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LegalText 38 U.S.C. § 7809 Child-care centers us united_states_code code_section 38 VETERANS BENEFITS 78 VETERANS CANTEEN SERVICE 7809 38 U.S.C. § 7809 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip /us/usc/t38/s7809 data/legal/raw/us/code/title-38/usc38.xml 8c6b4198f02f104cd4e9196a95e89884d8557dacad83ed5958ed5557141071ef 372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66 ddc191099abd28fc85a0db4ebacdfd4262a9280ba3a40db4318efc1f0518d7c8 2026-07-04 official
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38 U.S.C. § 7809 - Child-care centers

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.

(Added Pub. L. 100322, title IV, § 412(a), May 20, 1988, 102 Stat. 547, § 4209; renumbered § 7809 and amended Pub. L. 10240, title IV, § 402(a), (b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 10254, § 14(e)(8), June 13, 1991, 105 Stat. 287; Pub. L. 10283, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

Notes

Editorial Notes

Amendments1991—Pub. L. 10240, § 402(a), (b)(1), renumbered section 4209 of this title as this section. Subsec. (a)(1). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places. Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” wherever appearing. Pub. L. 10254 amended subsec. (a)(1) as in effect immediately before the enactment of Pub. L. 10240 by substituting “child-care” for “child care”. Pub. L. 10240, § 402(d)(1), substituted “7361” for “4161”. Subsec. (a)(2). Pub. L. 10254 amended subsec. (a)(2) as in effect immediately before the enactment of Pub. L. 10240 by substituting “child-care” for “child care”. Subsec. (b). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (c). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in introductory provisions and in pars. (1) and (2). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration” in par. (1). Pub. L. 10254 amended subsec. (c) as in effect before the enactment of Pub. L. 10240 by substituting “child-care” for “child care” in introductory provisions and in par. (2). Subsec. (d). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (e). Pub. L. 10254 amended subsec. (e) as in effect immediately before the enactment of Pub. L. 10240 by substituting “child-care” for “child care”.