Agency Use of Appropriated Funds for Child Care Costs for Lower Income Employees, 42905-42909 [2012-17539]
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Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Rules and Regulations
4. In § 591.402, the definitions of
‘‘domestic partner’’ and ‘‘domestic
partnership’’ are added, and the
definition of ‘‘family member’’ is
revised to read as follows:
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§ 591.402
Definitions.
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Domestic partner means a person in a
domestic partnership with an employee
or annuitant of the same sex.
Domestic partnership means a
committed relationship between two
adults of the same sex in which the
partners—
(1) Are each other’s sole domestic
partner and intend to remain so
indefinitely;
(2) Maintain a common residence, and
intend to continue to do so (or would
maintain a common residence but for an
assignment abroad or other
employment-related, financial, or
similar obstacle);
(3) Are at least 18 years of age and
mentally competent to consent to
contract;
(4) Share responsibility for a
significant measure of each other’s
financial obligations;
(5) Are not married or joined in a civil
union to anyone else;
(6) Are not the domestic partner of
anyone else;
(7) Are not related in a way that, if
they were of opposite sex, would
prohibit legal marriage in the U.S.
jurisdiction in which the domestic
partnership was formed;
(8) Are willing to certify, if required
by the agency, that they understand that
willful falsification of any
documentation required to establish that
an individual is in a domestic
partnership may lead to disciplinary
action and the recovery of the cost of
benefits received related to such
falsification, as well as constitute a
criminal violation under 18 U.S.C. 1001,
and that the method for securing such
certification, if required, will be
determined by the agency; and
(9) Are willing promptly to disclose,
if required by the agency, any
dissolution or material change in the
status of the domestic partnership.
Family member means one or more of
the following relatives of an employee
who would normally reside with the
employee except for circumstances
warranting the granting of a separate
maintenance allowance, but who does
not receive from the Government an
allowance similar to that granted to the
employee and who is not deemed to be
a family member of another employee
for the purpose of determining the
amount of a separate maintenance
allowance or similar allowance:
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(1) Children who are unmarried and
under 21 years of age or who, regardless
of age, are incapable of self-support,
including natural children, step and
adopted children, and those under legal
guardianship or custody of the
employee, or of the employee’s spouse
or domestic partner, when they are
expected to be under such legal
guardianship or custody at least until
they reach 21 years of age and when
dependent upon and normally residing
with the guardian;
(2) Parents (including step and legally
adoptive parents) of the employee, or of
the employee’s spouse or domestic
partner, when such parents are at least
51 percent dependent on the employee
for support;
(3) Sisters and brothers (including
step or adoptive sisters and brothers) of
the employee, or of the employee’s
spouse or domestic partner, when such
sisters and brothers are at least 51
percent dependent on the employee for
support, unmarried and under 21 years
of age, or regardless of age, are incapable
of self-support;
(4) Spouse, excluding a spouse
independently entitled to and receiving
a similar allowance; or
(5) Domestic partner, excluding a
domestic partner independently entitled
to and receiving a similar allowance.
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■ 5. In § 591.403, revise paragraph (a) to
read as follows:
§ 591.403
Amount of payment.
(a) The annual rate of the separate
maintenance allowance paid to an
employee is determined by the number
of individuals, including a spouse, a
domestic partner, and/or one or more
other family members, who are
maintained at a location other than
Johnston Island.
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[FR Doc. 2012–17540 Filed 7–19–12; 8:45 am]
BILLING CODE 6325–39–P
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 792
RIN 3206–AL36
Agency Use of Appropriated Funds for
Child Care Costs for Lower Income
Employees
U.S. Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
The U.S. Office of Personnel
Management is adopting as final
changes to its regulations concerning
SUMMARY:
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alcohol and drug abuse counseling
programs for employees and changes to
its regulations concerning agencies’ use
of appropriated funds to provide child
care subsidies for lower-income civilian
employees. The changes would clarify
the scope of regulations for alchohol
and drug abuse programs for Federal
civilian employees; change the
definition of ‘‘child’’; expand
regulations to extend coverage to child
care services for children of same-sex
domestic partners of Federal employees;
make certain technical corrections; and
make other changes designed to render
the regulations clearer and more
concise.
DATES: Effective July 20, 2012.
FOR FURTHER INFORMATION CONTACT:
Ingrid Burford, (202) 606–0416 or email
Ingrid.burford@opm.gov.
SUPPLEMENTARY INFORMATION: On July
28, 2011, the U.S. Office of Personnel
Management (OPM) published proposed
regulations (76 FR 45208) revising part
792 of title 5, Code of Federal
Regulations. This final rule makes
changes in both subparts of that part,
concerning employee assistance
programs and child care subsidies for
low-income employees, respectively, in
response to the President’s direction in
Presidential Memoranda dated June 17,
2009 (Dailey Comp. Pres. Docs., 2010
DCPD No. 00450, p. 1.), and June 2,
2010, that agencies consider extending
benefits, where possible, to same-sex
domestic partners, and OPM’s
determination to make benefits available
to same-sex domestic partners, to the
extent feasible, in this context. The
changes to subpart A also remove
obsolete references to title 42 of the
United States Code.
During the comment period, we
received six comments in response to
the proposed rule. Most of the
comments supported the proposed
changes. However, two commenters—an
agency and an advocacy group—
recommended that, for the purposes of
the child care subsidy program, OPM
revise the definition of ‘‘domestic
partner’’ to include opposite-sex
domestic partners as well as same-sex.
The agency commented that the
distinction OPM had drawn ‘‘will limit
agencies from providing an equitable
policy to opposite-sex couples having
legal documentation of their status as a
domestic partner in a legal domestic
partnership. It is [the agency’s] position
that employees in same-sex and
opposite-sex domestic partnerships
should be treated equally.’’ The agency
then provided examples of States and
cities that recognize both kinds of
partnerships.
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Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Rules and Regulations
The advocacy group observed that
abandoning the distinction would
‘‘further expand the number of lowerincome employees who will be able to
access these child care subsidies.’’ It
‘‘encourage[d] OPM to cover all
qualified families, including unmarried
opposite sex couples. * * *’’ That
commenter further stated that adopting
the definition of ‘‘domestic partner’’ as
stated in the current OPM regulations
for annual, sick, and funeral leave
would make the definitions consistent
across OPM.
Although we considered these
comments, we did not change our
definition for the purposes of the child
care subsidy program. OPM undertook
to make this change because, currently,
Federal employees are unable to use this
benefit with respect to children of their
same-sex domestic partners.
Opposite-sex couples may obtain
these benefits by entering into marriage.
This is not an option for same-sex
couples with respect to Federal benefits,
because of the defense of Marriage Act,
1 U.S.C. 7.
The same agency commenter
questioned the inclusion of annuitants
in the definition of a ‘‘domestic
partner,’’ since annuitants are not
eligible by law for the child care subsidy
program. The commenter suggested we
remove the reference to annuitants. We
concur and have revised the regulations
to remove the reference.
One agency highlighted concerns
regarding the documentation that would
be required for Federal agencies to
verify the establishment of a domestic
partnership and total family income
requirements for eligibility for the child
care subsidy program. Since this benefit
became available by law, OPM has
always given agencies authority to set
their own thresholds, as well as
requirements for what information to
solicit from employees to qualify for the
child care subsidy program. We provide
guidance and sample documents
agencies may require, but we do not
regulate the specific types of acceptable
documentation. Agency policies should
require same-sex domestic partners to
provide the same kinds of
documentation they require married
employees to provide.
The advocacy group referenced above
expressed concerns that the definition
of ‘‘child’’ may have the unintended
consequence of restricting access to a
child care subsidy because the child
may belong to the non-earning parent,
and not the Federal employee. It
recommends that OPM adopt a
definition of ‘‘child’’ used by the
Department of Labor. Specifically, the
commenter recommends including the
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following wording: ‘‘* * * (6) A child
for whom the employee, the employee’s
spouse, or the employee’s domestic
partner stands in loco parentis.’’ (A
reference to standing in loco parentis
would, in the advocacy group’s view,
include those with day-to-day
responsibilities to care for or financially
support a child, regardless of the
existence of a biological or legal
relationship.) An agency raised a similar
comment. OPM believes the definition
in the proposed rule is sufficient and
will not restrict access in the manner
suggested; it allows either the domestic
partner or the employee to be the
individual who make the contributions
for the support of the child, and the
child would still be considered eligible
for the child care subsidy program in
either event.
Background
On June 17, 2009, President Obama
issued a Memorandum, entitled
‘‘Federal Benefits and NonDiscrimination,’’ that requested the
Secretary of State and the Director of
OPM, in consultation with the
Department of Justice, to extend
previously identified statutorily-based
benefits that those agencies believed
could be extended to qualified same-sex
domestic partners of Federal employees
consistent with underlying law. This
Memorandum also directed the heads of
executive departments and agencies, in
consultation with OPM, to conduct a
review of the benefits offered by their
respective departments and agencies to
determine whether they had the
authority to extend such benefits to the
same-sex domestic partners of Federal
employees. The Memorandum further
requested that OPM, in consultation
with the Department of Justice, make
recommendations regarding any
additional measures that could be taken
to provide benefits to the same-sex
domestic partners of Federal
Government employees, consistent with
existing law.
On June 2, 2010, the President issued
another Memorandum, entitled
‘‘Extension of Benefits to Same-Sex
Domestic Partners of Federal
Employees,’’ that published the results
of the review and identified the benefits
that could be extended to same-sex
domestic partners and their families. We
issued our proposed regulations in
response to section 1(a)(i) and (ii) of the
President’s Memorandum, which
identified additional benefits OPM had
concluded it could offer and requested
OPM to ‘‘(i) clarify that the children of
employees’ same-sex domestic partners
fall within the definition of ‘child’ for
purposes of Federal child-care
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subsidies, and, where appropriate, for
child-care services’’ and ‘‘(ii) clarify
that, for purposes of employee
assistance programs, same-sex domestic
partners and their children qualify as
‘family members.’’’
Also on June 2, 2010, OPM issued a
Memorandum for the Heads of
Executive Departments and Agencies,
entitled ‘‘Implementation of the
President’s Memorandum Regarding
Extension of Benefits to Same-Sex
Domestic Partners of Federal
Employees’’ to help fulfill the
Administration’s policy. The
Memorandum provides definitions to
help agencies apply the President’s
Memorandum in the same way, to the
extent consistent with applicable law.
Final Changes to the Regulations
Concerning Drug and Alcohol Abuse
Programs
The final rule will add a new
provision in § 792.101 of title 5, Code of
Federal Regulations, to clarify that an
employee’s domestic partner, and any
children of the employee’s domestic
partner, are included within the
employee’s ‘‘family’’ for purposes of
access to alcohol and drug abuse
programs. These programs, for the most
part, are already accessible by
individuals whose personal relationship
to the employee (including but not
limited to the employee’s domestic
partner) is close enough to potentially
affect the employee’s performance on
the job. Therefore, the addition of
specific references to domestic partners
and their children is a clarifying change
to promote consistent implementation
of this regulation across the
Government.
For purposes of this regulation, we
have chosen not to define ‘‘domestic
partner’’ or ‘‘domestic partnership.’’
Agencies are already providing access to
these programs to individuals who are
close enough to the employee to
potentially affect the employee’s
performance on the job. Our intent is to
clarify that same-sex domestic partners
meet this standard, but not to limit
agency discretion to decide that other
relationships, including opposite-sex
domestic partnerships, also meet this
standard.
Final Changes to the Child Care
Subsidy Regulations
The final rule adopts changes to
subpart B to clarify and consolidate
regulations governing Federal agencies’
use of appropriated funds to provide
child care subsidies for lower-income
civilian employees. The revision
corrects the way the age limitation for
covered children is expressed and
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Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Rules and Regulations
updates obsolete references and
citations. The regulations currently
provide that the subsidies may apply to
child care for children from birth
through age 13 and for disabled children
through age 18. We amended this
provision to state that the regulations
apply to children under age 13 and
disabled children under age 18. This
change will help ensure that agency
child care subsidy programs under part
792 conform to qualification rules used
by the Internal Revenue Service for
determining the tax treatment of
dependent care assistance plans.
The final rule makes additional
clarifying changes, including
elimination of the question-and-answer
format that currently appears in subpart
B. We adopted a narrative format to
consolidate and remove repetitive
content and content that is not
regulatory in nature. The changes also
include certain corrections to
definitions, such as removing the
‘‘living with’’ requirement from the
definition of ‘‘biological child’’ and
changing the defined term from ‘‘child
care contractor’’ to ‘‘child care
provider,’’ which is the term actually
used in the regulation.
We added definitions of ‘‘domestic
partner’’ and ‘‘domestic partnership’’ to
subpart B. These definitions are based
upon the OPM Memorandum described
earlier in this Supplementary
Information and have been used in other
OPM regulations.
Paragraph (4) of the definition of
‘‘domestic partnership’’ requires that the
partners ‘‘share responsibility for a
significant measure of each other’s
financial obligations.’’ This criterion,
which appears in this and in prior
regulations promulgated in response to
the President’s June 2, 2010,
Memorandum, is intended to require
only that there be financial
interdependence between the partners;
it should not be interpreted to require
the exclusion of partnerships in which
one partner stays at home while the
other is the primary breadwinner.
We have made a slight change to the
wording of criterion (7). That criterion
is intended to prohibit recognition of
domestic partnerships between
individuals who are related in a manner
that would preclude them from
marrying were they of opposite sexes.
We are maintaining this criterion, but
clarified that the determination is to be
made at the time the domestic
partnership is formed. It should not be
re-examined if the couple relocates to a
different jurisdiction. This approach is
consistent with the treatment of
opposite-sex marriages.
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Unlike the change to the regulations
involving drug and alcohol abuse
programs discussed above, these
regulations extend ‘‘domestic
partnership’’ benefits only to same-sex
couples who are currently unable to
obtain spousal benefits by entering into
a Federally recognized marriage. That is
because child care subsidies are
currently available only for expenses
associated with the employee’s children
or children of the employee’s spouse.
Accordingly, it is appropriate to include
the children of same-sex domestic
partners in order to reflect the new
policy to extend benefits to the same-sex
domestic partners of Federal employees
to the same extent such benefits are
available to opposite-sex spouses,
consistent with law.
The reference in paragraph (8) of the
‘‘domestic partnership’’ definition to
documentation or proof of a dependent
or family member relationship for
purposes of eligibility for evacuation
payments would be based on each
agency’s internal policies. Agencies
have authority to request additional
information in cases of suspected abuse
or fraud, and they would continue to be
able to exercise that authority under
these proposed regulations. Agencies
would be expected to apply the same
standards for verification of requests for
payments for all dependent and family
member relationships, including
domestic partners.
We are changing OPM’s annual
requirement to produce a report on
agencies’ use of the authority to pay
child care subsidies, to a biannual
requirement. OPM will continue,
however, to collect annual data from
Federal agencies on their child care
subsidy programs.
Our proposed regulation proposed to
add to the authority citation for part 792
by including the President’s
Memorandum of June 2, 2010. Upon
further deliberation we concluded not to
include that document in the authority
citation, because the President’s
Memorandum is an expression of
administration policy rather a source of
positive authority, which actually
derives from the statutes previously
cited. We are proceeding with the
change of the title of the part from
‘‘Federal Employees’ Health and
Counseling Programs’’ to ‘‘Federal
Employees’ Health, Counseling, and
Work/Life Programs’’ so that it is broad
enough to encompass the child care
subsidy program.
E.O. 12866, Regulatory Review
This rule has been reviewed by the
Office of Management and Budget in
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accordance with Executive Orders
12866 and 13563.
Regulatory Flexibility Act
I certify that these regulations would
not have a significant economic impact
on a substantial number of small entities
because they would affect only Federal
agencies and employees.
List of Subjects in 5 CFR Part 792
Alcohol abuse, Alcoholism, Day care,
Drug abuse, Government employees.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, the U.S. Office of
Personnel Management amends 5 CFR
part 792 as follows:
PART 792—FEDERAL EMPLOYEES’
HEALTH, COUNSELING, AND WORK/
LIFE PROGRAMS
1. The authority citation for part 792
is revised to read as follows:
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Authority: 5 U.S.C. 7361–7363; Sec. 643,
Pub. L. 106–58, 113 Stat. 477; 40 U.S.C.
590(g).
2. The part 792 heading is revised to
read as set forth above.
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Subpart A—Alcoholism and Drug
Abuse Programs and Services for
Federal Civilian Employees
3. The heading for subpart A is
revised to read as set fort above.
■ 4. Section 792.101 is revised to read
as follows:
■
§ 792.101
Statutory requirements.
Sections 7361 and 7362 of title 5,
United States Code, provide that the
Office of Personnel Management is
responsible for developing and
maintaining, in cooperation with the
Secretary of the Department of Health
and Human Services and with other
agencies, appropriate prevention,
treatment, and rehabilitation programs
and services for Federal civilian
employees with alcohol and drug abuse
problems. To the extent feasible,
agencies are encouraged to extend
services to families (including domestic
partners and their children) of alcohol
and/or drug abusing employees and to
employees who have family members
(including domestic partners and their
children) who have alcohol and/or drug
problems. Such programs and services
should make optimal use of existing
Government facilities, services, and
skills.
■ 5. Section 792.102 is revised to read
as follows:
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§ 792.102
Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Rules and Regulations
General.
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 drug problems. Short-term
counseling or referral, or offers thereof,
constitute the appropriate prevention,
treatment, and rehabilitation programs
and services for alcohol abuse,
alcoholism, and drug abuse required
under subchapter VI of chapter 73 of
title 5, United States Code. Federal
agencies must establish programs to
assist employees with these problems in
accordance with that subchapter.
■ 6. In § 792.105, revise paragraph (b) to
read as follows:
§ 792.105
Agency responsibilities.
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(b) Agencies must issue internal
instructions implementing the
requirements of 5 U.S.C. 7361–7363 and
this subpart.
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■ 7. Subpart B is revised to read as
follows:
Subpart B—Agency Use of Appropriated
Funds for Child Care Costs for Lower
Income Employees
Sec.
792.201 Purpose.
792.202 Definitions.
792.203 Child care subsidy programs;
eligibility.
792.204 Agency responsibilities; reporting
requirement.
792.205 Administration of child care
subsidy programs.
792.206 Payment of subsidies.
Subpart B—Agency Use of
Appropriated Funds for Child Care
Costs for Lower Income Employees
§ 792.201
Purpose.
The purpose of this subpart is to
implement section 590(g) of title 40,
United States Code, which permits an
Executive agency to use appropriated
funds to improve the affordability of
child care for lower-income 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.
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§ 792.202
Definitions.
In this subpart—
Child means a child who bears any of
the following relationships to an
employee, the employee’s spouse, or the
employee’s domestic partner:
(1) A biological child;
(2) An adopted child;
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(3) A stepchild;
(4) A foster child;
(5) A child for whom a judicial
determination of support has been
obtained; or
(6) A child to whose support the
employee, the employee’s spouse, or the
employee’s domestic partner makes
regular and substantial contributions.
Child care provider means an
individual or entity providing child care
services for which Federal employees’
families are eligible. The provider must
be licensed or regulated, and the
provider’s services can be provided in a
Federally-sponsored child care center, a
non-Federal center, or a family child
care home.
Child care subsidy program means the
program established by an agency in
using appropriated funds, as provided
in this subpart, to assist lower-income
employees with child care costs. The
program can include such activities as
determining which employees receive a
subsidy and the size of their subsidies;
distributing agency funds to
participating providers; and tracking
and reporting information to OPM such
as total cost and employee use of the
program.
Disabled child means a child who is
unable to care for himself or herself
because of a physical or mental
condition as determined by a physician
or licensed or certified psychologist.
Domestic partner means a person in a
domestic partnership with an employee
of the same sex.
Domestic partnership means a
committed relationship between two
adults of the same sex in which the
partners—
(1) Are each other’s sole domestic
partner and intend to remain so
indefinitely;
(2) Maintain a common residence, and
intend to continue to do so (or would
maintain a common residence but for an
assignment abroad or other
employment-related, financial, or
similar obstacle);
(3) Are at least 18 years of age and
mentally competent to consent to a
contract;
(4) Share responsibility for a
significant measure of each other’s
financial obligations;
(5) Are not married or joined in a civil
union to anyone else;
(6) Are not the domestic partner of
anyone else;
(7) Are not related in a way that, if
they were of opposite sex, would
prohibit legal marriage in the U.S.
jurisdiction in which the domestic
partnership was formed;
(8) Are willing to certify, if required
by the agency, that they understand that
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willful falsification of any
documentation required to establish that
an individual is in a domestic
partnership may lead to disciplinary
action and the recovery of the cost of
benefits received related to such
falsification, as well as constitute a
criminal violation under 18 U.S.C. 1001,
and that the method for securing such
certification, if required, will be
determined by the agency; and
(9) Are willing promptly to disclose,
if required by the agency, any
dissolution or material change in the
status of the domestic partnership.
Employee means an employee as
defined in section 2105 of title 5, United
States Code.
Executive agency means an Executive
agency as defined in 5 U.S.C. 105 but
does not include the Government
Accountability Office.
Federally-sponsored child care center
means a child care center located in a
building or space that is owned or
leased by the Federal Government.
OPM means the U.S. Office of
Personnel Management.
§ 792.203 Child care subsidy programs;
eligibility.
(a)(1) An Executive agency may
establish a child care subsidy program
in which the agency uses appropriated
funds, in accordance with this subpart,
to assist lower-income employees of the
agency with their child care costs. The
assistance may be provided for both
full-time and part-time child care, and
may include before-and-after-school
programs and daytime summer
programs.
(2) Two or more agencies may pool
their funds to establish a child care
subsidy program for the benefit of
employees who are served by a
Federally-sponsored child care center in
a multi-tenant facility.
(3)(i) Except as provided under
paragraph (a)(3)(ii) of this section, an
agency may impose restrictions on the
use of appropriated funds for its child
care subsidy program based on
consideration of employees’ needs, its
own staffing needs, the local availability
of child care, and other factors as
determined by the agency. For example,
an agency may decide to restrict
eligibility for subsidies to—
(A) Full-time permanent employees;
(B) Employees using an agency on-site
child care center;
(C) Employees using full-time child
care; or
(D) Employees using child care in
specific locations.
(ii) An agency may not limit the
payment of subsidies to accredited child
care providers.
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(b) Subject to any restrictions
applicable under paragraph (a)(3)(i) of
this section, an employee who qualifies
as a lower-income employee under the
agency’s child care subsidy program is
eligible to receive a child care subsidy
for the care of each child under age 13
or, in the case of a disabled child, under
age 18.
§ 792.204 Agency responsibilities;
reporting requirement.
[FR Doc. 2012–17539 Filed 7–19–12; 8:45 am]
(a) Before funds may be obligated as
provided in this subpart, an agency
intending to initiate a child care subsidy
program must provide notice to the
Subcommittees on Financial Services
and General Government of the House
and Senate Appropriations Committees,
as well as to OPM.
(b) Agencies must notify the
committees referred to in paragraph (a)
of this section and OPM annually of
their intention to provide child care
subsidies. Funds may be obligated
immediately after the notifications have
been made.
(c) Agencies are responsible for
tracking the utilization of their funds
and reporting the results to OPM in a
manner prescribed by OPM.
(d) OPM will produce a biannual
report on agencies’ use of the authority
to pay child care subsidies; however,
OPM will collect annual data from the
agencies.
§ 792.205 Administration of child care
subsidy programs.
(a) An agency may administer its
child care subsidy program directly or
by contract with another entity, using
procedures prescribed under the Federal
Acquisition Regulations. Regardless of
what entity administers the program,
the Federal agency is responsible for
establishing how eligibility and subsidy
amounts will be determined.
(b) An agency contract must specify
that any unexpended funds will be
returned to the agency after the contract
is completed.
tkelley on DSK3SPTVN1PROD with RULES3
§ 792.206
Payment of subsidies.
(a) Payment of child care subsidies
must be made directly to child care
providers, unless one of the following
exceptions applies:
(1) In overseas locations, the agency
may pay the employee if the provider
deals only in foreign currency.
(2) In unique circumstances, an
agency may obtain written permission
from OPM to pay the employee directly.
(b) An agency may make advance
payments to a child care provider in
certain circumstances, such as when the
provider requires payment up to one
month in advance of rendering services.
VerDate Mar<15>2010
19:04 Jul 19, 2012
Jkt 226001
An agency may not make advance
payments for more than one month
before the employee receives child care
services except where an agency has
contracted with another entity to
administer the child care subsidy
program, in which case the agency may
advance payments to the entity
administering the program as long as the
requirements in § 792.205(b) are met.
BILLING CODE 6325–39–P
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Parts 831 and 842
RIN 3206–AM20
Presumption of Insurable Interest for
Same-Sex Domestic Partners
Office of Personnel
Management.
ACTION: Final rule.
AGENCY:
The Office of Personnel
Management (OPM) is amending its
regulations to add same-sex domestic
partners to the class of persons for
which an insurable interest is presumed
to exist. The rule is designed to relieve
federal employees with same-sex
domestic partners from the evidentiary
requirements in existing regulations for
persons outside this class. Additionally,
OPM is taking this step to recognize that
individuals with same-sex domestic
partners have the same presumption of
an insurable interest in the continued
life of employees or Members as the
class of persons listed in the prior rule.
DATES: Effective July 20, 2012.
FOR FURTHER INFORMATION CONTACT:
Kristine Prentice or Roxann Johnson,
(202) 606–0299.
SUPPLEMENTARY INFORMATION: Pursuant
to the President’s June 2, 2010,
Memorandum for the Heads of
Executive Departments and Agencies on
Extension of Benefits to Same-Sex
Domestic Partners of Federal
Employees, on Thursday, March 3,
2011, the Office of Personnel
Management (OPM) published proposed
regulations in the Federal Register at 76
FR 11684 requesting comments
concerning proposed changes to 5 CFR
831.613(e) and 5 CFR 842.605(e). The
proposed rule added persons in samesex domestic partnerships to the
relationships listed as having a
presumption of an insurable interest
under 5 CFR 831.613(e)(1) and
842.605(e)(1).
An employee or Member of Congress
(Member) in good health may elect a
SUMMARY:
PO 00000
Frm 00009
Fmt 4701
Sfmt 4700
42909
reduced annuity at retirement to
provide for an insurable interest annuity
for anyone who has an insurable interest
in the continued life of the employee or
Member. Although an employee or
Member can elect an insurable interest
annuity for anyone with an insurable
interest in the employee’s or Member’s
continued life, the insurable interest
regulations at 5 CFR 831.613(e)(1) and
842.605(e)(1) lists certain relationships
where an insurable interest is presumed
to exist.
Under the rule, the list of presumed
insurable interest relationships included
‘‘spouses,’’ ‘‘former spouses,’’ ‘‘blood or
adopted relatives closer than first
cousins,’’ ‘‘common law spouses,’’ or
‘‘persons to whom employees or
Members are engaged to be married.’’
Prior to publication of this rule, a samesex domestic partner of an employee or
Member was not included in the list of
relationships presumed to have an
insurable interest in the continued life
of the employee or Member. If an
employee or Member elected an
insurable interest annuity for a person
who did not receive the presumption
under 5 CFR 831.613(e)(1) and 5 CFR
842.605(e)(1), the employee or Member
had to submit affidavits along with his
or her election to prove that the
designated individual had an insurable
interest in the continued life of the
employee or Member.
As explained in the proposed rule,
this final rule adds ‘‘same-sex domestic
partners,’’ ‘‘former same-sex domestic
partners,’’ and ‘‘persons with whom the
employee or Member has agreed to enter
into a same-sex domestic partnership’’
to the class of persons OPM will
presume has an insurable interest in the
continued life of the employee or
Member. Thus, when an employee or
Member elects a domestic partner for an
insurable interest annuity, he or she will
no longer need to submit affidavits as
evidence that the individual has an
insurable interest in the employee or
Member.
The term ‘‘domestic partnership’’ has
the same meaning as that ascribed to it
in the Memorandum issued by OPM
Director Berry on June 2, 2010, to Heads
of Executive Departments and Agencies
concerning Implementation of the
President’s Memorandum Regarding
Extension of Benefits to Same-Sex
Domestic Partners of Federal
Employees. See https://www.chcoc.gov/
transmittals/TransmittalDetails.aspx?
TransmittalID=2982.
Comments
We received several comments
regarding the proposed rule, and they
are addressed below. For the most part,
E:\FR\FM\20JYR3.SGM
20JYR3
]]>Agencies
[Federal Register Volume 77, Number 140 (Friday, July 20, 2012)]
[Rules and Regulations]
[Pages 42905-42909]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17539]
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 792
RIN 3206-AL36
Agency Use of Appropriated Funds for Child Care Costs for Lower
Income Employees
AGENCY: U.S. Office of Personnel Management.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Office of Personnel Management is adopting as final
changes to its regulations concerning alcohol and drug abuse counseling
programs for employees and changes to its regulations concerning
agencies' use of appropriated funds to provide child care subsidies for
lower-income civilian employees. The changes would clarify the scope of
regulations for alchohol and drug abuse programs for Federal civilian
employees; change the definition of ``child''; expand regulations to
extend coverage to child care services for children of same-sex
domestic partners of Federal employees; make certain technical
corrections; and make other changes designed to render the regulations
clearer and more concise.
DATES: Effective July 20, 2012.
FOR FURTHER INFORMATION CONTACT: Ingrid Burford, (202) 606-0416 or
email Ingrid.burford@opm.gov.
SUPPLEMENTARY INFORMATION: On July 28, 2011, the U.S. Office of
Personnel Management (OPM) published proposed regulations (76 FR 45208)
revising part 792 of title 5, Code of Federal Regulations. This final
rule makes changes in both subparts of that part, concerning employee
assistance programs and child care subsidies for low-income employees,
respectively, in response to the President's direction in Presidential
Memoranda dated June 17, 2009 (Dailey Comp. Pres. Docs., 2010 DCPD No.
00450, p. 1.), and June 2, 2010, that agencies consider extending
benefits, where possible, to same-sex domestic partners, and OPM's
determination to make benefits available to same-sex domestic partners,
to the extent feasible, in this context. The changes to subpart A also
remove obsolete references to title 42 of the United States Code.
During the comment period, we received six comments in response to
the proposed rule. Most of the comments supported the proposed changes.
However, two commenters--an agency and an advocacy group--recommended
that, for the purposes of the child care subsidy program, OPM revise
the definition of ``domestic partner'' to include opposite-sex domestic
partners as well as same-sex. The agency commented that the distinction
OPM had drawn ``will limit agencies from providing an equitable policy
to opposite-sex couples having legal documentation of their status as a
domestic partner in a legal domestic partnership. It is [the agency's]
position that employees in same-sex and opposite-sex domestic
partnerships should be treated equally.'' The agency then provided
examples of States and cities that recognize both kinds of
partnerships.
[[Page 42906]]
The advocacy group observed that abandoning the distinction would
``further expand the number of lower-income employees who will be able
to access these child care subsidies.'' It ``encourage[d] OPM to cover
all qualified families, including unmarried opposite sex couples. * *
*'' That commenter further stated that adopting the definition of
``domestic partner'' as stated in the current OPM regulations for
annual, sick, and funeral leave would make the definitions consistent
across OPM.
Although we considered these comments, we did not change our
definition for the purposes of the child care subsidy program. OPM
undertook to make this change because, currently, Federal employees are
unable to use this benefit with respect to children of their same-sex
domestic partners.
Opposite-sex couples may obtain these benefits by entering into
marriage. This is not an option for same-sex couples with respect to
Federal benefits, because of the defense of Marriage Act, 1 U.S.C. 7.
The same agency commenter questioned the inclusion of annuitants in
the definition of a ``domestic partner,'' since annuitants are not
eligible by law for the child care subsidy program. The commenter
suggested we remove the reference to annuitants. We concur and have
revised the regulations to remove the reference.
One agency highlighted concerns regarding the documentation that
would be required for Federal agencies to verify the establishment of a
domestic partnership and total family income requirements for
eligibility for the child care subsidy program. Since this benefit
became available by law, OPM has always given agencies authority to set
their own thresholds, as well as requirements for what information to
solicit from employees to qualify for the child care subsidy program.
We provide guidance and sample documents agencies may require, but we
do not regulate the specific types of acceptable documentation. Agency
policies should require same-sex domestic partners to provide the same
kinds of documentation they require married employees to provide.
The advocacy group referenced above expressed concerns that the
definition of ``child'' may have the unintended consequence of
restricting access to a child care subsidy because the child may belong
to the non-earning parent, and not the Federal employee. It recommends
that OPM adopt a definition of ``child'' used by the Department of
Labor. Specifically, the commenter recommends including the following
wording: ``* * * (6) A child for whom the employee, the employee's
spouse, or the employee's domestic partner stands in loco parentis.''
(A reference to standing in loco parentis would, in the advocacy
group's view, include those with day-to-day responsibilities to care
for or financially support a child, regardless of the existence of a
biological or legal relationship.) An agency raised a similar comment.
OPM believes the definition in the proposed rule is sufficient and will
not restrict access in the manner suggested; it allows either the
domestic partner or the employee to be the individual who make the
contributions for the support of the child, and the child would still
be considered eligible for the child care subsidy program in either
event.
Background
On June 17, 2009, President Obama issued a Memorandum, entitled
``Federal Benefits and Non-Discrimination,'' that requested the
Secretary of State and the Director of OPM, in consultation with the
Department of Justice, to extend previously identified statutorily-
based benefits that those agencies believed could be extended to
qualified same-sex domestic partners of Federal employees consistent
with underlying law. This Memorandum also directed the heads of
executive departments and agencies, in consultation with OPM, to
conduct a review of the benefits offered by their respective
departments and agencies to determine whether they had the authority to
extend such benefits to the same-sex domestic partners of Federal
employees. The Memorandum further requested that OPM, in consultation
with the Department of Justice, make recommendations regarding any
additional measures that could be taken to provide benefits to the
same-sex domestic partners of Federal Government employees, consistent
with existing law.
On June 2, 2010, the President issued another Memorandum, entitled
``Extension of Benefits to Same-Sex Domestic Partners of Federal
Employees,'' that published the results of the review and identified
the benefits that could be extended to same-sex domestic partners and
their families. We issued our proposed regulations in response to
section 1(a)(i) and (ii) of the President's Memorandum, which
identified additional benefits OPM had concluded it could offer and
requested OPM to ``(i) clarify that the children of employees' same-sex
domestic partners fall within the definition of `child' for purposes of
Federal child-care subsidies, and, where appropriate, for child-care
services'' and ``(ii) clarify that, for purposes of employee assistance
programs, same-sex domestic partners and their children qualify as
`family members.'''
Also on June 2, 2010, OPM issued a Memorandum for the Heads of
Executive Departments and Agencies, entitled ``Implementation of the
President's Memorandum Regarding Extension of Benefits to Same-Sex
Domestic Partners of Federal Employees'' to help fulfill the
Administration's policy. The Memorandum provides definitions to help
agencies apply the President's Memorandum in the same way, to the
extent consistent with applicable law.
Final Changes to the Regulations Concerning Drug and Alcohol Abuse
Programs
The final rule will add a new provision in Sec. 792.101 of title
5, Code of Federal Regulations, to clarify that an employee's domestic
partner, and any children of the employee's domestic partner, are
included within the employee's ``family'' for purposes of access to
alcohol and drug abuse programs. These programs, for the most part, are
already accessible by individuals whose personal relationship to the
employee (including but not limited to the employee's domestic partner)
is close enough to potentially affect the employee's performance on the
job. Therefore, the addition of specific references to domestic
partners and their children is a clarifying change to promote
consistent implementation of this regulation across the Government.
For purposes of this regulation, we have chosen not to define
``domestic partner'' or ``domestic partnership.'' Agencies are already
providing access to these programs to individuals who are close enough
to the employee to potentially affect the employee's performance on the
job. Our intent is to clarify that same-sex domestic partners meet this
standard, but not to limit agency discretion to decide that other
relationships, including opposite-sex domestic partnerships, also meet
this standard.
Final Changes to the Child Care Subsidy Regulations
The final rule adopts changes to subpart B to clarify and
consolidate regulations governing Federal agencies' use of appropriated
funds to provide child care subsidies for lower-income civilian
employees. The revision corrects the way the age limitation for covered
children is expressed and
[[Page 42907]]
updates obsolete references and citations. The regulations currently
provide that the subsidies may apply to child care for children from
birth through age 13 and for disabled children through age 18. We
amended this provision to state that the regulations apply to children
under age 13 and disabled children under age 18. This change will help
ensure that agency child care subsidy programs under part 792 conform
to qualification rules used by the Internal Revenue Service for
determining the tax treatment of dependent care assistance plans.
The final rule makes additional clarifying changes, including
elimination of the question-and-answer format that currently appears in
subpart B. We adopted a narrative format to consolidate and remove
repetitive content and content that is not regulatory in nature. The
changes also include certain corrections to definitions, such as
removing the ``living with'' requirement from the definition of
``biological child'' and changing the defined term from ``child care
contractor'' to ``child care provider,'' which is the term actually
used in the regulation.
We added definitions of ``domestic partner'' and ``domestic
partnership'' to subpart B. These definitions are based upon the OPM
Memorandum described earlier in this Supplementary Information and have
been used in other OPM regulations.
Paragraph (4) of the definition of ``domestic partnership''
requires that the partners ``share responsibility for a significant
measure of each other's financial obligations.'' This criterion, which
appears in this and in prior regulations promulgated in response to the
President's June 2, 2010, Memorandum, is intended to require only that
there be financial interdependence between the partners; it should not
be interpreted to require the exclusion of partnerships in which one
partner stays at home while the other is the primary breadwinner.
We have made a slight change to the wording of criterion (7). That
criterion is intended to prohibit recognition of domestic partnerships
between individuals who are related in a manner that would preclude
them from marrying were they of opposite sexes. We are maintaining this
criterion, but clarified that the determination is to be made at the
time the domestic partnership is formed. It should not be re-examined
if the couple relocates to a different jurisdiction. This approach is
consistent with the treatment of opposite-sex marriages.
Unlike the change to the regulations involving drug and alcohol
abuse programs discussed above, these regulations extend ``domestic
partnership'' benefits only to same-sex couples who are currently
unable to obtain spousal benefits by entering into a Federally
recognized marriage. That is because child care subsidies are currently
available only for expenses associated with the employee's children or
children of the employee's spouse. Accordingly, it is appropriate to
include the children of same-sex domestic partners in order to reflect
the new policy to extend benefits to the same-sex domestic partners of
Federal employees to the same extent such benefits are available to
opposite-sex spouses, consistent with law.
The reference in paragraph (8) of the ``domestic partnership''
definition to documentation or proof of a dependent or family member
relationship for purposes of eligibility for evacuation payments would
be based on each agency's internal policies. Agencies have authority to
request additional information in cases of suspected abuse or fraud,
and they would continue to be able to exercise that authority under
these proposed regulations. Agencies would be expected to apply the
same standards for verification of requests for payments for all
dependent and family member relationships, including domestic partners.
We are changing OPM's annual requirement to produce a report on
agencies' use of the authority to pay child care subsidies, to a
biannual requirement. OPM will continue, however, to collect annual
data from Federal agencies on their child care subsidy programs.
Our proposed regulation proposed to add to the authority citation
for part 792 by including the President's Memorandum of June 2, 2010.
Upon further deliberation we concluded not to include that document in
the authority citation, because the President's Memorandum is an
expression of administration policy rather a source of positive
authority, which actually derives from the statutes previously cited.
We are proceeding with the change of the title of the part from
``Federal Employees' Health and Counseling Programs'' to ``Federal
Employees' Health, Counseling, and Work/Life Programs'' so that it is
broad enough to encompass the child care subsidy program.
E.O. 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Orders 12866 and 13563.
Regulatory Flexibility Act
I certify that these regulations would not have a significant
economic impact on a substantial number of small entities because they
would affect only Federal agencies and employees.
List of Subjects in 5 CFR Part 792
Alcohol abuse, Alcoholism, Day care, Drug abuse, Government
employees.
U.S. Office of Personnel Management.
John Berry,
Director.
Accordingly, the U.S. Office of Personnel Management amends 5 CFR
part 792 as follows:
PART 792--FEDERAL EMPLOYEES' HEALTH, COUNSELING, AND WORK/LIFE
PROGRAMS
0
1. The authority citation for part 792 is revised to read as follows:
Authority: 5 U.S.C. 7361-7363; Sec. 643, Pub. L. 106-58, 113
Stat. 477; 40 U.S.C. 590(g).
0
2. The part 792 heading is revised to read as set forth above.
Subpart A--Alcoholism and Drug Abuse Programs and Services for
Federal Civilian Employees
0
3. The heading for subpart A is revised to read as set fort above.
0
4. Section 792.101 is revised to read as follows:
Sec. 792.101 Statutory requirements.
Sections 7361 and 7362 of title 5, United States Code, provide that
the Office of Personnel Management is responsible for developing and
maintaining, in cooperation with the Secretary of the Department of
Health and Human Services and with other agencies, appropriate
prevention, treatment, and rehabilitation programs and services for
Federal civilian employees with alcohol and drug abuse problems. To the
extent feasible, agencies are encouraged to extend services to families
(including domestic partners and their children) of alcohol and/or drug
abusing employees and to employees who have family members (including
domestic partners and their children) who have alcohol and/or drug
problems. Such programs and services should make optimal use of
existing Government facilities, services, and skills.
0
5. Section 792.102 is revised to read as follows:
[[Page 42908]]
Sec. 792.102 General.
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 drug problems. Short-term
counseling or referral, or offers thereof, constitute the appropriate
prevention, treatment, and rehabilitation programs and services for
alcohol abuse, alcoholism, and drug abuse required under subchapter VI
of chapter 73 of title 5, United States Code. Federal agencies must
establish programs to assist employees with these problems in
accordance with that subchapter.
0
6. In Sec. 792.105, revise paragraph (b) to read as follows:
Sec. 792.105 Agency responsibilities.
* * * * *
(b) Agencies must issue internal instructions implementing the
requirements of 5 U.S.C. 7361-7363 and this subpart.
* * * * *
0
7. Subpart B is revised to read as follows:
Subpart B--Agency Use of Appropriated Funds for Child Care Costs for
Lower Income Employees
Sec.
792.201 Purpose.
792.202 Definitions.
792.203 Child care subsidy programs; eligibility.
792.204 Agency responsibilities; reporting requirement.
792.205 Administration of child care subsidy programs.
792.206 Payment of subsidies.
Subpart B--Agency Use of Appropriated Funds for Child Care Costs
for Lower Income Employees
Sec. 792.201 Purpose.
The purpose of this subpart is to implement section 590(g) of title
40, United States Code, which permits an Executive agency to use
appropriated funds to improve the affordability of child care for
lower-income 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.
Sec. 792.202 Definitions.
In this subpart--
Child means a child who bears any of the following relationships to
an employee, the employee's spouse, or the employee's domestic partner:
(1) A biological child;
(2) An adopted child;
(3) A stepchild;
(4) A foster child;
(5) A child for whom a judicial determination of support has been
obtained; or
(6) A child to whose support the employee, the employee's spouse,
or the employee's domestic partner makes regular and substantial
contributions.
Child care provider means an individual or entity providing child
care services for which Federal employees' families are eligible. The
provider must be licensed or regulated, and the provider's services can
be provided in a Federally-sponsored child care center, a non-Federal
center, or a family child care home.
Child care subsidy program means the program established by an
agency in using appropriated funds, as provided in this subpart, to
assist lower-income employees with child care costs. The program can
include such activities as determining which employees receive a
subsidy and the size of their subsidies; distributing agency funds to
participating providers; and tracking and reporting information to OPM
such as total cost and employee use of the program.
Disabled child means a child who is unable to care for himself or
herself because of a physical or mental condition as determined by a
physician or licensed or certified psychologist.
Domestic partner means a person in a domestic partnership with an
employee of the same sex.
Domestic partnership means a committed relationship between two
adults of the same sex in which the partners--
(1) Are each other's sole domestic partner and intend to remain so
indefinitely;
(2) Maintain a common residence, and intend to continue to do so
(or would maintain a common residence but for an assignment abroad or
other employment-related, financial, or similar obstacle);
(3) Are at least 18 years of age and mentally competent to consent
to a contract;
(4) Share responsibility for a significant measure of each other's
financial obligations;
(5) Are not married or joined in a civil union to anyone else;
(6) Are not the domestic partner of anyone else;
(7) Are not related in a way that, if they were of opposite sex,
would prohibit legal marriage in the U.S. jurisdiction in which the
domestic partnership was formed;
(8) Are willing to certify, if required by the agency, that they
understand that willful falsification of any documentation required to
establish that an individual is in a domestic partnership may lead to
disciplinary action and the recovery of the cost of benefits received
related to such falsification, as well as constitute a criminal
violation under 18 U.S.C. 1001, and that the method for securing such
certification, if required, will be determined by the agency; and
(9) Are willing promptly to disclose, if required by the agency,
any dissolution or material change in the status of the domestic
partnership.
Employee means an employee as defined in section 2105 of title 5,
United States Code.
Executive agency means an Executive agency as defined in 5 U.S.C.
105 but does not include the Government Accountability Office.
Federally-sponsored child care center means a child care center
located in a building or space that is owned or leased by the Federal
Government.
OPM means the U.S. Office of Personnel Management.
Sec. 792.203 Child care subsidy programs; eligibility.
(a)(1) An Executive agency may establish a child care subsidy
program in which the agency uses appropriated funds, in accordance with
this subpart, to assist lower-income employees of the agency with their
child care costs. The assistance may be provided for both full-time and
part-time child care, and may include before-and-after-school programs
and daytime summer programs.
(2) Two or more agencies may pool their funds to establish a child
care subsidy program for the benefit of employees who are served by a
Federally-sponsored child care center in a multi-tenant facility.
(3)(i) Except as provided under paragraph (a)(3)(ii) of this
section, an agency may impose restrictions on the use of appropriated
funds for its child care subsidy program based on consideration of
employees' needs, its own staffing needs, the local availability of
child care, and other factors as determined by the agency. For example,
an agency may decide to restrict eligibility for subsidies to--
(A) Full-time permanent employees;
(B) Employees using an agency on-site child care center;
(C) Employees using full-time child care; or
(D) Employees using child care in specific locations.
(ii) An agency may not limit the payment of subsidies to accredited
child care providers.
[[Page 42909]]
(b) Subject to any restrictions applicable under paragraph
(a)(3)(i) of this section, an employee who qualifies as a lower-income
employee under the agency's child care subsidy program is eligible to
receive a child care subsidy for the care of each child under age 13
or, in the case of a disabled child, under age 18.
Sec. 792.204 Agency responsibilities; reporting requirement.
(a) Before funds may be obligated as provided in this subpart, an
agency intending to initiate a child care subsidy program must provide
notice to the Subcommittees on Financial Services and General
Government of the House and Senate Appropriations Committees, as well
as to OPM.
(b) Agencies must notify the committees referred to in paragraph
(a) of this section and OPM annually of their intention to provide
child care subsidies. Funds may be obligated immediately after the
notifications have been made.
(c) Agencies are responsible for tracking the utilization of their
funds and reporting the results to OPM in a manner prescribed by OPM.
(d) OPM will produce a biannual report on agencies' use of the
authority to pay child care subsidies; however, OPM will collect annual
data from the agencies.
Sec. 792.205 Administration of child care subsidy programs.
(a) An agency may administer its child care subsidy program
directly or by contract with another entity, using procedures
prescribed under the Federal Acquisition Regulations. Regardless of
what entity administers the program, the Federal agency is responsible
for establishing how eligibility and subsidy amounts will be
determined.
(b) An agency contract must specify that any unexpended funds will
be returned to the agency after the contract is completed.
Sec. 792.206 Payment of subsidies.
(a) Payment of child care subsidies must be made directly to child
care providers, unless one of the following exceptions applies:
(1) In overseas locations, the agency may pay the employee if the
provider deals only in foreign currency.
(2) In unique circumstances, an agency may obtain written
permission from OPM to pay the employee directly.
(b) An agency may make advance payments to a child care provider in
certain circumstances, such as when the provider requires payment up to
one month in advance of rendering services. An agency may not make
advance payments for more than one month before the employee receives
child care services except where an agency has contracted with another
entity to administer the child care subsidy program, in which case the
agency may advance payments to the entity administering the program as
long as the requirements in Sec. 792.205(b) are met.
[FR Doc. 2012-17539 Filed 7-19-12; 8:45 am]
BILLING CODE 6325-39-P
