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F~;:!;:rJI Bur e.iu of Prisons

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Septenber 30, 1991

captain Richard J. Bertin, USPHSDirector •Division of Commissioned PersonnelRoom 4A-15, Parklawn BuildinqRockville, Maryland 20857Dear Captain Bertin:Enclosed Is an executed Memorandum of Undetstandinq (HOU} 301-1between the Department ot Health and Human Services, PublicHealth Service (PHS) and the Federal Bureau ot Prisons (BOP).This Memorandum sets torth the conditions, responsibilities, andprocedures governing the assiqnment ot otticers ot theCommissioned Corps ot the PHS to the BOP to furnish Medical andother related Health Services to individuals confined to FederalCorrectional r.acilities.If you have any questions, please call me or Vernon A. Smith,Chi ational Contracts and Polley, at (202) 307-0985.

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MEMORANDUM OF UNDERSTANDING BETWEEN THEBUREAU OF PRISONS, DEPARTMENT OF JUSTICE

AND THEU.S. PUBLIC HEALTH SERVICE,

DEPARTMENT OF HEALTH AND HU~~ SERVICESPURPOSEThe purpose of this Memorandum of Understandinq is to setforth the conditions, responsibilities, and proceduresgoverning the assignment of officers of the CommissionedCorps of the Public Health Service (PHS) to the Bureau ofPrisons (BOP), Department of Justice, to furnish medical andother related health services to individuals confined toFederal Correctional facilities.

II. AUTHORITXPursuant to 42 U.S.C. 250 and 250a PHS is authorized tosupervise and furnish'medical, psychiatric, and othernecessary technical and scientific services to individualsin Federal Correctional facilities. Pursuant to 18 U.S.C.4005, BOP ls authorized to enter into ~greements with PHSfor the assiqnment and reimbursement of\PHS personnel toprovide such services. Pursuant to 42 U.S.C. 215(4), PHS isauthorized to enter into aqreements with other Federalagencies for the assignment of PHS cOIMl'issioned officers tosuch agencies to conduct work related to the functions ofPHS.

III. BOP RESPONSIBILITIESA. Determine the extent of health care services needed by

individuals confined to Federal Correctional facilitiesand the number of health professional personnel' .required to provide such service ••Notify PHS at lealt annually, and more frequently ifnecessary, of the number of PHS Commissioned Officers,by training and experience, needed to fulfill therequirement. of BOP.Notitr the Surqeon General, PHS, or his/her designee,of a1 adverse or disciplinary actions proposed beingtaken aqainst PHS commissioned officers asslqned toBOP.

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o. Consider PHS commissioned officers not assiqned to BOPfor assiqnments to BOP billet vacancies when initiatingrecruitment actions.

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E. Make t ine Ly rei' .'~ the Director, Division ofCor:JT11ssionedPe- . ".,d, Office of the Surgeon General

.(OS(;),of any 51 '5, life-threatenin9 illness or anyhospit~lization PHS officer which has ther~tentlal to be:. ~ disability evaluation case.

F. r":,:'1 timely repo .':to the Compensation Branch, Divisionof Cornrni. 55 ioned F<~r scnne L, 05G, ot any change in thestatus of a PHS officer with respect to his/her .dependents that :~'Yaffect the officer's entitlement tothe Basic Allow, ~e for Quarters or the VariableHousin9 Allowanc~.II ' ,I.aterequests for required field Investi9ations for

" ',' ';"'... , ~t ve pes itions and associa ted security clearance •.'~r.r,dIi.. tfy the Division of Commissioned Personnel, 05G,

nf thl' ,p.sultsof such investigations. ..H. Request concurrence of the Surgeon General, or his/herdp.~!qnee, prior to the permanent ~8signment of PHS

,, r,sioned officers to position_, that are not 'under!.h:: ae911 ot BOP.

IV. .f1i5 R€SPONSIBILITIES'..'~

The Surgeon General will, with the advice and consentof the Director, BOP, assi9n a PHS conudsiioned officerto serve al the Medical Director, Bop. An officershall be assi9ned as Medical Director, BOP, for aperiod not in exces. of four year., except that suchas~i9nr.ent may be extended beyond four year. if .

.mutually Aqreed to by the Surgeon General and theDirector, BOP. Any such extension. shall be authorizedin increments of not more than two years each.

B. As,i9n PHS Commissioned officers to 80P and willi Inmakln9 such aalignments, provide to the extentpo~.lbl., provide the special profes.ional,disciplines,qradel, and number. of PHS Commi.sioned Officersrequested by the Medical Director, BOP.

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C. Exercise professional oversight of PHS CommissionedOfficArs assigned to BOP. Such oversight will becocrd'~~ted with and ~xerclsed throuqh the Medicalo it f. C ~.JJ,: I BOP.

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o. Issue permanent change of stetion (PCS) orders tor allPHS Convnissioned Officers relating to their assignmentto, reassignment within, or assignment out of BOP.

E. Administer the personnel and payroll support systemsfor PHS Commissioned Officers assigned to BOP.

F. Reassign out of BOP, within 90 days of a writtenrequest by the Medical Director, BOP, any PHSCommissioned Officer who is not adaptable to duty withBOP or for whom a programmatic need no longer exists,provided that the skills and/or conduct of the PHSCummissioned Officer do not preclude utilization inanother program. If separation for medical ordisciplinary reasons is required, additional time maybe needed to complete the necessary processing inaccordance with the laws and regulations pertaining tothe Commissioned Corps. However, if separation orreassignment is necessary as a re$ult of disciplinaryreasons, every reasonable effort will be made toaccomplish such within 90 days of ,written justificationby the Medical Director, BOP, of t,herequirement torseparation or transfer. '

G. Desi9nate PHS Commissioned Officers assiqned to'SOP,when qualified and mutually agreed to by PHS and BOP,to serve as members of various PHS personnel board. orPHS professional advisory committees.

<v . nNANCIAL ARRANGEMENTS AND PROCED!JRE~

A. The BOP agrees to transfer to PHS amounts as may benecessary for payment of compensation, allowances, andexpe:nsesof PHS Commissioned Officers (includinqexpenses associated with the administration ofsubstandard performance and disciplinary board.)assi9ned to SOP, in accordance with the law. and"regulations governing PHS Commissioned Officers.These expenses shall also include all actuarial costs,incl'LJdingthe Federal Government'. &hare ofServicemen'. Group Life Insurance, Social Securitycoverage, projected future retirement benefits, medicalcare expenditures for the officer and his/herdependents, and similar costs. (Transfer of paymentsfor future retirement costs and medical care benefitsshall be contingent upon enactment of legislationrequiring such funding.)

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8. The followinq expenses incident to the employment ~ndtravel of PHS Commissioned Officers assigned to BOPwill be paid directly to the PHS Commissioned Officerby PHS:1. All pay and allowances, in accordance with

Title 37, United States Code.2. Payments for unused annual 1e~ve upon sep~r~tion

or retirement of officers.3. Travel and transportation entitlements tor

officers upon their initial assignment to BOP, orupon their separation or retirement from theCommissioned Corps while assigned to BOP.

4. In the event of the death of a PHS CommissionedOfficer assigned to BOPza. Expenses for tr~nsportation of dependents and

shipment of household goods to a placeselected by the survivo~s; .

b. Expenses for burial of the PHS CommissionedOfficer, includinq transportation of the bodyto place of interment;

c. Six month.' pay death gratuity to survivor.;d. Payment for unused annual leave creditable to

the PHS Commissioned Officer at the time ofhis/her death.

S. In the event of the death of a dependent of a PHSCommissioned Officer assigned to BOP,transportation of the remain. to the place ofburial.

C. BOP will reimburse directly t9 PHS CommissionedOff:Lcers their travel and transportation allowance fortemporary duty travel authorized by BOP. Travel andtransportation allowances provided shall be inaccordance with the Joint Federal Travel Regulations ofthe Uniformed Services.

O. PHS wi11 pay directly for PCS travel and tran,sportationexpenses for PHS Commissioned Officers who arereassigned from BOP to PHS.

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E. PHS sh.a11 determine on an annue 1 basis the per capi taoverhead charge to be allocated on an equitable basisto all Agencies to which PHS Commissioned Officers dreassigned. BOP will transfer to PHS the amount of theoverhead charge allocated to BOP.

VI. PERSONNEL PROCEDURESA. Each assignment of a PHS Commissioned Officer to BOP

shall be for an indefinite period unless limited formedical reasons, for BOP programmatic requirements, orPHS policy requirements. Each assignment will berequeated by BOP and is subject to the approval of theSurgeon General or his/her designee.

B. Assignment and supervision of PHS Commissioned Officersi· BOP will be exercised by the Medical Director, BOP .•

C. All formal communications between either BOP or PHS andPHS Commissioned Officers assigned to BOP shall bethrough the designated chain of command as dete~inedby BOP and PHS. Communications no~ pr.operlytransmitted will be returned to the originator forproper routing.

D. Other than for summary disciplinary actions asspecl.fied in the Conunissioned Corp. Personnel Manual,Subchapter CC46.4, INSTRUCTION 1, the Surgeon Generalor his/her designee, upon recommendation of the MedicalDirector, BOP, shall be responsible for actions taxanagainst PHS Commissioned Officers with respect toprobdtionary separation, marginal or substandardperformance, or misconduct.

E. PHS Commissioned Officer. assigned to BOP are subjectto reassignment to PHS upon the written request ~f theSurgeon General or his/her desiqnee subsequent toconsultation with the Medical Director, BOP.

F. PHS Commissioned Officer assigned to BOP will wear thePHS uniform with the appropriate PHS insignia anddevices in accordance with directives of the MedicalDirector, BOP.

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G. PHS officers assigned to BOP are eligible forparticipation in the PHS Honor and Cash Awards Programsin accordance with procedures established by PHS. PHSCommissioned Officers assigned to BOP are not eligiblefor p~rticipation in any cash awards program other thanthat established by PHS pursuant to 42 U.S.C.213a((I)(15) and 10 U.S.C. 1124, but may participate inBOP Awards and Recognition program for non-cash awards.

H. PHS Commissioned Officers must adhere to or participatein BOP policies and programs that apply to all BOPemployees, provided such policies or programs are notin conflict with PHS laws and requlations pertaining toPHS Commissioned Officers. However, PHS CommissIonedOfficers assigned to BOP shall adhere to the drugtesting and training requirements of BOP.

I. PHS Commissioned Officers assigned to BOP shall beauthorized leave in accordance with PHS regulations andpolicies as foilowsl1. All leaves of absence (annuai~ station, sick,

administrative, and court) must be authorizedby leave granting authoritiel designated by BOP.BOP shall report immediately 'all periods of'Absence Without Leave (AWOL) 'of PHS ConunissionedOfficer. to the Division of ConunislionedPersonnel, OSG, 50 that pay of the PHSCommissioned Officers concerned can be withheld.

2. Annual leave balances will be certified by BOP tothe Division of Commissioned Personnel, OSG1 whensuch certiflcation i, required by PHS.

3. The leave record. of PHS Commissioned Officersassigned to BOP will be maintained by thedesignated leave granting authorities and leavemaintenance clerk. in BOP.

4. Station leave (leave for less than a full workday) for PHS Commissioned Officers assigned to BOPmay be granted either orally or in writing by thedesignated leave granting 'authoritiel withoutcharge to the officers' annual leave~alance.

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5 •. A, copy of all requests for and approvals of sickleave for PHS Commissioned Officers assigned toBOP will be sent to the ~edical Branch, Divisionelf Commissioned Personnel, OSG.

J. Performance evaluations on each PHS CommissionedOfficer assigned to BOP shall be submitted at leastonce each year, or more frequently as may be requestedby PHS, on Form PHS-838, "Commissioned Officers'Effectiveness Report." The Form PHS-838 shall becompleted in accordance with the procedures establishedby PHS.

K. The Medical Director, BOP, or his/her designee, shallhave access to the Official Personnel Files maintainedby the Division of Commissioned Personnel, OSG, on allPHS Commissioned Officers assigned to BOP.

L. As part of the personnel and pay system, PHSadministers 'special and incentive pay pro<}rams for PHSComm:lssioned Officers. BOP reco~endations for speciAlpays for PHS Commissioned O'fficer~ assigned to BOPshall be processed in accordance with PHS policies andprocedures.

M. All requests for short-term training, as defined inCommissioned Corps Personnel Manual, Subchapter CC25.2,INSTRUCTION 1, -Extramural Traininq,· by PHSCommissioned Officer. assigned to BOP shall beprocessed and approved by BOP official. in accordancewith BOP procedures and delegations of authority.Active duty obligation. of PHS officers incurreQpur:luant to such traininq shall be determined inaccordance with the provisions of the Commi8sionedCorps Personnel Manual, Subchapter CC25.2,INSTRUCTION 2, -Active Duty Obligation. Subsequent toExtramural Training.- .

N. All reque.t. for lonq-term traininq, as defined inCommissioned Corps Personnel Manual, Subchapter CC2S.2,INSTRUCTION 1, wExtramural Training,· by PHSCommissioned Officer. assigned to BOP shall be reviewedby the Medical Director, BOP, who shall submit arecommendation of approval or denial of the trainingrequest to the Division of Commissioned Personnel, OSG.Tho traininq request will be processed and approved by

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the Division of Commissioned Personnel, OSG, inaccordance with procedures established in thatINSTRUCTION. Active duty obli9ations of PHS officersincurred pursuant to participation in long-termtraining shall be determined in accordance with theprovisions of the Commissioned Corps Personnel Manual,Subchapter CC2S.2, INSTRUCTION 2, "Active DutyObligations Subsequent to Extramural Training."

O. PHS Commissioned Officers assigned to BOP shall becovered by the Federal Tort Claims Act (28 U.S.C. 2671-2680, 1346(b) and by the malpractice provisions of thePHS Act (42 U.S.C. 233) with regard to suits or claimsof personal injury arising from their conduct whileacting within the scope of their office or employment.

P. PHS Commissioned Officers assigned to BOP remainsubject to the provisions of 18 U.S.C. 203, 205, 207,208, and 209 with respect their conduct and toprohibitions against conflicts ot interest.

Q. PHS Commissioned Officers a'ssigne~,to BOP have theright to file a grievance and lor EEO complaint underthe procedures of BOP. This righ~ il based upon thepolicy set forth in the Commissio~ed Corpi PersonnelManual, Subchapter CC26.1, INSTRUCTION 5, ~Grievances·,Section A.2.d. which provides that.

PHS Commissioned Officers who aredetailed to other Agenciel mUlt usethe grievance procedures of theAgency to which detailed . . ..

The riqht of PHS Commissioned Officers to seek 4 remedythrouqh the grievance or EEO complaint process extendsonly to a decision by the Agency Adminiltrator. ForPHS Commissioned Officers, the decision of the AqencyAdministrator will b. final, and the PHS Commi.sionedOfficers are not entitled to seek administrative reliefbeyond the Agency level.

R. PHS Commissioned Officers who are assigned to BOP mayonly file a complaint under the Commissioned CorpsPe~sonnel Manual, Subchapter eC2S.1, INSTRUCTION 6,"Equal Employment Opportunity, DiscriminationComplaints Processin9,· when the subject of thecomplaint is a matter under the control of PHS •

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S. All PHS Commissioned Officers have the right to applyto the PHS Board for Correction of PHS Records torequest a change in a record to correct an error orremove an injustice.

VI I. TER."I OF AGFtEEMENT

This Memorandum of Understanding is effective when signed.It may be modified by the mutual consent in writinq of theDirector, 80P, and the Surgeon General, or may be terminatedby either party upon 90 days written notification to the

r pa r t.y ,

E BUREAU OF PRISONSs

~Dateand Property

APPROVED FOR THE PUBLIC HEALTH SERVICE:

.~2~,d Q ~w .-R chard J. t,9rtinDirectorDivision of Commissioned PersonnelOffice of the Surgeon General .

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