§490b. Child care services for Federal employees in Federal buildings

(a) Allotment of space; conditions

If any individual or entity which provides or proposes to provide child care services for Federal employees during fiscal year 1988 or any fiscal year thereafter, applies to the officer or agency of the United States charged with the allotment of space in the Federal buildings in the community or district in which such individual or entity provides or proposes to provide such service, such officer or agency may allot space in such a building to such individual or entity if-

(1) such space is available;

(2) such officer or agency determines that such space will be used to provide child care services to children of whom at least 50 percent have one parent or guardian who is employed by the Federal Government; and

(3) such officer or agency determines that such individual or entity will give priority for available child care services in such space to Federal employees.

(b) Charges for rent or services; payment of costs, accreditation fees, and travel and per diem expenses; "services" defined

(1) If an officer or agency allots space during fiscal year 1988 or any fiscal year thereafter, to an individual or entity under subsection (a) of this section, such space may be provided to such individual or entity without charge for rent or services.

(2) If there is an agreement for the payment of costs associated with the provision of space allotted under subsection (a) of this section or services provided in connection with such space, nothing in title 31, or any other provision of law, shall be construed to prohibit or restrict payment by reimbursement to the miscellaneous receipts or other appropriate account of the Treasury.

(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 Services Administration may pay accreditation fees, including renewal fees, for that center to be accredited by a nationally recognized early-childhood professional organization, and travel and per diem expenses for attendance by representatives of the center at the annual General Services Administration child care conference.

(4) For the purpose of this subsection, the term "services" includes the providing of lighting, heating, cooling, electricity, office furniture, office machines and equipment, classroom furnishings and equipment, kitchen appliances, playground equipment, telephone service (including installation of lines and equipment and other expenses associated with telephone services), and security systems (including installation and other expenses associated with security systems), including replacement equipment, as needed.

(c) Guidance, assistance, and oversight

Through the General Services Administration's licensing agreements, the Administrator of General Services shall provide guidance, assistance, and oversight to Federal agencies for the development of child care centers to promote the provision of economical and effective child care for Federal workers.

(d) Consortium with private entities

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 or the General Services Administration may enter into a consortium with one or more private entities under which such private entities would assist in defraying the costs associated with the salaries and benefits provided for any personnel providing services at such facility.

(e) Background checks of workers in executive facilities

(1) All existing and newly hired workers in any child care center located in an executive facility shall undergo a criminal history background check as defined in section 13041 of title 42.

(2) For purposes of this subsection, the term "executive facility" means a facility that is owned or leased by an office or entity within the executive branch of the Government (including one that is owned or leased by the General Services Administration on behalf of an office or entity within the judicial branch of the Government).

(3) Nothing in this subsection shall be considered to apply with respect to a facility owned by or leased on behalf of an office or entity within the legislative branch of the Government.

( Pub. L. 100–202, §101(m) [title VI, §616], Dec. 22, 1987, 101 Stat. 1329–390 , 1329-423; Pub. L. 102–393, title V, §528, Oct. 6, 1992, 106 Stat. 1760 ; Pub. L. 106–554, §1(a)(3) [title VI, §643], Dec. 21, 2000, 114 Stat. 2763 , 2763A-169.)

Codification

Section was not enacted as part of the Federal Property and Administrative Services Act of 1949, part of which comprises this chapter.

Prior Provisions

Provisions similar to those in this section were contained in the following appropriation acts:

Pub. L. 99–500, §101(m) [title VI, §616], Oct. 18, 1986, 100 Stat. 1783–308 , 1783-331, and Pub. L. 99–591, §101(m) [title VI, §616], Oct. 30, 1986, 100 Stat. 3341–308 , 3341-331.

Pub. L. 99–190, §139, Dec. 19, 1985, 99 Stat. 1323 .

Amendments

2000-Subsec. (e). Pub. L. 106–554 added subsec. (e).

1992-Subsec. (a)(2). Pub. L. 102–393, §528(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "such officer or agency determines that such space will be used to provide child care services to a group of individuals of whom at least 50 percent are Federal employees; and".

Subsec. (b)(3). Pub. L. 102–393, §528(3), added par. (3). Former par. (3) redesignated (4).

Pub. L. 102–393, §528(2), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "For the purpose of this section, the term 'services' includes the providing of lighting, heating, cooling, electricity, office furniture, office machines and equipment, telephone service (including installation of lines and equipment and other expenses associated with telephone service), and security systems (including installation and other expenses associated with security systems)."

Subsec. (b)(4). Pub. L. 102–393, §528(3), redesignated par. (3) as (4).

Subsecs. (c), (d). Pub. L. 102–393, §528(4), added subsecs. (c) and (d).

Reimbursement of Child-Care Providers for Certain Travel, Transportation, and Subsistence Expenses

Pub. L. 105–277, div. A, §101(h) [title VI, §603], Oct. 21, 1998, 112 Stat. 2681–480 , 2681-513, provided that: "Notwithstanding 31 U.S.C. 1345, any agency, department, or instrumentality of the United States which provides or proposes to provide child care services for Federal employees may, in fiscal year 1999 and thereafter, reimburse any Federal employee or any person employed to provide such services for travel, transportation, and subsistence expenses incurred for training classes, conferences, or other meetings in connection with the provision of such services: Provided, That any per diem allowance made pursuant to this section shall not exceed the rate specified in regulations prescribed pursuant to section 5707 of title 5, United States Code."

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 105–61, title VI, §603, Oct. 10, 1997, 111 Stat. 1308 .

Pub. L. 104–208, div. A, title I, §101(f) [title VI, §603], Sept. 30, 1996, 110 Stat. 3009–314 , 3009-353.

Pub. L. 104–52, title VI, §603, Nov. 19, 1995, 109 Stat. 497 .

Pub. L. 103–329, title VI, §603, Sept. 30, 1994, 108 Stat. 2416 .

Pub. L. 103–123, title VI, §603, Oct. 28, 1993, 107 Stat. 1259 .

Pub. L. 102–393, title VI, §604, Oct. 6, 1992, 106 Stat. 1766 .

Pub. L. 102–141, title VI, §604, Oct. 28, 1991, 105 Stat. 868 .

Pub. L. 101–509, title VI, §625, Nov. 5, 1990, 104 Stat. 1476 .

Section Referred to in Other Sections

This section is referred to in title 14 section 515.