MEMORANDUM

To: Assistant Secretary for Legislation and the Deputy Assistant
Secretary for Human

Resources

From: Joe W. Ellis

Assistant Secretary for Administration and Management

Subject: Delegation of Authority: Detail of Employees to the Legislative
Branch and the

> Executive Office of the President (EOP)

[Authority to Delegate]{.underline}: The memorandum from the Secretary,
dated October 11, 2001, provides delegation authority to ASAM. I hereby
delegate the following authorities:

[Assistant Secretary for Legislation]{.underline}: Authority to approve
extension of details to the Legislative Branch.

[Deputy Assistant Secretary for Human Resources]{.underline}: Authority
to authorize rotational assignments for trainees to the EOP and approve
extension of all other details to the EOP.

[Effective Date]{.underline}: This delegation is effective immediately.

[Effect on Existing Delegations]{.underline}: This is a new delegation
and does not impact any existing delegations.

**SUBJECT:** Detail of Employees to the Legislative Branch or the

Executive Office of the President (EOP)

112-1-00 Purpose

112-1-10 References

112-1-20 Definitions

112-1-30 Coverage and exclusions

112-1-40 Roles and Responsibilities

112-1-50 Policies and Procedures for Obtaining Approvals

112-1-60 Documenting the Detail

Exhibit A: Sample Request from Congress

Exhibit B: Sample Approval

**112-1-00 PURPOSE**

This document outlines the policies and procedures for detailing the
Department of Health and Human Services (HHS) employees to the
Legislative Branch or the Executive Office of the President (EOP).

**112-1-10 REFERENCES**

A. 3 USC § 112 (authority for heads of Federal agencies to temporarily
detail personnel to the White House).

B. 21 Comp. Gen. 954 and 1055 (guidance in making details to committees
of the Congress)

C. Economy Act 31 USC 1535 (authority for reimbursable details where the
assignment is not directly mandated under HHS appropriated funds)

D. Comp Gen B-211373, March 20, 1985 (non-reimbursable details)

E. 2 USC § 72a (f) (authority for details of executive branch personnel
to committees of the Congress)

F. House Ethics Manual 2008 Edition, Appendices, Guidance on Intern,
Volunteer, and Fellow Programs, Letter of June 29, 1990

G. Senate Ethics Manual, Appendix A, Rule 41, Interpretative ruling no
111, dated April 5, 1978

**112-1-20 DEFINITIONS**

A. [Detail]{.underline}. The temporary assignment of an HHS employee
(either reimbursable or non-reimbursable) to a congressional committee
or the Executive Office of the President, with the written authorization
of the full Committee Chairman, the Executive Office of the President
and the ASAM.

B. [Trainee]{.underline}**.** A trainee is an HHS employee assigned to a
formal training program (e.g. Emerging Leaders, Presidential Management
Fellows). These programs vary in length and are sponsored by either the
Department or the Office of Personnel Management.

**C.** [Formal Training Program]{.underline}. Formal training programs
are designed to facilitate the appointment and development of a diverse
and high caliber pool of candidates to fill HHS positions in a variety
of occupations. Participants are required to compete against other
candidates and are selected for a program with stated learning
objectives which involves a combination of formal and informal training
activities, on-the-job training, and/or rotational assignments.

**D.** [Rotational Assignments]{.underline}. Rotational assignments can
vary in length depending on the Fellow or Intern's previous work
experience, the mentor\'s advice, and the rotational supervisor\'s
guidance. The number and length of assignments are the joint
responsibility of the Intern, mentor, and assignment supervisor. While
not typical, extensions are occasionally granted for unusual
circumstances.

**112-1-30 COVERAGE AND EXCLUSIONS**

A. Coverage. This clearance and approval procedure is applicable to all
HHS full-time and part-time employees in both the competitive and
excepted services, irrespective of the authorities under which they are
appointed.

B. Exclusions. Details of U.S. Public Health Service Commissioned Corps
Officers or contractors of HHS are not covered.

**112-40 ROLES AND RESPONSIBILITIES**

A.  Assistant Secretary for Administration and Management (ASAM) retains
    the authority to approve all details to or from the EOP and to or
    from the Legislative Branch of Government (including the Government
    Accountability Office, the Library of Congress and the Government
    Printing Office).

B.  Office of Human Resources (OHR), ASAM, is responsible for
    coordinating and reviewing all requests submitted to the ASAM for
    approval. In addition, the OHR ensures that the operating Human
    Resources organizations (OHROs) retain documentation of the details
    in the employees' Official Personnel Folders (OPFs).

C.  Office of the Assistant Secretary for Legislation (ASL) is
    responsible for reviewing and concurring in all requests for
    details, including extensions, to the Legislative Branch. This also
    includes concurrence with trainee rotational assignments.

D.  Operating Divisions (OPDIVS) are responsible for:

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1.  Ensuring details and extensions of details for civil service
    personnel to the Legislative Branch or the EOP, comply with law.

2.  Reviewing of and concurring with proposed details.

3.  Requesting ASAM approval.

4.  Ensuring all details are documented.

5.  Ensuring each detailed HHS employee is counseled on Conflict of
    Interest issues by a Deputy Ethics Counselor prior to the
    assignment.

6.  Contacting the detailee, the Committee or the EOP 30 days prior to
    the end of the assignment to confirm that the detail is concluding
    and that the detailee will be returning to his/her official job of
    record as planned. Confirmation of the conclusion of a detail should
    be reported to the ASL or the OHR.

**112-1-50 POLICIES AND PROCEDURES FOR OBTAINING APPROVALS**

The Department supports details of HHS employees to other Federal
agencies, including the Legislative Branch and the EOP, as a valuable
tool for learning and exchanging information beneficial to both HHS and
the other Federal organizations.

Because the authority to approve and concur with details is vested in
the ASAM, it is critical that proper procedures be followed to expedite
the approval process. To obtain clearance for details to the Legislative
Branch or the EOP, the actions described below must be followed. A
detail may not begin until the clearance process has been completed.
(See Exhibit A and B for a sample request and approval.)

A. Details and Extensions of Details to the Legislative Branch

1\. Policy.

a.  Details must be made on a reimbursable basis (via the authority of
    the Economy Act, 31 USC 1535), unless the work aids HHS in
    accomplishing the mission for which our appropriations are made.

b.  All requests for details to the Legislative Branch must be reviewed
    by and have the concurrence of the ASL. The initial detail requires
    ASAM approval. Extensions may be approved by ASL.

c.  New or initial details to Congress are limited to six months with
    one six month extension. The total length of the detail may not
    exceed a 12-month period or the end of a Congress.

2\. Procedures.

The chairman of the full Committee must submit a letter to the immediate
Office of the Secretary or another senior official requesting the
detail. All requests must be forwarded through the ASL for review and
concurrence. The ASL forwards to the OHR for coordination and submission
to the ASAM for approval. The request must contain the following
information:

a.  The name of the committee to which the employee will be detailed and
    an explanation of the relationship between the duties of the detail
    and those of the detailing OPDIV; its impact on HHS; and how it will
    further the purpose for which appropriations are made to HHS, the
    OPDIV; and legislative purpose for the detail. In addition, the
    request must contain the name of the individual who will be
    responsible for reporting time and attendance information to the
    detailee's supervisor of record, a copy of the incoming request,
    and, if appropriate, information on reimbursement.

b.  The request should also include a copy of the correspondence
    documenting OPDIV Head's (or their designee's) concurrence.

c.  ASL reviews the request. If ASL concurs, the request is forwarded to
    OHR for ASAM approval. OHR will notify appropriate parties of the
    outcome. ASL is responsible for notifying the respective Committee
    Chairman or designated staff.

d.  If an extension of the detail is desired, it must be submitted at
    least 30 days in advance of the expiration date of the assignment..

B*.* Details and Extension of Details to the EOP.

1\. Policy.

a.  Details to the EOP that exceed 180 days must be reimbursed in
    accordance with 3 USC § 112 (i.e., certain EOP offices to include
    the White House Office, the Executive Residence to the White House,
    the Office of the Vice President, the Domestic Policy Staff, and the
    Office of Administration).

b.  Details to the EOP may not exceed a 12 month period.

c.  HHS employees can be detailed to EOP organizations that are not
    subject to 3 USC 112 with partial or no reimbursement for a brief
    period if the work of the detail: 1) involves matters similar or
    related to those of HHS; or 2) will have direct impact on HHS and
    will further the purpose for which HHS appropriations were made.
    Such details may be made only when the services of current employees
    can be provided without hindering the work of the OPDIV and without
    requiring that other staff be hired.

d.  All requests must be reviewed by OHR. The initial request must be
    approved by ASAM. Extensions may be approved by OHR.

2\. Procedures.

The EOP will submit a letter to the immediate Office of the Secretary or
another senior official requesting the detail. Requests must be
forwarded through the ASL to the OHR for coordination and ASAM approval.
The request must contain the following information:

a.  The name of the office to which the employee will be detailed, and
    an explanation of the relationship between the duties of the detail
    and those of the OPDIV; its impact on HHS; and, how it will further
    the purpose for which appropriations are made to HHS or the OPDIV.
    In addition the request must contain the name of the individual who
    will be responsible for reporting time and attendance information to
    the detailee's supervisor of record, a copy of the incoming request
    and must contain reimbursement provisions when appropriate to
    address and comply with 3 USC 112.

b.  The request should also include a copy of the correspondence
    documenting OPDIV Head's (or their designee's) concurrence.

c.  The OHR will coordinate request for approval of the ASAM and notify
    all appropriate parties of the outcome.

d.  Requests for extensions must be submitted at least 30 days in
    advance of the expiration date to facilitate the approval process.

C. Details and Extensions of Details for Employees serving in formal
training programs.

1\. Policy.

a.  Rotational assignments for Presidential Management Fellows (PMF),
    Emerging Leaders Program (ELP) participants or other HHS formal
    training program participants to the Legislative Branch must be
    forwarded through the appropriate training program coordinator for
    review. If detail is deemed appropriate, the coordinator will
    forward to the OHR.

b.  Candidates for fellowship positions must be enrolled in a formal
    program. HHS employees may not participate in fellowship programs
    that do not provide either a formal training program or an
    established fellowship program that is in connection with a
    recognized academic institution or professional organization.

c.  All requests for details to the Legislative Branch must be reviewed
    by and have the concurrence of the ASL.

d.  Rotational assignments to Congressional Committees or member offices
    are limited to 120 days with one extension allowable up to an
    additional 60 days.

e.  Rotational assignments outside the United States, whether to an HHS
    organization or other agencies are prohibited for trainees.

2\. Procedures.

The chairman of the Committee, the member's office, or the EOP will
submit a letter to the immediate Office of the Secretary or another
senior official requesting the assignment. The request must contain the
following information:

a.  The name of the committee or office to which the employee will be
    detailed, and an explanation of the relationship between the duties
    of the assignment and those of the OPDIV; its impact on HHS; and,
    how it will further the purpose for which appropriations are made to
    HHS or the OPDIV. It must contain the name of the individual who
    will be responsible for reporting time and attendance information to
    the detailee's supervisor of record. In addition, the requests must
    contain a copy of the incoming request and must document the
    benefits to the trainee's development as well as the benefits to
    HHS. The assignment must not pose a conflict of interest. The House
    and Senate Ethics guidelines stipulate that the assignment is for
    the individual's education and not for the benefit of their Agency
    or Department.

b.  If the OPDIV Head (or his/her designee) concurs with the assignment,
    written concurrence should be attached to the request. In addition,
    the request should be submitted through the appropriate training
    program coordinator for concurrence with the assignment prior to
    submission to OHR.

c.  The OHR will authorize assignments to the EOP and notify appropriate
    parties of the outcome. ASL will authorize assignments to the
    Legislative Branch and notify the respective Committee Chairman or
    designated staff.

**112-1-50** **Documenting the Detail.**

A. The employee is counted as occupying the position of record in the
Full-Time Equivalent/Work Year Civilian Employment Report (SF-113g) of
the losing OPDIV regardless of whether a detail is reimbursable or
non-reimbursable.

B. OPDIVs will submit a Request for Personnel Action, SF-52, to their
OHROs for placement in the employee's OPF. The following information
must be included in the package.

1.  Name of detailee;

2.  Organization to which detailed;

3.  Period of detail;

4.  Whether or not the detail is reimbursable;

5.  Duties to be performed during the detail;

6.  The name of the individual who will be responsible for providing
    time and attendance information to the detailee's supervisor of
    record.

C. OHROs must maintain records on incoming and outgoing details. An
SF-52 documenting the detail must be filed in HHS employees' OPF with
supporting information about the detail.

D. OPDIVS must also submit an SF-52 and supporting information to
document any extension of a detail. Extensions should be submitted 30
days prior to the expiration of the original detail or as soon as
possible following notification of an extension request.

Exhibit A -- Sample Request from Congress

The Honorable Michael O. Leavitt

Secretary

U.S. Department of Health and Human Services

200 Independence Avenue S.W.

Washington, DC 20201

Dear Secretary Levitt:

I am writing to request that the Department of Health and Human Services
assign Mr. John Doe, PhD, Director of the Federal Interagency Committee
on Aging Statistics, to the majority staff of the Senate Special
Committee on Aging on a non-reimbursable basis for six months. Dr. Doe's
expertise in aging research and his knowledge of the federal statistical
system makes him an ideal candidate for this detail.

The purpose of the detail is to assist the Committee in developing an
award to recognize and promote aging research in the federal government.
Dr. Doe will assist in 1) developing the award criteria, 2)
disseminating the award instructions to the directors of the federal
agencies, 3) processing the applications and overseeing the review
process, 4) organizing a local event to announce the award winners, and
5) writing/compiling a Committee report that highlights the federal
government's important contributions to aging research.

I appreciate your consideration of this request. Should you have any
further questions regarding this assignment to the Committee, please do
not hesitate to contact Jane Smiles of my Aging Committee staff at (202)
555-5555.

Sincerely,

John Senate

Chairman

Exhibit B -- Sample Approval of Request

The Honorable John Senate

Special Committee on Aging

United States Senate

Washington, D.C. 20515

Dear Congressman Senate:

I am pleased to authorize the non-reimbursable detail of John Doe, Ph.D,
Director of the Federal Interagency Committee on Aging Statistics,
Department of Health and Human Services (HHS), to the majority staff of
the Senate Special Committee on Aging. This letter authorizes the detail
from June 9, 2008 through December 1, 2008. As a matter of established
policy and procedure, HHS limits new details and extensions to six
months. We will be happy to consider an additional extension when
appropriate and if you so desire.

It is my understanding the purpose of the detail is to assist the
Committee in developing an award to recognize and promote aging research
in the federal government. Dr. Doe will assist in 1) developing the
award criteria, 2) disseminating the award instructions to the directors
of the federal agencies, 3) processing the applications and overseeing
the review process, 4) organizing a local event to announce the award
winners, and 5) writing/compiling a Committee report that highlights the
federal government's important contributions to aging research.

I am delighted to accommodate your request for Dr. Doe's detail. If an
extension is required or if you need further assistance, please do not
hesitate to contact Mr. Vincent Ventimiglia, Assistant Secretary for
Legislation at (202) 555-5555. Extension requests must be submitted
thirty days prior to the end of the detail or as soon as the extension
requirement is identified.

Sincerely yours,

Joe Ellis

MEMORANDUM

To: Assistant Secretary for Legislation and the Deputy Assistant
Secretary for Human

Resources

From: Joe W. Ellis

Assistant Secretary for Administration and Management

Subject: Delegation of Authority: Detail of Employees to the Legislative
Branch and the

> Executive Office of the President (EOP)

[Authority to Delegate]{.underline}: The memorandum from the Secretary,
dated October 11, 2001, provides delegation authority to ASAM. I hereby
delegate the following authorities:

[Assistant Secretary for Legislation]{.underline}: Authority to approve
extension of details to the Legislative Branch.

[Deputy Assistant Secretary for Human Resources]{.underline}: Authority
to authorize rotational assignments for trainees to the EOP and approve
extension of all other details to the EOP.

[Effective Date]{.underline}: This delegation is effective immediately.

[Effect on Existing Delegations]{.underline}: This is a new delegation
and does not impact any existing delegations.