, 2000 the Subcommittee on Economic Development,
Public Buildings, Hazardous Materials and Pipeline
Transportation marked up H.R. 4519 and favorably reported it to
the Full Committee by unanimous voice vote with a quorum being
present. On June 21, 2000, the Full Committee met in open
session and reported the bill, H.R. 4519, by unanimous voice
vote with a quorum being present.
Rollcall votes
Clause 3(b) of rule XIII of the House of Representatives
requires each committee report to include the total number of
votes cast for and against on each roll call vote on a motion
to report and on any amendment offered to the measure or
matter, and the names of those members voting for and against.
There were no recorded votes taken in connection with ordering
H.R. 4519 reported.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
308(a) of the Congressional Budget Act of 1974, the Committee
references the report of the Congressional Budget Office
included below.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
Committee has received no report of oversight findings and
recommendations from the Committee on Government Reform and
Oversight on the subject of H.R. 4519.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the following cost estimate for H.R.
4519, from the Director of the Congressional Budget Office.
Congressional Budget Office Cost Estimate
Summary: CBO estimates that the bill is unlikely to have a
significant impact on the federal budget. While pay-go
procedures would apply, it is unlikely that there would be
significant changes in such receipts under H.R. 4519. Further, the
bill contains no intergovernmental mandates and would impose no
costs on the budgets of state, local or tribal governments.
While it creates a private sector mandate for reporting to
Congress, the costs of this is minimal.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 22, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4519, Baylee's
Law.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is John R.
Righter.
Sincerely,
Robert A. Sunshine
(For Dan L. Crippen, Director).
Enclosure.
H.R. 4519--Baylee's Law
H.R. 4519 would amend the Public Buildings Act of 1959 to
require the General Services Administration (GSA) to provide
certain information regarding the safety and security of
childcare facilities operated in buildings under it
administrative control. CBO estimates that implementing the
bill would cost GSA a negligible amount each year. Because the
bill would not affect direct spending or receipts, pay-as-you-
go procedures would not apply. H.R. 4519 contains no
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act and would not affect the budgets
of state, local, or tribal governments.
H.R. 4519 would require GSA to provide a list of a
building's tenants and its designated level of security to any
parent or guardian who is considering enrolling a child in a
childcare facility that is operated in a GSA building. In
addition, the bill would direct GSA to notify parents or
guardians of any new federal tenants and of any serious threat
that it determines may exist to the safety and security of the
children. Finally, H.R. 4519 would require the agency to
identify an describe each childcare facility that is located in
one of its buildings, assess the facility's level of safety and
security, and recommend methods for enhancing such safety and
security. GSA would have on year from enactment to submit that
report tot the Congress.
GSA buildings contain 113 childcare facilities with an
aggregate enrollment of more than 7,000 children. According to
the agency, it already regularly assesses the safety and
security of each of its childcare facilities, and notifies each
parent or guardian of any safety and security threat. Thus,
because it would largely codify existing administrative policy,
CBO estimates that implementing H.R. 4519 would cost a
negligible amount each year. Any increase in costs would be
subject to the availability of appropriated funds.
The CBO staff contact for this estimate is John R. Rigther.
The estimated was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause (3)(d)(1) of rule XIII of the Rules of
the House of Representatives, committee reports on a bill or
joint resolution of a public character shall include a
statement citing the specific powers granted to the Congress in
the Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act. (Public Law 104-4.)
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by
legislation.
Applicability to the Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act. (Public Law
104-1.)
House of Representatives,
Committee on Government Reform,
Washington, DC, September 19, 2000.
Hon. Bud Shuster,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: In response to your request and in the
interest of expediting Floor consideration of the bill, the
Committee will not exercise its jurisdiction over H.R. 4519--
Baylee's Law. The bill amends the Public Buildings Act of 1959
concerning public safety and security of children enrolled in
childcare facilities located in public buildings under the
control of the General Services Administration.
As you know, House Rules grant the Committee on Government
Reform wide jurisdiction regarding the overall economy,
efficiency and management of government operations and
activities. This action should not, however, be construed as
waiving the Committee's jurisdiction over future legislation of
a similar nature. I would also request that members of the
Government Reform Committee he appointed as conferees if a
conference committee is appointed.
I look forward to working with you on this and other issues
throughout the remainder of the 106th Congress.
Sincerely,
Dan Burton, Chairman.
------
Committee on Transportation
and Infrastructure,
Washington, DC, September 19, 2000.
Hon. Dan Burton,
Chairman, Committee on Government Reform,
Washington, DC.
Dear Mr. Chairman: Next week the House may consider H.R.
4519, ``Baylee's Law.'' While H.R. 4519 primarily contains
provisions related to matters solely in the jurisdiction of the
Committee on Transportation and Infrastructure, I recognize
that certain provisions in the bill regarding the General
Services Administration's policies concerning childcare
facilities located in public buildings are under the
jurisdiction of the Committee on Government Reform.
I agree that allowing this bill to go forward in no way
impairs upon your jurisdiction over these provisions, and I
would be pleased to place this letter and any response you may
have in the Congressional Record during our deliberations on
this bill. In addition, if a conference is necessary on this
bill, I would support any request to have the Committee on
Government Reform be represented on the conference with respect
to the matters in question.
I look forward to passing this bill on the Floor soon and
thank you for your assistance.
Sincerely,
Bud Shuster, Chairman.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic and existing law in which no change is
proposed is shown in roman):
SECTION 22 OF THE PUBLIC BUILDINGS ACT OF 1959
SEC. 22. SAFETY AND SECURITY OF CHILDREN IN CHILDCARE FACILITIES.
(a) Written Notice to Parents or Guardians.--
(1) Initial notification.--Before the enrollment of
any child in a childcare facility located in a public
building under the control of the Administrator, the
Administrator shall provide to the parents or guardians
of the child a written notification containing--
(A) an identification of the current tenants
in the public building; and
(B) the designation of the level of security
of the public building.
(2) Notification of new tenants.--After providing a
written notification to the parents or guardians of a
child under paragraph (1), the Administrator shall provide to
the parents or guardians a written notification if any new
Federal tenant is scheduled to take occupancy in the
public building.
(b) Notification of Serious Threats to Safety or Security.--
As soon as practicable after being informed of a serious
threat, as determined by the Administrator, that could affect
the safety and security of children enrolled in a childcare
facility in a public building under the control of the
Administrator, the Administrator shall provide notice of the
threat to the parents or guardians of each child in the
facility.
(c) Report to Congress.--
(1) In general.--Not later than 1 year after the date
of enactment of this section, the Administrator shall
transmit to Congress a comprehensive report on
childcare facilities in public buildings under the
control of the Administrator.
(2) Contents.--The report to be transmitted under
paragraph (1) shall include--
(A) an identification and description of each
childcare facility located in a public building
under the control of the Administrator; and
(B) an assessment of the level of safety and
security of children enrolled in the childcare
facility and recommendations on methods for
enhancing that safety and security.
(3) Windows and interior furnishings.--In conducting
an assessment of a childcare facility under paragraph
(2)(B), the Administrator shall examine the windows and
interior furnishings of the facility to determine
whether adequate protective measures have been
implemented to protect children in the facility against
the dangers associated with windows and interior
furnishings in the event of a natural disaster or
terrorist attack, including the deadly effect of flying
glass.