[Federal Register: February 24, 2004 (Volume 69, Number 36)]
[Rules and Regulations]
[Page 8325]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe04-1]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
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[[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 bstorm@opm.gov.
FOR FURTHER INFORMATION CONTACT: Bonnie Storm at (202) 606-1313; by fax
at (202) 606-2091; or by e-mail at bstorm@opm.gov.
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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