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) in-
troduced 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
For the purpose of this Act—
(1) the term ‘‘individual serving in the legisla-
tive branch’’ means any individual under section
2106 or 2107 of title 5, United States Code; and
(2) the term ‘‘appropriate administrative au-
thority’’ means, with respect to any individual serv-
ing in the legislative branch whose pay is dis-
bursed—
(A) by the Clerk of the House of Rep-
resentatives, the Director of Non-legislative and
Financial Services;
(B) by the Secretary of the Senate, the
Secretary of the Senate; and
(C) other than as described in subpara-
graph (A) or (B), such individual’s appointing
authority.
SEC. 2. DEPENDENT CARE ASSISTANCE PROGRAMS.
(a) ESTABLISHMENT.—In order that dependent care
assistance benefits be made available to individuals serving
in the legislative branch, each of the appropriate adminis-
trative authorities shall establish (for those individuals
who are within their respective jurisdictions, as described
in section 1(2)), a program meeting the specifications set
forth in subsection (b).
(b) SPECIFICATIONS.—Each program established
under this Act shall include provisions to ensure—
(1) that benefits under the program—
(A) meet the requirements for exclusion
from gross income under section 129 of the In-
ternal Revenue Code of 1986 (relating to de-
pendent care assistance programs); and
(B) are provided pursuant to salary reduc-
tion agreements meeting the requirements of
section 125 of the Internal Revenue Code of
1986 (relating to cafeteria plans) for exclusion
from gross income; and
(2) that—
(A) a period of not less than 8 weeks shall
be afforded before the start of each calendar
year to permit—
(i) any individual participating in the
program to elect to change the individual’s
salary reduction amount, or to cease par-
ticipating in the program; and
(ii) any eligible individual who is not
participating in the program to elect to
begin or resume participation, as the case
may be; and
(B) in addition to any opportunity afforded
under subparagraph (A)(i), an individual par-
ticipating in the program may, under conditions
prescribed by the appropriate adminstrative au-
thority, elect to change the individual’s salary
reduction amount, or to cease participating in
the program, upon filing written application
within 60 days after a change in family or em-
ployment status, or the occurrence of any event
causing a change of 50 percent or more in esti-
mated dependent care costs for the year.
(c) ELIGIBILITY.—A determination as to an individ-
ual’s eligibility to participate in a program under this Act
may not take into account the individual’s age or length
of previous service, or whether the individual is serving
on a part-time, temporary, intermittent, or other similar
basis.
(d) REDUCTIONS IN PAY.—Any payment of basic pay
reduced by an amount determined pursuant to a salary
reduction agreement under this Act is a full and complete
discharge and acquittance of all claims and demands for
regular services during the period covered by the payment,
except the right to receive benefits pursuant to this Act.
SEC. 3. INFORMATION REQUIRED TO BE MAINTAINED.
Each of the appropriate administrative authorities
shall maintain, on an annual basis, information relating
to—
(1) the number of individuals who participated
in the program established by such authority (in the
aggregate and by salary ranges) during the preced-
ing year;
(2) the average salary reduction elected (as an
overall figure and by salary ranges) under the pro-
gram during the preceding year;
(3) whether the total amount of salary reduc-
tions under the program during the preceding year
exceeded the total value of benefits provided under
such program during such year and, if so, the
amount of the excess; and
(4) any other aspect of the program’s operation
during the preceding year which the administrative
authority considers appropriate.
Information under this section shall be kept available for
at least 5 years following the end of the year with respect
to which the information relates.
SEC. 4. COMMENCEMENT.
Each of the appropriate administrative authorities
shall take such measures as may be necessary to ensure—
(1) that the first opportunity for any individual
to elect to become a participant in the program es-
tablished by such authority under this Act shall be
afforded beginning with a period (as described in
section 2(b)(2)(A)) commencing not less than 8
weeks before the program first commences (as de-
scribed in paragraph (3));
(2) that eligible individuals are given advance
notice as to—
(A) the benefits to become available pursu-
ant to this Act;
(B) the terms and conditions for receiving
those benefits; and
(C) the procedures for making an election
during the period described in paragraph (1);
and
(3) that salary reductions are made and bene-
fits provided (in accordance with applicable terms
and conditions under the program) on and after the
first day of the first calendar year beginning at least
180 days after the date of enactment of this Act.
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