[Federal Register Volume 69, Number 36 (Tuesday, February 24, 2004)]
[Rules and Regulations]
[Page 8325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3953]



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  Federal Register / Vol. 69, No. 36 / Tuesday, February 24, 2004 / 
Rules and Regulations  

[[Page 8325]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 792

RIN 3206-AJ77


Agency Use of Appropriated Funds for Child Care Costs for Lower 
Income Employees

AGENCY: Office of Personnel Management.

ACTION: Final rule.

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SUMMARY: The Office of Personnel Management (OPM) is issuing final 
regulations implementing the Child Care Subsidy Program legislation. 
OPM is issuing final regulations because Congress made permanent the 
law authorizing agencies in the Executive Branch of the Federal 
Government to assist lower income employees with their child care 
costs, thus making child care more affordable for those employees.

EFFECTIVE DATE: The regulations are effective March 24, 2003.

ADDRESSES: Direct questions to: U.S. Office of Personnel Management, 
1900 E St. NW., Room 7315, Washington, DC 20415, Attn: Bonnie Storm or 
e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: Bonnie Storm at (202) 606-1313; by fax 
at (202) 606-2091; or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: OPM is issuing final regulations for 5 CFR 
part 792. Congress enacted Pub. L. 106-58, sec. 643, on September 29, 
1999, which allowed Executive agencies to use appropriated funds to 
assist their lower income Federal employees with the costs of child 
care. The authority was first established as a pilot program effective 
from March 14, 2000, until September 30, 2001.
    OPM first issued interim regulations to implement the authority, 
which were published in the Federal Register on March 14, 2000. The 
authority for the Child Care Subsidy Program was then made permanent on 
November 12, 2001, by sec. 630, Pub. L. 107-67, the 2001 Treasury and 
General Government Appropriations Act. OPM then issued interim 
regulations ``Agency Use of Appropriated Funds for Child Care Costs for 
Lower Income Employees'' on March 24, 2003 (68 FR 14127). This 
regulation became effective on March 24, 2003.
    The latest interim regulations clarified that the law was permanent 
and removed dates that were no longer relevant. The regulation also 
authorized advance payments to child care providers under certain 
circumstances as described in Sec. 792.231. The revisions contained in 
the interim regulations also made the regulations easier to understand 
by substituting the words ``child care subsidy'' for ``tuition 
assistance'' to avoid any confusion associated with educational 
programs versus custodial care programs. Finally, the interim 
regulations clarified that agencies must use child care providers that 
meet State and local licensing standards, and that employees are free 
to choose among both accredited and non-accredited providers in order 
to qualify.
    The interim regulations that were published in the Federal Register 
on March 24, 2003, provided a 30-day period for comments, but no 
comments were received.

Executive Order 12866 Regulatory Review

    This rule has been reviewed by the Office of Management and Budget 
in accordance with Executive Order 12866.

Regulatory Flexibility Act

    I certify that these changes will not have a significant economic 
impact on a substantial number of small entities because the 
regulations pertain only to Federal employees and agencies.

List of Subjects in 5 CFR Part 792

    Alcohol abuse, Alcoholism, Day care, Drug abuse, Government 
employees.

Office of Personnel Management.
Kay Coles James,
Director.

0
Accordingly, under the authority of Pub. L. 107-67, the interim rule 
issued on March 24, 2003 (68 FR 14127) amending 5 CFR part 792, is 
adopted as final with no substantive changes.
[FR Doc. 04-3953 Filed 2-23-04; 8:45 am]
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