I

103D CONGRESS

1ST SESSION H. R. 282

To provide that dependent care assistance benefits be made available to

individuals serving in the legislative branch of the Government.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. MILLER of California (for himself, Mr. RAMSTAD, Ms. NORTON, Mrs.

COLLINS of Illinois, Mr. RANGEL, Mr. TOWNS, and Mrs. SCHROEDER) introduced the following bill; which was referred to the Committee on

House Administration

A BILL

To provide that dependent care assistance benefits be made

available to individuals serving in the legislative branch

of the Government.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. DEFINITIONS.

4 For the purpose of this Act—

5 (1) the term ‘‘individual serving in the legisla6 tive branch’’ means any individual under section

7 2106 or 2107 of title 5, United States Code; and

8 (2) the term ‘‘appropriate administrative au9 thority’’ means, with respect to any individual serv-
2

•HR 282 IH

1 ing in the legislative branch whose pay is dis2 bursed—

3 (A) by the Clerk of the House of Rep4 resentatives, the Director of Non-legislative and

5 Financial Services;

6 (B) by the Secretary of the Senate, the

7 Secretary of the Senate; and

8 (C) other than as described in subpara9 graph (A) or (B), such individual’s appointing

10 authority.

11 SEC. 2. DEPENDENT CARE ASSISTANCE PROGRAMS.

12 (a) ESTABLISHMENT.—In order that dependent care

13 assistance benefits be made available to individuals serving

14 in the legislative branch, each of the appropriate adminis15 trative authorities shall establish (for those individuals

16 who are within their respective jurisdictions, as described

17 in section 1(2)), a program meeting the specifications set

18 forth in subsection (b).

19 (b) SPECIFICATIONS.—Each program established

20 under this Act shall include provisions to ensure—

21 (1) that benefits under the program—

22 (A) meet the requirements for exclusion

23 from gross income under section 129 of the In24 ternal Revenue Code of 1986 (relating to de25 pendent care assistance programs); and
3

•HR 282 IH

1 (B) are provided pursuant to salary reduc2 tion agreements meeting the requirements of

3 section 125 of the Internal Revenue Code of

4 1986 (relating to cafeteria plans) for exclusion

5 from gross income; and

6 (2) that—

7 (A) a period of not less than 8 weeks shall

8 be afforded before the start of each calendar

9 year to permit—

10 (i) any individual participating in the

11 program to elect to change the individual’s

12 salary reduction amount, or to cease par13 ticipating in the program; and

14 (ii) any eligible individual who is not

15 participating in the program to elect to

16 begin or resume participation, as the case

17 may be; and

18 (B) in addition to any opportunity afforded

19 under subparagraph (A)(i), an individual par20 ticipating in the program may, under conditions

21 prescribed by the appropriate adminstrative au22 thority, elect to change the individual’s salary

23 reduction amount, or to cease participating in

24 the program, upon filing written application

25 within 60 days after a change in family or em-
4

•HR 282 IH

1 ployment status, or the occurrence of any event

2 causing a change of 50 percent or more in esti3 mated dependent care costs for the year.

4 (c) ELIGIBILITY.—A determination as to an individ5 ual’s eligibility to participate in a program under this Act

6 may not take into account the individual’s age or length

7 of previous service, or whether the individual is serving

8 on a part-time, temporary, intermittent, or other similar

9 basis.

10 (d) REDUCTIONS IN PAY.—Any payment of basic pay

11 reduced by an amount determined pursuant to a salary

12 reduction agreement under this Act is a full and complete

13 discharge and acquittance of all claims and demands for

14 regular services during the period covered by the payment,

15 except the right to receive benefits pursuant to this Act.

16 SEC. 3. INFORMATION REQUIRED TO BE MAINTAINED.

17 Each of the appropriate administrative authorities

18 shall maintain, on an annual basis, information relating

19 to—

20 (1) the number of individuals who participated

21 in the program established by such authority (in the

22 aggregate and by salary ranges) during the preced23 ing year;
5

•HR 282 IH

1 (2) the average salary reduction elected (as an

2 overall figure and by salary ranges) under the pro3 gram during the preceding year;

4 (3) whether the total amount of salary reduc5 tions under the program during the preceding year

6 exceeded the total value of benefits provided under

7 such program during such year and, if so, the

8 amount of the excess; and

9 (4) any other aspect of the program’s operation

10 during the preceding year which the administrative

11 authority considers appropriate.

12 Information under this section shall be kept available for

13 at least 5 years following the end of the year with respect

14 to which the information relates.

15 SEC. 4. COMMENCEMENT.

16 Each of the appropriate administrative authorities

17 shall take such measures as may be necessary to ensure—

18 (1) that the first opportunity for any individual

19 to elect to become a participant in the program es20 tablished by such authority under this Act shall be

21 afforded beginning with a period (as described in

22 section 2(b)(2)(A)) commencing not less than 8

23 weeks before the program first commences (as de24 scribed in paragraph (3));
6

•HR 282 IH

1 (2) that eligible individuals are given advance

2 notice as to—

3 (A) the benefits to become available pursu4 ant to this Act;

5 (B) the terms and conditions for receiving

6 those benefits; and

7 (C) the procedures for making an election

8 during the period described in paragraph (1);

9 and

10 (3) that salary reductions are made and bene11 fits provided (in accordance with applicable terms

12 and conditions under the program) on and after the

13 first day of the first calendar year beginning at least

14 180 days after the date of enactment of this Act.

Æ