Chapter 2, Section 8

Program Roles and Responsibilities

Responsibilities of the SEE Coordinator

The SEE Coordinator is the decision-making official within that funding office on all matters relating to the programmatic and financial aspects of the SEE cooperative agreement.
The SEE Coordinator's responsibilities include:
- to serve as the principal point of contact with the SEE Program Manager in the Office of Human Resources and Organizational Services (OHROS);
- to serve as the principal point of contact for the funding office with the SEE grantee;
- to process new funding or amendment packages for existing cooperative agreements;
- to be responsible for the overall programmatic and financial management of the SEE cooperative agreement;
- to sign/initial all commitment notices relating to the particular cooperative agreement as the official representing the funding office;
- to resolve all disagreements relating to the cooperative agreement between sub-offices within the funding organization and to forward, in writing, a summary of the disposition and the final determination to the SEE Program Manager;
- to do a quarterly reconciliation between office or regional records and the grantee's Quarterly Report;
- to ensure that a current roster of SEE monitors and alternates is developed and maintained. The roster should also include the current organizational mailing addresses, room numbers, e-mail addresses, FAX numbers and telephone numbers;
- to assist all SEE monitors, under their cooperative agreement, concerning their responsibilities and the procedures for administering them;
- to sign all paperwork to establish new positions or fill vacant positions, including the requisition and assignment description form before these forms are forwarded to the grantee representative for action and,
- to refer SEE monitor to grantee representative for unresolved enrollee problems/issues.
Responsibilities of the SEE Monitor
In the recruitment process for enrollees, the responsibilities of a SEE monitor are:
- to prepare a position description which includes information on medical monitoring and CBI security, and complete the position requisition form and the commitment notice;
- to screen eligible SEE candidates' resumes;
- to conduct at least three (exceptions may be approved by the grantee) "in-person" interviews per vacancy; and
- to recommend to the grantee, the candidates for selection within one month of receiving the resumes, if possible.
In directing the SEE enrollee, the monitor's responsibilities are:
- to oversee the enrollee's activities, providing task assignments, direction and positive and negative feedback on his/her performance and conduct;
  
  The SEE Manual makes clear that enrollees are not EPA employees, but rather are Program participants of the organization receiving a SEE cooperative agreement. Thus, as specified in this Manual, while EPA personnel may provide daily direction to enrollees, they may not, under any circumstance, supervise them. Direction essentially involves providing the enrollees with tasks to perform. It is distinguished from supervision - which includes hiring, disciplining and discharging employees.
- to ensure the use of protective clothing (safety glasses, coveralls, masks, etc.) if recommended by the Health and Safety Officer;
- to ensure that designated enrollees have been assigned to participate in the medical monitoring program (by the grantee). (see Health & Safety; Chapter 2 - 4);
- to recommend specialized training;
- to initially handle any minor (e.g., late to work; long lunches, etc.) conduct or performance problems with an enrollee.
  
  The monitor meets informally and confidentially with the enrollee to insure that the enrollee is aware of the problem/issue. The monitor and enrollee determine what action the enrollee will take to improve the situation. The monitor will keep notes of the meeting.
- to resolve a previously addressed but unresolved minor performance or conduct problems, and formalize the counseling process with the grantee representative;
  
  If there are no improvements or insufficient improvement of the minor problem/issue, the monitor will contact the grantee representative and immediately follow up with a letter which documents the informal meeting and specifically cites the problem (briefly), and requests a formal meeting of the grantee representative, the SEE enrollee and the monitor to resolve the issue(s).
  
  All major (e.g., frequent non-conformance with productivity standards; disruptive or threatening behavior; sexual harassment, etc.) performance and/or conduct issues should be brought to the attention of the grantee representative immediately. The grantee is responsible for all supervisory actions i.e., discipline, performance improvements required and/or discharge.
  
  Some situations may require an immediate intervention by a grantee representative and may result in suspension and/or discharge. A monitor may seek grantee representative permission to send an enrollee home (with pay) for the remainder of the day, with the understanding that the following day there would be a meeting of the grantee, enrollee and monitor to resolve the issue, or if appropriate the grantee may apply the removal steps.
- to recommend (as needed) to the grantee representative, the termination of a SEE enrollee, and;
- to ensure enrollees are fully informed regarding their CBI security responsibilities.
  
  It is the responsibility of each EPA Monitor to ensure that the SEE enrollees under his/her day-to-day direction, who require access to CBI:
  1. Are fully informed regarding their security responsibilities for CBI;
  2. Assist the Grantees in obtaining the Confidentiality Agreement for SEE enrollees;
  3. Obtain access only to that CBI which the EPA has authority to give to the enrollee, and which is required to perform his or her duties; and
  4. Adhere to those security procedures required by the individual monitor's office and applicable security manuals (e.g. RCRA, FIFRA, CAA security manuals).
In managing the SEE cooperative agreement, the monitor�s responsibilities are:
- to develop a position description which includes information on medical monitoring and CBI security;
- to submit expense notices to the SEE Coordinator for any special enrollee expense, e.g. training or travel;
- to verify, sign and retain (for three years) copies of enrollee time sheets;
- to submit time sheets to the SEE Coordinator or designee (if required), for retention; and
- to ensure funds are available for continued SEE participation.

SEE Enrollee Role

Areas to be covered include:

(1) inherently governmental functions;
(2) enrollee use of government vehicles;
(3) identification of enrollees;
(4) enrollee business cards;
(5) enrollee attendance at office functions;
(6) training and travel
(7) enrollee use of EPA fitness facilities and health units, and
(8) enrollee non-eligibility for EPA awards.

(1) Inherently Governmental Functions

SEE enrollees are not federal employees and thus cannot perform non delegable federal activities. Basically, this means that enrollees may not carry out inherently governmenta1 functions, which the Office of Federal Procurement Policy has defined in a policy statement as those responsibilities that are so intimately related to the public interest as to mandate performance by a government employee (57 Fed.Reg. 190, Sept. 30, 1992).

These functions generally fall into two categories: (1) the discretionary exercise of government authority committing the government to a course of action, and (2) monetary transactions and entitlements. (See Enrollee Cannot Do List, Fig. 2-3)

The following provides examples of activities enrollees cannot perform:
1. The direct conduct of Agency criminal investigations.
2. The control of prosecutions and performance of Agency adjudicatory functions (other than those relating to arbitration or other methods of alternative dispute resolution).
3. The determination of Agency policy, such as determining the content of regulations or how the Agency will apply regulations to particular cases.
4. The determination of Agency program priorities or budget requests.
5. The direction and control of Agency or contractor employees.
6. The selection or non selection of: individuals for Agency employment; contract employees or of other SEE enrollees.
7. The approval of position descriptions and performance standards for Agency employees, contract employees and/or SEE enrollees.
8. The determination of what Agency property is to be disposed of and on what terms.
9. In Agency prime contract, assistance agreement (grant or cooperative agreement), or interagency agreement (IAG) activities:
  
  (a) Determining which supplies or services are to be acquired or which agreements and IAG's are to be awarded,
  
  (b) Participating as a voting member on a contract or competitive assistance agreement source selection board,
  
  (c) Approval of any contractual, assistance agreement, or IAG documents (including documents defining requirements, incentive plans, and evaluation criteria),
  
  (d) Awarding contracts, assistance agreements or IAG
  
  (e) Administering contracts, assistance awards or IAG (including ordering changes in performance, quantities or work plan commitments, taking action based on evaluations of contractor, grantee, or agency performance, and accepting or rejecting products, services or outputs),
  
  (f) Terminating contracts, assistance agreements or IAG or imposing other sanctions; and
  
  (g) Determining whether costs incurred are eligible, necessary, reasonable, allocable, and allowable.
10. The approval of Agency responses to Freedom of Information Act requests (other than routine responses that, because of statute, regulation, or Agency policy, do not require the exercise of judgment in determining whether documents are to be released or withheld), and the approval of Agency responses to the administrative appeals of denials of Freedom of Information Act requests.
11. The approval of Agency licensing actions and inspections
12. The determination of Agency budget policy, guidance, and strategy.
13. The collection, control and disbursement of fees, royalties, duties, fines and other public funds, except for routine voucher and invoice examination, or where the amount to be collected is easily calculated or predetermined and readily controlled through standard cash management techniques.
14. The control of Agency accounts.
15. The administration of Agency trust funds.
16. The conduct of administrative hearings to determine a person's eligibility for a security clearance or involving actions bearing on matters of personal reputation or eligibility to participate in Agency programs.
17. Sign the timecards of Federal employees or other SEE enrollees.
  Further, as a matter of Agency policy, although the drafting of congressional testimony is not necessarily an inherently governmental function, enrollees may not perform such drafting. This prohibition is necessary to avoid the appearance of non federal influence over the preparation of sensitive documents prepared for Congress. In addition (consistent with guidance issued by the Office of Acquisition Management), while enrollees provide technical expertise to a contract or competitive assistance agreement Technical Evaluation Panel (TEP), they may not serve as members of a TEP or other source selection or evaluation board.
While enrollees cannot perform inherently governmental functions, they may provide a wide range of services to the Agency that do not involve the discretionary exercise of government authority or monetary transactions and entitlements. Such services include: gathering of information for, or providing advice, opinions, recommendations or ideas to, EPA officials.

The following are examples of activities that Enrollees can perform subject to appropriate oversight by the EPA:
1. Services that involve or relate to budget preparation, including workload modeling, fact finding, and efficiency studies etc.
2. Services that involve or relate to reorganization and planning activities.
3. Services that involve or relate to analyses, feasibility studies, and strategy options to be used by Agency personnel in developing policy.
4. Services that involve or relate to the development of regulations.
  
  Note: SEE enrollees may attend rule making workgroup meetings to present positions that have been specifically approved by their Office, and to record the workgroup discussions for their Office. SEE enrollees should not independently advocate positions based on their individual views, but may state the views of their Office, as specifically instructed by their Office. Enrollees should not vote or otherwise speak for their Office on final workgroup decisions.
5. Services in support of acquisition planning.
6. Services that provide technical evaluation of contract or assistance agreement proposals.
7. Services that provide assistance in grant, contract or IAG management (including making recommendations concerning the evaluation of contractors and assistance agreement or IAG recipients).
8. Services that involve assistance in the development of statements of work.
9. Services in support of answering Freedom of Information Act requests.
10. Services that provide information regarding Agency policies or regulations, such as attending conferences on behalf of the EPA, conducting community relations meetings, or conducting Agency training courses.
11. Serving as arbitrators or providing alternative methods of dispute resolution that do not bind the Agency to action or inaction.
12. Providing inspection services that are directed and monitored by EPA employees.
13. Prepare the timecards of Federal employees or other SEE enrollees (for signature by the appropriate Federal employee).
14. Enrollees are not federal employees, rather they are participants in a grant program. Unless their current position description includes SEPM support activities, an enrollee should not provide support for those activities, including attending committee meetings or planning sessions during work hours.
  
  Participation in SEPM sponsored events, and attendance in SEPM events during lunch hours and after hours is permissible, as well as during work hours, if approved by the enrollee�s monitor.
With some restrictions, enrollees may act as an EPA representative on Agency regulatory workgroups. An enrollee may attend work group meeting to present positions that have been approved by an appropriate EPA Official and to record the workgroup discussions for the Office. However, during workgroup meetings an enrollee should not affirmatively advocate, vote on, or otherwise make decisions on positions that have not been cleared in advance with the Office.

The lists provided above are not meant to be all inclusive. If you are considering having a SEE enrollee perform a particular activity and you are unclear whether it constitutes an inherently governmental function or is prohibited, contact Susan Street, the National Program Director for the SEE Program at 202-260-4331; or Pat Hirsch of the Office of General Counsel at 202-260-0351.

(2) Use of Government Vehicles

The Federal Property Management regulations authorize Federal employees and, under certain conditions, contractor employees to use Government motor vehicles (41 CFR � 101-38.3). However, the General Services Administration (GSA), in concert with the Office of Management and Budget found that the SEE Program enrollees are not authorized to use GSA's sources of supply or services. Therefore, enrollees must not operate Government vehicles; this includes any licensed GSA vehicle, including motor boats, aircraft, etc. However, non motorized vehicles such as canoes, dinghies or bicycles, etc. may be used.

Similarly, enrollees cannot operate vehicles rented by Federal employees for government business. GSA has negotiated a blanket rental agreement and rate with all of the major national rental car companies to provide services to the Federal government. Included in the negotiated rate is coverage of the collision waiver deductible. Agreements under these rates only include services for Federal employees on official business travel. A SEE enrollee driving a vehicle rented under the blanket agreement is not an authorized user under the agreement. However, grantees may enter into their own arrangements with rental companies to provide vehicles necessary for the conduct of an enrollee's work under the cooperative agreement. Reasonable costs for such arrangements are allowable. Federal employees may not drive or accept rides in vehicles rented under these arrangements by or for SEE enrollees.

(3) Identification as SEE Enrollees

To avoid the perception that SEE enrollees are federal employees, enrollees should clearly identify their special status as participants in the SEE Program when working with EPA personnel or interacting with third parties on behalf of the Agency. Such identification may be done orally or by badge and does not require the physical separation of enrollees from EPA staff.

All SEE Enrollees are reminded that under Government Regulations, specifically Section 912 of Title 18 in the "Crimes and Criminal Procedure Act":

"Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States, or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined not more than $1,000 or imprisoned not more than three years, or both."

(4) Enrollee Business Cards

Senior Environmental Employment Program Enrollees will be authorized to use business cards provided that the business card meets all of the guidelines stated in this document and that the SEE monitor agrees that the enrollee needs business cards in order to perform the tasks outlined in his/her current position description.

a) The business card layout should be:

The color of print:	Blue or Black
Type Style for Name:	Century Schoolbook 12 Point
Body Type Style:	Geneva

b) Beneath the Enrollee's Name and above the address data, the following statement must be included:

"Assisting the Environmental Protection Agency under a Cooperative Agreement with (insert the name of appropriate grantee, e.g. NCBA)"

c) No organizational logos are to be used.

d) The cost of printing business cards is an allowable cost under the cooperative agreement.

(5) Office Social Events

EPA offices may include SEE enrollees in office social events. As with Federal employees, participation is optional and enrollees should not be made to feel that attendance is required. Attendance at an office social event during work hours should be approved by the enrollee's monitor.

(6) Training/Travel

Training - Offices may provide training directly relevant to the enrollee's work responsibilities through the cooperative agreement. Generally, SEE enrollees are considered to be fully trained and experienced when enrolled and little or no training should be needed. However, technological change, new equipment, new or revised program requirements, etc., may require that enrollees rec.eive further training. If an enrollee needs training that incurs costs, the monitor should submit a memorandum to the grantee requesting training. (Training that would not directly incur cost can be arranged locally).

The memorandum must include:

name, level, and location of enrollee;
description, length, cost, and justification for the training; and
any other special circumstances that would help the grantee understand the basis of the request. (Normally, training courses range from a few days to one week. Courses that last more than a week must be fully justified.)

The grantee will inform the monitor of the approval/disapproval of the training request. All training costs are charged to the cooperative agreement that covers the enrollee.

Costs for training should be estimated whenever possible at the time the commitment notice is completed and should be included on the commitment notice.

Travel - If travel is necessary for the performance of the duties assigned to a SEE enrollee, the SEE monitor submits the travel request to the grantee organization. The grantee makes all travel arrangements and the costs of the travel are charged to the cooperative agreement. The enrollee must abide by the grantee's travel policies.

Costs for travel should be estimated whenever possible at the time the commitment notice is completed and should be included on the commitment notice.

(7) Use of EPA Fitness Facilities and Health Units

EPA fitness facilities operated with funds appropriated by Congress are specifically restricted to Federal employee use and, therefore, may not be used by enrollees.

As specified in this Manual, enrollees may use Agency health unit services only on an emergency basis.

(8) Non-Eligibility for EPA Awards

Because enrollees are not EPA employees, they are ineligible to receive EPA awards, including cash awards, medals, plaques, certificates or superior performance citations.

EPA may, however, give letters of appreciation to SEE enrollees. Monitors who wish to give such recognition should coordinate these with their SEE Coordinators and grantee. Monitors may also provide information on enrollees to the respective SEE grantee representative regarding any grantee organization's SEE enrollee recognition program.

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