40 U.S.C. § 590 — Child care

Page 76 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 589 (c), suitable furniture and furnishings for the new controlled space shall be provided from stocks under the control of the moving agency or from stocks available to the Administrator, whichever the Administrator determines to be more economical and efficient. However, the same or similar items may not be provided from both sources. (e) CONTROL OF REPLACEMENT FURNITURE.—If furniture and furnishings for a new controlled space are provided from stocks available to the Administrator, the items being provided remain in the control of the Administrator. (f) CONTROL OF FURNITURE NOT MOVED.— (1) IN GENERAL.—If furniture and furnishings for a new controlled space are provided from stocks available to the Administrator, the fur- niture and furnishings that were previously used by the moving agency (or unit of the agency) pass to the control of the Adminis- trator. (2) REIMBURSEMENT.— (A) IN GENERAL.—Furniture and fur- nishings passing to the control of the Ad- ministrator under this section pass without reimbursement. (B) EXCEPTION FOR TRUST FUND.—If fur- niture and furnishings that were purchased from a trust fund pass to the control of the Administrator under this section, the Ad- ministrator shall reimburse the trust fund for the fair market value of the furniture and furnishings. (3) REVOLVING OR WORKING CAPITAL FUND.—If furniture and furnishings are carried as assets of a revolving or working capital fund at the time they pass to the control of the Adminis- trator under this section, the net book value of the furniture and furnishings shall be writ- ten off and the capital of the fund is dimin- ished by the amount of the write-off. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1115.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 588 ............. 40:490(g). June 30, 1949, ch. 288, title II, § 210(g), as added Sept. 1, 1954, ch. 1211, § 3, 68 Stat. 1129. In subsection (f)(2), the reimbursement requirement in 40:490(g) (last sentence) is set out as an exception to a general ‘‘without reimbursement’’ rule in 40:490(g) (3d sentence) to harmonize an inconsistency in the source law. § 589. Installation, repair, and replacement of sidewalks (a) IN GENERAL.—An executive agency may in- stall, repair, and replace sidewalks around build- ings, installations, property, or grounds that are— (1) under the agency’s control; (2) owned by the Federal Government; and (3) located in a State, the District of Colum- bia, Puerto Rico, or a territory or possession of the United States. (b) REIMBURSEMENT.—Subsection (a) may be carried out by— (1) reimbursement to a State or political subdivision of a State, the District of Colum- bia, Puerto Rico, or a territory or possession of the United States; or (2) a means other than reimbursement. (c) REGULATIONS.—Subsection (a) shall be car- ried out in accordance with regulations the Ad- ministrator of General Services prescribes with the approval of the Director of the Office of Management and Budget. (d) USE OF AMOUNTS.—Amounts appropriated to an executive agency for installation, repair, and maintenance, generally, are available to carry out this section. (e) LIABILITY.—This section does not increase or enlarge the tort liability of the Government for injuries to individuals or damages to prop- erty. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1116.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 589 ............. 40:490(i). June 30, 1949, ch. 288, title II, § 210(i), as added Pub. L. 89–344, Nov. 8, 1965, 79 Stat. 1304. In subsections (a) and (b), the words ‘‘territory or’’ are added for consistency in the revised title and with other titles of the United States Code. In subsection (c), the words ‘‘Director of the Office of Management and Budget’’ are substituted for ‘‘Director of the Bureau of the Budget’’ in section 210(i) of the Federal Property and Administrative Services Act of 1949 because the office of Director of the Bureau of the Budget was redesignated the Director of the Office of Management and Budget by section 102(b) of Reorga- nization Plan No. 2 of 1970 (eff. July 1, 1970, 84 Stat. 2085). Section 102 of Reorganization Plan No. 2 of 1970, was repealed by section 5(b) of the Act of September 13, 1982 (Public Law 97–258, 96 Stat. 1085), the first section of which enacted Title 31, United States Code, but the successor provision, 31:502, continued the designation as Director of the Office of Management and Budget. In subsection (e), the words ‘‘beyond such liability presently existing by virtue of any other law’’ are omitted as unnecessary. § 590. Child care (a) GUIDANCE, ASSISTANCE, AND OVERSIGHT.— Through the General Services Administration’s licensing agreements, the Administrator of Gen- eral Services shall provide guidance, assistance, and oversight to federal agencies for the devel- opment of child care centers to provide eco- nomical and effective child care for federal workers. (b) ALLOTMENT OF SPACE IN FEDERAL BUILD- INGS.— (1) DEFINITIONS.—In this subsection, the fol- lowing definitions apply: (A) CHILD CARE PROVIDER.—The term ‘‘child care provider’’ means an individual or entity that provides or proposes to provide child care services for federal employees. (B) ALLOTMENT OFFICER.—The term ‘‘allot- ment officer’’ means an officer or agency of the Federal Government charged with the allotment of space in federal buildings. (2) ALLOTMENT.—A child care provider may be allotted space in a federal building by an al- lotment officer if— (A) the child care provider applies to the allotment officer in the community or dis- Page 77 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 590 1 See References in Text note below. trict in which child care services are to be provided; (B) the space is available; and (C) the allotment officer determines that— (i) the space will be used to provide child care services to children of whom at least 50 percent have one parent or guardian em- ployed by the Government; and (ii) the child care provider will give pri- ority to federal employees for available child care services in the space. (c) PAYMENT FOR SPACE AND SERVICES.— (1) DEFINITION.—For purposes of this sub- section, the term ‘‘services’’ includes the pro- viding of lighting, heating, cooling, elec- tricity, office furniture, office machines and equipment, classroom furnishings and equip- ment, kitchen appliances, playground equip- ment, telephone service (including installa- tion of lines and equipment and other expenses associated with telephone services), and secu- rity systems (including installation and other expenses associated with security systems), including replacement equipment, as needed. (2) NO CHARGE.—Space allotted under sub- section (b) may be provided without charge for rent or services. (3) REIMBURSEMENT FOR COSTS.—For space al- lotted under subsection (b), if there is an agreement for the payment of costs associated with providing space or services, neither title 31, nor any other law, prohibits or restricts payment by reimbursement to the miscella- neous receipts or other appropriate account of the Treasury. (d) PAYMENT OF OTHER COSTS.—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 Administration may— (1) pay accreditation fees, including renewal fees, for the child care facility to be accredited by a nationally recognized early-childhood professional organization; (2) pay travel and per diem expenses for rep- resentatives of the child care facility to at- tend the annual Administration child care conference; and (3) enter into a consortium with one or more private entities under which the private enti- ties assist in defraying costs associated with the salaries and benefits for personnel pro- viding services at the facility. (e) REIMBURSEMENT FOR EMPLOYEE TRAINING.— Notwithstanding section 1345 of title 31, an agen- cy, department, or instrumentality of the Gov- ernment that provides or proposes to provide child care services for federal employees may re- imburse a federal employee or any individual employed to provide child care services for trav- el, transportation, and subsistence expenses in- curred for training classes, conferences, or other meetings in connection with providing the serv- ices. A per diem allowance made under this sub- section may not exceed the rate specified in reg- ulations prescribed under section 5707 of title 5. (f) CRIMINAL HISTORY BACKGROUND CHECKS.— (1) DEFINITION.—In this subsection, the term ‘‘executive facility’’ means a facility owned or leased by an office or entity within the execu- tive branch of the Government. The term in- cludes a facility owned or leased by the Gen- eral Services Administration on behalf of an office or entity within the judicial branch of the Government. (2) IN GENERAL.—All workers in a child care center located in an executive facility shall undergo a criminal history background check as defined in section 231 of the Crime Control Act of 1990 (42 U.S.C. 13041).1 (3) NONAPPLICATION TO LEGISLATIVE BRANCH FACILITIES.—This subsection does not apply to a facility owned by or leased on behalf of an office or entity within the legislative branch of the Government. (g) APPROPRIATED AMOUNTS FOR AFFORDABLE CHILD CARE.— (1) DEFINITION.—For purposes of this sub- section, the term ‘‘Executive agency’’ has the meaning given that term in section 105 of title 5, but does not include the Government Ac- countability Office. (2) IN GENERAL.—In accordance with regula- tions the Office of Personnel Management pre- scribes, an Executive agency that provides or proposes to provide child care services for fed- eral employees may use appropriated amounts that are otherwise available for salaries and expenses to provide child care in a federal or leased facility, or through contract, for civil- ian employees of the agency. (3) AFFORDABILITY.—Amounts used pursuant to paragraph (2) shall be applied to improve the affordability of child care for lower income federal employees using or seeking to use the child care services. (4) ADVANCES.—Notwithstanding section 3324 of title 31, amounts may be paid in advance to licensed or regulated child care providers for services to be rendered during an agreed pe- riod. (5) NOTIFICATION.—No amounts made avail- able by law may be used to implement this subsection without advance notice to the Committees on Appropriations of the House of Representatives and the Senate. (6) APPLICATION TO HOUSE OF REPRESENTA- TIVES.—This subsection shall apply with re- spect to the House of Representatives in the same manner as it applies to an Executive agency, except that— (A) the authority granted to the Office of Personnel Management shall be exercised with respect to the House of Representatives by the Speaker of the House of Representa- tives in accordance with regulations promul- gated by the Committee on House Adminis- tration; and (B) amounts may be made available to im- plement this subsection with respect to the House of Representatives without advance notice to the Committee on Appropriations of the Senate. (7) APPLICATION TO SENATE.—This subsection shall apply with respect to the Senate in the same manner as it applies to an Executive agency, except that— (A) the authority granted to the Office of Personnel Management shall be exercised Page 78 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 591 1 See References in Text note below. with respect to the Senate, by the Majority and Minority Leaders of the Senate, in ac- cordance with regulations promulgated by the Committee on Rules and Administration of the Senate; and (B) amounts may be made available to im- plement this subsection with respect to the Senate without advance notice to the Com- mittee on Appropriations of the House of Representatives. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1116; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 117–328, div. I, title I, § 117(a), Dec. 29, 2022, 136 Stat. 4924; Pub. L. 118–47, div. E, title I, § 103(a), Mar. 23, 2024, 138 Stat. 712.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 590(a) ......... 40:490b(c). Pub. L. 100–202, § 101(m) [title VI, § 616(a)–(d)], Dec. 22, 1987, 101 Stat. 1329–423; Pub. L. 102–393, title V, § 528, Oct. 6, 1992, 106 Stat. 1760. 590(b) ......... 40:490b(a). 590(c) ......... 40:490b(b)(1), (2), (4). 590(d) ......... 40:490b(b)(3). 40:490b(d). 590(e) ......... 40:490b note. Pub. L. 105–277, div. A, § 101(h) [title VI, § 603], Oct. 21, 1998, 112 Stat. 2681–513. 590(f) .......... 40:490b(e). Pub. L. 100–202, § 101(m) [title VI, § 616(e)], as added Pub. L. 106–554, § 1[(]a)(3) [title VI, § 643], Dec. 21, 2000, 114 Stat. 2763A–169. 590(g) ......... 40:490b–1. Pub. L. 107–67, title VI, § 630, Nov. 12, 2001, 115 Stat. 552. In subsection (a), the word ‘‘provide’’ is substituted for ‘‘promote the provision of’’ to eliminate unneces- sary words. In subsection (f)(2), the word ‘‘workers’’ is sub- stituted for ‘‘existing and newly hired workers’’ to eliminate unnecessary words. In subsection (g)(2), the word ‘‘hereafter’’ is omitted as unnecessary. In subsection (g)(4), the words ‘‘as appropriate’’ are omitted as unnecessary. In subsection (g)(5), the words ‘‘in this or any other Act’’ are omitted as unnecessary. The words ‘‘of the House of Representatives and the Senate’’ are added for consistency in the revised title. Editorial Notes REFERENCES IN TEXT Section 231 of the Crime Control Act of 1990, referred to in subsec. (f)(2), is section 231 of Pub. L. 101–647, which was classified to section 13041 of Title 42, The Public Health and Welfare, prior to editorial reclassi- fication as section 20351 of Title 34, Crime Control and Law Enforcement. AMENDMENTS 2024—Subsec. (g)(7). Pub. L. 118–47 added par. (7). 2022—Subsec. (g)(6). Pub. L. 117–328 added par. (6). 2004—Subsec. (g)(1). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–47, div. E, title I, § 103(b), Mar. 23, 2024, 138 Stat. 712, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to fiscal year 2024 and each succeeding fiscal year.’’ EFFECTIVE DATE OF 2022 AMENDMENT Pub. L. 117–328, div. I, title I, § 117(b), Dec. 29, 2022, 136 Stat. 4924, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to fiscal year 2023 and each succeeding fiscal year.’’ § 591. Purchase of electricity (a) GENERAL LIMITATION ON USE OF AMOUNTS.— A department, agency, or instrumentality of the Federal Government may not use amounts ap- propriated or made available by any law to pur- chase electricity in a manner inconsistent with state law governing the provision of electric utility service, including— (1) state utility commission rulings; and (2) electric utility franchises or service terri- tories established under state statute, state regulation, or state-approved territorial agree- ments. (b) EXCEPTIONS.— (1) ENERGY SAVINGS.—This section does not preclude the head of a federal agency from en- tering into a contract under section 801 of the National Energy Conservation Policy Act (42 U.S.C. 8287). (2) ENERGY SAVINGS FOR MILITARY INSTALLA- TIONS.—This section does not preclude the Sec- retary of a military department from— (A) entering into a contract under section 2394 1 of title 10; or (B) purchasing electricity from any pro- vider if the Secretary finds that the utility having the applicable state-approved fran- chise (or other service authorization) is un- willing or unable to meet unusual standards of service reliability that are necessary for purposes of national defense. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1118.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 591 ............. 40:490 note. Pub. L. 100–202, § 101(b) [title VIII, § 8093], Dec. 22, 1987, 101 Stat. 1329–79. In subsection (b)(1), the words ‘‘section 801 of the Na- tional Energy Conservation Policy Act (42 U.S.C. 8287)’’ are substituted for ‘‘42 U.S.C. 8287’’ in section 8093 of the Department of Defense Appropriations Act, 1988 as the probable intent of Congress. Editorial Notes REFERENCES IN TEXT Section 2394 of title 10, referred to in subsec. (b)(2)(A), was renumbered section 2922a of such title by Pub. L. 109–364, div. B, title XXVIII, § 2851(b)(2), Oct. 17, 2006, 120 Stat. 2494. § 592. Federal Buildings Fund (a) EXISTENCE.—There is in the Treasury a fund known as the Federal Buildings Fund. (b) DEPOSITS.— (1) IN GENERAL.—The following revenues and collections shall be deposited into the Fund: (A) User charges under section 586(b) of this title, payable in advance or otherwise.