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B-239708 1 (1991-01-31)

handle is hein.gao/gaobadcan0001 and id is 1 raw text is: 

                Com9nfuer Gteei fWr'Zls                   7
                ofttheUdtedbStat
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         -      Decision



                Hatter of:     GSA Authority  to Lease New Space for Child Care
                               Facilities
                rile:          B-239708

             -Date*            January 31, 1991
        . DIGEST.

                The General Services Administration  (GSA) may lease space or
     '          construct buildings specifically  for child care facilities if
                there is insufficient space available  for such purposes in its
                existing inventory,: The Trible amendment,  40 U.S.C, S 490b,
                authorizes officials controlling space  in federal buildings to
                provide space for child care facilities  if, among other
                requirements, such space is available,   Because a
                restrictive reading of the space available  language  (in
                light of the limitbd existing inventory  of appropriate space
                in federal buildings) would effectively  preclude GSA from
                providing space for child care; and because  the legislative
      .*        history of the Federal Credit Union Act,  upon which the Trible
                amendment is modeled, iadicates that  the space available
                language was not intended to limit agency  ability to provide
                facilitiesfor  credit unions, we interpret  the statute as
                permitting GSA to acquire space to make  it available for child
                care facilities.  To the extent it is  inconsistent with this
                decision, 67 Comp. Gen. 443 (1988) is overruled.
                DECISION

                The General Counsel of the General Services  Administration
                (GSA), Washington, D.C., asks whether GSA has  authority to
     *          lease additional space or construct facilities  for child care
               centers  for federal employees.  For the reasons  indicated
               below,  we hold that GSA has such authority.
               BACKGROUND
               40  U.S.C. 5 490b  1988) provides in pertinent  part that:
                     (a) If any individual or entity which provides  or
                     proposes to provide child care services  for Federal
                     employetsa.applies to the officer or agency of the
                     United States charged with'the allotment  of space in
                     the Federal buildings in the community or  district
       .             in which such individual or entity provides  or
                    proposes  to provide such service, such officer  or

                                                     PUBLISHED   DECISION

               *. 99                      kO OO 769o 70 COMp,.en

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