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Instruction 300-3: Detail and Intergovernmental Personnel Act (IPA) Assignments

Issuance Date: July 22, 2013

Material Transmitted:

Department of Health and Human Services (HHS) Instruction 300-3, Detail and Intergovernmental Personnel Act (IPA) Assignments

Materials Superseded: This issuance supersedes the following policy documents:

The Special Assistant to the Secretary for International Affairs and the Office of Global Health Affairs Memorandum, Departmental Policy on Details and Transfers of HHS Personnel to International Organizations (process and length of detail), undated;

HHS Instruction 300-3, Detail of Employees, dated May 9, 2008;

HHS Instruction 112-1, Detail of Employees to the Legislative Branch or the Executive Office of the President, dated June 16, 2008; and

HHS Instruction 334-1, Temporary Assignment of Personnel under the Intergovernmental Personnel Act, dated March 28, 2008.

Background:

This Instruction consolidates the Department’s policies on the detail of employees (to include those to international organizations). It establishes that international/global health details will be processed under section 214 of the Public Health Service (PHS) Act (42 United States Code (U.S.C.) §215) with a maximum limitation of twelve consecutive years before a mandatory service period with the home organization is required. Details may be made to domestic or international locations. Additional instructions for details to international locations can be found in HHS Instruction 301-1.

Public Health Service agencies include the Agency for Healthcare Research and Quality, the Agency for Toxic Substances and Disease Registry, the Centers for Disease Control and Prevention, the Food and Drug Administration, the Health Resources and Services Administration, the Indian Health Service, the National Institutes of Health, the Office of Global Affairs, the Office of the Assistant Secretary for Health, the Office of the Assistant Secretary for Preparedness and Response, the Substance Abuse and Mental Health Services Administration, and the Federal Occupational Health Service. Accordingly, only employees of these organizations may be detailed under § 214 of the PHS Act when serving on global health (GH) details. It is consistent with this statutory authority to consider details to “state health or mental health authorities,” but not to local health agencies. These details may exceed the time limits and other restrictions applicable to details of employees appointed under Title 5 authorities.

E. J. Holland, Jr.

Assistant Secretary for Administration


This Instruction provides policies and processes for the following:

  • Details to the White House, Congress, Executive Office of the President (EOP), or other legislative organizations;
  • IPA assignments;
  • Detail of employees within and outside the Department to other Federal and non-Federal organizations; and
  • Detail of non-Federal employees to the Department.

In addition, it establishes the Department’s policies and standardized procedures for the detail of employees in the furtherance of global health (GH). For example, the Instruction covers details to international organizations, to state health or mental health authorities, to Congressional committees, to nonprofit educational research entities, or to other institutions engaged in health activities for special studies and information dissemination. It also includes detail assignments to overseas locations (see HHS Instruction 301-1 on Overseas Employment).

  1. 2 U.S.C. § 72a (f) (authority for details of executive branch personnel to committees of the Congress)
  2. 3 U.S.C. § 112 (law – requirements for details to specific offices under the Executive Office of the President)
  3. 5 U.S.C. § 3341 (law – details within executive agencies or military departments)
  4. 5 U.S.C. § 3343 – Details to international organizations
  5. 5 U.S.C. § 3344 – Details of Administrative Law Judges
  6. The Intergovernmental Personnel Act of 1970, 5 USC §§ 3371- 3374 and 3375 (examination, selection, and placement assignments to and from States)
  7. 5 U.S.C. § 7106(a)(2)(A) (law – Management Right to Assign)
  8. 18 U.S.C. § 203, 205, 208, 209, 602, 603, 606, 643, 654, 1905 and 1913 (law – prohibits certain kinds of activities)
  9. 31 U.S.C. § 1301 (law – appropriation restrictions on detail and assignment of employees)
  10. 31 U.S.C. § 1535 (law – “the Economy Act – reimbursable assignment of employees between executive branch departments and agencies”)
  11. 42 U.S.C. § 202 and Reorganization Plan of 1966 (law – general authority of Secretary to manage PHS employees, to include details within the Department)
  12. 42 U.S.C. § 215 (law – detail of Public Health Service personnel)
  13. Personnel Aspects of the Indian Self-Determination and Education Assistance Act, Public Law 93 – 638 Handbook (HHS, October 10, 2000)
  14. 5 CFR Part 6.5 (prohibition on assignment of excepted employees to competitive service positions)
  15. 5 CFR Part 300 Employment, Subpart C – Detail of Employees
  16. 5 CFR Part 317 – Senior Executive Service, Subpart I - Details
  17. 5 CFR Part 334 (Revised Intergovernmental Personnel Act, May 29, 1997)
  18. 21 Comptroller General decision, 954, April 27, 1942 (details to the Legislative Branch)
  19. 21 Comptroller General decision, 1055, May 26, 1942 (details to the Legislative Branch)
  20. 21 Comptroller General decision, B-211373, March 20, 1985 (non-reimbursable details)
  21. House Ethics Manual 2008 Edition, Appendices, Guidance on Intern, Volunteer, and Fellow Programs, Letter of June 29, 1990
  22. Senate Ethics Manual, Appendix A, Rule 41, Interpretative ruling no. 111, dated April 5, 1978
  23. HHS Human Capital Accountability System Policy, June 2, 2006
  24. HHS Instruction 301-1, Overseas Employment, November 3, 2010
  25. Delegation of Administrative and Human Resources Authorities dated Oct. 24, 2011
  26. 12 Op. Off. Legal Counsel 184 (details to Congressional committees), 1988
  1. Assignment. The temporary assignment of an individual to another organization/location where he/she continues to perform a specific task or set of duties/functions of his/her regular/permanent position.
  2. Detail. The temporary placement of an employee in another position, within or outside the agency, for a specified period of time. The expectation is that the employee will return to his/her official position of record upon expiration of the detail. While serving on a detail, the employee continues to receive pay and benefits associated with his/her permanent position.
  3. Employee. An individual appointed as a civilian under Title 5[i] of the U.S.C.
  4. Commissioned Corps Officer. A member of the Commissioned Corps of the Public Health Service (42 U.S.C., Chapter 6A).
  5. International Organization. Under 5 U.S.C. 3581 (3), an international organization is a “public international organization or an international-organization preparatory commission in which the Government of the United States (U.S.) participates.”
  6. Intergovernmental Personnel Act (IPA) Mobility Program. The assignment of an employee to a non-Federal organization by detail or leave without pay, or the detail or temporary appointment of a Non-Federal employee to an Operating Division (OPDIV) or Staff Division (STAFFDIV) (5 CFR Part 334).
  7. Non-reimbursable Detail. The temporary placement of an employee in a different position within his/her OPDIV or within another OPDIV, STAFFDIV, executive department or agency, state or mental health authority, international, non-profit educational, research or other institution (e.g., tribal and other U.S. government organizations) where the salary continues to be paid by the losing department or agency (see Legal Restriction on Augmenting Appropriations, section 300-3-60 and Exhibit A).
  8. Reimbursable Detail. The temporary placement of an employee in a different position within his/her OPDIV or STAFFDIV or within another OPDIV or STAFFDIV, executive department or agency, state or mental health authority, international, non- profit educational, research or other institution (e.g., tribal and other U.S. government organizations) for which the employee’s salary is payable on a reimbursable basis by the gaining division, department, agency, or organization to which the employee is detailed (see Exhibit B).
  9. Global Health Detail. The temporary placement of an employee in a different position to further goals, objectives, and principles of the HHS Global Health Strategy. Global health details will be made under 42 U.S.C. § 215 and may be made to state or mental health authorities, international, non-profit educational, research or other institutions (e.g., tribal and other U.S. government agencies or organizations engaged in health activities for special studies of scientific problems and for the dissemination of information relating to public health). Special considerations may apply during an emergency response (see Section 300-3-110 for details).
  10. Trainee. A trainee is an HHS employee assigned to a formal training program (e.g., Presidential Management Fellows). These programs vary in length and are sponsored by either the Department or the Office of Personnel Management (OPM).
  11. Formal Training Program. Formal training programs are designed to facilitate the appointment and development of a diverse, high-caliber pool of candidates to fill positions in a variety of occupations. Participants are required to compete against other candidates and are selected for a program with stated learning objectives. This involves a combination of formal and informal training activities, on-the-job training, and/or rotational assignments reflected in individual training plans.
  12. Special Purpose IPA. A special purpose IPA assignment is an assignment which continues an incumbent in an Indian Health Service (IHS) function at the time of an initial P.L. 93-638 takeover contract to perform the same duties at the same location with a Tribe/Tribal Organization.
  13. Unclassified Duties. A set of duties and responsibilities, which has not been analyzed, identified, and placed in a series and grade established by OPM under the general classification system.

Coverage. This policy is applicable to all employees as defined above.

  1. Exclusions. This guidance does not cover the detail of employees hired under Title 42 authorities, Officers of the Commissioned Corps, and employees of non-Federal organizations who are assigned to HHS OPDIVs or STAFFDIVs under contractual agreements.
  2. Exceptions. When provisions of a negotiated labor management agreement differ from the procedures in this policy, the agreement takes precedence for those employees covered by the negotiated labor management agreement.

HHS supports details and assignments of employees to other Federal and non-Federal organizations as a valuable tool for learning and exchanging information that is beneficial to both HHS and other organizations. The detail of HHS employees to organizations within and outside HHS serves to further the established goals and mission of the OPDIV, STAFFDIV, or HHS. OPDIVs and STAFFDIVs must also consider the importance of, and the official HHS interest in, the proposed detail.

All details must be approved by the OPDIV/STAFFDIV head and/or his/her designee. In addition, the Assistant Secretary for Administration (ASA) must approve details to the White House, the EOP, Congressional committees or other legislative organizations before the assignment can begin.

  1. Secretary responsibilities:
    1. The Secretary or his/her designee will grant final approval for GH detail requests that exceed the six-year limit because of unusual/exceptional circumstances and when the Office of Global Affairs (OGA) does not concur with the extension. The Secretary or his/her designee will grant final approval of extensions to allow an exception to the six year limit for the detail of an employee to a specific location or assignment where the continuance beyond the six year limit is in the interest of the Department and when OGA does not concur with the extension.
  2. ASA responsibilities:
    1. Consult with the Chief of Staff (COS) and other senior officials [i.e., Office of General Counsel (OGC), Assistant Secretary for Legislation (ASL), OGA] when considering details and extensions to and from the White House, EOP, Congressional committees or other legislative organizations.
    2. Grant final approval for details of employees to the White House, EOP, Congressional committees or other legislative organizations.
    3. Deputy Assistant Secretary for Human Resources (DASHR) responsibilities:
    4. Update and maintain this Instruction.
    5. Provide guidance for OPDIVs/STAFFDIVs to assure that all details meet legal and regulatory requirements.
    6. Review requests for details to the White House, EOP, Congressional committees, and other legislative organizations to ensure compliance with policy and coordinate ASA approval. This includes consulting with OGC, OGA, etc. when necessary. Maintain a log of employees on detail to the legislative branch and the White House.
    7. Ensure OPDIVs, STAFFDIVs, ASL, White House Liaison, and Human Resources (HR) officials receive copies of the ASA’s approval.
    8. Interpret the provisions of the IPA program.
    9. Approve IPA assignments to or from the immediate staffs of elected chief executives of state or local governments.
    10. Review and concur with OPDIV/STAFFDIV requests for a Federal employee to participate in the IPA program beyond the six-year maximum restriction during his or her Federal career and forward to OPM for approval.
  3. ASL responsibilities:
    1. Review and provide concurrence or non-concurrence on all initial details to the legislative branch.
    2. Grant final approval of detail extensions to the legislative branch for civilian employees.
    3. Interview prospective detailees.
    4. Concur with trainee rotational assignments to the legislative branch [for Presidential
    5. Management Fellows (PMFs), this includes signing the PMF rotational agreements].
    6. Notify the Committee Chairman by letter of detail approvals.
  4. OGA responsibilities:
    1. Review annual and mid-year OPDIV/STAFFDIV plans for GH details for HHS employees.
    2. Assist with negotiation of umbrella agreements with international organizations that will support the detailing of HHS employees.
    3. Approve all GH details or extensions that exceed the six-year limitation. The Secretary will make the final determination in cases where OGA does not concur with requests to exceed the six-year limitation.
  5. OGC responsibilities:
    1. Consult with OPDIVs and STAFFDIVs on ethical issues related to detail assignments.
    2. Review and concur/non-concur with details to Congressional committees.
  6. OPDIV/STAFFDIV responsibilities:
    1. General Responsibilities:
      1. Support details when possible. Identify details that are of mutual benefit to HHS and the organization. Review and approve details of employees. Details and assignments may be made to other Federal departments or agencies, Tribal and other U.S. government organizations, state health or mental health authorities, Congressional committees, and non-profit educational, research, or other institutions.
      2. Establish a written Memorandum of Understanding (MOU), Memorandum of Agreement (MOA), or Interagency Agreement (IAA) and position description/description of duties for the detail of an HHS employee. A copy of the executed agreement must be provided to the OPDIV Financial Management Office (FMO). When the detail is reimbursable, FMO will establish the billing under the agreement. As it pertains to funding and format, consult with the OPDIV FMO. The development of a position description/description of duties is also a requirement when detailing an employee of another Federal, State, Tribal or territorial, scientific and research institution, and domestic or international organization to HHS.
      3. Consult, as needed, with the servicing HR Specialist, the FMO, and the OGC when preparing agency agreements to detail an employee.
      4. Ensure the requirements of any established agreement MOU/MOA are satisfied (e.g., the agreement between HHS and the World Health Organization).
      5. Notify the servicing Human Resource Office (HRO) when a detail or extension occurs. The notification should include the following information: employee name, organization, organization detailed to, dates of detail, whether the detail is reimbursable or non-reimbursable, and the type of detail (e.g., IPA, White House, GH, Congressional). Also, provide notification to OGA when the detail is a GH detail. In addition, provide notification when the detail concludes.
      6. Prepare and submit a Request for Personnel Action (SF-52) along with the written agreement to the operating HRO to officially document the detail. The documentation must also include the appropriate classified position description or annotated unclassified duties to be performed. All documentation must be submitted and approved before the detail begins. Documentation should be prepared by the losing organization.
      7. Ensure each HHS employee detailed is counseled on conflict of interest issues by a Deputy Ethics Counselor prior to the assignment. Work with the employee to complete relocation/permanent change of duty station and travel arrangements when the assignment is in a foreign country or outside the local commuting area of the employee.
      8. OPDIVs/STAFFDIVs must submit annual and mid-year plans for GH details to OGA for informational purposes. Initial details or assignments and extensions in compliance with this policy are within the authority of the OPDIV /STAFFDIV and do not require additional approval. Any official negotiation with an international organization on umbrella agreements that would involve possible details of personnel should involve OGA in the discussions.
      9. Consult with the Department of State and international organizations to ensure the safety and security of the employee. This includes informing the U.S. Embassy of the individual’s presence in the country; of his/her dependents, and the duration of his/her stay. The requirement to assure the health, safety, and security of the employee and his/her family must be addressed.
      10. Ensure that the employee is briefed on all benefits, allowances, and entitlements associated with the detail.
      11. Ensure the employee has a position to return to after completion of a detail.
    2. Additional Responsibilities for White House/Legislative Details:
      1. Submit requests for details to the White House, EOP, Congressional committees or other legislative organizations to the DASHR for coordination of the ASA’s approval. The OPDIV/STAFFDIV must provide written concurrence along with a copy of the detail request and MOU/MOA.
      2. Ensure requests for extensions of details to the White House, EOP, Congressional committees or other legislative organizations are submitted to the DASHR for coordination at least 30 days prior to the end of the initial detail when possible.
      3. Contact the detailee, the organization to which assigned (e.g., Congressional committee or other legislative organization, EOP, the White House, OPDIV/STAFFDIV, or other Federal or non-Federal organization) 30 days prior to the end of the detail to confirm the detail will conclude as scheduled and the detailee will return to his/her permanent position.
      4. Inform the DASHR when a detail to the White House, EOP, Congressional committee or other legislative organization has concluded and the employee has returned to his/her organization.
    3. Additional Responsibilities for IPA assignments:
      1. Submit all necessary IPA documents to the servicing HRO for approval and processing. Agreements are not valid until all documentation is signed and approved.
      2. Submit requests for the certification of an organization not on the officially approved list of IPA-certified organizations to the servicing HRO for approval. Requests that are denied may be submitted to the DASHR for reconsideration.
      3. Submit documentation to request IPA assignments to or from the immediate staffs of elected chief executives of state or local governments, through the servicing HRO to the DASHR for approval.
      4. Submit documentation, through the servicing HRO to the DASHR to request an exception to the maximum six-year restriction for a Federal employee in the IPA program.
      5. Determine if a waiver of repayment of expenses is appropriate for failure to complete the obligated service agreement under an IPA assignment, and process the waiver of repayment for the above IPA expenses. Note: this does not apply to employees serving under Title 42 appointments because they are not eligible to participate in a Title 5 IPA.
      6. Provide required periodic written performance assessments via an additional exhibit as part of the package for IPA extensions. A modification or extension is required for any changes to terms and conditions of the original agreement. A performance plan or written assessment should be done, if applicable, for any detail assignment.
    4. Additional Responsibilities for GH details:
      1. Obtain advance approval as required for GH details. The home OPDIV/STAFFDIV must submit a copy of annual and mid-year plans for GH details to OGA. Initial assignments and extensions in compliance with this policy are within the authority of the OPDIV/STAFFDIV and do not require additional approval. Any official negotiation with an international organization on umbrella agreements that would involve possible details of personnel should involve OGA in the discussions.
      2. Consult with the Department of State and international organizations to ensure the safety and security of the employee. This includes informing the U.S. Embassy of the individual’s presence in the country, of his/her dependents, and the duration of his/her stay. The requirement to assure the health, safety, and security of the employee and his/her family must be addressed.
  7. OPDIV Operating HR Office responsibilities:
    1. Review detail justifications for compliance with this policy.
    2. File the SF-52 along with the justification, position description or statement of duties, and a copy of the MOU/MOA on the left (temporary) side in the employee’s electronic Official Personnel Folder (eOPF).
    3. Maintain a list of the employees on detail, who are serviced by the respective HRO, for reporting purposes to the ASA or COS when requested. Also, provide quarterly reports of all details to the DASHR. The list should be sorted by the type of detail (e.g., White House, GH, IPA, international organization, etc.).
    4. Counsel employees regarding benefits, allowances, entitlements, and if applicable, the impact the detail will have on pay and retirement.
    5. Approve IPA assignments and ensure compliance with Federal personnel regulations.
    6. Process all requisite personnel actions for IPA assignments for serviced organizations.
    7. Review and approve documents for certification and eligibility of non-profit organizations, then notify DASHR of the approval. Organizations that have been denied for certification may be reconsidered. Reconsideration requests will be forwarded to the DASHR for review.
    8. Review OPDIV requests for IPA appointments to or from the immediate staff of elected chief executives of state or local governments and forward to the DASHR.
    9. Review OPDIV requests for a Federal employee to participate in the IPA program beyond the six-year maximum restriction during his/her Federal career. Those determined valid must be forwarded to the DASHR for review and submission to OPM for approval.
    10. Maintain accurate listings of approved certifications and eligibility of non-profit organizations.
    11. Maintain records of certifications and agreements.

A Federal agency may use its appropriated funds only for purposes for which they were appropriated, 31 U.S.C. § 1301(a). In addition, an agency may not augment its appropriations from outside sources without specific statutory authority. Under these principles of appropriations law, absent express statutory authority, an agency may not detail its employees to another agency on a non-reimbursable basis. If the loaning agency is using its appropriated funds to pay the employee’s salary and expenses, and the work is unrelated to the loaning agency’s function, a non-reimbursable detail is unauthorized. This includes the detail of employees between OPDIVs with different appropriations. This is a violation of the purpose of 31 U.S.C. § 1301(a), and improperly augments the receiving agency’s appropriation by the amount paid by the loaning agency. There are three recognized exceptions to the prohibition on non-reimbursable details, as provided under Section 300-3-90.D.

  1. Policy
    1. The heads of Federal agencies are authorized to detail personnel to the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Staff, and the Office of Administration for temporary assistance to that office under 3 USC § 112. The statutory basis for details of executive branch employees to Congressional committees is 2 USC § 72a (f). Under this provision, details to offices of individual members of Congress are not allowed. In addition, Comptroller General decisions are used for guidance in making decisions about details to Congress (21 Comp. Gen. 954 and 1055).
    2. The authority to approve details to the White House, EOP, Congressional committees, and other legislative organizations is delegated to the ASA.
  • Note: A detail may not begin until approved. Approval will not be granted until all supporting documentation is submitted and the necessary background checks and/or other clearances are completed. If the organization cannot finalize clearances until the detail is approved, additional time should be built into the clearance process to ensure the detail begins as scheduled (see Exhibit C through F for sample requests and sample approvals).
  1. Procedures
    1. A detail to the legislative branch, the White House, or EOP may not begin until clearance procedures are completed. Approvals must be obtained prior to the start date of the detail. To obtain clearances and approvals for these types of details, the following actions should be taken:
    2. When detailing an employee to a Congressional committee or other legislative organization, the OPDIV/STAFFDIV must prepare a memorandum signed by the OPDIV/STAFFDIV head or his/her designee, addressed to the ASA and ASL requesting approval of the detail. The memorandum should identify the Congressional committee or other legislative organization where the employee will be detailed. The memorandum should explain the nature of the duties of the detail as they relate to accomplishment of HHS and/or the OPDIV/STAFFDIV objectives. The memorandum must clearly demonstrate that the detail will aid HHS in accomplishing an objective for which the OPDIV/STAFFDIV appropriation was made. A copy of the negotiated MOU/MOA must be included.
    3. When detailing an employee to the White House or EOP, an OPDIV/STAFFDIV must prepare a memorandum, signed by the head of the OPDIV/STAFFDIV or his/her designee, to the ASA requesting approval. The memorandum must specify the proposed duration of the detail and whether it is reimbursable or non-reimbursable. A copy of the negotiated MOU/MOA must be included.
    4. The OPDIV/STAFFDIV must also submit a copy of the letter from the Congressional committee or other legislative organization, the White House, or EOP asking for the services of the employee.
    5. Requests requiring ASA approval must be submitted to the DASHR’s office for coordination. The DASHR will obtain concurrence from the COS and the ASL for Congressional requests before submitting to the ASA for approval.
    6. Include a statement that the employee has consulted with a Deputy Ethics Counselor on Conflict of Interest issues.
    7. Initial details are limited to six months (i.e., 180 calendar days) with one six-month extension. For details to Congressional committees, the total length of the detail may not exceed the end of a Congress. If the proposed detail will exceed 180 days and the Congressional committee or other legislative organization, or the White House has indicated that they will reimburse the OPDIV/STAFFDIV for the employee’s service in excess of 180 days, the OPDIV/STAFFDIV should include a statement to that effect in the request for extension of the detail.
  2. Details to certain White House organizations (i.e., the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Staff, and the Office of Administration) that exceed 180 days must be reimbursed in accordance with 3 USC § 112. Details may be made to White House organizations that are not subject to 3 USC § 112 without any (or with only partial) reimbursement when the work involves matters similar or related to those of HHS or the OPDIV/STAFFDIV; directly impacts HHS or the OPDIV/STAFFDIV, and will further the purpose for which HHS or the OPDIV/STAFFDIV appropriations were made. These details may only be authorized when the services of current employees can be provided without hindering the work of the OPDIV/STAFFDIV.
    1. When approved by the ASA, an SF-52 will be generated by the OPDIV/STAFFDIV and forwarded to the servicing HRO to document the detail in the employee’s eOPF. Documentation must include a copy of the MOU/MOA and a description of duties.
    2. The same procedures should be followed when extending a detail to the legislative branch or the White House; however, detail extensions to the legislative branch require ASL approval only. Extensions of all details to White House organizations (excluding the legislative branch) must be approved by the ASA. Extensions of details to the legislative branch should be prepared per number 1 above, but only addressed to the ASL. Requests for extensions must be received by the DASHR or the ASL at least 30 days prior to the end of the initial detail.
    3. All applicable OPDIVs, STAFFDIVs, and HROs will be notified when all clearances and approvals have been obtained and the date (if later than that requested) on which the detail will begin.
  3. Employees in Formal Training Programs
    1. Employees who are candidates for formal fellowship programs affiliated with a recognized academic institution or professional organization, including legislative fellows, Presidential Management Fellows (PMF), and other HHS formal training program participants, may serve on details to the legislative branch or the White House as part of their rotational assignments. These requests must be forwarded through the appropriate OPDIV/STAFFDIV training program coordinator(s) for review. When the employee is a PMF or Pathways participant, the OPDIV/STAFFDIV training program coordinator will forward the request to the Department’s PMF or Pathways coordinator for review. For rotational assignments to the legislative branch, the request must be forwarded through the ASL for approval. If the detail assignment is deemed appropriate, the Department’s coordinator will forward the request for ASA approval.
    2. Rotational assignments to Congressional committees, other legislative organizations, or the White House are limited to 120 days, with one extension allowable up to an additional 60 days.
    3. Rotational assignments outside the U.S. and its territories, whether to an HHS organization or other organization, are prohibited for trainees.
  1. Details of non-Senior Executive Service (SES) employees to non-SES positions are covered by local merit promotion plans and/or bargaining agreements. Details must be documented if they exceed 30 days. Please refer to your local plans and agreements for specific policy guidelines.
  2. Non-SES employees may be detailed to SES positions with the following provisions: only a career SES employee or career-type non-SES employee may be detailed to a career reserved position, and any SES employees or non-SES employees may be detailed to a general position. Details of non-SES employees to SES positions and details of SES employees to non-SES positions should be kept to an absolute minimum.
  3. An Executive Resources Board (ERB)-approved SES Candidate Development Program (CDP) participant may be detailed to an SES position for developmental experience subject to the provisions of the SES CDP.
  4. Details must be made in no more than 120-day increments.
  5. In situations where an SES position may be vacant for an extended period, it is preferable for organizations to detail qualified employees on a rotating basis in 120-day increments. Doing so will help avoid the appearance of giving an individual an unfair advantage in the event that the SES vacancy is later announced.
  6. Details to SES positions are permitted for longer than 240 days. However, competitive service merit promotion procedures must be observed when detailing non-SES employees to an SES position for more than 240 days unless the employee is eligible for a noncompetitive career SES appointment.
  7. Details of SES employees to non-SES positions below the SES level are generally considered an inappropriate use of executive talent. It is not appropriate to detail an SES member to a series of different positions with unclassified duties or at the GS-15 or equivalent level in order to “restart” the 240-day clock.
  8. Details to SES positions during the 120-day moratorium following the appointment of the agency head or a non-career supervisor. If a career appointee is detailed during a moratorium or is already on a detail at the start of a moratorium, the first 60 days of the detail (or any combination of details) do not count against the 120 days.
  9. Details of Schedule C employees to competitive service positions must be approved by OPM.
  10. The detail of administrative law judges (ALJs) is allowable. An agency, which occasionally or temporarily is insufficiently staffed with ALJs, may use those selected by OPM from and with the consent of other agencies.
  1. The decision to detail an HHS employee to another Federal department or agency must be based on the ability of the employee’s office to spare his/her services without detriment to its work and must be in furtherance of the work of the employee’s office.
  2. Details to and from other executive departments or agencies can occur and may be approved by the OPDIV/STAFFDIV head or his/her designee when they have a direct programmatic relationship to the mission of the OPDIV/STAFFDIV and are not expected to exceed 180 days. Details may be approved that exceed 180 days; however, they should only occur in extraordinary circumstances. Details in support of GH issues may exceed the normal time limits.
  3. OPDIVs and STAFFDIVs are authorized to enter into written agreements in which one or more employees may perform services for another agency for which reimbursement is made (see exceptions specified in section 300-3-90.D below).
  4. Details between departments or agencies will be reimbursable except in the following circumstances:
    1. The detail involves a matter related to the loaning agency’s appropriation and will aid in accomplishing the purpose for which the loaning agency’s appropriations are provided; or
    2. Statutory authority permits a non-reimbursable detail and it is determined that a non-reimbursable detail furthers the loaning agency’s program objectives.

Details to other executive departments or agencies, state health or mental health authorities, international, non-profit educational, research, or other institutions (e.g., Tribal and other U.S. government organizations) in support of the Department’s GH strategy will be authorized when the work involves GH activities. Such details must be authorized under § 214 of the Public Health Service Act (42 U.S.C. § 215) for employees of Public Health Service organizations (PHS) (Agency for Health Care Research and Quality, Office of the Assistant Secretary for Preparedness and Response, Agency for Toxic Substances and Disease Registry, Centers for Disease Control and Prevention, Food and Drug Administration, Federal Occupational Health Service, Health Resources and Services Administration, Indian Health Service, National Institutes of Health, Office of the Assistant Secretary for Health, Office of Global Affairs, and Substance Abuse and Mental Health Services Administration). All PHS GH details must be authorized under § 214 of the Public Health Service Act (42 U.S.C. § 215). All other details to international organizations must be authorized under Title 5 authority and must conform to Title 5 requirements.

  1. Length of GH Details
    1. An initial GH detail may be approved for up to two years and may be extended in increments of two years or less, for a total of six years at one organization, post, and/or country. Note: details of less than two years to locations outside the continental United States (OCONUS) may impact employee benefits (e.g., locality pay, retirement annuity).
    2. An individual may serve on subsequent details for up to an additional six years. He/she is permitted to move from one detail to another (i.e., different position, different organization or agency, different country); however, he/she cannot exceed the twelve consecutive year maximum limitation established by the Department for GH details.
    3. An employee may have more than one detail assignment in sequence; however, he/she must spend a minimum of one year in his/her home organization after he/she has reached the twelve-year limitation for multiple details before starting another detail. A waiver/exception to this policy requirement can be requested in emergency situations from OGA and/or the Secretary by the head of the OPDIV/STAFFDIV.
    4. The initial detail may extend beyond the normal six-year limit under exceptional circumstances; however, such extensions require approval from the OGA. When the OGA does not concur with an extension beyond the normal six-year limit, the Secretary or his/her designee will make the final determination.
    5. Exceptions to the twelve consecutive year limit may only be granted under exceptional circumstances. However, such extensions require approval from OGA. When the OGA does not concur with an extension beyond the normal twelve-year limit, the Secretary or his/her designee will make the final determination.
  2. Detail of non-PHS employees to International Organizations
    1. A Federal agency may detail or transfer an employee to any organization the Department of State has designated as an international organization. For a current list of international organizations, please see the Department of State, Bureau of International Organizations web page: http://www.state.gov/p/io/.
    2. The detail of a non-PHS employee to an international organization may be approved for up to two years and may be extended for up to an additional three years, for a total of five years. Under special circumstances, when the President determines it is in the national interest, the detail may be extended for up to an additional three years, for a total of eight years.
  3. Other Issues or Matters
    1. Particular attention should be given to details when an employee is nearing retirement. The employee should consult with his/her servicing HRO to review the potential impact on retirement and benefits.
    2. Employees interested in working at international organizations in senior managerial positions must consult with OGC regarding any legal restrictions and must pursue transfers (see HHS Instruction 352-1 for rules on transfers).

These limitations on details to international organizations apply regardless of whether the location of the international organization is in the U.S., a U.S. territory, or a foreign country.

The Secretary is authorized to develop and take necessary actions to control infectious disease outbreaks and to respond to other public health and medical emergencies. The Secretary’s authority includes staff details, assignments, and any other emergency deployments of HHS employees in support of public health emergency response activities. The procedures for routine administrative processing described in this document may not apply to details of personnel during such emergencies and are at the direction of the Secretary or his/her designee. In cases of emergency response, the rules contained herein regarding details (length of tours and approval processes) may be waivedto ensure the Secretary has the flexibility of (a) keeping someone in place where they are sorely needed rather than forcing them to conclude a detail and return to their home agency; and (b) expediting the approval process for either routine or exception cases.

Assignments/deployments under the Civilian Response Corps (CRC) do not fall under the rules of this instruction. For information on the CRC and how to handle other public health emergency response activities when HHS or OPDIV Emergency Operations Centers are activated refer to: http://www.phe.gov and http://www.globalhealth.gov/global-programs-and-initiatives/emergency-response/#emergency-preparedness-links

  1. Nature of Assignments. IPA assignments may be by detail, excepted appointment, or leave without pay (LWOP). Federal employees, by consent, may be assigned to a non-Federal organization either on a detail or in LWOP status. Non-Federal employees may be assigned to a Federal organization on a temporary excepted appointment or on a detail.
    1. Federal Employee IPA Assignments
      1. A Federal employee on a detail or LWOP IPA assignment remains an employee of the OPDIV/STAFFDIV and retains the rights and benefits attached to that status.
      2. A Federal employee may serve on an IPA assignment for up to two years. The assignment may be extended for up to an additional two years.
      3. A Federal employee may not participate in the IPA program for more than a total of six years during his or her Federal career. OPM may waive this restriction upon the written request of the DASHR.
      4. An OPDIV/STAFFDIV cannot send or receive an employee on an assignment if the employee has participated in the IPA program for four continuous years without at least a twelve-month return to duty with the home organization, with the exception of assignments to Indian tribes or tribal organizations. Consecutive assignments without a break of a minimum of 60 days are considered continuous service in an assignment.
      5. Regulations require that a Federal employee must agree, as a condition of accepting a mobility assignment, to return to the Federal government and to serve for a period of time equal to the length of the assignment. If the employee fails to carry out this agreement, he/she must reimburse the Federal agency for its share of the costs of the assignment (exclusive of salary and benefits). Federal agency officials may waive this reimbursement with sufficient reason.
      6. Indian Health Service (IHS) Only. In the case of an assignment to an Indian tribe or tribal organization, the OPDIV/STAFFDIV may make an assignment and indefinitely extend it in up to two year increments when the assignment will continue to benefit both the Federal agency and the Indian tribe or tribal organization. Refer to the IHS “Personnel Aspects of the Indian Self-Determination and Education Assistance Act Handbook” for information on Special Purpose IPA agreements under P.L. 93-638.
    2. Non-Federal Employee IPA Assignments
      1. Detail
      2. Non-Federal employees detailed to OPDIVs/STAFFDIVs remain employees of the outside organization. Non-Federal employees must have at least 90 days in a permanent/career position with a State or local government, college or university, Indian tribal government, or other eligible organization (e.g., a non-profit as certified by the Federal government).
      3. They are not eligible to enroll in Federal health benefits programs, group life insurance, or the Federal retirement system.
      4. They are not employees of the OPDIVs/STAFFDIVs and may not serve in a line management position, e.g., positions with delegated authority to implement or administer grants, contracts, policies, or human resource issues.
      5. They may serve in an advisory or consultative capacity, or in a staff assignment.
      6. They may provide day-to-day oversight of employee activities, but may not serve as an official supervisor. The exercise of official supervisory authorities over employees is reserved to designated employees of the Department.
      7. They are bound by Standards of Ethical Conduct for Employees of the Executive Branch; ethics provisions in the Procurement Integrity Act; Hatch Act and implementing Political Activities Regulation; and the HHS Supplemental Ethics Regulations, all of which prohibit engagement in activities that constitute a conflict of interest, e.g., grant participants and IPA assignees.
      8. Health and Human Services (HHS) Travel Requirement benefits can be extended to IPA participants provided that they adhere to the regulations in the HHS Travel Policy found at http://www.hhs.gov/travel/policies/index.html
    3. Temporary Excepted Appointment
      1. Non-Federal employees who receive IPA excepted appointments are considered temporary Federal employees. They are eligible for within-grade increases if they are on appointments for more than one year. They are entitled to locality pay and other pay differentials and earn leave in the same manner as other Federal employees.
      2. Non-Federal employees appointed in the excepted service are not eligible to enroll in the Federal Employees Health Benefits program unless their Federal appointment results in the loss of coverage under the non-Federal health benefits system.
      3. Non-Federal employees appointed in the excepted service as temporary employees may be assigned to line management positions.
  2. Benefits and Cost Analyses
    1. Cost sharing arrangements are negotiated between the OPDIV/STAFFDIV and the non-Federal organization. The OPDIV/STAFFDIV may agree to pay all, some, or none of the costs. However, based on past practices and precedent setting arrangements by HHS OPDIVs/STAFFDIVs, indirect or administrative cost reimbursement is prohibited in HHS IPA agreements. Other prohibited costs include reimbursement or payment for employer contributions, tuition credits, family member benefits, office space, staff support, furnishings, and computer time. The larger share of the costs should be absorbed by the organization that benefits most from the assignment. When the Federal share of the cost is in excess of the benefits, a rationale must be fully documented and become part of the official file. Costs may include employee pay, fringe benefits (except as previously noted), relocation costs, and travel and per diem expenses.
    2. Detail. Pay continues from the outside organization at the non-Federal job rate. The OPDIV/STAFFDIV may reimburse the outside organization for salary commensurate with the duties of the position or Federal work activity. Maximum payable salary is the GS-15, step 1 (step 10 if superior qualifications are documented and approved). The non-Federal organization must pay any difference in salary above that level.
    3. Temporary Excepted Appointment. Pay is normally set at the minimum rate (step 1) of the grade of the position. The OPDIV/STAFFDIV may pay an advanced step rate for a position at GS-11 through GS-15 (if superior qualifications are documented and approved).
  3. Travel, Relocation, and Per Diem
    1. A Federal agency may pay the travel expenses authorized under the Federal Travel Regulations (41 CFR § 301-304). To facilitate transportation and related travel expenses, an OPDIV/STAFFDIV may elect to pay per diem allowances or relocation expenses (excluding real estate transactions), but may not pay both.
    2. The agreement should state clearly that when an employee is paid allowable travel, relocation, or per diem expenses, he/she must complete the entire period of the assignment or one year, whichever is shorter, or otherwise reimburse the OPDIV/STAFFDIV for those expenses.
    3. To conduct official activities associated with the IPA agreement, away from the assigned duty station, travel and per diem related costs may be approved, provided the destination is not back to the employment origin site. Estimates of these amounts may be identified in the IPA agreement.
  4. Termination of Assignment
    1. An assignment may be terminated at any time at the option of the Federal organization, the non-Federal organization, or the assignee. A written 30-daynotice, which includes the reason(s) for the termination, must be given to all parties involved before the agreement completion date.
    2. An IPA assignment must be terminated immediately when the assignee is no longer employed by his/her original employer, regardless of whether the assignment is a detail or an appointment.
    3. When developing an assignment that involves the movement of a non-Federal employee to an OPDIV/STAFFDIV, the agreement should specify that, at the end of the assignment, the employee would be expected to return to his/her non-Federal employer to the same or comparable position.
  5. Certification of Eligibility of “Other” Organizations
    1. In accordance with 5 CFR § 334.103, Federal agencies may certify non-Federal organizations as eligible to participate as an "other organization." Certification decisions must be obtained prior to entering into an IPA agreement. An organization certified after May 29, 1997, has permanent eligibility and may participate in the IPA Mobility Program within any Federal agency. OPM certifications issued prior to May 29, 1997 are void.
    2. The servicing HRO is responsible for final review and approval of certification of eligibility requests of non-profit organizations. OPDIVs/STAFFDIVs are responsible for obtaining and reviewing all required documentation of “other organizations” interested in participating in an IPA assignment. The review process must ensure certified organizations are official, non-profit, incorporated businesses with the requisite OPM documentation (see section D below). Organizations must demonstrate that their principle purpose is to offer professional advisory, research, educational, or developmental services to governments or universities. OPDIVs/STAFFDIVs will submit all certification documents, along with required IPA documents, to their servicing HRO for review and approval.
    3. Organizations may request reconsideration of a decision denying certification to participate in the IPA Mobility Program by directing a written request for reconsideration to the DASHR.
    4. Documentation
      1. Documentation for certification of eligibility for non-profit organizations. Evidence of eligibility includes the following:
      2. Articles of Incorporation;
      3. Bylaws;
      4. Internal Revenue Service non-profit statement; and
      5. Any other information describing the organization’s activities as they relate to professional advisory, research, educational, or development services or similar services to governments or universities; or
      6. A copy of a previously issued Certification of Eligibility signed and dated by an authorized official of the certifying Federal agency.
      7. Complete and sign the IPA Assignment Agreement form available at: http://www.gsa.gov/portal/forms/download/115418
    5. Federal employees only are to complete the Request for Personnel Action (Standard Form 52), authorizing the action for IPA excepted appointments, details, or LWOP assignments.
  6. Recordkeeping
    1. Approved Certifications of Eligibility. The servicing HRO will notify the DASHR of current and newly approved organizations certified as eligible to participate in the IPA program. The DASHR will post a consolidated list of HHS approved non-profit organizations to the HHS Intranet.
    2. Records of IPA agreements, extensions, and other related documents must be maintained in the office of the servicing HRO for three years from the end of each detail or appointment.
  1. Regardless of whether a detail is reimbursable or non-reimbursable, the employee continues to occupy his/her permanent position in the Full-Time Equivalent/Work Year Civilian Employment Report (SF-113g) of the losing OPDIV/STAFFDIV for budgetary reasons.
  2. Operating HROs must maintain records on all incoming and outgoing details. For HHS employees, an SF-52 documenting the detail must be filed in the employee’s eOPF. Additionally, a list of employees serving on detail by OPDIV/STAFFDIV, along with the detail type, will be maintained for reporting purposes. The following information must be maintained for each detail:
    1. Name of detailee;
    2. Organization from which detailed;
    3. Organization to which detailed;
    4. Period of detail;
    5. Whether the detail is reimbursable or non-reimbursable;
    6. Duties to be performed during the detail; and
    7. The name of the individual who will be responsible for providing time and attendance
    8. information to the detailee’s supervisor of record.
  3. OPDIVs/STAFFDIVs must submit a SF-52 and supporting information to their servicing HRO to document any detail extension at least 30 calendar days prior to the expiration or as soon as they are notified of the need for an extension. Additionally, a list of employees serving on details will be maintained by detail type to facilitate quarterly reporting and any other special reporting requirements.
  4. Each OPDIV/STAFFDIV Deputy Ethics Officer shall ensure that the designation of any current employee to serve on an acting basis in a position requiring the filing of an SF-278, Public Financial Disclosure Report, where such service is expected to exceed fourteen days shall be immediately reported to the OGC, Ethics Division. OGC will verify whether the added responsibilities would pose a conflict with the employee’s assets, income sources, and affiliations. For temporary acting service of 14 days or less, the official designating the employee to serve in an acting capacity shall obtain a copy of the employee’s SF-278 or the OGE-450 confidential form, if applicable. A review of the employee’s financial holdings and any outside affiliations with the employee will be conducted to ensure that there is no financial conflicts of interest with the duties of the acting position. Any questions concerning possible financial conflicts of interest should be referred to the OGC, Ethics Division.

INTERAGENCY AGREEMENT FOR NON-REIMBURSABLE DETAIL ASSIGNMENT BETWEEN U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) AND THE U.S. DEPARTMENT OF STATE (DOS)

  1. PURPOSE
    1. This Memorandum of Agreement (MOA) sets forth the agreement between the DOS and the HHS regarding the non-reimbursable detail of James Harris.  The employee will be detailed to the Iraq Reconstruction Management Office (IRMO). 
    2. For the duration of the detail, the employee will be duty stationed in a temporary duty (TDY) capacity at the U.S. Mission to Iraq.  At the conclusion of this detail, the employee will return to HHS.
  2. BACKGROUND AND AUTHORITIES
    1. The IRMO is a temporary organization within the State Department whose purpose is to assist with transition in Iraq.
    2. Under 5 U.S.C. 3161 (c), temporary organizations may receive non-reimbursable details for the purpose of carrying out their duties.
    3. The authorities for this detail are National Security Presidential Directive (NSPD) 36, (May 11, 2004)) and 5 U.S.C. 3161.
    4. In NSPD #36, the President directed the heads of U.S. departments and agencies to provide details on a non-reimbursable basis to accomplish U.S. activities in Iraq.
  3. SCOPE OF THE WORK

    During the detail, Mr. Harris will report to the designated IRMO section chief or the Deputy Director of IRMO, as applicable.  The supervisor shall be responsible for developing his work requirements and for rating his performance in accordance with the applicable HHS policies.  The Deputy Director or Director of IRMO will review Mr. Harris’ performance, and HHS may also review and comment on both the work requirements and performance review, which will be sent to HHS for inclusion in his official personnel folder.
  4. DURATION OF AGREEMENT

    This agreement will become effective when signed by all parties and will last for six months.  This MOA may be extended by written agreement of both parties to the period of extension, but will not exceed one year.  Either party may terminate this agreement by providing 30 days written notice to the other party. This agreement is subject to the availability of funds.
  5. RESPONSIBLE OFFICERS

    The contact for HHS is:

    Joe Edwards, II, Senior Program Analyst
    Department of Health and Human Services, Office of the Secretary
    200 Independence Avenue, S.W.
    Washington, DC  20201
    Phone:  (202) 690-XXXX; Fax: (202) 690-XXX; Email: Joe.Edwards@hhs.gov

    The contact for DOS is:

    John Ellis, III, Program Analyst
    Department of State
    One Penn Center
    2601 North 3rd Street
    Harrisburg, PA  17110
    Phone:  (717) 717-XXXX; Fax: (717) 783-XXXX; Email: John.Ellis@dos.gov

    The parties agree that if there is a change regarding the information in this section, the party making the change will notify the other party in writing of such change.
     

  6. FUNDS

    In FY 2013, it is not anticipated that there will be any cost allocation for this assignment.
     

  7. RESPONSIBILITIES OF THE PARTIES
    1. Time and Attendance for Mr. James Harris, Health Administrator, GS-601-15, and $121,621 will be maintained by the DOS and the HHS. Ms. Jane Daniels, the DOS timekeeper, will report Mr. Harris’ time and attendance to Ms. Emily Carter, the HHS timekeeper, telephone (202) 690-XXXX, fax (202) 690-XXXX or e-mail Emily.Carter@hhs.gov, on a biweekly basis and will advise HHS of the type and amount of leave used during that period.
    2. Upon request by the HHS, using the performance plan issued to Mr. Harris, the DOS will provide in writing a descriptive evaluation of Mr. Harris’ performance and submit it to the HHS no later than December 31 of the calendar year or earlier if the detail ends prior to that date.  If the employee is an SES member, the end of the rating period is September 30th.
    3. DOS agrees to perform the following additional responsibilities: provide technical and operational support to Mr. Harris for all DOS activities, office space, and administrative support to Mr. Harris while assigned to DOS.
  8. OTHER PROVISIONS
  9. Should disagreement arise on the interpretation of the provisions of this agreement, or amendments and/or revisions thereto, that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by each party and presented to the other party for consideration. If agreement on interpretation is not reached within thirty days, the parties shall forward the written presentation of the disagreement to respective higher officials for appropriate resolution.

    Under the Inspector General Act of 1978, as amended, 5 USC App. 3, a review of this agreement may be conducted at any time. The Inspector General of HHS or any of his or her duly authorized representatives, shall have access to any pertinent books, documents, papers, and records of the parties to this agreement, whether written, printed, recorded, produced, or reproduced by any mechanical, magnetic, or other process or medium, in order to make audits, inspections, excerpts, transcripts, or other examinations as authorized by law.

    Nothing herein is intended to conflict with current HHS or DOS directives. If the terms of this agreement are inconsistent with existing directives of either of the agencies entering into this agreement, then those portions of this agreement which are determined to be inconsistent shall be invalid; but the remaining terms and conditions not affected by the inconsistency shall remain in full force and effect.

    At the first opportunity for review of the agreement, all necessary changes will be accomplished by either an amendment to this agreement or by entering into a new agreement, whichever is deemed expedient to the interest of both parties.

    _____________________________                                                             

    Human Resources Director
    U.S. Department of Health and Human Services

    200 Independence Avenue, S.W.
    Washington, DC  20201

    _____________________________

    Human Resources Director
    Department of State
    One Penn Center
    2601 North 3rd Street
    Harrisburg, PA  17110

INTERAGENCY AGREEMENT FOR REIMBURSABLE DETAIL PURSUANT TO THE ECONOMY ACT THROUGH WHICH THE DEPARTMENT OF DEFENSE (DOD) IS PURCHASING BIOTERRORISM AND HEALTH PREPAREDNESS SERVICES FROM THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS)

  1. PARTIES

    This document constitutes an agreement between the HHS and DOD regarding the reimbursable detail of Dr. Tammy Lewis.
     
  2. BACKGROUND

    DOD has established a workgroup to address specific bioterrorism issues.

    This Memorandum of Understanding (MOU) establishes an agreement between DOD and HHS where DOD will reimburse HHS for the detail of Dr. Tammy Lewis, Biologist, GS-401-14, who will assist with biodefense, chemical countermeasures, radiological and nuclear countermeasures, international homeland security issues, standards, and social and behavioral sciences relevant to homeland security issues.

    Dr. Lewis has served as a member of the Homeland Security Council and has assisted with numerous policy decisions that impacts critical infrastructure protection.  Her expertise will greatly assist our efforts.
     
  3. AUTHORITY

    The authority for DOD and HHS to enter into this agreement is:  The Economy Act, 31 U.S.C. § 1535, which provides that an agency may place an order with a major organizational unit within the same agency or another agency for goods or services.
     
  4. ECONOMY ACT FINDINGS

    As set forth in the attached "Determinations and Findings Pursuant to 48 CFR 17.503," the DOD warrants that sufficient funding amounts are available, that this agreement is in the best interest of the United States Government, and that the services requested cannot be provided by contract as conveniently or cheaply by a commercial enterprise.
  5. RESPONSIBILITIES OF THE PARTIES

    Dr. Lewis will be detailed for six months beginning October 1, 2013 to be concluded April 1, 2014.  DOD will reimburse HHS all salary costs, travel and administrative costs associated with Dr. Lewis’ detail.

    Time and Attendance for Dr. Lewis, Biologist, GS-401-14, and $106,331 will be maintained by DOD, Office of the Administrator and the HHS. Ms. Jane Dunn the DOD timekeeper will report Dr.  Lewis’ time and attendance to Ms. Darlene Mayer, the HHS timekeeper, at (202) 690-XXXX, fax (202) 690-XXXX on a biweekly basis, and will advise the HHS of the type and amount of any leave used during that period.  

    Upon request by HHS, using the performance plan issued to Dr. Lewis, the DOD will provide in writing a descriptive evaluation of Dr. Lewis’ performance and submit to HHS no later than May 31, 2013.

    DOD agrees to perform the following additional responsibilities: provide technical and operational support to Dr. Lewis’ for all DOD activities, office space, and administrative support to Dr. Lewis while assigned to DOD.
     

  6. TRANSFER OF FUNDS

    HHS will be reimbursed on a quarterly basis up to the amount of $32,000.00. 

    The appropriation out of which DOD will pay for these services is: 96820DRM08.  These funds expire on September 30, 2013.  
     

  7. CONTACTS

    The contact for HHS is:

    Kelly Smith, SR Human Resources Specialist
    Department of Health and Human Services, Office of the Secretary

    200 Independence Avenue, S.W., Room 300
    Washington, DC  20201
    Phone:  (202) 690-XXXX; Fax: (202) 690-XXXX; Email: Kelly.Smith@hhs.gov

    The contact for DOD is:

    William Hart, Program Analyst
    Department of Defense, Office of the Administrator
    111 Pennsylvania Avenue, N.W.
    Washington, DC  20201

    Phone:  (202) 690-XXXX; Fax: (202) 690-XXXX; Email: William.Hart@dod.mil

    The parties agree that if there is a change regarding the information in this section, the party making the change will notify the other party in writing of such change.
     

  8. DURATION OF AGREEMENT, AMENDMENTS AND MODIFICATIONS

    This agreement will become effective when signed by all parties. The agreement will terminate on April 30, 2013, but may be amended at any time by mutual consent of the parties.
     
  9. RESOLUTION OF DISAGREEMENTS

    Nothing herein is intended to conflict with current HHS or DOD directives. If the terms of this agreement are inconsistent with existing directives of either of the agencies entering into this agreement, then those portions of this agreement which are determined to be inconsistent shall be invalid, but the remaining terms and conditions not affected by the inconsistency shall remain in full force and effect. At the first opportunity for review of the agreement, all necessary changes will be accomplished either by an amendment to this agreement or by entering into a new agreement, whichever is deemed expedient to the interest of both parties.

    Should disagreement arise on the interpretation of the provisions of this agreement, or amendments and/or revisions thereto, that cannot be resolved at the operating level, the area(s) of disagreement shall be stated in writing by each party and presented to the other party for consideration. If agreement on interpretation is not reached within thirty days, the parties shall forward the written presentation of the disagreement to respective higher officials for appropriate resolution.
    _______________________________

    Human Resources Director
    U.S. Department of Health and Human Services

    200 Independence Avenue, S.W.
    Washington, DC  20201

    ________________________________

    Human Resources Director
    Department of Defense  
    111 Pennsylvania Avenue, N.W., Suite 200
    Washington, DC  20201

     
  10. DETERMINATIONS AND FINDINGS PURSUANT TO 48 CFR 17.503

    DOD warrants:

    __X__ that sufficient funding amounts are available;

    __X__ that this agreement is in the best interest of the United States Government; and

    __X__ that the services requested cannot be provided by contract as conveniently or with less expense by a commercial enterprise.
     

    It has been determined that this Economy Act orders:

    __X__ does not require contracting action by the servicing agency;

    _______________________
    Andrew Edward
    Contracting Officer
    Department of Defense

The Honorable Department of Health and Human Services (HHS) Secretary (or other Senior Official)

(Name)
U.S. Department of Health and Human Services
200 Independence Avenue S.W.
Washington, DC  20201

Dear Secretary (Name),

I am writing to request that the Department of Health and Human Services detail Dr. John Manford, Ph.D., 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. Manford’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. Manford will assist in 1) developing the award criteria; 2) disseminating the award instructions to the directors of Federal agencies; 3) processing 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 detail to the Committee, please do not hesitate to contact Ms. Jane Smiles of my Aging Committee staff at (202) 555-5555. 

Sincerely,

John Senate
Chairman

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 Dr. John Manford, 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, 2013 through December 8, 2013.  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, 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. Manford will assist in 1) developing the award criteria; 2) disseminating award instructions to the directors of  Federal agencies; 3) processing applications and overseeing the review process; 4) organizing a local event to announce award winners; and 5) writing/compiling a Committee report that highlights the Federal government’s important contributions to aging research.

If an extension is required or if you need further assistance, please contact the 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,

(Name)
Assistant Secretary for Administration

THE WHITE HOUSE

DATE

 

MEMORANDUM FOR: Andrew Roberts
(Title)
(OPDIV/STAFFDIV)
Department of Health & Human Services
CC: (Name)
White House Liaison
Department of Health & Human Services
FROM: David Elliott
Director of White House Personnel or other EOP organization
SUJECT: Request for Detail – Dr. Bruce Morris

 

The Presidential Personnel Office requests a six-month, non-reimbursable detail of Dr. Bruce Morris for a period beginning (date) through (date).

Dr. Morris will be detailed as a Senior Project Manager.

We appreciate your attention to this request.

 

Agency Action:

______Approved ______Disapproved

________________________
Agency Official

____________
Date

February 23, 2012

David Elliott
Executive Office of the President
Director of White House Personnel
Washington, D.C. 20502

Dear Mr. Elliott,

I am pleased to approve this six-month, non-reimbursable detail for Dr. Bruce Morris, from the (OPDIV/STAFFDIV name) to the Presidential Personnel Office.  Dr. Morris will serve as a Senior Project Manager from (date) through (date).

If we can be of further assistance, please contact (Name), Deputy Assistant Secretary for Human Resources, at 202-690-6191.

 

Sincerely,

(Name)
Assistant Secretary for Administration

Overview

The Intergovernmental Personnel Act (IPA) Mobility Program provides for the temporary assignment of personnel between the Federal government and state and local governments, colleges and universities, Indian tribal governments, federally funded research and development centers, and other eligible organizations.  The goal of the program is to facilitate the movement of employees, for short periods of time, when this movement serves a sound public purpose.  Mobility assignments may be used to achieve objectives such as:

  • Strengthening the management capabilities of federal agencies, state, local and Indian tribal governments, and other eligible organizations;
  • Assisting the transfer and use of new technologies and approaches to solving governmental problems;
  • Facilitating an effective means of involving state and local officials in developing and implementing federal policies and programs; and/or,
  • Providing program and developmental experience which will enhance the assignee's performance in his or her regular job. 

The legal authority for assignments under the IPA is Title 5 United States Code (USC), sections 3371 through 3375.  Regulations can be found in the Code of Federal Regulations (CFR), part 5, chapter 334.

Do

  • IPA assignments must be implemented with a written agreement.
  • Assignees must be career or career conditional employees.  Non-Federal employees must have at least 90 days in a permanent/career position with a state or local government, college or university, Indian tribal government, or other eligible organization (a non-profit as certified by the Federal government).
  • The length of assignment can be made for up to two (2) years and may be extended for not more than two (2) additional years.

Don’t 

  • Individuals excluded from participation in the IPA mobility program include:
  • Federal, state or local government employees serving under non-career, excepted service, noncompetitive, time-limited, temporary, or term appointments
  • Elected Federal, State or local government officials
  • Members of the uniformed military services and the Commissioned Corps of the Public Health Service and the National Oceanic and Atmospheric Administration
  • Students employed in research, graduate, or as a teaching assistant and similar temporary positions
  • Assignees who have served for four (4) continuous years on a single assignment may not be sent on another assignment without at least a twelve (12)-month return to duty with his or her regular employer.  Successive assignments without a break of at least sixty (60) calendar days will be regarded as continuous service under the mobility authority. 
  • Federal employees are prohibited from serving on mobility assignments for more than a total of six years.
  • Non-Federal assignee salary must not be in excess of Federal pay scales and guidelines.  It should be commensurate with the duties of the Federal work activity. 
  • Inclusion of indirect and other administrative costs, based on past practices and precedent setting arrangements by HHS, NIH, and CDC, are prohibited.
  • Non-Federal employees on assignment to a Federal agency, whether by appointment or on detail, are subject to a number of provisions of law governing the ethical and other conduct of Federal employees.  Title 18 USC prohibits certain kinds of activity:
  • Receiving compensation from outside sources for matters affecting the government (section 203)
  • Acting as agent or attorney for anyone in matters affecting the government (section 205)
  • Acting or participating in any matter in which he or she, the immediate family, partner; or, the organization with which he or she is connected has a financial interest (section 208)
  • Receiving salaries or contributions from other than government sources for his or her government services (section 209)
  • Soliciting political contributions (sections 602 and 603)
  • Intimidating to secure political contributions (section 606)
  • Failing to account for public money (section 643)
  • Converting property of another (section 654)
  • Disclosing confidential information (section 1905)
  • Lobbying with appropriated funds (section 1913)

Note:  An assignment may be terminated at any time at the request of the Federal agency or non-Federal organization participating in this program. Where possible, the party terminating the assignment prior to the agreed upon date should provide thirty (30) days advance notice along with a statement of reasons, to the other parties to the agreement.

 

TYPE OF
DETAIL
AUTHORITY
FOR DETAIL
TIME
LIMITATIONS
REIMBURSEMENT REQUIRED - Y/N APPROVING AUTHORITY
LEGISLATIVE BRANCH 2, 3

2 USC §72a(f)

21 Comp. Gen. 954 and 1055

31 USC 1535

42 U.S.C 215 (c) (d)

Up to six months (i.e., 180 calendar days).  One six-month extension is allowable 3.

Initial detail – N

Extension –  N

Initial employee detail – ASA

 

Extension  of employee detail –ASL

WHITE HOUSE – EXECUTIVE OFFICE OF THE PRESIDENT (EOP) 3 USC §112 4

31 USC §1535 5

21 Comp. Gen.  954 and 1055
Up to six months (i.e., 180 calendar days.)  One six month extension is allowable.

Initial detail – Y/N 6

Extension – Y

Initial employee detail – ASA

Extension of employee detail – ASA

WITHIN HHS (e.g., BETWEEN OPDIVS & WITHIN OPDIVS) 5 USC §3341

Up to 120 calendar days.

Extensions allowable in increments of up to 120 calendar days* See Below .

N

Heads of OPDIVS and STAFFDIVS
BETWEEN DEPARTMENTS & AGENCIES 31 USC §1535 Up to six months (i.e., 180 calendar days)  Details may be approved that exceed 180 days; however, they should only occur in extraordinary circumstances.

Y 7

Heads of OPDIVS and STAFFDIVS
GLOBAL HEALTH OUTSIDE HHS – DOMESTIC 42 USC §215 Authorized in up to two year increments for a total of six years.

N

Heads of OPDIVS and STAFFDIVS
GLOBAL HEALTH OUTSIDE HHS – INTERNATIONAL 42 USC §215 and 5 USC §3343 Authorized in up to two year increments for a total of six years 8 at one post, organization, and country (or a total of 5 years for non-Public Health Service personnel).

N

Heads of OPDIVS and STAFDIVS
EMERGENCY RESPONSE ACTIVITIES   Duration of the emergency.

N

Heads of OPDIVS and STAFFDIVS
INTER-GOVERNMENTAL PERSONNEL ACT (IPA) 5 USC §§ 3371 – 3374

Up to two years Extension allowable for up to two additional years 9, before a minimum twelve-month return to duty with the home organization is required allowable for assignments to an Indian tribe or a tribal organization.

Lifetime limit of six years.

N

Heads of OPDIVS and STAFFDIVS

 

Endnotes


1 Including those appointed under Title 5 who receive compensation under Title 38.

2 Includes Congressional committees, Legislative Fellowships, the Architect of the Capitol, the Congressional Budget Office, the Congressional Research Service, the Copyright Office, the Government Accountability Office, the Government Printing Office, the Library of Congress, the Medicare Payment Advisory Committee, the Open World Leadership Center, the Stennis Center for Public Service, and the US Botanic Garden. 

3 Congressional details may exceed one year, but not the end of a Congress.

4 Includes the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Staff, and the Office of Administration (3 USC § 112)

5 Includes the Council of Economic Advisers, the Council on Environmental Quality, the National Security Staff, the Office of Management and Budget, the Office of National Drug Control Policy, the Office of Science and Technology Policy, and the Office of the United States Trade Representative

6 If detail is for less than 180 calendar days during any fiscal year (per 3 USC §112).

7 Details between agencies will be reimbursable except in the following circumstances:  The detail involves a matter related to the loaning agency’s appropriation and will aid in accomplishing the purpose for which the loaning agency’s appropriations are  provided; or the detail is for a brief period and has a negligible impact on the loaning agency’s appropriation; or Statutory authority permits a non-reimbursable detail and it is determined that a non-reimbursable detail furthers the loaning agency’s program objectives.

8 Extensions beyond 6 years allowable under exceptional circumstances.

9 Exception: For an extension to an IHS special purpose assignment made to Indian tribes or tribal organizations, no time limit applies provided the assignment continues to benefit both the executive agency and the Indian tribe or tribal organization and is in accordance with P.L. 93-638.

Content created by Assistant Secretary for Administration (ASA)
Content last reviewed on May 19, 2014