§ 7809. — Childcare centers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC7809]
TITLE 38--VETERANS' BENEFITS
PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
CHAPTER 78--VETERANS' CANTEEN SERVICE
Sec. 7809. Child-care centers
(a)(1) The Secretary, through the Service, shall provide for the
operation of child-care centers at Department facilities in accordance
with this section. The operation of such centers shall be carried out to
the extent that the Secretary determines, based on the demand for the
care involved, that such operation is in the best interest of the
Department and that is practicable to do so. The centers shall be
available for the children of Department employees and, to the extent
space is available, the children of other employees of the Federal
Government and the children of employees of affiliated schools and
corporations created under section 7361 of this title.
(2) There shall be in the Service an official who is responsible for
all matters relating to the provision of child-care services under the
authority of this section.
(b) The Service shall establish reasonable charges for child-care
services provided at each child-care center operated under this section.
The charges shall be subject to the approval of the Secretary. In the
case of a center operated directly by the Service, the charges with
respect to the center shall be sufficient to provide for the operating
expenses of the center, including the expenses of personnel assigned to
the center. In the case of a center operated by a contractor which is a
for-profit entity, the charges shall be established by taking into
consideration the value of the space and services furnished with respect
to the center under subsection (c)(1) of this section.
(c) In connection with the establishment and operation of any child-
care center under this section, the Secretary--
(1) shall furnish, at no cost to the center, space in existing
Department facilities and utilities, custodial services, and other
services and amenities necessary (as determined by the Secretary)
for the health and safety of the children provided care at the
center;
(2) may, on a reimbursable basis, convert space furnished under
clause (1) of this subsection for use as the child-care center and
provide other items necessary for the operation of the center,
including furniture, office machines and equipment, and telephone
service, except that the Secretary may furnish basic telephone
service and surplus furniture and equipment without reimbursement;
(3) shall provide for the participation (directly or through a
parent advisory committee) of parents of children receiving care in
the center in the establishment of policies to govern the operation
of the center and in the oversight of the implementation of such
policies;
(4) shall require the development and use of a process for
determining the fitness and suitability of prospective employees of
or volunteers at the center; and
(5) shall require in connection with the operation of the center
compliance with all State and local laws, ordinances, and
regulations relating to health and safety and the operation of
child-care centers.
(d) The Secretary shall prescribe regulations to carry out this
section.
(e) For the purpose of this section, the term ``parent advisory
committee'' means a committee comprised of, and selected by, the parents
of children receiving care in a child-care center operated under this
section.
(Added Pub. L. 100-322, title IV, Sec. 412(a), May 20, 1988, 102 Stat.
547, Sec. 4209; renumbered Sec. 7809 and amended Pub. L. 102-40, title
IV, Sec. 402(a), (b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub.
L. 102-54, Sec. 14(e)(8), June 13, 1991, 105 Stat. 287; Pub. L. 102-83,
Sec. 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)
Amendments
1991--Pub. L. 102-40, Sec. 402(a), (b)(1), renumbered section 4209
of this title as this section.
Subsec. (a)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in two places.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration'' wherever appearing.
Pub. L. 102-54 amended subsec. (a)(1) as in effect immediately
before the enactment of Pub. L. 102-40 by substituting ``child-care''
for ``child care''.
Pub. L. 102-40, Sec. 402(d)(1), substituted ``7361'' for ``4161''.
Subsec. (a)(2). Pub. L. 102-54 amended subsec. (a)(2) as in effect
immediately before the enactment of Pub. L. 102-40 by substituting
``child-care'' for ``child care''.
Subsec. (b). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator'' in introductory provisions and in
pars. (1) and (2).
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration'' in par. (1).
Pub. L. 102-54 amended subsec. (c) as in effect before the enactment
of Pub. L. 102-40 by substituting ``child-care'' for ``child care'' in
introductory provisions and in par. (2).
Subsec. (d). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
``Secretary'' for ``Administrator''.
Subsec. (e). Pub. L. 102-54 amended subsec. (e) as in effect
immediately before the enactment of Pub. L. 102-40 by substituting
``child-care'' for ``child care''.
