
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-554 Section 1(a)(3)[643]]
[CITE: 40USC490b]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
       CHAPTER 10--MANAGEMENT AND DISPOSAL OF GOVERNMENT PROPERTY
 
                   SUBCHAPTER II--PROPERTY MANAGEMENT
 
Sec. 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.

(Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 616], Dec. 22, 1987, 101 
Stat. 1329-390, 1329-423; Pub. L. 102-393, title V, Sec. 528, Oct. 6, 
1992, 106 Stat. 1760.)

                          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, Sec. 101(m) [title VI, Sec. 616], Oct. 18, 1986, 100 
Stat. 1783-308, 1783-331, and Pub. L. 99-591, Sec. 101(m) [title VI, 
Sec. 616], Oct. 30, 1986, 100 Stat. 3341-308, 3341-331.
    Pub. L. 99-190, Sec. 139, Dec. 19, 1985, 99 Stat. 1323.


                               Amendments

    1992--Subsec. (a)(2). Pub. L. 102-393, Sec. 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, Sec. 528(3), added par. (3). Former 
par. (3) redesignated (4).
    Pub. L. 102-393, Sec. 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, Sec. 528(3), redesignated par. (3) 
as (4).
    Subsecs. (c), (d). Pub. L. 102-393, Sec. 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, Sec. 101(h) [title VI, Sec. 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, Sec. 603, Oct. 10, 1997, 111 Stat. 1308.
    Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec. 603], 
Sept. 30, 1996, 110 Stat. 3009-314, 3009-353.
    Pub. L. 104-52, title VI, Sec. 603, Nov. 19, 1995, 109 Stat. 497.
    Pub. L. 103-329, title VI, Sec. 603, Sept. 30, 1994, 108 Stat. 2416.
    Pub. L. 103-123, title VI, Sec. 603, Oct. 28, 1993, 107 Stat. 1259.
    Pub. L. 102-393, title VI, Sec. 604, Oct. 6, 1992, 106 Stat. 1766.
    Pub. L. 102-141, title VI, Sec. 604, Oct. 28, 1991, 105 Stat. 868.
    Pub. L. 101-509, title VI, Sec. 625, Nov. 5, 1990, 104 Stat. 1476.

                  Section Referred to in Other Sections

    This section is referred to in title 14 section 515.
