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Guide for Implementing Child Care Legislation

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Use of the Guide

Purpose of the Guide:

The purpose of this Guide is to provide 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 available for salaries and expenses) to assist their lower income employees with the costs of child care.

How to Use the Guide:

The information contained in this guide is a supplement to the child care regulation, published in March, 2003. (5 CFR Part 792). The guide focuses on procedural matters related to the law. The information in the guide can be used as is or can be changed to suit the needs of each agency. The agency form for reporting annual child care subsidy results to OPM, Form 1645, is mandatory and cannot be altered.

This legislation is permanent. The materials and information in this guide are intended to assist agencies in expediting the process of distributing funds for child care costs of lower income Federal employees.

The law and regulations allow maximum flexibility in interpreting the definition of “lower income Federal employee” provided the intent of the law specifying “lower income” is respected. The guide contains various models for child care subsidy programs that can help agencies decide on a model that suits their needs. An agency may choose to use one of the models or create their own program criteria.

Which agencies have this authority?

Executive agencies, with the exception of the General Accountability Office (GAO), have this authority. The authority includes the Department of Defense. Agencies may use any appropriated funds, including revolving funds that are ordinarily used for salaries and expenses for this purpose.

For how long is this authority in effect?

The law is permanent and was enacted on November 12, 2001.

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