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On November 12, 2001, President George W. Bush signed H.R. 2590 into Public Law 107-67 which includes permanent legislation authorizing the use of appropriated funds by executive agencies to provide child care services for Federal civilian employees.
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This Guide provides Federal agencies, Federal employees, child care providers, and child care governing boards with useful information related to the child care legislation that permits agencies to spend appropriated funds, including revolving funds otherwise available for salaries, to assist their lower income employees with the costs of child care.
Here is the text of the new legislation: (please note that section "(c) ADVANCES" is a new feature of the program)
SEC. 630. (a) IN GENERAL- Hereafter, in accordance with regulations promulgated by the Office of Personnel Management, an Executive agency which provides or proposes to provide child care services for Federal employees may use appropriated funds (otherwise available to such agency for salaries and expenses) to provide child care, in a Federal or leased facility, or through contract, for civilian employees of such agency.
(b) AFFORDABILITY- Amounts so provided with respect to any such facility or contractor shall be applied to improve the affordability of child care for lower income Federal employees using or seeking to use the child care services offered by such facility or contractor.
(c) ADVANCES- Notwithstanding 31 U.S.C. 3324, amounts paid to licensed or regulated child care providers may be in advance of services rendered, covering agreed upon periods, as appropriate.
(d) DEFINITION- For purposes of this section, the term `Executive agency' has the meaning given such term by section 105 of title 5, United States Code, but does not include the General Accounting Office.
(e) NOTIFICATION- None of the funds made available in this or any other Act may be used to implement the provisions of this section absent advance notification to the Committees on Appropriations.
The law and regulations allow maximum flexibility in interpreting the definition of "lower income Federal employee." The guide contains various models for tuition assistance and a comparison chart that can help agencies decide on a model that suits their needs.
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SPECIAL NOTE: This Guide may still be used by agencies even though there are references to previous legislation. These references will soon be updated on this web site. The guidance remains appropriate, with the only significant distinction between previous legislation and Public Law 107-67, Section 630, November 12, 2001, being the "advanced payments" referenced in paragraph (c) above. Implementing regulations will be issued in the near future.
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The Guide is available in three formats:
(Files ending in .PDF are Adobe Acrobat Portable Document Format files.
Acrobat files can be read on your computer screen or printed using an
Adobe Acrobat "Reader" available free
from Adobe.)
Download the Final Regulations:
Dependent Care Assistance Plan
Feedback/Questions may be sent to the Office of Work/Family Programs at workandfamily@opm.gov.
