Administrative Delegations

LAUNDRY SERVICES AND SUBSISTENCE

US Code as of: 01/05/99

Sec. 5911. Quarters and facilities; employees in the United States

1. For the purpose of this section -
   1. "Government"' means the Government of the United States;

   2. "agency" means an Executive agency, but does not include the Tennessee Valley Authority;

   3. "employee" means an employee of an agency;

   4. "United States" means the several States, the District of Columbia, and the territories and possessions of the United States including the Commonwealth of Puerto Rico;

   5. "quarters" means quarters owned or leased by the Government; and

   6. "facilities" means household furniture and equipment, garage space, utilities, subsistence, and laundry service.

2. The head of an agency may provide, directly or by contract, an employee stationed in the United States with quarters and facilities, when conditions of employment or of availability of quarters warrant the action.

3. Rental rates for quarters provided for an employee under subsection (b) of this section or occupied on a rental basis by an employee or member of a uniformed service under any other provision of statute, and charges for facilities made available in connection with the occupancy of the quarters, shall be based on the reasonable value of the quarters and facilities to the employee or member concerned, in the circumstances under which the quarters and facilities are provided, occupied, or made available.  The amounts of the rates and charges shall be paid by, or deducted from the pay of, the employee or member of a uniformed service, or otherwise charged against him in accordance with law.  The amounts of payroll deductions for the rates and charges shall remain in the applicable appropriation or fund.  When payment of the rates and charges is made by other than payroll deductions, the amounts of payment shall be credited to the Government as provided by law.

4. When, as an incidental service in support of a program of the Government, quarters and facilities are provided by appropriate authority of the Government to an individual other than an employee or member of a uniformed service, the rates and charges therefor shall be determined in accordance with this section.  The amounts of payment of the rates and charges shall be credited to the Government as provided by law.

5. The head of an agency may not require an employee or member of a uniformed service to occupy quarters on a rental basis, unless the agency head determines that necessary service cannot be rendered, or that property of the Government cannot adequately be protected, otherwise.

6. The President may prescribe regulations governing the provision, occupancy, and availability of quarters and facilities, the determination of rates and charges therefor, and other related matters, necessary and appropriate to carry out this section.  The head of each agency may prescribe regulations, not inconsistent with the regulations of the President, necessary and appropriate to carry out the functions of the agency head under this section.

7. Subsection (c) of this section does not repeal or modify any provision of statute authorizing the provision of quarters or facilities, either without charge or at rates or charges specifically fixed by statute.

8. A member of the uniformed service on a permanent change of duty station or temporary duty orders and occupying unaccompanied personnel housing -
   1. is exempt from the requirement of subsection (c) to pay a rental rate or charge based on the reasonable value of the quarters and facilities provided; and

   2. shall pay such lesser rate or charge as the Secretary of Defense establishes by regulation.

General

1-100-00   GENERAL

1. This chapter provides a single reference point for delegations of authority and policies with regard to the provision of subsistence and laundry services.  (Refer to Parts 2 and 7 of the Real Property Management Manual for authorities, policies, and criteria concerning the administration of quarters.)

2. The authorities delegated herein shall be exercised only with in the provisions of applicable statutes, regulations, and Department policy.

3. Except as otherwise specified, the authorities delegated herein may not be redelegated.

1-100-10   DEFINITIONS

For the purposes of this chapter, the following definitions shall apply:

1. Quarters include all Government - owned or leased, IHEW controlled facilities which are designated in accordance with the provisions of Chapter 7-10, RPMM as housekeeping or nonhousekeeping quarters at hospitals.

3. Hospital includes Saint Elizabeths Hospital; Public Health Service Hospitals, Indian Hospitals, and the Clinical Center at the National Institutes of Health.

   Complete aggregate cost of the meal(s) includes cost of raw food, Preparation, serving, transportation, wastage, spoilage, maintenance of dining room and kitchen, electricity, fuel used in heating and cooking, water, and depreciation on kitchen and dining room equipment.

1. Authority Delegated

   The official listed below has been delegated authority to make determinations in connection with the furnishing of subsistence and laundry services to civilian employees in hospitals.  Such authority is to be exercised in accordance with policies set forth in Section l-100-50 of this chapter.

   To Whom Delegated	Surgeon General of the Public Health Service
   Area of Authority	Saint Elizabeths Hospital, PHS Hospitals, Indian Hospitals, and the NIH Clinical Center

2. Limitation on Redelegations

   The authority delegated herein shall not be redelegated below the level of medical officers in charge of PHS Hospitals and Indian Hospitals, or below the level of the Superintendent of Saint Elizabeths Hospital or the Director of NIH Clinical Center.

3. Authority for Delegation

HEW Organization Manual, Chapter 2-500.

1-100-30  AUTHORITY TO DETERMINE THE REASONABLE VALUE OF SUBSISTENCE AND LAUNDRY SERVICES

1. Authority Delegated

   The Surgeon General of the Public Health Service has been delegated authority to determine the reasonable value, within the meaning of the Act of August 20, 1964 (5 U.S.C. 5911), of subsistence and laundry services furnished to civilian employees of Saint Elizabeths Hospital, PHS Hospitals, Indian Hospitals, and the NM Clinical Center, who have been determined to be eligible for these services pursuant to Section l-100-20.

2. Limitation on Redelegations

   The authority delegated herein shall not be redelegated below the level of Directors of headquarters program divisions who have administrative jurisdiction over field hospitals, or below the level of the Superintendent of Saint Elizabeths Hospital or the Director NIH Clinical Center.

3. Authority for Delegation

HEW Organization Manual, Chapter 2-500.

l-100-40  AUTHORTY TO DETERMlNE THE PRICES OF MEALS SERVED

1. Authority Delegated
   1. Authority has been delegated to the Surgeon General, Public Health Service, to determine the cost and fix the prices of meals served in the cafeteria of Saint Elizabeths Hospital pursuant to the Act of August 4, 1947 (24 U.S.C. 169a). This authority shall not be redelegated below the level of the Superintendent, Saint Elizabeths Hospital.

   2. Authority has been delegated to the Surgeon General, Public Health Service, to determine rates for meals sold at facilities at the National Institutes of Health pursuant to Public Law 85-67 (42 U.S.C. 241). This authority shall not be redelegated below the level of the Director, National Institutes of Health.

2. Authority for Delegation

HEW Organization Manual, Chapter 2-500.00.

l-100-50  POLICIES COVERING THE FURNISHING OF SUBSISTENCE AND LAUNDRY SERVICES

1. Subsistence
   1. If adequate hospital eating facilities are available, all civilian employees occupying nonhousekeeping quarters will be required to take and pay for three meals a day for either rive or seven days a week, unless an employee Justifies an exception, in which case he may be permitted to take and pay for not less than two meals a day.  Where other suitable eating facilities are available, such as employees clubs, public cafeterias operated by an operating agency, nonappropriated fund canteens, or commercial facilities employees occupying nonhousekeeping quarters will not be required to take and pay for subsistence if they elect to use other facilities.  As a general policy, employees who so elect will not be permitted to eat in the eating facilities of the hospital.  Deteminations in connection with this paragraph will be made by the HEW official with delegated authority.

   2. As a general policy, employees occupying housekeeping quarters will not be allowed to eat at the hospital eating facilities.

   3. As a general policy, where suitable employees clubs, public cafeterias operated by an operating agency, non appropriated fund canteens, or commercial facilities are available, employees not occupying quarters will not be provided meals in the hospital eating facilities.  However, where such other eating facilities are not available and adequate hospital eating facilities are available, employees living off the installation may elect to take and pay for one or two meals a day for five days per week.

   4. The foregoing policies are applicable to food handlers except that they also will be required to take and pay for at least one meal a day unless the HEW official with delegated authority determines that there are adequate administrative controls to ensure full reimbursement for all food consumed.  Food handlers will include all dietetic (commissary) personnel and such other personnel as are engaged in the preparation or serving of meals and have access to food for personal consumption.  Whether nurses,attendants, or others are to be classed as food handlers is a matter for administrative determination by the HEW official with delegated authority.

   5. If an employee who is not required to take and pay for meals elects to do so under these policies, he may not be relieved subsequently from deductions for such meals if provision of such meals is contrary to the Government's interest, as determined by the HEW official with delegated authority.

   6. When employees are furnished meals on a payroll deduction basis, the annual rate for full subsistence (three meals a day, seven days a week) will be established on the basis of the complete aggregate cost of the meals furnished employees for eleven months.  A proportionate charge will be made when employees take less than full subsistence on a payroll deduction basis.  No refund or credit for meals not taken during periods of annual or sick leave will be allowed except when an employee is on sick leave for more than ten consecutive working days.  In this case, the credit will start on the eleventh day.  Annual leave taken in lieu of sick leave will be considered sick leave.  Failure of an employee to take the meals to which he is entitled on one day will not entitle him to extra meals on any other day.  No Deductian for subsistence will be made from lump payments for accumulated annual leave.

   7. When employees are furnished meals on a cash basis, the charge for each meal will be established on the basis of the complete aggregate cost of the meal furnished the employee.

2. Provision of laundry services

   If commercial laundry services are available, personal laundry services will not be provided for any civilian employees, except such laundering of personally owned uniforms and such personal laundry for student nurses and other trainees as may be authorized by law.  If commercial services are not available, as deterinined by the HEW official with delegated authority, the extent to which employees will be rewired or permitted, under the applicable statutes, to make use of Government laundry facilities, is a matter for determination by the HEw official with delegated authority; where such facilities are utilized, a charge to cover the full cost of providing the service will be made.