
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC184g]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
                 CHAPTER 2--CAPITOL BUILDING AND GROUNDS
 
Sec. 184g. House of Representatives Child Care Center


(a) Maintenance and operation; admission of children

    (1) The Chief Administrative Officer of the House of Representatives 
shall maintain and operate a child care center (to be known as the 
``House of Representatives Child Care Center'') to furnish pre-school 
child care--
        (A) for children of individuals whose pay is disbursed by the 
    Chief Administrative Officer of the House of Representatives and 
    children of support personnel of the House of Representatives;
        (B) if places are available after admission of all children who 
    are eligible under subparagraph (A), for children of individuals 
    whose pay is disbursed by the Secretary of the Senate and children 
    of employees of agencies of the legislative branch; and
        (C) if places are available after admission of all children who 
    are eligible under subparagraph (A) or (B), for children of 
    employees of other offices, departments, and agencies of the Federal 
    Government.

    (2) Children shall be admitted to the center on a nondiscriminatory 
basis and without regard to any office or position held by their 
parents.

(b) Advisory board; membership, functions, etc.

    (1)(A) The Speaker of the House of Representatives shall appoint 15 
individuals (of whom 7 shall be upon recommendation of the minority 
leader of the House of Representatives), to serve without pay, as 
members of an advisory board for the center. The board shall--
        (i) provide advice to the Chief Administrative Officer on 
    matters of policy relating to the administration and operation of 
    the center (including the selection of the director of the center);
        (ii) be chosen from among Members of the House of 
    Representatives, spouses of Members, parents of children enrolled in 
    the center, and other individuals with expertise in child care or 
    interest in the center; and
        (iii) serve during the Congress in which they are appointed, 
    except that a member of the board may continue to serve after the 
    expiration of a term until a successor is appointed.

    (B) The director of the center shall serve as an additional member 
of the board, ex officio and without the right to vote.
    (2) A vacancy on the board shall be filled in the manner in which 
the original appointment is made.
    (3) The chairman of the board shall be elected by the members of the 
board.

(c) Duties of Chief Administrative Officer of House of Representatives

    In carrying out subsection (a) of this section, the Chief 
Administrative Officer is authorized--
        (1) to collect fees for child care services;
        (2) to accept such gifts of money and property as may be 
    approved by the Chairman and the ranking minority party member of 
    the Committee on House Oversight of the House of Representatives, 
    acting jointly; and
        (3) to employ a director and other employees for the center.

(d) Salaries and expenses; funding limits

    (1) There is established an account which, subject to appropriation, 
and except as provided in paragraph (2), shall be the exclusive source 
for all salaries and expenses for activities carried out under this 
section. The Chief Administrative Officer shall deposit in the account 
any amounts received under subsection (c) of this section.
    (2) With respect to employees of the center, the House of 
Representatives shall make Government contributions and payments for 
health insurance, retirement, employment taxes, and similar benefits and 
programs in the same manner as such contributions and payments are made 
for other employees of the House of Representatives.

(e) Definitions

    As used in this section--
        (1) the term ``Member of the House of Representatives'' means a 
    Representative in, or a Delegate or Resident Commissioner to, the 
    Congress;
        (2) the term ``agency of the legislative branch'' means the 
    Office of the Architect of the Capitol, the Botanic Garden, the 
    General Accounting Office, the Government Printing Office, the 
    Library of Congress, the Office of Technology Assessment, the 
    Congressional Budget Office, and the Copyright Royalty Tribunal; and
        (3) the term ``support personnel'' means, with respect to the 
    House of Representatives, any employee of a credit union or of the 
    Architect of the Capitol, whose principal duties are to support the 
    functions of the House of Representatives.

(Pub. L. 102-90, title III, Sec. 312, Aug. 14, 1991, 105 Stat. 467; Pub. 
L. 102-392, title III, Sec. 319(a), Oct. 6, 1992, 106 Stat. 1725; Pub. 
L. 104-186, title II, Sec. 221(5), (6), Aug. 20, 1996, 110 Stat. 1749; 
Pub. L. 106-100, Sec. 1(a), Nov. 12, 1999, 113 Stat. 1332.)

                          Codification

    Section is comprised of section 312 of Pub. L. 102-90. Subsec. (f) 
of section 312 of Pub. L. 102-90 repealed sections 184b to 184f of this 
title.


                               Amendments

    1999--Subsec. (a)(1)(C). Pub. L. 106-100 added subpar. (C).
    1996--Pub. L. 104-186, Sec. 221(5)(A), substituted ``Chief 
Administrative Officer'' for ``Clerk'' wherever appearing.
    Subsec. (a)(1)(A). Pub. L. 104-186, Sec. 221(5)(B), struck out ``or 
the Sergeant at Arms of the House of Representatives'' before ``and 
children''.
    Subsec. (b)(1)(A). Pub. L. 104-186, Sec. 221(6)(A), substituted 
``minority leader'' for ``Minority Leader''.
    Subsec. (c)(2). Pub. L. 104-186, Sec. 221(6)(B), substituted ``House 
Oversight'' for ``House Administration''.
    Subsec. (d)(1). Pub. L. 104-186, Sec. 221(6)(C), struck out ``in the 
contingent fund of the House of Representatives'' after ``established''.
    Subsec. (d)(2). Pub. L. 104-186, Sec. 221(5)(C), substituted ``With 
respect'' for ``with respect''.
    1992--Subsec. (d)(2). Pub. L. 102-392 amended par. (2) generally. 
Prior to amendment, par. (2) read as follows: ``During fiscal year 1992, 
of the funds provided in this Act for the `HOUSE OF REPRESENTATIVES' 
under `Salaries and Expenses', not more than $45,000 may be expended to 
carry out this section, subject to approval of the Committee on 
Appropriations of the House of Representatives. Any amount under this 
paragraph shall be in addition to any amount made available under 
paragraph (1).''

                         Change of Name

    Committee on House Oversight of House of Representatives changed to 
Committee on House Administration of House of Representatives by House 
Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.


                    Effective Date of 1999 Amendment

    Pub. L. 106-100, Sec. 1(b), Nov. 12, 1999, 113 Stat. 1332, provided 
that: ``The amendment made by subsection (a) [amending this section] 
shall apply with respect to children admitted to the House of 
Representatives Child Care Center on or after the date of the enactment 
of this Act [Nov. 12, 1999].''


                    Effective Date of 1992 Amendment

    Section 319(b) of Pub. L. 102-392 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to fiscal 
years beginning after September 30, 1992.''


Retirement Credit for Certain Prior Service With House Child Care Center

    Pub. L. 103-69, title III, Sec. 309, Aug. 11, 1993, 107 Stat. 711, 
provided that:
    ``(a) Definitions.--For the purpose of this section--
        ``(1) the term `House Child Care Center' means the House of 
    Representatives Child Care Center; and
        ``(2) the term `Congressional employee' has the meaning given 
    such term--
            ``(A) in subchapter III of chapter 83 of title 5, United 
        States Code, to the extent that this section relates to the 
        Civil Service Retirement System; or
            ``(B) in chapter 84 of title 5, United States Code, to the 
        extent that this section relates to the Federal Employees' 
        Retirement System.
    ``(b) CSRS.--(1) Subject to paragraph (2), any individual who is an 
employee of the House Child Care Center on the date of enactment of this 
Act [Aug. 11, 1993] shall be allowed credit under subchapter III of 
chapter 83 of title 5, United States Code, as a Congressional employee, 
for any service if--
        ``(A) such service was performed before October 1, 1991, as an 
    employee of the House Child Care Center (as constituted before that 
    date); and
        ``(B) the employee is subject to subchapter III of chapter 83 of 
    such title as of the date of enactment of this Act.
    ``(2) Credit for service described in paragraph (1)(A) shall not be 
allowed under this section unless there is paid into the Civil Service 
Retirement and Disability Fund, by or on behalf of the employee 
involved, an amount equal to the deductions from pay which would have 
been applicable under section 8334(c) of title 5, United States Code, 
for the period of service involved, if such employee were then a 
Congressional employee, including interest. Retirement credit may not be 
allowed under this section for any such service unless the full amount 
of the deposit required under the preceding sentence has been paid.
    ``(c) FERS.--(1) Subject to paragraph (2), any individual who is an 
employee of the House Child Care Center on the date of enactment of this 
Act [Aug. 11, 1993] shall be allowed credit under chapter 84 of title 5, 
United States Code, as a Congressional employee, for any service if--
        ``(A) such service was performed before October 1, 1991, as an 
    employee of the House Child Care Center (as constituted before that 
    date); and
        ``(B) the employee is subject to chapter 84 of such title as of 
    the date of enactment of this Act.
    ``(2) Credit for service described in paragraph (1)(A) shall not be 
allowed under this section unless there is paid into the Civil Service 
Retirement and Disability Fund, by or on behalf of the employee 
involved, an amount equal to the deductions from pay which would have 
been payable under applicable provisions of law, for the period of 
service involved, if such employee were then a Congressional employee, 
including interest (computed in the same way as interest under 
subsection (b)(2)). Retirement credit may not be allowed under this 
section for any such service unless the full amount of the deposit 
required under the preceding sentence has been paid.
    ``(d) Clarification.--Nothing in this section shall be considered to 
relate to the Thrift Savings Plan.
    ``(e) OPM Functions.--The Office of Personnel Management shall--
        ``(1) prescribe any regulations which may be necessary to carry 
    out this section; and
        ``(2) with respect to any service for which credit is sought 
    under this section, accept the certification of the Clerk of the 
    House of Representatives concerning the period of such service and 
    the amount of pay which was paid for such service.''


 Availability of Amounts Deposited in Account for Salaries and Expenses

    Section 307 of Pub. L. 102-392 provided that: ``The amounts 
deposited in the account established by section 312(d)(1) of the 
Legislative Branch Appropriations Act, 1992 (40 U.S.C. 184g(d)(1)) shall 
be available for salaries and expenses of the House of Representatives 
Child Care Center without fiscal year limitation, subject to the 
approval of the Committee on Appropriations of the House of 
Representatives.''


                            Cross References

    Play area on Capitol grounds for children attending day care center, 
see section 214b of this title.
    Senate Employee Child Care Center, see section 214c of this title.
