(b) Functions. The Public Law 555 Waiver Review Board is responsible for making thorough and equitable evaluations of applications for waiver submitted to this Department and for rendering decisions on such applications on behalf of the Department.

(c) Membership. The Public Law 555 Waiver Review Board usually consists of four members. Two of the members represent the Office of the Secretary and are permanently assigned. The other two members vary from case to case and represent the operating agency within the Department which is most directly concerned with the particular case. If more than one operating agency is directly interested, the Board may be expanded to include additional members to provide the necessary representation. § 50.3 Policy.

In order to carry out the legislative intent, the Department of Health, Education, and Welfare will request waivers only when such a request is clearly consistent with the maintenance of the integrity of the educational exchange program. Each case is evaluated individually on the basis of the facts available. The general criteria to be applied

are:

(a) The individual must be in a high priority program or activity of national or international significance involving the broad interests of the general public. Accordingly, waivers will not be requested when the documentation clearly demonstrates that the problem is solely one of recruitment in order to overcome a local community or institution manpower shortage.

(b) A direct relationship must exist between the exchange visitor and the program or activity involved so that loss of his services would necessitate discontinuance of the program. Accordingly, waivers will not be requested when the principal problem appears to be one of administrative or program inconvenience to the institution or other employer.

(c) The individual must process unique and outstanding qualifications, training, and experience and be making original and significant contributions to the program.

(1) The following procedure should be followed in applying to this Department for consideration of a Public Law 555 waiver: A letter should be submitted to the Public Law 555 Waiver Review Board, Department of Health, Education, and Welfare, Washington 25, D.C., by the institution of learning, hospital, laboratory, corporation, etc., describing in detail the circumstances of the case involved. This should include:

(i) A complete description of the program or activity in which the exchange visitor is engaged;

(ii) His or her relationship to the program, particular contribution, and other responsibility, if any;

(iii) The probable future of the program if the waiver is not granted;

(iv) The exchange visitor's curriculum vitae, bibliography, date and place of birth, present citizenship, date and port of entry and current address;

(v) Any other facts considered germane.

(2) Since the formal filing of an application for waiver with the Immigration and Naturalization Service automatically terminates the applicant's exchange visitor status, it is permissible to obtain the decision of this Department before filing with the immigration and Naturalization Service.

AUTHORITY: The provisions of this Part 55 issued under sec. 314, 58 Stat. 693, as amended by 80 Stat. 1180, 1189, 42 U.S.C. sec. 246(f) (9). Interpret or apply sec. 314(f), 58 Stat. 693, as amended by sec. 3, 80 Stat. 1181, 42 U.S.C. sec. 246 (f).

SOURCE: The provisions of this Part 55 appear at 32 F.R. 10852, July 25, 1967, unless otherwise noted.

§ 55.1 Definitions.

As used in this part:

(a) "Act" means the Public Health Service Act (amended by the Comprehensive Health Planning and Public Health Services Amendments of 1966; P.L. 89-749, 80 Stat. 1180).

(b) "Secretary" means (except when used in § 55.7(b) (6), (c) (2), and (d) (3) ) the Secretary of Health, Education, and Welfare, or his delegatee.

(c) "Department" means the Department of Health, Education, and Welfare.

(d) "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands.

(e) "State agency" means a State or a political subdivision of a State, or any agency of either (including State or local health or health planning agencies), engaged in any activities related to health or designated or established pursuant to section 314(a) (2) (A) of the Act.

(f) "Officers and employees" means officers of the Commissioned Corps of the Public Health Service and all civilian officers and employees of the Department in either the excepted or competitive service.

(g) "Commissioned Officer" means an officer, Regular Corps or Reserve Corps, serving on active duty, in the Commissioned Corps of the Public Health Service (ie., officers appointed pursuant to section 203 of the Act (42 U.S.C. sec. 204)). § 55.2 Purpose and coverage.

(a) Authority for assignment. Under section 314(f) of the Act, the Secretary is authorized, through agreements or otherwise, to arrange for assignment of officers and employees of States to the Department and assignment of officers and employees of the Department engaged in work related to health to States, for work which the Secretary determines will aid the Department in more effec

tively discharging its responsibilities in the field of health as authorized by law, including cooperation with States and the provision of technical or other assistance. Such arrangements will be made by the Secretary in accordance with the provisions of section 314(f) of the Act, the regulations in this part, and any conditions and procedures which the Secretary finds necessary to carry out the purpose of the Act and the regulations in this part.

(b) Department's responsibilities in the field of health. "The Department's responsibilities in the field of health” are promotion of normal physical and mental development and well-being, and repair or containment of the effects of injuries and diseases, including rehabilitation of persons affected by disease of injury, development of basic scientific knowledge about the life processes and the nature of disease, augmentation of health resources and improvement of the utilization of these resources, control of environmental hazards and consumable products, and improvement of the quality and availability of health services. Activities in these areas may be focused on individuals, families, groups of people, communities, regions, or the population at large.

(c) Work related to health. "Work related to health” means any work which contributes to carrying out the Department's responsibilities in the field of health.

§ 55.3 Assignments of personnel.

Assignments of personnel between the Department and a State agency may include (a) assignments to the State agency of one or more officers or employees of the Department either considered to be on detail to a regular work assignment in the Department or on leave without pay from positions in the Department, (b) assignments to the Department of one or more officers or employees of the State agency either with or without appointment in the Department, or (c) interchanges of personnel involving any combination of paragraphs (a) and (b) of this section. § 55.4 Initiation of proposals.

A proposal for an assignment of personnel between the Department and a State agency may be made by either the Secretary or the State agency.

(a) Department proposals. When the Secretary desires to effect with a State

agency the assignment of personnel under section 314(f) of the Act, he will propose an arrangement for that purpose to the appropriate State agency. Upon acceptance of the proposal by the State agency, the Secretary and the State agency will enter into an agreement which meets the requirements of section 314(f) of the Act and the regulations in this part.

(b) State proposals. A State agency desiring the assignment of personnel under section 314(f) of the Act shall submit a proposal for an arrangement for that purpose in such manner as may be prescribed by the Secretary. Information on making such proposals may be obtained from the Department. The Secretary will notify the State agency in writing of his acceptance or rejection of the proposal. If he rejects the proposal submitted by the State agency, but modifications would make the proposal acceptable, he may suggest such modifications. If the proposal is accepted by the Department, the Secretary and the State agency will enter into an agreement which meets the requirements of section 314(f) of the Act and the regulations in this part. § 55.5

Duration of assignment.

Each agreement between the Department and a State agency for an assignment of personnel shall indicate the period of assignment of each officer or employee covered by the agreement. Such a period of assignment shall not exceed 2 years but may be extended or renewed for new 2-year periods.

§ 55.6

Nature and type of assignment. Each agreement between the Department and a State agency for assignment of personnel shall indicate the type and describe the nature of the assignment of each officer or employee covered under the arrangement. Specifically, the agreement shall (a) indicate whether the officer or employee of the Department will be on detail to a regular work assignment in the Department or on leave without pay from his position in the Department, or whether the officer or employee of the State agency will be given an appointment in the Department or assigned to the Department without appointment; (b) describe the duties and responsibilities of the officer or employee while on

(a) Department personnel on detail to State agency. Each agreement for assignment to a State agency of an officer or employee of the Department on detail to a regular work assignment in the Department shall contain provisions with respect to compensation and allowances, travel and transportation expenses, and employee benefits which are consistent with his remaining an officer or employee of the Department. Such an agreement may provide that the compensation, travel and transportation expenses, and allowances (or any part thereof) of the officer or employee will be reimbursed by the State, including travel directed by a State.

(b) Department personnel on leave without pay. Each agreement for assignment to a State agency of an officer or employee of the Department on leave without pay from his position in the Department shall, in accordance with section 314(f) of the Act, contain provisions with respect to the following matters:

(1) Payment by the State of Compensation (including allowances) of the officer or employee during the period of assignment, which may include provisions for supplementary salary payments from the Department not in excess of the amount by which the Department rate of compensation (including allowances) exceeds the State rate of compensation (including allowances) and the agreement may also contain provisions for reimbursement by the State for such supplementary compensation;

(2) Payment by the Department of the expenses of travel of the officer or employee and transportation of his immediate family, household goods and personal effects to and from his initial place of assignment, which may include provisions for reimbursement by the State for such expenses;

(3) Payment by the State, under State law and implementing regulations and policies, of travel and transportation expenses incurred as a result of travel directed by the State;

(4) Entitlement to annual and sick leave to the extent authorized by Federal law if that officer or employee were not on leave without pay, but only in cir

cumstances considered by the Secretary to justify approval of such leave;

(5) Coverage under Chapter 87 (life insurance), Chapter 89 (health insurance), and Chapter 83 (retirement) of Title 5 of the United States Code, including the collection and deposit into the respective Federal funds of all necessary contributions and the election of either benefits available under those provisions or similar benefits available through employment in the State agency;

(6) Coverage under Chapter 81 (compensation for work injuries) of Title 5 of the United States Code, except that the officer or employee so assigned (or his dependents in case of death) may elect either benefits available under that provision or similar benefits available through employment in the State agency for injury or death (such election shall be made within 1 year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law); and

(7) Crediting of the period of assignment toward eligibility for Periodic Step Increases under the provision of Chapter 53, Subchapter III of Title 5 of the United States Code and for retention and leave accural purposes under the provisions of Chapter 63, Subchapter I of Title 5, United States Code;

(8) The receipt of credit by a Commissioned Officer for his services while so detailed for pay, promotion, retirement, Social Security, and other purposes as an officer of the Uniformed Services of the United States;

(9) Entitlement of Commissioned Officers and/or their dependents and beneficiaries to medical care, commissary and post exchange privileges and other benefits as members of the Uniformed Services of the United States;

(10) The Federal program which will pay (with or without reimbursement by the State) monetary benefits to which the survivors of an officer or employee are entitled upon death (e.g., in the case of a Commissioned Officer, 6 months pay death gratuity, travel of dependents to a home of selection, shipment of household goods, transportation of remains to place of burial, transportation for escort to accompany remains, burial allowance, etc.).

(c) State personnel without appointment to Department. Each agreement for the assignment to the Department of

an officer or employee of the State agency without appointment shall contain provisions with respect to compensation and allowances, travel and transportation expenses, and employee benefits which are consistent with his remaining an officer or employee of the State agency, except that, in accordance with section 314(f) of the Act, provisions shall be contained in the agreement with respect to the following matters:

(1) Payment by the Department of expenses of travel of the officer or employee (but not expenses of transportation of his immediate family, household goods, and personal effects) to and from the place of assignment or during the period of assignment;

(2) Coverage under the compensation for work injuries provision of Chapter 81 of Title 5, United States Code, except that the officer or employee so assigned (or his dependents in case of death) may elect either the benefits under that provision or benefits available through employment in the State agency for injury or death (such election shall be made within one year after the injury or death, or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law).

(d) State personnel with appointment to Department. Each agreement for appointment to the Department of an officer or employee of the State agency for the period of assignment shall, in accordance with section 314(f) of the Act, contain provisions with respect to the following matters:

(1) Payment by the Department of compensation in accordance with position classification provisions of Chapter 51 of Title 5, United States Code, and allowances as authorized by Federal law;

(2) Payment by the Department of expenses of travel of the officer or employee (but not expenses of transportation of his immediate family, household goods, and personal effects) to and from the place of assignment and during the period of assignment;

(3) Coverage under the compensation for work injuries provision of Chapter 81 of Title 5, United States Code, except that the officer or employee so appointed (or his dependents in case of death) may elect either the benefits under that provision or benefits available through employment in the State agency for injury or death (such election shall be made within one year after the injury or death,

or such further time as the Secretary of Labor may for good cause allow, and when made shall be irrevocable unless otherwise provided by law);

(4) Exclusion of the officer or employee from coverage under the retirement provision of Chapter 83 of Title 5, United States Code, and the life insurance provision of Chapter 87 of Title 5, United States Code;

(5) Coverage under the health insurance provision of Chapter 87 of Title 5, United States Code, but only if appointment to the Department results in the loss of coverage in a group health benefits plan whose premium has been paid in whole or in part by a contribution of the State agency.

(e) General provisions. (1) Notwithstanding any other provision in this section, sections 203, 205, 207, 208 and 209 of Title 18 of the United States Code, relating to conflicts of interest, shall apply to all officers or employees on assignment pursuant to section 314(f) of the Act;

(2) Each agreement for the assignment of an officer or employee shall provide that the policies of both the Department and the State agency governing the standards of conduct of their personnel shall apply to the officer or employee assigned under the agreement; and, if any such policies conflict, the agreement shall include mutually acceptable provisions indicating which policies in the areas of conflict will prevail;

(3) Each such agreement for the assignment of an officer or employee shall provide that the rules and policies of the Department or State agency receiving the officer or employee on assignment with respect to the internal operation and management of the receiving agency (for example, hours of duty, building rules, and operating procedures) shall govern the employment and conduct of such employee or officer except as otherwise provided in the agreement through mutual consent;

(4) Each agreement for the assignment of an officer or employee may contain any other provisions not in violation of the Act or the regulations in this part which the Department or State agency finds necessary to carry out the assignment provided for therein and which are mutually acceptable.

§ 55.8 Modification of agreement.

Each agreement for an assignment of personnel between the Department and a State agency may be shortened, extended,

§ 55.10

Reports and evaluation.

The parties to each agreement shall adopt such procedures and make such reports as the Secretary may find necessary for the evaluation of the progress of assignments under the agreement in light of the purpose stated in section 314(f) (2) of the Act and § 55.2. Such procedures and reports shall include, but not be limited to, (a) periodic consultations between the Department and the State agency, (b) exchange of reports, and (c) maintenance of records supporting such reports and mutual access thereto.