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Title 38 — Veterans’ Benefits

Part V · Chapter 78 — Veterans’ Canteen Service

§ 7809. Child-care centers

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Veterans

    Pub. L. 100–322 title IV § 412(a) · 102 Stat. 487

    Enacted · 38 U.S.C. § 7809

    Added Pub. L. 100–322, title IV, § 412(a), May 20, 1988, 102 Stat. 547, § 4209

    Source evidence

    Code source credit
    Added Pub. L. 100–322, title IV, § 412(a), May 20, 1988, 102 Stat. 547, § 4209

    Enacted provision · exact public law section
    (a) Operation by Veteran’ Canteen Service.— Chapter 75 is amended by adding at the end the following new section: “§ 4209. Child-care centers “(a) (1) The Administrator, through the Service, shall provide for the operation of child care centers at Veteran’ Administration facilities in accordance with this section. The operation of such centers shall be carried out to the extent that the Administrator determines, based on the demand for the care involved, that such operation is in the-best interest of the Veteran’ Administration and that is practicable to do so. The centers shall be available for the Government organization and employees. children of Veterans’ Administration 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 4161 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 Administrator. 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 Administrator— “(1) shall furnish, at no cost to the center, space in e)(isting Veterans’ Administration facilities and utilities, custodial services, and other services and amenities necessary (as determined by the Administrator) 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 Administrator 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 Administrator 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.”.

  2. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 402(a) · 105 Stat. 187

    Changed · 38 U.S.C. § 7809

    Pub. L. 102–40, § 402(a), (b)(1), renumbered section 4209 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(a), (b)(1), renumbered section 4209 of this title as this section.

    Enacted provision · exact public law section
    (a) Transfer of Chapter 75.— Chapter 75 is transferred to the end of part V and is redesignated as chapter 78.

  3. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

    Substituted · 38 U.S.C. § 7809(a)(1)

    Pub. L. 102–40, § 402(d)(1), substituted “7361” for “4161”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(d)(1), substituted “7361” for “4161”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

  4. Pub. L. 102–54 § 14(e)(8) · 105 Stat. 267

    Substituted · 38 U.S.C. § 7809(a)(1)

    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”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (E) by transferring paragraph (9) within such section so as to appear before paragraph (5) and redesignating such paragraph as paragraph (4).

  5. Pub. L. 102–54 § 14(e)(8) · 105 Stat. 267

    Substituted · 38 U.S.C. § 7809(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (E) by transferring paragraph (9) within such section so as to appear before paragraph (5) and redesignating such paragraph as paragraph (4).

  6. Pub. L. 102–54 § 14(e)(8) · 105 Stat. 267

    Substituted · 38 U.S.C. § 7809(c)

    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)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (E) by transferring paragraph (9) within such section so as to appear before paragraph (5) and redesignating such paragraph as paragraph (4).

  7. Pub. L. 102–54 § 14(e)(8) · 105 Stat. 267

    Substituted · 38 U.S.C. § 7809(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (E) by transferring paragraph (9) within such section so as to appear before paragraph (5) and redesignating such paragraph as paragraph (4).

  8. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7809(a)(1)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  9. Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7809(a)(1)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” wherever appearing.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

  10. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7809(b)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  11. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7809(c)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and in pars. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and in pars. (1) and (2).

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  12. Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7809(c)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in par. (1)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in par. (1).

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

  13. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 7809(d)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

13 of 13 references resolved to an enrolled provision

Editorial Notes

Amendments

1991—Pub. L. 102–40, § 402(a), (b)(1), renumbered section 4209 of this title as this section.

Subsec. (a)(1). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

Pub. L. 102–83, § 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, § 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, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and in pars. (1) and (2).

Pub. L. 102–83, § 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, § 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”.

Credits

1988–1991 · 4 acts
  1. 1988Added Pub. L. 100–322, title IV, § 412(a), , 102 Stat. 547, § 4209
  2. 1991renumbered § 7809 and amended Pub. L. 102–40, title IV, § 402(a), (b)(1), (d)(1), , 105 Stat. 238, 239
  3. 1991Pub. L. 102–54, § 14(e)(8), , 105 Stat. 287
  4. 1991Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), , 105 Stat. 404, 405.
Show as published

(Added Pub. L. 100–322, title IV, § 412(a), , 102 Stat. 547, § 4209; renumbered § 7809 and amended Pub. L. 102–40, title IV, § 402(a), (b)(1), (d)(1), , 105 Stat. 238, 239; Pub. L. 102–54, § 14(e)(8), , 105 Stat. 287; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), , 105 Stat. 404, 405.)

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USLM identifier /us/usc/t38/s7809