[Material Transmitted:]{.underline}

HHS Instruction 352-1, Actions Relating to Employees with Reemployment
Rights

[Material Superseded:]{.underline}

HHS Instruction 352-1, Legal and Regulatory Requirements and Department
Policy and Procedure, dated August 2, 1963 (all)

[Background:]{.underline}

This Instruction has been streamlined in accordance with National
Performance Review Recommendations and in support of HHS administrative
initiatives calling for more streamlined rules.

Any reference to \"OPDIV\" in this Instruction now includes the PHS
agencies, the Office of the Secretary, the Program Support Center, HCFA,
ACF, and AOA.

This issuance is effective immediately. Implementation of this issuance
must be carried out in accordance with applicable laws, regulations,
bargaining agreements, and Departmental policy.

[Filing Instructions:]{.underline}

Remove superseded material and file new material. Post receipt of this
transmittal to the HHS Check List of Transmittals and file this
transmittal in sequential order after the check list.

> John J. Callahan
>
> Assistant Secretary for
>
> Management and Budget

INSTRUCTION 352-1

Distribution: MS (PERS) : HRFC-001

[HHS PERSONNEL INSTRUCTION 352-1]{.underline}

[ACTIONS RELATING TO EMPLOYEES WITH REEMPLOYMENT RIGHTS]{.underline}

352-1-00 Purpose

10 Coverage

20 Policy

30 References

40 Assignment to Foreign Service of State Department, and Positions
Outside the United States with Agency for International Development and
the Peace Corps

50 Assignment to Certain Positions in the United States with Agency for
International Development

60 Transfer or Detail to International Organizations

70 Transfer Under OPM Letter of Authority

Exhibit 352-1-A Delegations of Authority

352-1-00 PURPOSE

This Instruction sets forth the Department\'s policy and procedures
concerning assignment, transfer, or detail of employees with
reemployment rights and the release of these employees.

352-1-10 COVERAGE

A.  This Instruction applies to employees of this Department (other than
    the commissioned Corps of the Public Health Service) who enter on
    duty in:

    1.  a position with the State Department Foreign Service;

        a position under the authority of sections 625(b) and 233(d) of
        the Foreign Assistance Act of 1961, as amended;

        a position outside the United States as an "employee" with the
        Peace Corps;

        a position with an international organization;

        a position in another agency covered by a "Letter of Authority"
        issued by the Office of Personnel management (OPM); and

        a position under another statutory authority which may or may
        not be regulated by OPM but provides for reemployment rights.\
        \
        For information concerning the detail and/or transfer of
        officers of the Commissioned Corps to international
        organizations, contact the Officer Development Branch, Division
        of Commissioned Personnel, PHS.

352-1-20 POLICY

It is important that persons with the highest qualifications available
for assignment to positions such as those set forth 352-1-10 above. This
Department can contribute to this goal giving consent to requests for
release of its employees for assignment to such positions. Such consent
shall be withheld only when compelling reasons make such release not
feasible (not merely inconvenient) or when the assignment is primarily
in the interest of the employee rather than the Government (e.g.,
employee has received notice of separation for any reason).

352-1-30 REFERENCES

A.  5 U.S. Code 3597 (law - reemployment following limited appointment
    in the Foreign Service)

    22 U.S. Code 2385(d) (law - Foreign Assistance Act of 1961, as
    amended)

    22 U.S. Code 2506(a)(l) (law - Peace Corps Act of 1961)

    5 U.S. Code 3581 (law - reemployment after service with an
    international organization)

    22 U.S. Code 2385(b) (law - Act for International Development of
    1961)

    22 U.S. Code 2025(c) (law - International Atomic Energy Agency
    Participation Act of 1957)

    Public Law 93-638 (Indian Self-Determination Act)

    Public Law 96-8 (Taiwan Relations Act)

    Public Law 96-70 (Panama Canal Act of 1979)

    Executive Orders 12137 and 12163 as amended by Executive Order 12292
    implementing 22 U.S. Code 2385 and 2506

    5 CFR Part 352 (regulations - reemployment rights)

352-1-40 ASSIGNMENT TO FOREIGN SERVICE OF STATE DEPARTMENT, AND
POSITIONS OUTSIDE THE UNITED STATES WITH AGENCY FOR INTERNATIONAL
DEVELOPMENT AND THE PEACE CORPS

A.  [Authority]{.underline}

    1.  [Foreign Service, Department of State]{.underline}\--Section 310
        of the Foreign Service Act of 1980 (5 U.S. Code 3597) provides
        for limited appointments to the Foreign Service. Federal
        employees assigned under this authority with the consent of
        their agency are entitled to reemployment rights as provided in
        5 U.S. Code 3597 and 5 CFR Part 352.

        [Agency for International Development]{.underline}\--Section
        625(b) and of the Foreign Assistance Act of 1961, as amended
        provides for the assignment of Federal

    employees to positions outside the United States in the Agency for
    International Development (AID). According to the Act and Executive
    Orders 12163 (September 29, 1979) and 12292 (February 23, 1981),
    employees of other Federal agencies who are selected by AID for an
    assignment not to exceed thirty months,\*or for a longer period when
    agreed by the agency in which such benefits will be exercised,\*in
    positions outside the continental United States are entitled to the
    same reemployment rights as are provided in section 310 of the
    Foreign Service Act of 1980 (5 U.S. Code 3597).

    1.  [Peace Corps]{.underline}\--Section 7(a) of the Peace Corps Act
        of 1961 (U.S. Code 2506(a)) provides for the assignment of
        Federal employees outside the United States in the Peace Corps.
        According to the Act and Executive Orders 12137 (May 16, 1979)
        and 12292 (February 23, 1981), personnel of other Federal
        agencies who are selected as \"employees\" by the Peace Corps
        for assignments not to exceed thirty months\*or for a longer
        period when agreed by the agency in which such benefits will be
        exercised,\*outside the United States are entitled to the same
        benefits as are provided by section 310 of the Foreign Service
        Act of (5 U.S. Code 3597). \"Volunteers ,\" \"volunteer
        leaders,\" and other \"employees" are not entitled to the
        provisions of section 310 of the Foreign Service Act of 1980.

    [Consent to Transfer\
    \
    ]{.underline}When a written request for transfer with reemployment
    rights is received, the OPDIV Head or his designee must consider the
    request in accordance with the policy stated in 352-1-20 in the
    following instances:

    1.  [Foreign Service]{.underline}\--All transfers to positions with
        the Foreign Service require consent in order to be entitled to
        reemployment rights provided in section 310 of the Foreign
        Service Act of 1980, (5 U.S. Code 3597 and 22 U.S. Code 3950).

        [Agency for International Development and Peace
        Corps]{.underline}\--When the period of employment is not to
        exceed thirty months, either upon initial assignment or by
        subsequent extension, no clearance or consent is needed to
        entitle the assigned employee to reemployment rights. When the
        assignment is to extend beyond thirty months, clearance with
        consent is required for that period which will extend beyond
        thirty months.

    [Reemployment]{.underline}\--Under section 310 of the Foreign
    Service Act of 1980, an employee has a right to return to his/her
    former position, or one of like seniority, status, and pay, or to a
    higher position. He/she must be given periodic step increases he/she
    would have been entitled to had he/she remained in his/her position,
    provided the employee has a certificate that indicates that he/she
    met the standards required.\
    \
    OPDIVs should attempt to effect reemployment upon termination of the
    employee\'s appointment outside DHHS without a break in service.
    When this is not possible, it must be effected within 30 days after
    the employee applies for reemployment. He/she must apply for
    reemployment within 30 days following the termination of the
    appointment outside DHHS.

552-1-50 ASSIGNMENT TO CERTAIN POSITIONS IN THE UNITED STATES WITH THE
AGENCY FOR INTERNATIONAL DEVELOPMENT

A.  [Authority]{.underline}\--Section 625(b) of the Act for
    International Development of 1961 (22 U.S. Code 2385(b)) provides
    that up to 110 officers and employees who are appointed thereunder
    may be entitled, upon termination, to reinstatement to the position
    occupied at the time of appointment, or to a position of comparable
    grade and salary. The losing agency\'s consent is not required for
    the employee who is appointed to have reemployment rights.

    [Procedure]{.underline}\--Regulations to be followed in effecting
    reinstatement authorized by the above authority are contained in 5
    CFR Part 352.

352-1-60 TRANSFER OR DETAIL TO INTERNATIONAL ORGANIZATIONS

A.  [Authority]{.underline}\--5 U.S. Code 3581 and 5 CFR Part 352
    provide for the detail and transfer of Federal employees to
    international organizations. The law and regulations concern
    reemployment rights and related Civil Service benefits to Federal
    employees who accept employment with international organizations. An
    employee who transfers with consent is entitled to reemployment
    rights and related benefits. The legal requirements are that an
    employee who meets the necessary conditions for reemployment shall
    be returned to his/her former position or one of like seniority,
    status, and pay within a specified time-frame. (See 5 CFR Part 352).
    DHHS officials must assure that this requirement is met.\
    \
    For additional information concerning a detail or transfer to an
    international organization, such as the United Nations agencies or
    to an international assignment with the Department

    of State, contact the Office of International and Refugee Health,
    Office of Public Health and Science, OS, DHHS.

    [Organizations Covered]{.underline}\--OPM plans to list the approved
    international organizations covered by Public Law 85-795 on its Main
    Street Bulletin Board, but until that happens, OPDIVs with questions
    should contact the Office of Human Resources. 5 CFR Part 352 states
    that an agency must ascertain OPM approval to detail or transfer an
    employee to an organization that is not on the list. OPDIV Heads or
    their designees are authorized to request such approval from OPM
    directly. A copy of an approval obtained by an OPDIV will be sent to
    the Office of the Deputy Assistant Secretary for Human Resources and
    the other OPDIVs in order to avoid the same request being made to
    OPM again.

    [Authority to Consent to Release]{.underline}\--In accordance with
    the policy stated in 352-1-20, and upon receipt of a written
    request:\
    \
    The OPDIV Head or his/her designee is responsible for the consent to
    release an employee for transfer or detail to an international
    organization for a period not to exceed five consecutive years,
    except when the Secretary of State determines it to be in the
    national interest, the detail or transfer may be extended up to an
    additional three years, or the period of less than five years
    specified at the time of consent to transfer or detail, beginning
    with entrance on duty in the international organization. A detail or
    series of details or combination of details and transfers shall not
    exceed eight years in the aggregate.

    [Retirement, Health Benefits, and Life Insurance
    Coverage]{.underline}\--It is Department policy to make agency
    contributions for retirement, health benefits, and life insurance
    for an employee who requests retention of coverage with resulting
    rights and benefits during his/her absence. The employee must make
    his/her own payments.

    [Procedure\
    ]{.underline}

    1.  The appropriate personnel office is responsible for:

        a.  Assuring that a record of the agreement to detail an
            employee to an international organization is filed in the
            employee\'s Official Personnel Folder (OPF). The record may
            be a copy of a program official\'s letter agreeing to the
            detail.

            Notifying the receiving organization of the receipt of
            approval to transfer an employee to an international

    organization and establishing an effective date that is mutually
    agreeable with the international organization and OPDIV program
    officials.

    a.  Journalizing transfer or LWOP of 30 days or more to serve an
        international organization, identifying on the SF 50 the
        organization and, in transfer, showing the reemployment rights.

        In transfers with reemployment rights:

        0.  \(1\) Obtaining a statement of the leave account of the
            employee from the appropriate payroll office, forwarding it
            to the employee, and requesting a written statement from
            him/her indicating whether he/she elects to receive a
            lump-sum payment or retain the annual leave to his/her
            credit; and notifying the appropriate payroll office of the
            employee\'s decision when it is received.

            \(2\) Requesting written notice of the employee\'s decision
            as to retirement, health benefits, and life insurance
            coverage; notifying him/her of the policy stated in
            352-1-60D with respect to making the agency contributions;
            notifying the appropriate payroll office of the employee\'s
            decision when it is received.

            \(3\) Continuing the SF 7 in an active file if the employee
            elects to continue retirement, health benefits, or life
            insurance coverage and preparing payroll change slips when
            periodic pay or other increases or changes in health
            benefits rates effect changes in salary; forwarding all
            except employee and personnel copies to the appropriate
            payroll office; filing the personnel copy in the employee\'s
            OPF; sending the employee his/her copy along with
            information about the effective date and amount of any
            increased payments to be forwarded to the appropriate
            payroll office.

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    1.  The payroll office is responsible for:

        a.  furnishing the personnel office with a statement of the
            employee\'s leave account;

            making lump-sum payments for annual leave when the employee
            elects to receive such payment(s) ; and

            collecting, accounting for, and depositing funds received
            for retirement, health benefits, or life insurance coverage.

        The appropriate fiscal office is responsible for presenting
        vouchers to the international organization for reimbursements of
        expenses of employees detailed on a reimbursable basis.

352-1-70 TRANSFER UNDER OPM LETTER OF AUTHORITY

A.  [Authority]{.underline}\--5 CFR Part 352 provides for the granting
    of reemployment rights upon movement between executive agencies only
    when authorized under a \"Letter of Authority\" issued by OPM . Such
    letters are issued when an agency believes that an emergency
    situation is so critical as to justify reemployment rights to aid
    emergency recruiting situations in programs of national importance.
    Reemployment rights granted under a Letter of Authority, in general,
    expire after one year. If reemployment through the exercise of
    reemployment rights would cause the separation or demotion of
    another employee, the returning employee is considered as reemployed
    for the purpose of applying the Retention Preference Regulations to
    determine to what, if any, position he/she is entitled.

    [Appeals with Respect to Granting Reemployment
    Rights]{.underline}\--In accordance with 5 CFR Part 352, an appeal
    of the denial of reemployment rights must be made to OPM within 15
    calendar days after receipt of notice that such rights are proposed.
    An appeal may be made only if the losing agency believes the grant
    of reemployment rights would be detrimental to the public interest.
    OPDIVs are responsible for making such decisions and appeals.

    [Requests for Letter of Authority]{.underline}\--In accordance with
    5 CFR Part 352, when an agency believes that an emergency situation
    is so critical as to justify offers of reemployment rights, it may
    request OPM to issue a \"Letter of Authority.\" Should such a
    situation arise in this Department, the OPDIV Head or his/her
    designee is responsible for requesting the Letter of Authority from
    the appropriate office at OPM. A copy of the request and OPM\'S
    response must be provided to the Office of the Deputy Assistant
    Secretary for Human Resources.

Exhibit A

DELEGATIONS OF AUTHORITY

A.  AUTHORITY DELEGATED

    1.  Subject to the reservations contained in B below, Heads of
        OPDIVs (including the PHS agencies, the Program Support Center,
        HCFA, ACF, and AOA), the Assistant Secretary for Management and
        Budget for the Office of the Secretary (OS), and the Inspector
        General (for OIG) are delegated the authority to:

        a.  give consent or disapproval of the assignment, transfer,
            detail, and release of employees with reemployment rights
            who are entering on duty in:

            0.  \(1\) a position with the State Department Foreign
                Service;

                \(2\) a position under the authority of sections 625(b)
                and 233(d) of the Foreign Assistance Act of 1961, as
                amended;

                \(3\) a position outside the United States as an
                \"employee \" with the Peace Corps;

                \(4\) a position with an international organization;

                \(5\) a position in another agency covered by a
                \`tLetter of Authority\" issued by the Office of
                Personnel Management (OPM); and

                \(6\) a position under another statutory authority which
                may or may not be regulated by OPM but provides for
                reemployment rights.

        The above authority may be redelegate with further redelegations
        authorized.

    AUTHORITY RETAINED\
    \
    Authority for approval of the detail or transfer of employees of the
    PHS agencies to international organizations and to international
    assignments with the Department of State is retained in the Office
    of the Secretary. The Assistant Secretary for Health is the final
    approval authority for such assignments and the final signatory to
    all agreements for such assignments.

Exhibit A (Continued)

[C. PRIOR DELEGATIONS]{.underline}

This delegation supersedes all prior delegations. To the extent that
previous delegations of authority covering the above subjects are
consistent with the provisions of this delegation, they may remain in
effect until new redelegations are made under the authority of this
delegation.

[D. EFFECTIVE DATE]{.underline}

This delegation is effective on the date of this transmittal.