SUBCHAPTER IV—CHILD CARE
§2061. Designation of play areas on Capitol grounds for children attending day care center
(a) Authority of Capitol Police Board
Notwithstanding any other provision of law and subject to the provisions of paragraph (1) of subsection (b), the Capitol Police Board is authorized to designate certain portions of the Capitol grounds (other than a portion within the area bounded on the North by Constitution Avenue, on the South by Independence Avenue, on the East by First Street, and on the West by First Street) for use exclusively as play areas for the benefit of children attending a day care center which is established for the primary purpose of providing child care for the children of Members and employees of the Senate or the House of Representatives.
(b) Required approval; fences; termination of authority
(1) In the case of any such designation referred to in subsection (a) involving a day care center established for the benefit of children of Members and employees of the Senate, the designation shall be with the approval of the Senate Committee on Rules and Administration, and in the case of such a center established for the benefit of children of Members and employees of the House of Representatives, the designation shall be with the approval of the House Committee on House Oversight, with the concurrence of the House Office Building Commission.
(2) The Architect of the Capitol shall enclose with a fence any area designated pursuant to subsection (a) as a play area.
(3) The authority to use an area designated pursuant to subsection (a) as a play area may be terminated at any time by the Committee which approved such designation.
(c) Playground equipment; required approval
Nothing in this or any other Act shall be construed as prohibiting any day care center referred to in subsection (a) from placing playground equipment within an area designated pursuant to subsection (a) for use solely in connection with the operation of such center, subject to, in the case of a day care center established for the benefit of children of Members and employees of the Senate, the approval of the Senate Committee on Rules and Administration, and in the case of such a center established for the benefit of children of Members and employees of the House of Representatives, the approval of the House Committee on House Oversight, with the concurrence of the House Office Building Commission.
(d) Day care center
The day care center referred to in S. Res. 269, Ninety-eighth Congress, first session, is a day care center for which space may be designated under subsection (a) for use as a play area.
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Editorial Notes
References in Text
S. Res. 269, Ninety-eighth Congress, first session, referred to in subsec. (d), is dated Nov. 14, 1983, and reads as follows: "Resolved, That payment is authorized from the contingent fund of the Senate in an amount not to exceed $20,000 for the start-up costs, including the procurement of the services of individual consultants or organizations, for a Senate day care center, which shall be ready for occupancy by January 1, 1984.
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Codification
Section was classified to section 214b of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
1996—Subsecs. (b)(1), (c).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
§2062. House of Representatives Child Care Center
(a) Maintenance and operation; admission of children
(1) The Chief Administrative Officer of the House of Representatives shall maintain and operate a child care center (to be known as the "House of Representatives Child Care Center") to furnish pre-school child care and (subject to the approval of regulations by the Committee on House Administration) child care for school age children other than during the course of the ordinary school day—
(A) for children of individuals whose pay is disbursed by the Chief Administrative Officer of the House of Representatives and children of support personnel of the House of Representatives;
(B) if places are available after admission of all children who are eligible under subparagraph (A), for children of individuals whose pay is disbursed by the Secretary of the Senate and children of employees of agencies of the legislative branch; and
(C) if places are available after admission of all children who are eligible under subparagraph (A) or (B), for children of employees of other offices, departments, and agencies of the Federal Government.
(2) Children shall be admitted to the center on a nondiscriminatory basis and without regard to any office or position held by their parents.
(b) Advisory board; membership, functions, etc.
(1)(A) The Speaker of the House of Representatives shall appoint 15 individuals (of whom 7 shall be upon recommendation of the minority leader of the House of Representatives), to serve without pay, as members of an advisory board for the center. The board shall—
(i) provide advice to the Chief Administrative Officer on matters of policy relating to the administration and operation of the center (including the selection of the director of the center);
(ii) be chosen from among Members of the House of Representatives, spouses of Members, parents of children enrolled in the center, and other individuals with expertise in child care or interest in the center; and
(iii) serve during the Congress in which they are appointed, except that a member of the board may continue to serve after the expiration of a term until a successor is appointed.
(B) The director of the center shall serve as an additional member of the board, ex officio and without the right to vote.
(2) A vacancy on the board shall be filled in the manner in which the original appointment is made.
(3) The chairman of the board shall be elected by the members of the board.
(c) Duties of Chief Administrative Officer of House of Representatives
In carrying out subsection (a), the Chief Administrative Officer is authorized—
(1) to collect fees for child care services;
(2) to accept such gifts of money and property as may be approved by the Chairman and the ranking minority party member of the Committee on House Oversight of the House of Representatives, acting jointly; and
(3) to employ a director and other employees for the center.
(d) Salaries and expenses; funding limits
(1) There is established in the Treasury of the United States a revolving fund for the House of Representatives to be known as the "House Child Care Center Revolving Fund" (hereafter in this section referred to as the "Fund"), consisting of the amounts received under subsection (c) and any other funds deposited by the Chief Administrative Officer of the House of Representatives from amounts received by the House of Representatives with respect to the operation of the center. Except as provided in paragraphs (2) and (3), the Fund shall be the exclusive source for all salaries and expenses for activities carried out under this section.
(2) With respect to employees of the center, the House of Representatives shall make Government contributions and payments for health insurance, retirement, employment taxes, and similar benefits and programs (including the subsidies provided on behalf of employees of the center as a result of reductions in the amount of tuition otherwise charged with respect to children of such employees under paragraph (4)) in the same manner as such contributions and payments are made for other employees of the House of Representatives.
(3) The House of Representatives shall make payments from amounts provided in appropriations acts for salaries and expenses of the Office of the Chief Administrative Officer for the following activities carried out under this section:
(A) The payment of the salary of the director of the center, and, at the option of the Chief Administrative Officer during an emergency situation, the payment of the salary of other employees of the Center.
(B) The cost of training classes and conferences for individuals employed by the center in connection with the provision of child care services, together with the cost of travel (including transportation and subsistence) incurred in connection with such classes and conferences.
(C) During an emergency situation, the payment of such other expenses for activities carried out under this section as the Chief Administrative Officer determines appropriate.
(4) In the case of a child of an employee of the center who is furnished care at the center, the Chief Administrative Officer shall reduce the amount of tuition otherwise charged with respect to such child during a month by the greater of—
(A) 50 percent; or
(B) such percentage as may be necessary to ensure that the total amount of tuition paid by the employee with respect to all children of the employee who are furnished care at the center during the month does not exceed $1,000.
(e) Fund as category of allowances and expenses
The Fund shall be treated as a category of allowances and expenses for purposes of
(f) Definitions
As used in this section—
(1) the term "Member of the House of Representatives" means a Representative in, or a Delegate or Resident Commissioner to, the Congress;
(2) the term "agency of the legislative branch" means the Office of the Architect of the Capitol, the Botanic Garden, the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, the Congressional Budget Office, and the Copyright Royalty Tribunal; and
(3) the term "support personnel" means, with respect to the House of Representatives, any employee of a credit union or of the Architect of the Capitol, whose principal duties are to support the functions of the House of Representatives.
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Editorial Notes
Codification
Section was classified to section 184g of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Section is comprised of section 312 of
Amendments
2022—Subsec. (d)(3)(B).
2020—Subsec. (d)(3)(A).
Subsec. (d)(3)(C).
2019—Subsec. (d)(2).
Subsec. (d)(4).
2010—Subsec. (d)(1).
Subsecs. (e), (f).
2009—Subsec. (a)(1).
2004—Subsec. (e)(2).
2003—Subsec. (d)(1).
Subsec. (d)(3).
1999—Subsec. (a)(1)(C).
1996—
Subsec. (a)(1)(A).
Subsec. (b)(1)(A).
Subsec. (c)(2).
Subsec. (d)(1).
Subsec. (d)(2).
1992—Subsec. (d)(2).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
"Government Publishing Office" substituted for "Government Printing Office" in subsec. (f)(2) on authority of section 1301(b) of
Effective Date of 2022 Amendment
Effective Date of 2020 Amendment
Effective Date of 2019 Amendment
Effective Date of 2010 Amendment
Effective Date of 2003 Amendment
Effective Date of 1999 Amendment
Effective Date of 1992 Amendment
Transfer of Existing Account
Retirement Credit for Certain Prior Service With House Child Care Center
"(a)
"(1) the term 'House Child Care Center' means the House of Representatives Child Care Center; and
"(2) the term 'Congressional employee' has the meaning given such term—
"(A) in subchapter III of
"(B) in
"(b) CSRS.—(1) Subject to paragraph (2), any individual who is an employee of the House Child Care Center on the date of enactment of this Act [Aug. 11, 1993] shall be allowed credit under subchapter III of
"(A) such service was performed before October 1, 1991, as an employee of the House Child Care Center (as constituted before that date); and
"(B) the employee is subject to subchapter III of
"(2) Credit for service described in paragraph (1)(A) shall not be allowed under this section unless there is paid into the Civil Service Retirement and Disability Fund, by or on behalf of the employee involved, an amount equal to the deductions from pay which would have been applicable under
"(c) FERS.—(1) Subject to paragraph (2), any individual who is an employee of the House Child Care Center on the date of enactment of this Act [Aug. 11, 1993] shall be allowed credit under
"(A) such service was performed before October 1, 1991, as an employee of the House Child Care Center (as constituted before that date); and
"(B) the employee is subject to
"(2) Credit for service described in paragraph (1)(A) shall not be allowed under this section unless there is paid into the Civil Service Retirement and Disability Fund, by or on behalf of the employee involved, an amount equal to the deductions from pay which would have been payable under applicable provisions of law, for the period of service involved, if such employee were then a Congressional employee, including interest (computed in the same way as interest under subsection (b)(2)). Retirement credit may not be allowed under this section for any such service unless the full amount of the deposit required under the preceding sentence has been paid.
"(d)
"(e)
"(1) prescribe any regulations which may be necessary to carry out this section; and
"(2) with respect to any service for which credit is sought under this section, accept the certification of the Clerk of the House of Representatives concerning the period of such service and the amount of pay which was paid for such service."
Availability of Amounts Deposited in Account for Salaries and Expenses
§2063. Senate Employee Child Care Center
(a) Applicability of provisions
The provisions of this section shall apply to any individual who is employed by the Senate day care center (known as the "Senate Employee Child Care Center" and hereafter in this section referred to as the "Center") established pursuant to Senate Resolution 269, Ninety-eighth Congress, and
(b) Employee election of health care insurance coverage
Any individual described under subsection (a) who is employed by the Center on or after August 14, 1991, shall be deemed an employee under
(c) Deductions and withholding from employee pay
The Center shall make such deductions and withholdings from the pay of an individual described under subsection (a) who is an employee of the Center in accordance with subsection (d) of this section.
(d) Employee records; amount of deductions
The Center shall—
(1) maintain records on all employees covered under this section in such manner as the Secretary of the Senate may require for administrative purposes; and
(2) after consultation with the Secretary of the Senate—
(A) make deductions from the pay of employees of amounts determined in accordance with
(B) transmit such deductions to the Secretary of the Senate for deposit and remittance to the Office of Personnel Management.
(e) Government contributions
Government contributions for individuals receiving benefits under this section, as computed under
(f) Regulations
The Office of Personnel Management may prescribe regulations to carry out the provisions of this section.
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Editorial Notes
References in Text
For Senate Resolution 269, referred to in subsec. (a), see References in Text note set out under
Codification
Section was classified to section 214c of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Statutory Notes and Related Subsidiaries
Source of Funds Used for Payment of Salaries and Expenses of Senate Employee Child Care Center
"(a)
"(b)
"(1) the lesser of—
"(A) the amount of the operating costs (including payroll, general, and administrative expenses) of the Center for such month; or
"(B) $105,000; and
"(2) the amount of tuition payments collected by the Center for such month."
[For definition of "coronavirus" as used in section 19001 of
§2064. Senate Employee Child Care Center employee benefits
(a) Election for coverage
The provisions of this section shall apply to any individual who—
(1)(A) on October 6, 1992, is employed by the Senate day care center (known as the "Senate Employee Child Care Center") established pursuant to Senate Resolution 269, Ninety-eighth Congress, and
(B) makes an election to be covered by this section with the Secretary of the Senate, no later than 60 days after October 6, 1992; or
(2) is hired by the Center after October 6, 1992, and makes an election to be covered by this section with the Secretary of the Senate, no later than 60 days after the date such individual begins employment.
(b) Payment of deposit; payroll deduction
(1) Any individual described under subsection (a) may be credited,1 under
(2) An individual described under subsection (a) shall be credited under
(c) Survivor annuities and disability benefits
Notwithstanding any other provision of this section, any service performed by an individual described under subsection (a) as an employee of the Senate day care center is deemed to be civilian service creditable under
(d) Participation in Thrift Savings Plan
An individual described under subsection (a) shall be deemed a congressional employee for purposes of
(e) Life insurance coverage
An individual described under subsection (a) shall be deemed an employee under
(f) Government contributions
Government contributions for individuals receiving benefits under this section, as computed under sections 8423, 8432, and 8708,2 shall be made by the Secretary of the Senate from the appropriations account, within the contingent fund of the Senate, "Miscellaneous Items".
(g) Certification of creditable service
The Office of Personnel Management shall accept the certification of the Secretary of the Senate concerning creditable service for the purpose of this section.
(h) Payment to center of amounts equal to Federal tax on employers
(1) Subject to the provisions of paragraph (2), the Secretary of the Senate shall pay such amounts to the Senate day care center equal to the tax on employers under
(2) The Senate day care center shall provide appropriate documentation to the Secretary of the Senate of payment by such center of the tax described under paragraph (1), before the Secretary of the Senate may pay any amount to such center as provided under paragraph (1).
(i) Administrative provisions
The Center shall—
(1) consult with the Secretary of the Senate on the administration of this section;
(2) maintain records on all employees covered under this section in such manner as the Secretary of the Senate may require for administrative purposes;
(3) make deductions and withholdings from the pay of employees in the amounts determined under
(4) transmit such deductions and withholdings to the Secretary of the Senate for deposit and remittance to the Office of Personnel Management.
(j) Regulations
The Office of Personnel Management may prescribe regulations to carry out the provisions of this section.
(
Editorial Notes
References in Text
For Senate Resolution 269, referred to in subsec. (a)(1)(A), see References in Text note set out under
Codification
Section was classified to section 214d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by
Amendments
1993—Subsec. (b)(1).
Subsecs. (h) to (j).
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
1 So in original. The comma probably should not appear.
2 So in original. The words "of title 5" probably should precede the comma.
§2065. Reimbursement of Senate day care center employees
(a) Cost of training classes, conferences, and related expenses
Notwithstanding
(b) Documentation
The Senate day care center shall certify and provide appropriate documentation to the Secretary of the Senate with respect to any reimbursement under this section. Reimbursements under this section shall be made from the appropriations account "MISCELLANEOUS ITEMS" within the contingent fund of the Senate on vouchers approved by the Secretary of the Senate.
(c) Regulations and limitations
Reimbursements under this section shall be subject to the regulations and limitations prescribed by the Committee on Rules and Administration of the Senate for travel and related expenses for which payment is authorized to be made from the contingent fund of the Senate.
(d) Effective date
This section shall be effective on and after October 1, 1996.
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Editorial Notes
Codification
Section was classified to section 214e of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by