Title 40 — Public Buildings, Property, and WorksRelease 119-73not60
§590 Child Care
Title 40 › Subtitle SUBTITLE I— FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES › Chapter 5— PROPERTY MANAGEMENT › Subchapter V— OPERATION OF BUILDINGS AND RELATED ACTIVITIES › § 590
Summary
The General Services Administration must help federal agencies set up and run child care centers through its licensing agreements so workers can get affordable, useful child care. Two short definitions: "child care provider" means a person or group that offers child care for federal employees; "allotment officer" means the federal official who assigns space in federal buildings; "executive facility" means a building owned or leased by the executive branch (and some GSA-held judicial buildings). A provider can get space in a federal building if they apply where the care will be, space is free, and the officer finds that at least 50 percent of the children have a parent who works for the government and that the provider will give federal employees priority. The law lets federal space come with services like lights, heat, furniture, kitchen and playground equipment, phones, and security, and such space can be provided without charge. Agencies or GSA can pay accreditation fees, send staff to the annual GSA child care conference, or join with private groups to help pay staff costs. Agencies may reimburse travel, transportation, and subsistence for training up to the per diem in section 5707 of title 5. All workers in child care centers in executive facilities must have criminal background checks per section 231 of the Crime Control Act of 1990 (42 U.S.C. 13041). Office of Personnel Management rules let executive agencies use salary-and-expense funds to offer child care (focused to help lower-income employees), allow advance payments to licensed providers, and require advance notice to the House and Senate Committees on Appropriations; the House and Senate have special rules for who exercises OPM’s authority for them.
Full Legal Text
Title 40, §590
Public Buildings, Property, and Works — Source: USLM XML via OLRC
(a)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 provide economical and effective child care for federal workers.
(b)(1)In this subsection, the following definitions apply:
(A)The term “child care provider” means an individual or entity that provides or proposes to provide child care services for federal employees.
(B)The term “allotment officer” means an officer or agency of the Federal Government charged with the allotment of space in federal buildings.
(2)A child care provider may be allotted space in a federal building by an allotment officer if—
(A)the child care provider applies to the allotment officer in the community or district 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 employed by the Government; and
(ii)the child care provider will give priority to federal employees for available child care services in the space.
(c)(1)For purposes 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.
(2)Space allotted under subsection (b) may be provided without charge for rent or services.
(3)For space allotted 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 miscellaneous receipts or other appropriate account of the Treasury.
(d)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 representatives of the child care facility to attend the annual Administration child care conference; and
(3)enter into a consortium with one or more private entities under which the private entities assist in defraying costs associated with the salaries and benefits for personnel providing services at the facility.
(e)Notwithstanding section 1345 of title 31, an agency, department, or instrumentality of the Government that provides or proposes to provide child care services for federal employees may reimburse a federal employee or any individual employed to provide child care services for travel, transportation, and subsistence expenses incurred for training classes, conferences, or other meetings in connection with providing the services. A per diem allowance made under this subsection may not exceed the rate specified in regulations prescribed under section 5707 of title 5.
(f)(1)In this subsection, the term “executive facility” means a facility owned or leased by an office or entity within the executive branch of the Government. The term includes a facility owned or leased by the General Services Administration on behalf of an office or entity within the judicial branch of the Government.
(2)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).11 See References in Text note below.
(3)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)(1)For purposes of this subsection, the term “Executive agency” has the meaning given that term in section 105 of title 5, but does not include the Government Accountability Office.
(2)In accordance with regulations the Office of Personnel Management prescribes, an Executive agency that provides or proposes to provide child care services for federal 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 civilian employees of the agency.
(3)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)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 period.
(5)No amounts made available 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)This subsection shall apply with respect 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 Representatives in accordance with regulations promulgated by the Committee on House Administration; and
(B)amounts may be made available to implement this subsection with respect to the House of Representatives without advance notice to the Committee on Appropriations of the Senate.
(7)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 with respect to the Senate, by the Majority and Minority Leaders of the Senate, in accordance with regulations promulgated by the Committee on Rules and Administration of the Senate; and
(B)amounts may be made available to implement this subsection with respect to the Senate without advance notice to the Committee on Appropriations of the House of Representatives.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (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 unnecessary words. In subsection (f)(2), the word “workers” is substituted 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 reclassification 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 “Government Accountability Office” for “General Accounting 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.”
Reference
Citations & Metadata
Citation
40 U.S.C. § 590
Title 40 — Public Buildings, Property, and Works
Last Updated
Apr 5, 2026
Release point: 119-73not60