---
kind: "section"
citation: "38 U.S.C. § 7809"
title: "38"
title_heading: "Veterans’ Benefits"
number: "7809"
heading: "Child-care centers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/7809"
units:
  - "Part V — Boards, Administrations, and Services"
  - "Chapter 78 — Veterans’ Canteen Service"
---

# §7809. Child-care centers

- (a)
  - (1) The [Secretary](/usc/38/101.md?p=1), through the Service, shall provide for the operation of [child](/usc/38/101.md?p=4-A)-care centers at [Department](/usc/38/101.md?p=1) facilities in accordance with this section. The operation of such centers shall be carried out to the extent that the [Secretary](/usc/38/101.md?p=1) determines, based on the demand for the care involved, that such operation is in the best interest of the [Department](/usc/38/101.md?p=1) and that is practicable to do so. The centers shall be available for the children of [Department](/usc/38/101.md?p=1) 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](/usc/38/7361.md).
  - (2) There shall be in the Service an official who is responsible for all matters relating to the provision of [child](/usc/38/101.md?p=4-A)-care services under the authority of this section.
- (b) The Service shall establish reasonable charges for [child](/usc/38/101.md?p=4-A)-care services provided at each [child](/usc/38/101.md?p=4-A)-care center operated under this section. The charges shall be subject to the approval of the [Secretary](/usc/38/101.md?p=1). 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)](#c-1) of this section.
- (c) In connection with the establishment and operation of any [child](/usc/38/101.md?p=4-A)-care center under this section, the [Secretary](/usc/38/101.md?p=1)—
  - (1) shall furnish, at no cost to the center, space in existing [Department](/usc/38/101.md?p=1) facilities and utilities, custodial services, and other services and amenities necessary (as determined by the [Secretary](/usc/38/101.md?p=1)) 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](/usc/38/101.md?p=4-A)-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](/usc/38/101.md?p=1) may furnish basic telephone service and surplus furniture and equipment without reimbursement;
  - (3) shall provide for the participation (directly or through a [parent](/usc/38/101.md?p=5) advisory committee) of [parents](/usc/38/101.md?p=5) 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](/usc/38/101.md?p=20) and local laws, ordinances, and regulations relating to health and safety and the operation of [child](/usc/38/101.md?p=4-A)-care centers.
- (d) The [Secretary](/usc/38/101.md?p=1) shall prescribe regulations to carry out this section.
- (e) For the purpose of this section, the term “[parent](/usc/38/101.md?p=5) advisory committee” means a committee comprised of, and selected by, the [parents](/usc/38/101.md?p=5) of children receiving care in a [child](/usc/38/101.md?p=4-A)-care center operated under this section.

## Source credit

(Added Pub. L. 100–322, title IV, § 412(a), May 20, 1988, 102 Stat. 547, § 4209; renumbered § 7809 and amended Pub. L. 102–40, title IV, § 402(a), (b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239; Pub. L. 102–54, § 14(e)(8), June 13, 1991, 105 Stat. 287; Pub. L. 102–83, § 4(a)(3), (4), (b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 404, 405.)

## Notes

### 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”.