About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-186875 1 (1978-03-20)

handle is hein.gao/gaobadfvp0001 and id is 1 raw text is: L Lit. Jonathan Barker . THE COMPTMCLLER ENERAL CECISION . r, . OF TME UNITED *TAIE , WASHINGTON. D.C. R0oe.E FILE: DATE: March 20, 1978 MATTER OP: Space rental for HEW employee day care centers. DIGEST: The Secretary of Health, Education and Welfare (HEW) is authorized by section 524 of the Education Amendments of 1976, 20 U. S. C. 5 2564, to use appropriated fundo to pro- vide appropriate donated space for any day care facility he establishec. That is, the space may be provided by the Secretary to the facility without charge. There is no statutory requirement that this space be in HEW controlled spsor ., nor is there any relevant distinction between the paymeiht of rent to the General Services Administration under 40 U. r. C. 5 490(j) aiid of rent to a private concern. Therefore, the Secretary may lease space specially for the purpose of establishing day care centers for the children of HEW employees in those instancc's in which there is no suitable space available for the establishment of such centers in buildings in which HEW components are located. The General Counsel of Health, Edudation and Welfare (HEW) requested the opinion of this Office on whether that Department may use appropriated funds to lease space for the purpose of establishing day care centers for the children of HEW employees, in those instances in which there is no suitable space for the establishment of such centers ii btilldings in which HEW components are located. He notes that sec- tion 524 of the Education Amendments of 1976, authorizes the Secretary of HEW to establish, equip, and operate day care center facilities to serve children of HEW amployees. It is expected that these centers will genera' 'e established in buildings owned or leased by the Governmen. . *ich components of HEW are located. However, the Department anticipates that in some instances HEW buildings may not be nmitable for the establishment of day care centers and therefore any facilities which might be established would have to be located in specially leased space. The General Counsel asks whether Depart- ment appropriations are properly available for such purpose. In a legal memorandum encicsed with his request, it is argued that based upon the language and legislative history of section 524 of the Education Amendments, the language and legislative history of a comparable statute, and applicable decisions of the Comptroller General, the Secretary may lease space for a child day care center where suitable space is unavailable in buildings in which HEW facilities are located. . -1 - I- I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most