5 C.F.R. PART 792—FEDERAL EMPLOYEES' HEALTH AND COUNSELING PROGRAMS


Title 5 - Administrative Personnel


Title 5: Administrative Personnel

Browse Previous |  Browse Next

PART 792—FEDERAL EMPLOYEES' HEALTH AND COUNSELING PROGRAMS

Section Contents

Subpart A—Regulatory Requirements for Alcoholism and Drug Abuse Programs and Services for Federal Civilian Employees

§ 792.101   Statutory requirements.
§ 792.102   General.
§ 792.103   Coverage.
§ 792.104   Responsibilities of the Office of Personnel Management.
§ 792.105   Agency responsibilities.

Subpart B—Agency Use of Appropriated Funds for Child Care Costs for Lower Income Employees—What Is the Child Care Subsidy Program Legislation and to Whom Does It Apply?

§ 792.200   What are the benefits of the child care subsidy program law?
§ 792.201   What is the purpose of the child care subsidy program law?
§ 792.202   Do agencies have any notification responsibilities before initiating a child care subsidy program and when may agencies obligate funds for the program?
§ 792.203   What materials are available to assist agencies with the process of establishing a child care subsidy program?
§ 792.204   Are there any special reporting and oversight requirements related to the child care subsidy program law?
§ 792.205   Which agency funds may be used for the purpose of the child care subsidy program?
§ 792.206   Are agencies required to participate in this program?
§ 792.207   When does the child care subsidy program law become effective and how may agencies take advantage of this law?
§ 792.208   What is the definition of executive agency?
§ 792.209   What is the definition of child care subsidy program?
§ 792.210   What is the definition of civilian employee?
§ 792.211   What is the definition of a Federally sponsored child care center?
§ 792.212   What is the definition of a child care contractor?
§ 792.213   What is the definition of a child for the purposes of this subpart?
§ 792.214   Which children are eligible for this subsidy?
§ 792.215   What is the definition of a child with disabilities?
§ 792.216   Are Federal employees with children who are enrolled in summer programs and part-time programs eligible for the child care subsidy program?
§ 792.217   Are part-time Federal employees eligible for the child care subsidy program?
§ 792.218   Does the law apply only to on-site Federal child care centers that are utilized by Federal families?
§ 792.219   Are agencies required to negotiate with their Federal labor organizations concerning the implementation of this law?
§ 792.220   What are the requirements that child care providers must meet in order to participate in this program?
§ 792.221   Is there a statutory cap on the amount or the percentage of child care costs that will be subsidized?
§ 792.222   What is the definition of a lower income Federal employee and how is the amount of the child care subsidy determined?
§ 792.223   Who determines if a Federal employee qualifies as a lower income employee and how is the program administered?
§ 792.224   Are child care subsidies paid to the Federal employee using the child care?
§ 792.225   May an agency disburse funds to an organization that administers the child care subsidy program prior to the time the employee receives the child care services?
§ 792.226   How may an agency disburse funds to a Federally sponsored child care center in a multi-tenant building?
§ 792.227   How long will the child care subsidy program be in effect for a Federal employee?
§ 792.228   May these funds be used for children of Federal employees who are already enrolled in child care?
§ 792.229   May an agency place restrictions or requirements on the use of these funds, and may the agency restrict the disbursement of such funds to only one type of child care or to one location?
§ 792.230   May an agency use appropriated funds to improve the physical space of the family child care homes or child care centers?
§ 792.231   Is an agency permitted to make advance child care subsidy program payments for an individual Federal employee?


Authority:  Sec. 201 of Pub. L. 91–616, 84 Stat. 1849, as amended and transferred to sec. 520 of the Public Health Services Act by sec. 2 (b)(13) of Pub. L. 98-24 (42 U.S.C. 290dd-1) and sec. 413 of Pub. L. 92–255, 86 Stat. 84, as amended and transferred to sec. 525 of the Public Health Service Act by sec. 2(b)(16)(A) of Pub. L. 98-24 (42 U.S. C. 290ee-l); Sec. 643, Pub. L. 106–58, 113 Stat. 477.

Subpart A—Regulatory Requirements for Alcoholism and Drug Abuse Programs and Services for Federal Civilian Employees
top
§ 792.101   Statutory requirements.
top

Sections 290dd–1 and 290ee–1 of 42 United States Code, provide that the Office of Personnel Management shall be responsible for developing and maintaining, in cooperation with the Secretary of the Department of Health and Human Services, and with other Federal departments and agencies, appropriate prevention, treatment, and rehabilitation programs and services for Federal civilian employees with alcohol and/or drug problems. To the extent feasible, agencies are encouraged to extend services to families of alcohol and/or drug abusing employees and to employees who have family members who have alcohol and/or drug problems. Such programs and services shall make optimal use of existing government facilities, services, and skills.

[50 FR 16692, Apr. 29, 1985]

§ 792.102   General.
top

It is the policy of the Federal Government to offer appropriate prevention, treatment, and rehabilitation programs and services for Federal civilian employees with alcohol and/or drug problems. Short-term counseling and/or referral, or offers thereof, shall constitute the appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse, alcoholism, and/or drug abuse required under 42 U.S.C. 290dd–1(a) and 290ee–1(a). Federal departments and agencies must establish programs to assist employees with these problems in accordance with the legislation cited in §792.101.

[50 FR 16692, Apr. 29, 1985]

§ 792.103   Coverage.
top

This part applies to all positions in Executive agencies as defined in section 105 of title 5 of the United States Code, and to those positions in the legislative and judicial branch of the Federal Government which are in the competitive service.

[49 FR 27921, July 9, 1984]

§ 792.104   Responsibilities of the Office of Personnel Management.
top

OPM shall provide overall leadership for the Government-wide alcoholism and drug abuse program in cooperation with the Secretary of Health and Human Services. To accomplish this, OPM shall develop and issue policy and program guidance, provide technical assistance to agencies, and determine the overall effectiveness of the Government-wide program, as well as those programs at individual agencies, based on program information required of agencies.

[49 FR 27921, July 9, 1984]

§ 792.105   Agency responsibilities.
top

(a) Agencies shall establish and administer programs through which practitioners who are knowledgeable in counseling and referral services can offer and provide employees who have alcohol and/or drug problems short-term counseling and/or referrals for long-term counseling or treatment.

(b) Agencies shall issue internal instructions implementing the requirements of 42 U.S.C. 290dd–1(a) and 290ee–1(a) and this regulation.

(c) Whenever a manager/supervisor becomes aware that a Federal employee's use of alcohol and/or drugs may be contributing to a performance or conduct deficiency, the manager/supervisor shall recommend counseling and refer the employee to the agency counseling program. If an employee fails to participate in any rehabilitative program or, having participated, the employee fails to bring conduct or performance up to satisfactory level, the agency shall evaluate the employee accordingly and initiate an appropriate performance-based or adverse action.

(d) As requested, agencies shall annually submit a report to OPM on their counseling activities for the past fiscal year at a time, and in a manner, set by OPM.

[49 FR 27921, July 9, 1984, as amended at 50 FR 16692, Apr. 29, 1985]

Subpart B—Agency Use of Appropriated Funds for Child Care Costs for Lower Income Employees—What Is the Child Care Subsidy Program Legislation and to Whom Does It Apply?
top

Source:  68 FR 14128, Mar. 24, 2003, unless otherwise noted.

§ 792.200   What are the benefits of the child care subsidy program law?
top

Sec. 630 of Public Law 107–67 permits executive agencies to use appropriated funds to improve the affordability of child care for lower income Federal employees. The law applies to child care in the United States and in overseas locations. Employees can benefit from reduced child care rates at Federal child care centers, non-Federal child care centers, and in family child care homes for both full-time and part-time programs such as before and after school programs and daytime summer programs.

§ 792.201   What is the purpose of the child care subsidy program law?
top

The law is intended to make child care more affordable for lower income Federal employees through the use of agency appropriated funds.

§ 792.202   Do agencies have any notification responsibilities before initiating a child care subsidy program and when may agencies obligate funds for the program?
top

An agency intending to initiate a child care subsidy program must provide notice to the House Subcommittee on Treasury, Postal Service and General Government Appropriations; to the Senate Subcommittee on Treasury and General Government Appropriations; and to its appropriations subcommittees prior to the obligation of funds. The agency must also notify OPM of its intention. The agency must give notice to these Congressional committees and OPM annually, and funds may be obligated immediately after the agency has made these notifications.

§ 792.203   What materials are available to assist agencies with the process of establishing a child care subsidy program?
top

OPM has developed guidance that contains samples of memoranda of understanding, marketing tools, child care subsidy program applications, and models for determining subsidy program eligibility. These materials are found in the “Guide for Implementing Child Care Legislation—Public Law 107–67, Sec. 630.” The Guide is available on OPM's Web site, http://www.opm.gov/wrkfam. Agencies may also obtain a copy by writing to OPM at U.S. Office of Personnel Management, Office of Work/Life Programs, 1900 E St., NW., Washington, DC 20415.

§ 792.204   Are there any special reporting and oversight requirements related to the child care subsidy program law?
top

Agencies are responsible for tracking the utilization of their funds and reporting the results to OPM. OPM will provide agencies the mandatory reporting form for this purpose. OPM also will produce an annual report for use by the agencies.

§ 792.205   Which agency funds may be used for the purpose of the child care subsidy program?
top

Agencies are permitted to use appropriated funds, including revolving funds, that are otherwise available to them for salaries and expenses.

§ 792.206   Are agencies required to participate in this program?
top

Agencies are not required to participate in this program. The decision to participate is left to the discretion of the agency. If an agency chooses to participate, it may not use funds other than those specified in §792.205.

§ 792.207   When does the child care subsidy program law become effective and how may agencies take advantage of this law?
top

This authority was made permanent on November 12, 2001. Agencies may now offer child care subsidy programs to their lower income Federal employees to help them reduce their child care costs.

§ 792.208   What is the definition of executive agency?
top

The term executive agency is defined by section 105 of title 5, United States Code, but does not include the General Accounting Office.

§ 792.209   What is the definition of child care subsidy program?
top

The term child care subsidy program, for the purposes of this subpart, means the program that results from the expenditure of agency funds to assist lower income Federal employees with child care costs, including such activities as: Determining which employees receive a subsidy and the size of the subsidy each employee receives; distributing agency funds to participating providers; and tracking and reporting to OPM information such as total cost and employee use of the program.

§ 792.210   What is the definition of civilian employee?
top

The term civilian employee, for the purposes of this subpart, means all appointive positions in an executive agency (5 U.S.C. 105). It does not refer to private contractors hired by the agencies.

§ 792.211   What is the definition of a Federally sponsored child care center?
top

The term Federally sponsored child care center, for the purposes of this subpart, is a child care center that is located in a building or space that is owned or leased by the Federal Government.

§ 792.212   What is the definition of a child care contractor?
top

Section 630 of Public Law 107–67 provides that child care services provided by contract are encompassed by this new legislation. The term child care contractor applies to an organization or individual providing child care services for which Federal families are eligible. These entities are commonly referred to as “child care providers” in the child care industry and they provide services under contract in center-based child care and family child care homes.

§ 792.213   What is the definition of a child for the purposes of this subpart?
top

For the purposes of this subpart, a child is considered to be:

(a) A biological child who lives with the Federal employee;

(b) An adopted child;

(c) A stepchild;

(d) A foster child;

(e) A child for whom a judicial determination of support has been obtained; or

(f) A child to whose support the Federal employee, who is a parent or legal guardian, makes regular and substantial contributions.

§ 792.214   Which children are eligible for this subsidy?
top

The law covers the children of Federal employees, excluding contract employees, from birth through age 13 and disabled children through age 18.

§ 792.215   What is the definition of a child with disabilities?
top

For the purpose of this subpart, a child with disabilities is defined as one who is unable to care for himself or herself based on a physical or mental incapacity as determined by a physician or licensed or certified psychologist.

§ 792.216   Are Federal employees with children who are enrolled in summer programs and part-time programs eligible for the child care subsidy program?
top

Federal employees with children (birth through age 13) and children with disabilities (children through age 18) who are enrolled in daytime summer programs and part-time programs such as before and after school programs are eligible for the child care subsidy program. The summer and part-time programs must be licensed and/or regulated.

§ 792.217   Are part-time Federal employees eligible for the child care subsidy program?
top

Federal employees who work part-time are eligible for the child care subsidy program.

§ 792.218   Does the law apply only to on-site Federal child care centers that are utilized by Federal families?
top

The bill includes non-Federal center-based child care as well as care in family child care homes, as long as the providers are licensed and/or regulated by the State and/or local regulating authorities.

§ 792.219   Are agencies required to negotiate with their Federal labor organizations concerning the implementation of this law?
top

Agencies are reminded of their obligation under 5 U.S.C. 7117 to negotiate or consult, as appropriate, with the exclusive representatives of their employees on the implementation of the regulations in this subpart.

§ 792.220   What are the requirements that child care providers must meet in order to participate in this program?
top

The provider, whether center-based or family child care, must be licensed and/or regulated by the State and, where applicable, by local authorities where the child care service is delivered. Outside of the United States, agencies may adopt or create criteria to ensure a child care center or family child care home is safe. Agencies must not restrict the use of funds to apply to accredited child care providers only.

§ 792.221   Is there a statutory cap on the amount or the percentage of child care costs that will be subsidized?
top

The law does not specify a cap on the amount or percentage of child care subsidy that may be subsidized.

§ 792.222   What is the definition of a lower income Federal employee and how is the amount of the child care subsidy determined?
top

Each agency decides who qualifies as a lower income Federal employee within that agency. OPM has provided guidance for determining eligibility in the “Guide for Implementing Child Care Legislation—Public Law 107–67, Sec. 630.” This publication is available on OPM's Web site, http://www.opm.gov/wrkfam.

§ 792.223   Who determines if a Federal employee qualifies as a lower income employee and how is the program administered?
top

The agency or another appropriately identified organization determines eligibility using certain income and/or subsidy program criteria chosen by the agency. If the agency itself does not administer the program, it must select another organization to do so, using procedures that are in accordance with the Federal Acquisition Regulations. Regardless of what organization administers the program, the model for determining both the subsidy program eligibility and the amount of the subsidy is always determined by the Federal agency.

§ 792.224   Are child care subsidies paid to the Federal employee using the child care?
top

Agencies must pay the child care provider directly, unless one of the following exceptions applies:

(a) If an agency chooses to have an organization administer its program (see §792.223), the organization pays the child care provider;

(b) For overseas locations, the agency may choose to pay the employee if the provider deals only in foreign currency; or

(c) In unique circumstances, an agency may obtain written permission from OPM to do so.

§ 792.225   May an agency disburse funds to an organization that administers the child care subsidy program prior to the time the employee receives the child care services?
top

The agency may disburse funds to an organization that administers the child care subsidy program in one lump sum. The organization will be responsible for tracking the funds and providing the agency with regular reports. An agency contract should specify that any unexpended funds shall be returned to the agency after the contract is completed.

§ 792.226   How may an agency disburse funds to a Federally sponsored child care center in a multi-tenant building?
top

In a multi-tenant building, funds from the agencies may be pooled together for the benefit of the employees qualified for the child care subsidy program.

§ 792.227   How long will the child care subsidy program be in effect for a Federal employee?
top

The child care subsidy program, in the form of a reduced child care cost rate, shall be in effect from the time the agency makes a decision for a particular Federal employee and the child is enrolled in the program until one of the following occurs:

(a) The child is no longer enrolled in the program;

(b) The employee no longer qualifies as a “lower income employee'; or

(c) The agency no longer has a child care subsidy program.

§ 792.228   May these funds be used for children of Federal employees who are already enrolled in child care?
top

The funds may be used for children currently enrolled in child care as long as their families meet the child care subsidy program eligibility requirements established by the agency.

§ 792.229   May an agency place restrictions or requirements on the use of these funds, and may the agency restrict the disbursement of such funds to only one type of child care or to one location?
top

(a) Depending on the agency's staffing needs and the employees' own needs, including the local availability of child care, the agency may choose to place restrictions on the use of its funds for the child care subsidy program. For example, an agency may decide to restrict use to the following:

(1) Federal employees who are full-time permanent employees;

(2) Federal employees using an agency on-site child care center;

(3) Federal employees using full-time child care; or

(4) Federal employees using child care in specific locations.

(a) With the exception of §792.229(c) an agency may determine whether and what restrictions to impose on the use of appropriated funds for the child care subsidy program.

(b) Agencies must not restrict the use of funds to apply to accredited child care providers only.

§ 792.230   May an agency use appropriated funds to improve the physical space of the family child care homes or child care centers?
top

An agency may not use appropriated funds under this program to improve the physical space of child care centers and family child care homes.

§ 792.231   Is an agency permitted to make advance child care subsidy program payments for an individual Federal employee?
top

An agency may choose to make advance payments to a child care provider in certain situations. Advance payments may be paid to the child care provider when the provider requires payment up to one month in advance of rendering services. Except in accordance with §792.225, an agency may not make advance payments for more than one month before the employee receives child care services.

Browse Previous |  Browse Next









































































chanrobles.com





ChanRobles Legal Resources:

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com