Department of Health and Human Services (HHS) Instruction 301-1, Overseas Employment

Material Transmitted:

Department of Health and Human Services (HHS) Instruction 301-1, Overseas Employment, dated January 16, 2025.

Material Superseded:

HHS Instruction 301-1, Overseas Employment, dated December 15, 2022

Background:

This Instruction has been revised to 1) update extension requests for Tour of Duty and Details/Transfers to International Organizations, including new HHS forms; 3) clarify requirements for overseas limited appointments (5 CFR Part 301) and employing non-U.S. citizens; and 4) correct retention timeframes in accordance with the National Archives and Records Administration (NARA) general records schedule.

Employees should contact their servicing Human Resources Center with any questions via https://intranet.hhs.gov/hr/contact-your-hr-center.

This policy is effective immediately and must be carried out by OpDiv/StaffDiv HR Centers in accordance with applicable laws, regulations, collective bargaining agreements, and Departmental policy.

/s/
Jeffery Anoka
Deputy Assistant Secretary for Human Resources
Chief Human Capital Officer (Acting)

301-1-00 Sections

301-1-10 Purpose
301-1-20 Coverage and Exclusions
301-1-30 References
301-1-40 Definitions
301-1-50 Responsibilities
301-1-60 Foreign Country Clearance
301-1-70 Tour of Duty
301-1-80 Recruitment and Staffing
301-1-90 Pay, Leave, and Benefits
301-1-100 Travel, Service Agreement, and Other Requirements
301-1-110 Documentation, Reporting, and Accountability

301-1-10 Purpose

This Instruction implements the Department of Health and Human Services (Department or HHS) policy, responsibilities, and procedures on overseas employment.

When provisions of this policy differ from changes in applicable law or regulation, the changes in law or regulation apply.

301-1-20 Coverage and Exclusions

  1. The provisions of this Instruction apply to the employment of civilian employees in the Department of Health and Human Services (Department or HHS) Operating and Staff Divisions (OpDiv/StaffDiv) who work in overseas locations.
  2. This policy does not apply to officers of the U.S. Public Health Service (PHS) Commissioned Corps or to federal contractors.
  3. The Department will follow all requirements of 5 USC Chapter 71 involving bargaining conditions of employment for bargaining unit employees. To the extent that provisions of this policy are in specific conflict with a Collective Bargaining Agreement (CBA), the provisions of the CBA govern for bargaining unit positions only.

301-1-30 References

  1. 5 United States Code (U.S.C.) §3343, Details to International Organizations
  2. 5 U.S.C. §§3581-3584, Reemployment After Service with An International Organization
  3. 5 U.S.C. Subchapter III (§§5921-5928), Overseas Differentials and Allowances
  4. 5 U.S.C. Chapter 63, Leave
  5. 22 U.S.C. §4081 et seq., Travel and related expenses (authorized for PHS by 42 U.S.C. §242l(c))
  6. 22 U.S.C. §4083, Required Leave (authorized for PHS by 42 U.S.C. §242l(c))
  7. 42 U.S.C. §242l(c), Benefits for Overseas Assignees
  8. 5 Code of Federal Regulations (CFR) Part 8, Appointments to Overseas Positions
  9. 5 CFR Part 301, Overseas Limited Appointment
  10. 5 CFR Part 301, Subpart C, Overseas (Local Hire) Employees Eligible for Noncompetitive Appointment Upon Return to the U.S.
  11. 5 CFR §315.608, Noncompetitive Appointment of Certain Former Overseas Employees
  12. 5 CFR 352, Subpart C, Detail and Transfer of Federal Employees to International Organizations
  13. 5 CFR Part 630, Absence and Leave
  14. HHS Instruction 300-3, Details and Intergovernmental Personnel Act (IPA) Assignments
  15. HHS Instruction 590-1, Physician, Dentist, and Podiatrist Pay
  16. HHS Travel Policy
  17. Department of State Standardized Regulations (DSSR), overseas allowances and differentials under 5 U.S.C. §§5921-5925 and 5927
  18. Memo from HHS Deputy Assistant Secretary for Human Resources, Delegation of Human Resources Authorities, dated May 9, 2022.

301-1-40 Definitions

  1. Days. Calendar days.
  2. Detail. A temporary assignment to a different position for a specified period. An employee who is on detail continues to occupy their official position of record while on detail and continues to receive pay and federal benefits associated with their permanent position. At the expiration of the detail, the employee returns to his or her official position of record. For complete information on details, see HHS Instruction 300-3, Details and IPA Assignments.
  3. Overseas Location. Unless otherwise specified in this policy, overseas locations include foreign countries and other areas outside the continental U.S., but does not include Alaska, Guam, Hawaii, the Isthmus of Panama, Puerto Rico, or the Virgin Islands (5 CFR §§8.1, 8.4, and 210.102(9)).
  4. Transfer.
    1. A change of position by an employee from HHS to an international organization (5 U.S.C. §3581 and 5 CFR 352, Subpart C), or movement of an employee, without a break in service of one (1) full workday, from a position in one agency to a position in another agency (5 CFR §210.102(18)). See also OPM.gov/Details and Transfers.
    2. For overseas allowances and differentials in Section 301-1-90, ‘transfer’ is defined by the Dept. of State as a change in an employee’s duty location within HHS via an appointment, reassignment or other staffing action listed in Section 301-1-80 (DSSR Chapters 040, 241 and 251). By DSSR definition, external transfers described in (D)(1) above and details are not eligible for overseas allowances and differentials since neither staffing action changes an employee’s duty location within HHS. However, certain employees on a detail may be eligible for some overseas payments: post hardship differentials, danger pay, and compensatory time, in accordance with Section 301-1-90 and DSSR Chapters 511, 651 and 811.

301-1-50 Responsibilities

  1. Assistant Secretary for Administration, Office of Human Resources (ASA/OHR):
    1. Establishes Department-wide HR policy and guidance in accordance with HHS and the Office of Personnel Management (OPM) policy and guidance, and all applicable federal laws and regulations.
    2. Submit requests to OPM for approval of an exception to the time limit for an overseas limited appointment.
    3. Reviews and gives concurrence/non-concurrence to the HHS Office of Global Affairs (OGA) on OpDiv/StaffDiv exception requests to HHS’ six (6) year single country tour of duty limit in accordance with this policy.
    4. Reviews and gives concurrence/non-concurrence to OGA on OpDiv/StaffDiv detail/transfer to international organization extension requests in accordance with this policy.
    5. Periodically reviews OpDiv/StaffDiv personnel actions and internal HR guidance and procedures to assure conformance with HHS policy and guidance, and all applicable federal laws and regulations.
  2. Office of Global Affairs (OGA):
    1. Serves as HHS’ liaison with the Department of State on overseas employment, including the preparation and submission of reports requested by the Dept. of State.
    2. Approves/disapproves OpDiv/StaffDiv extension requests to HHS’ six (6) year single country tour of duty limit after ASA/OHR concurrence, in accordance with Section 301-1-70.
    3. Requests Dept. of State approval, at the request of an OpDiv/StaffDiv, for an international organization not on Dept. of State’s approved organization list, in accordance with Section 301-1-80(B)(6).
    4. In cases where an extension is in the national interest, requests concurrence from the HHS Secretary to request Secretary of State approval to extend a detail/transfer to an international organization beyond five (5) consecutive years, in accordance with Section 301-1-80(B)(6). If the HHS Secretary concurs, submits request to the Dept. of State for approval.
    5. Annually reviews the Dept. of State Difficult to Staff Posts designated list. Based on this review, notifies OpDivs/StaffDivs the posts eligible for annual Difficult to Staff Incentive Differential (DSID) by October of each year. Difficult to Staff Incentive is also referred to as a Service Need Differential (SND).
    6. Reviews OpDiv/StaffDiv bi-annual overseas hiring plans, as applicable.
    7. Develops supplemental HHS-wide overseas employment guidance, if necessary, with signed approval by the Deputy Assistant Secretary for Human Resources/Chief Human Capital Officer (DASHR/CHCO) prior to release at employmentpolicy@hhs.gov. Any supplemental travel guidance is coordinated with the ASA/Program Support Center to ensure consistency with HHS travel policy.
  3. OpDivs/StaffDivs in coordination with their Human Resources Centers (HR Centers):
    1. Comply with this Instruction, any applicable HHS, Dept. of State, and OPM policy and guidance, and all applicable federal laws and regulations.
    2. Ensure any internal guidance or standard operating procedures on overseas employment adhere to HHS policy.
    3. Obtain foreign country clearance from the Dept. of State prior to employee travel.
    4. Ensure employees complete and sign a service agreement prior to authorized travel.
    5. Request OGA approval, via ASA/OHR, on tour of duty exemption requests to HHS’ six (6) year single country tour of duty limit, in accordance with Section 301-1-70 of this policy.
    6. Request Dept. of State approval, via OGA, to approve an international organization that is not on Dept. of State’s approved organization list for a detail or transfer to an international organization, in accordance with Section 301-1-80(B)(6) of this policy.
    7. Submit requests to extend details/transfers to an international organization beyond five (5) consecutive years to ASA/OHR for concurrence and OGA, HHS Secretary, and Dept of State approval, in accordance with Section 301-1-80(B)(6) of this policy.
    8. Submit bi-annual overseas hiring plans to OGA no later than October 1 of each year at os-oga-hhs-globalstaffing@hhs.gov.
    9. Authorize and grant DSID/SND based on the Difficult to Staff Posts identified by the Dept. of State (see (B)(5) above). Base SND/DSID decisions on written justification for employee nominations and recommend the positions, occupational specialties, and/or posts at which specific employees/positions may be eligible to receive the SND/DSID.

301-1-60 Foreign Country Clearance

  1. The Dept. of State must give permission for any U.S. government employee to be in a foreign country on official business. Dept. of State clearance is required before an employee works overseas regardless of timeframe or type of appointment (full-time, part-time, temporary, etc.). Clearance is required in advance of travel to an overseas duty location.
  2. OpDivs/StaffDivs submit clearance requests via Dept. of State’s electronic Country Clearance (eCC) system and provide a copy to the HHS Office of Global Affairs (OGA) at OSPassports@hhs.gov. Cables may be used in cases where the request is classified, in accordance with the Dept. of State’s Foreign Affairs Manual, Chief of Mission Authority, Security Responsibility and Overseas Staffing, June 10, 2020.
  3. OpDiv/StaffDiv requests for eCC access and questions on current Dept. of State clearance procedures may be sent to OGA at OSPassports@hhs.gov.
  4. Clearance for HHS employees who are transferred to work for an international organization (via 5 CFR 352, Subpart C) are managed by the international organization, not HHS.

301-1-70 Tour of Duty

  1. Tour of duty is up to 24 or 36 months, at the discretion of the OpDiv/StaffDiv; however, time limits are dependent on the hiring authority used to fill the overseas position. For example, temporary appointments made under 5 CFR 316, Subpart D, are for periods not to exceed one (1) year, then may be extended up to a maximum of one (1) additional year (24 months total duration).
  2. Employees may serve up to a maximum of six (6) consecutive years in a single country. However, some hiring authorities have different time limits, e.g., Temporary and Term appointments (5 CFR Part 316); Overseas Limited appointments (5 CFR Part 301); and Details and Transfers to International Organizations (5 CFR §352.302), etc. See Section 301-1-80.
  3. The tour of duty begins on the date of arrival at the overseas duty location (or the entrance on duty date when recruited overseas) and ends either at the expiration of appointment or on the day of departure (5 CFR §630.603).
  4. When computing overseas service, the following are included: 1) authorized leave with pay; 2) absence in a non-pay status up to a maximum of two (2) workweeks within each 12 months of service; 3) time spent in the U.S. Armed Forces; and 4) details (5 CFR §630.603).
  5. Tour of duty may be shortened by the employee or the employing OpDiv/StaffDiv (conditions are covered in the service agreement; e.g., by mutual agreement, with 30 days advance notice, etc.) Details to international organizations (5 CFR Part 352) may be terminated, at the discretion of the loaning or gaining organization, prior to the documented NTE date.
  6. Tour of duty may be extended by the employing OpDiv/StaffDiv up to 120 days for administrative purposes, as long as the time limits of the hiring authority used to fill the overseas position are not exceeded.
  7. An exemption to the six (6) year single country limit requires prior approval by the Director, Office of Global Affairs (OGA), with concurrence by the ASA/OHR. Requests are submitted by the OpDiv/StaffDiv HR Center to ASA/OHR at employmentpolicy@hhs.gov at least six (6) months prior to the last day of the current tour, using HHS Form 863. If ASA/OHR concurs, the request will then be forwarded to OGA for approval. HR Centers questions should be sent to OGA at os-oga-hhs-globalstaffing@hhs.gov.
  8. Changes to the tour of duty are annotated on the service agreement and signed by all parties (employee, supervisor, loaning and gaining organizations for details). See also Section 301-1-100.

301-1-80 Recruitment and Staffing

  1. CTAP/ICTAP/RPL or PRL. Prior to filling overseas positions, the Career Transition Assistance Program (CTAP), Interagency Career Transition Assistance Program (ICTAP), the HHS Reemployment Priority List (RPL) and/or the HHS Priority Reemployment List (PRL) must be cleared unless the staffing action is one of the exceptions listed in the Appendices of HHS Instruction 330-2, Priority Placement Programs (5 CFR Part 302 and 5 CFR §§330.211, 330.609, 330.707).
  2. Hiring Methods. HHS overseas positions can be filled by a time-limited appointment via one of the following staffing methods:

    1. Competitive examining, merit promotion, direct hire authority, temporary or term employment, or excepted service recruitment (5 CFR §8.1), following the rules of the applicable hiring authority.

      Actions are processed according to the type of appointment, see OPM Guide to Processing Personnel Actions (GPPA), Chapter 9, Career and Career-Conditional Appts; Chapter 11, Excepted Service Appts; or Chapter 10, Non-status Appts in the Competitive Service (temporary/term, etc.).

    2. Non-Title 5 hiring authority (i.e., 42 U.S.C. §§209 (f) or (g); 42 U.S.C. 237 following HHS Instructions 42-1, 42-2, or 42-3, or an OpDiv/StaffDiv-specific hiring authority). Before using an OpDiv/StaffDiv-specific Non-Title 5 authority to fill an overseas position, HR Centers are responsible for reviewing the language of their Division’s hiring authority and/or consult the Office of the General Counsel (OGC) to ensure such use is legally supportable.

      Use Nature of Action Code ZLM and cite the applicable Title 42 legal authority when processing actions (see OPM GPPA, Chapter 11, Excepted Service Appts).

    3. Discretionary actions listed under an HR Center’s merit promotion plan (5 CFR §335.103(c)(3)). When an OpDiv/StaffDiv has a documented Merit Promotion (MP) Plan that includes the requirements listed under 5 CFR §335.103 and has identified the discretionary action(s) under 5 CFR 335.103(c)((3) in its MP plan, an OpDiv/StaffDiv may:

      1. Promote, reassign, demote, transfer, reinstate, or detail an employee to an overseas position that has no greater promotion potential than the employee holds or previously held on a permanent basis in the competitive service;
      2. Temporarily promote or detail an employee to higher graded position or a position with a higher promotion potential for 120 days or less; etc.

      See OPM GPPA, Chapter 14, Promotions, Changes to Lower Grades, Reassignments, Details, etc. when processing actions. Details must adhere to the requirements in HHS Instruction 300-3, Details and IPA Assignments.

    4. Time-Limited Promotion to fill temporary positions for a specified period not more than five (5) years, in accordance with 5 CFR §335.102, when (a) and (b) immediately below are met.

      1. OpDivs/StaffDivs must give an employee advance written notice of the conditions of the time- limited promotion, including: 1) the time limit; 2) reason for time limit; 3) the requirement for competition for promotion beyond 120 days if applicable (see (b) immediately below); 4) the employee may be returned to the position from which temporarily promoted (or to a position of equivalent grade and pay) at any time; and 5) the return is not subject to reduction in force (RIF), performance or adverse action or grievance procedures (5 CFR §335.102(f)(1)).
      2. Competition for a time-limited promotion over 120 days is required unless:
        1. the time-limited promotion is made under competitive procedures and the job opportunity announcement stated the temporary promotion may be made permanent (5 CFR §335.103(c)(1)(i)); or
        2. the employee previously held the proposed grade level on a permanent basis in the competitive service (5 CFR §335.103(c)(3)(iv) or (v)).

      Use OPM GPPA, Chapter 14, Promotions, Changes to Lower Grades, Reassignments, Details, etc. when processing actions.

    5. Overseas 1 Limited Appointment (5 CFR §8.2 and 5 CFR Part 301).

      1. An overseas limited appointment of a U.S. citizen who is recruited overseas for a position overseas when a competitive examining job announcement open to applicants in the local overseas area results in a shortage of eligible applicants (as defined by 5 CFR §337.202(b)).

        OR
      2. An overseas limited appointment of a U.S. citizen who is recruited in an area where an overseas limited appointment is not authorized,2 when an HR Center determines that unusual or emergency conditions exist that make it not possible or impracticable to appoint from a register (5 CFR §§8.2, 8.4 and 301.202).
      3. Time Limits (5 CFR §301.203). Overseas limited appointments are an indefinite duration, unless otherwise limited by the employing OpDiv/StaffDiv to either:
        1. A term appointment to five (5) years maximum, as part of a documented overseas rotation program for career/career-conditional employees, or
        2. A temporary appointment for one (1) year or less (which may be extended for up to a maximum of one (1) additional year) to meet administrative needs.
        3. OPM may approve an exception to the time limits in (c)(i) and (ii) based on an HHS HQ- level request (HR Centers send requests to ASA/OHR at employmentpolicy@hhs.gov).
        4. Overseas limited appointments of an indefinite duration are exempt from the HHS tour of duty limits in Section 301-1-70 (A-B). (5 CFR §301.203)
      4. Other requirements (5 CFR §§8.2, and 301.204-206):
        1. Candidates must meet OPM’s qualification requirements for the position;
        2. Time-in-grade applies to overseas limited appointments;
        3. Employees are eligible for within-grade increases;
        4. Employees are not eligible for federal retirement, unless eligible through continuity of service or length of appointment;
        5. Overseas limited employees must serve a one (1) year trial period and may be terminated at any time during their trial period after the advance notice requirements described in 5 CFR 315.804 and 805 are met. Prior service may be creditable towards completion of a trial period, in accordance with HHS Instruction 315-1, Probationary and Trial Periods.
        6. Employees do not acquire competitive status based on their overseas limited appointment; however, an employee who has competitive status on the basis of a previous non-temporary competitive service appointment, retains status and may continue to compete for positions open to ‘status’ candidates. (Such employees should be advised to provide a SF-50 showing they previously held a non-temporary competitive service position when applying to jobs.)

      Use NOAC HNM, HRM, or H3M and cite Reg 301.201 or 301.202 when processing overseas limited appointment actions (see OPM GPPA, Chapter 10, Non-Status Appointments).

    6. Detail or Transfer to an International Organization. See Section 301-1-40 for definitions.
      1. Detail. OpDiv/StaffDiv Heads or written designee may authorize the detail of eligible employees (defined in (6)(d) below) only to international organizations approved by the Dept. of State (5 CFR §352.304), with the concurrence of OGA prior to the effective date of the detail. Requests are submitted to OGA by the servicing HR Center at os-oga-hhs-globalstaffing@hhs.gov.
      2. Transfer. Upon the written request by an international organization for an employee’s services, an OpDiv/StaffDiv Head or written designee may authorize the transfer of eligible employees (defined in (6)(d) below) to international organizations approved by the Dept. of State (5 CFR §§352.304 and 308), with the concurrence of the OGA prior to the effective date. Requests are submitted to OGA by the servicing HR Center at os-oga-hhs-globalstaffing@hhs.gov. A letter of consent with the effective date mutually agreed by the international organization and the employing OpDiv/StaffDiv is provided to the organization with a copy to the employee (5 CFR §352.308(b-c)).
      3. Eligible international organizations approved by Dept. of State for details and transfers under 5 CFR Part 352, Subpart C, are at https://iocareers.state.gov/Content/Public/federal#approved-international-organizations. Requests to obtain Dept. of State approval for organizations not on approved list, should be sent to OGA at os-oga-hhs-globalstaffing@hhs.gov at least three (3) months prior to the detail or transfer.
      4. Eligible Employees. All employees are eligible except the employees listed under 5 CFR §§352.305 and 307, i.e., a person serving on a temporary appointment; a seasonal, intermittent, or part-time appointment; a non-career, limited emergency, or limited term appointment in the Senior Executive Service (SES); a Presidential appointment; or a Schedule C appointment.
      5. Time Limits (5 U.S.C. §§3343, 5 CFR §§352.302 and 352.308).
        1. Employees who are detailed or transferred to international organizations may serve on a detail or transfer (or a series of details/transfers) for up to five (5) consecutive years.
        2. The Secretary of State, upon the recommendation of the Secretary of HHS, may approve an extension up to three (3) additional years if the extension is in the national interest. Extension requests are submitted by the HR Center to ASA/OHR at employmentpolicy@hhs.gov at least six (6) months prior to the expiration of the current detail, using HHS Form 862. If ASA/OHR concurs, the request will be forwarded to OGA for HHS recommendation and Dept. of State approval. HR Center questions should be sent to OGA at os-oga-hhs-globalstaffing@hhs.gov.
        3. Employees cannot serve longer than a total of eight (8) years on details or transfers to international organizations (or a combination of details and transfers) during their entire federal career.
      6. HHS employees remain in their official HHS position of record while on a detail to international organization and return to their official position of record at the expiration of the detail. See Section 301-1-40 for definition.
      7. HHS employees who are transferred to an international organization are entitled to retain coverage to their federal employee health benefits, retirement, and life insurance plans, and can elect to retain credit for accumulated leave at the time of transfer, in accordance with 5 U.S.C. §3582(a) and (c). Agency retirement and insurance contributions continue while the employee is transferred, as long as employee contributions continue (5 U.S.C. §3582(d)). Employee and agency contributions to the Thrift Savings Plan (TSP) stop after separation, but make-up contributions are allowed in certain circumstances, see (C)(5) below.
      8. Documentation.
        1. Details are documented in accordance with HHS Instruction 300-3, Details and IPA Assignments, Section 300-3-90.
        2. Transfers to international organizations are documented in accordance with 5 CFR §352.308:
          1. A letter of consent with an effective date mutually agreed by the international organization and the employing OpDiv/StaffDiv is provided to the organization with a copy to the employee;
          2. A leave statement showing the employee’s annual and sick leave balances at the time of transfer is provided to the employee;
          3. The notice of personnel action effecting the separation action must identify the international organization which the employee is transferring to; the period which the employee has reemployment rights (see (C)(5) in this Section below); and conditions for reemployment.
      9. Details to international organizations may be reimbursable or non-reimbursable, in accordance with 5 U.S.C. §3343(d-e). Financial agreements must adhere to the legal and regulatory requirements described in HHS Instruction 300-3, Details and IPA Assignments.
      10. Transfers to international organizations are non-reimbursable, except agency retirement and insurance contributions outlined above.
      11. Employees may submit an appeal to the Merit System Protection Board (MSPB) alleging an OpDiv/StaffDiv’s failure to comply with any of the provisions of 5 U.S.C. §§3343, 3581-3584 or of 5 CFR Part 352.
    7. Recruitment of Non-U.S. Citizens via 5 CFR §8.3. Non-U.S. citizens may be recruited overseas and appointed to Title 5 excepted service overseas positions without regard to the competitive hiring process. The citizenship requirement for federal employment (Executive Order 11935), and the Appropriations Act ban on payment of funds to non-U.S. citizens, do not apply to federal positions outside the continental U.S. (see Section 301-1-80, Citizenship).

      Use NOAC BPM and cite 5 CFR §8.3 when processing actions (see OPM GPPA, Chapter 11, Excepted Service Appointments).
  3. Employment After the Expiration of an Overseas Assignment.
    1. With the exception of Details and Transfers to International Organizations (see (4) and (5) immediately below), HHS employees serving overseas are not entitled to continuation of employment after the expiration of their time-limited overseas assignment (see Section 301-1-70, Tour of Duty).
    2. Prior to the expiration of their overseas assignment, employees must compete and be selected for a vacancy in the U.S. via competitive examining, merit promotion, direct hire authority, excepted service recruitment, etc. following the rules of the applicable hiring authority. (See the citizenship requirement at bottom of this Section.)

      OR
    3. OpDivs/StaffDivs may at their discretion include a commitment in an employee’s service agreement to reassign or promote the employee after their overseas assignment ends to a competitive service position within their employing OpDiv/StaffDiv that has no greater promotion potential than the employee holds or previously held within the competitive service on a permanent basis.
      1. This option is available when the Division’s servicing HR Center has a documented Merit Promotion (MP) Plan in place that includes the requirements listed under 5 CFR §335.103 and has identified such reassignments and/or promotions as discretionary actions in its MP plan. See also discretionary actions under (B)(3) above.
      2. This option is not available for employees serving on either a temporary or term overseas appointment under 5 CFR Part 316 and the employee has not previously held a permanent competitive service position prior to accepting the temporary or term overseas appointment. Employees do not acquire competitive service status based on a temporary or term appointment and these time-limited appointments end automatically at the expiration date. Such employees need to compete for a vacancy and be selected prior to their expiration date to avoid separation or a break in service.
      3. This option is not available for employees serving on an excepted service, SES, or Scientific or Senior Level (ST/SL) overseas position and the employee has not previously held a competitive service position on a permanent basis. If the employee has previously held a competitive service position on a permanent basis, they can be placed via merit promotion procedures into a competitive service position that has no greater promotion potential than the employee previously held on a permanent basis in the competitive service. Prior to placement, HR Centers must verify status via a SF-50 showing the employee previously held a competitive service position on a permanent basis.
    4. Details to International Organizations (5 U.S.C. §3443), see (B)(6) above. Employees remain in their official HHS position of record while on a detail to an international organization and return to their official position of record at the expiration of the detail, see Section 301-1-40 for definition.
    5. Transfers to International Organizations (5 U.S.C. §§3581-3584), see also (B)(6) above. Employees who are transferred to international organizations approved by the Dept. of State are entitled to reemployment after their employment with the international organization ends either to their former HHS position or to a position of like seniority, status and pay within their former employing OpDiv/StaffDiv (5 U.S.C. §§3581-3584 and 5 CFR §§352.311-313):
      1. The employee must apply for reemployment no later than 90 days after separation from the international organization;
      2. The separation is either voluntarily or involuntarily, without cause; and
      3. The international transfer must not exceed the time limits described under (B)(6)(e) above.
      4. If (a)-(c) immediately above are met, the former employee must be reemployed within 30 days of receiving the former employee’s reemployment application. (If the former employee applies before separation from the international organization, the 30-day period begins either on the date of application, or 30 days before the separation date from the international organization, whichever is later.)
      5. The application must be in writing, in any format of the HR Center’s choosing. The international organization’s separation notice must be included.
      6. Reemployment instructions for former SES employees can be found at 5 CFR §352.311(c).
      7. Upon reemployment, the employee is entitled to the rate of basic pay which the employee would have been entitled had the employee remained with the employing agency; and
      8. The employee is entitled to restoration of any sick leave.
      9. An employee who elected to retain federal retirement coverage and continued to make all required employee contributions while employed with the international organization, may make make-up contributions to the TSP which were missed due to federal separation. The employee also receives make-up agency contributions and lost earnings on the agency contributions, consistent with the TSP rules.
      10. The period between separation and reemployment is creditable service for all employment purposes.
      11. If the OpDiv/StaffDiv fails to reemploy their former employee within 30 days of receiving their application, the servicing HR Center must notify the employee, in writing, of the reasons and their right to appeal to the MSPB. The HR Center must follow the notice of appeal rights procedures under 5 CFR §1201.21.
      12. If the OpDiv/StaffDiv fails to reach and issue a decision to the employee within 30 days of receiving their application, the former employee is entitled to appeal the OpDiv/StaffDiv’s failure to issue a reemployment decision to the MSPB.
    6. Non-competitive appointment for family members of certain overseas employees upon return to the U.S. (5 CFR Part 301, Subpart C, and §315.608).
      1. An HHS employee’s family member who has completed 52 weeks of creditable overseas service (as defined in 5 CFR §315.608(b)) may be eligible to be noncompetitively appointed to a competitive service position in the U.S. (including Guam, Puerto Rico, and the Virgin Islands) at any series or grade the family member is qualified for. A service waiver can be approved in accordance with 5 CFR §315.608(c).
      2. The overseas position in which the family member served must have been recruited overseas among people residing in the overseas area and must have been non-permanent;
      3. The family member received a performance rating of fully successful or higher;
      4. The family member must have lived in an overseas area at the time of the HHS employee’s overseas appointment;
      5. The family member is eligible for non-competitive appointment for three (3) years from the date of return to the U.S. to reside (may be extended for specific reasons listed under 5 CFR §315.608(d)); and
      6. The family member must meet all appointment criteria, such as U.S. citizenship.
      7. For definitions, including family member and creditable overseas service, see 5 CFR §315.608.

  4. Citizenship. Congress restricts federal agencies, including HHS, via the annual appropriation acts (i.e., the federal budget) from compensating an employee who is not a U.S. citizen or national3 for any federal position within the continental U.S. unless certain exceptions apply.

    There are not similar restrictions to appointing or compensating non-U.S. citizens to positions with a duty station outside the continental U.S.; however, only certain non-U.S. citizens are eligible for overseas allowances and differentials, as described in Section 301-1-90.

    Before the expiration of an overseas assignment, OpDivs/StaffDivs must consult the Office of the General Counsel (OGC) before appointing/reassigning or compensating an individual who is not a U.S. citizen or national to a position within the U.S. The OGC must determine that the non-citizen meets one of the identified exceptions contained within the annual appropriations act, or HHS has a current exemption from the Appropriations Act ban in its annual appropriations or other law, and determine that the non-citizen is authorized to work in the U.S. before an OpDiv/StaffDiv can hire and pay a non-U.S. citizen, including permanent U.S. residents, for a position within the U.S. (Note: Only U.S. citizens or nationals are eligible for competitive service positions within the U.S. (Executive Order 11935)).

301-1-90 Pay, Leave, and Benefits

  1. Classification and Pay. HHS employees in a position with an overseas duty location are covered by the classification and pay administration rules under Title 5 (5 U.S.C. Chapters 51, 53, and 55, and 5 CFR Parts 511 and 550), except for:
    1. Comparability Pay. In lieu of locality-based pay, overseas employees excluding Title 38 physicians (series 602), podiatrists (series 668), and dentists (series 680), receive comparability pay in addition to base pay that is calculated as 2/3 of the Washington, D.C. locality pay rate. Rate is limited to the Executive Schedule Level IV rate. Basic pay is used in calculating overseas allowances. (Public Law (P.L.) 114-113 §212(3); P.L. 114-223 Div. C; P.L. 114-254 Div. A §101(1)) HHS annual overseas pay comparability tables are located at https://intranet.hhs.gov/hr/policy.
    2. Physician, Dentist and Podiatrist Pay (PDP). Physicians (series 602), podiatrists (series 668), and dentists (series 680) are eligible for Title 38 market pay, in accordance with HHS Instruction 590-1, Physician, Dentist, and Podiatrist Pay. Market pay is a component of annual pay intended to reflect the recruitment and retention needs for the specialty or assignment of a particular HHS physician. Employees who receive market pay are also eligible for overseas allowances, with the exception of any premium pay (including compensatory time). Overseas allowances are computed based upon applicable percentage of the employee’s GS base pay plus market pay. In no case may the total amount of compensation paid to a physician, podiatrist, or dentist exceed the amount of annual compensation of the President of the United States (3 U.S.C. §102).

  2. Allowances and Differentials (5 U.S.C. §5913, 5922-5928, and the Dept. of State Regulations (DSSR)). The Executive Orders listed in the DSSR (Chapter 010) give the Dept. of State authority to prescribe regulations on the allotment of funds under 5 U.S.C. §5913, and allowances and differentials under 5 U.S.C. §§5921-5928 for federal employees working in a foreign area. (OPM regulations for non-foreign areas are at 5 CFR Part 591, Subpart B.)

    Eligibility. HHS employees who are U.S. citizens and work in a foreign area (defined under 5 U.S.C. §5921(6) and DSSR Chapter 040(f) and (i)) may be eligible for the following the allowances and differentials. (See Section 301-1-40 of this policy for the DSSR definition of ‘transfer’ for overseas allowances and differentials eligibility.) HHS exception to U.S. citizen requirement: Non-U.S. citizens hired via 42 U.S.C. §§209(f) or (g) and work in a foreign area defined under 5 U.S.C. §5921(6) may also be eligible for the following allowances and differentials (42 U.S.C. §209(h) and 40 Comp. Gen. 628 (May 18, 1961)).

    1. Quarters allowances described under 5 U.S.C. §5923 when Government owned or rented quarters are not provided without charge (see also DSSR Chapter 100);
    2. Cost-of-Living Allowances under 5 U.S.C. §5924 when applicable (see also DSSR Chapter 200);
    3. Post hardship differential(s) based on environmental conditions described under 5 U.S.C. §5925 and the requirements described in DSSR Chapter 500;
    4. Difficult to Staff Incentive Differential (DSID), also referred to as a Service Need Differential (SND), may be granted to an employee assigned to a foreign post with a Post Hardship Differential ((3) immediately above) of 5% or higher upon a determination that especially adverse conditions of environment warrant additional pay as a recruitment and retention incentive to fill the employee’s position at that post. Justifications must be in writing.
      1. OpDiv/StaffDiv Head or written designee may authorize the payment up to an additional 15% over basic compensation to an employee assigned to a foreign post designated by the Dept. of State for a DSID.
      2. If the post for which the DSID is authorized is also authorized for Danger Pay Allowance ((7) immediately below), the combination of the Danger Pay Allowance and the DSID may not exceed 35% of the employee’s basic compensation.
      3. May only authorize payment of a DSID to employees assigned to posts which are authorized for a 5%, 10%, 15%, 20%, 25%, 30% or 35% Post Hardship Differential at the time of assignment or extension of tour of duty. Posts receiving such Post Hardship Differential are listed in DSSR Section 920, Post Classification and Payment Tables, column 3 (Post Hardship Differential Rate).
      4. Should Post Hardship Differential at a post of assignment be reduced to zero, an employee assigned to a position determined to be difficult to staff will continue to receive the DSID until conclusion of the assigned tour of duty or permanent departure from post of assignment.
      5. Only employees who are eligible to receive post hardship differential as defined in DSSR Chapter 500 may receive a DSID.
      6. Authorizing and certifying officials approve payment of an employee’s SND/DSID allowance upon submission by the employee of a properly executed SF-1190 and confirmation by the authorizing official that payment is appropriate.
    5. Compensatory time at certain foreign areas described under 5 U.S.C. §5926 (see also DSSR Chapter 800), excluding employees in positions listed in (A)(2) immediately above;
    6. Advances in pay described under 5 U.S.C. §5927(a)(1-2) (see also DSSR Chapter 850); and
    7. Danger pay allowance under 5 U.S.C. §5928 when applicable (see also DSSR Chapter 650).
    8. Official residence expenses under 5 U.S.C. §5913 may be paid to an HHS senior official who is working in a foreign country and who has been designated by the Secretary of State as occupying a position of such importance that the Government should defray the unusual expenses incident to the operation and maintenance of his/her official residence and the HHS Secretary has determined the overseas residence as an official residence in accordance with the DSSR Chapter 400.
  3. Leave. HHS employees in a position with an overseas duty location are covered by the leave rules under 5 U.S.C. Chapter 63, 5 CFR Part 630, and HHS Instruction 630-1, Leave and Excused Absence. Employees are eligible for home leave when they have completed 24 months of continuous service outside the U.S. in accordance with the rules described under 5 CFR 630, Subpart F.
  4. Leave of Absence. Public Health Service (PHS) employees on appointments with an overseas duty location may be required by their OpDiv/StaffDiv Head or written designee to take a leave of absence upon completion of 12 months of continuous overseas service, and PHS employees shall be required to take a leave of absence as soon as possible after completion of three (3) years of continuous overseas service as described under 22 U.S.C. §4083 (42 U.S.C. §242l(c)). In accordance with 42 U.S.C. §242l(c) and 22 U.S.C. §4083, employees may take the required leave anywhere in the U.S. or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands; or in cases where the employee is working at an unaccompanied overseas location, at home where their family resides (22 U.S.C. §4083(b)). While on a leave of absence, the employee may be required to work, but such time is not counted as leave (22 U.S.C. §4083(c)). (For the purposes of this policy, ‘Department’ is defined as HHS, and ‘member of the Service’ is a PHS employee.)
  5. Benefits. There is no impact on federal benefits (life and health insurance, retirement, Flexible Spending Accounts, Long Term Care Insurance, etc.) when a permanent HHS employee accepts a position with an overseas duty location. Overseas employees who are U.S. citizens or nationals are eligible for all federal civil service benefits; however, benefits available to employees on time-limited appointments may vary depending on length of appointment. Employees and HR staff should consult their servicing HR benefits officer with any questions.
  6. Medical evacuation and hospitalization coverage for overseas employees is explained in the ASA/Program Support Center’s HHS Travel Policy under International Requirements.

  7. Workplace Flexibilities. Employees who are working in an overseas location may be eligible for workplace flexibilities (e.g., telework, alternate work schedules, etc.) in accordance with HHS Instruction 990-1, Workplace Flexibilities.

    For Domestic Employees Teleworking Overseas (DETO), see the HHS DETO policy or contact the Office of Global Affairs at hhs-deto@hhs.gov.

301-1-100 Travel, Service Agreement, and Other Requirements

  1. Employees appointed to a position with an overseas duty location may be required to sign a service agreement prior to departure or extension for a period equal to the length of the overseas assignment or be required to reimburse their employing OpDiv/StaffDiv for the cost of the assignment (e.g., travel, relocation, and per diem expenses, not including salary and benefits) if the employee does not fulfill the service agreement. The OpDiv/StaffDiv Head or written designee, in accordance with the HHS Delegation of HR Authorities, may waive this reimbursement and reason(s) must be documented.
  2. Reimbursement of travel expenses for moves to/from an overseas assignment, including rates of per diem for employees and dependents, shipment of household effects, temporary duty allowances, etc. is paid in accordance with the HHS Travel Policy. Travel and transportation questions should be directed to the ASA/Program Support Center.
  3. OpDivs/StaffDivs must follow the HHS Travel Policy for international travel requirements, including Passports; Visas; medical clearance and immunizations; completion of HHS Office of National Security safety/security briefings, and Dept. of State Foreign Service Institute training; overseas tour renewal travel (i.e., return home), etc.
  4. Public Health Service (PHS) employees working overseas are additionally authorized by 42 U.S.C. §242l(c) the following travel allowances and related expenses given to Dept. of State Foreign Service employees under 22 U.S.C. §§4081 and 4082. (For the purposes of this policy, ‘Department’ is defined as HHS; ‘member of the Service’ is a PHS employee; and ‘Foreign Service post’ is an overseas duty location under 22 U.S.C. §§4081-82.)
    1. Travel and Related Expenses. In addition to the travel and related expenses authorized by the HHS Travel Policy, OpDiv/StaffDiv Heads or written designee may authorize the payment of costs and expenses listed under 22 U.S.C. §4081 incurred by PHS employees and their families.
    2. Basic Household Furnishings. OpDiv/StaffDiv Heads or written designee may loan PHS employees on appointments with an overseas duty location basic household furnishings and equipment for use in personally owned or leased residences (22 U.S.C. §4082).

  5. HHS employees on an overseas assignment are subject to the applicable ethics statutes and regulations including: 18 U.S.C. §§ 201-227 – Criminal Conflicts of Interest; 5 U.S.C. app. – Ethics in Government Act of 1978; 5 U.S.C. §§ 7321-7326 and 5 CFR Part 734 – Hatch Act and implementing Political Activities Regulation; 5 U.S.C. § 7342 – Foreign Gifts and Decorations Act; 5 U.S.C. § 7353 – Gifts to Federal Employees; 41 U.S.C. §§ 2101-2107 – Ethics provisions of the Procurement Integrity Act; 5 CFR Part 735 – Employee Responsibilities and Conduct; 5 CFR Part 2634 – Executive Branch Financial Disclosure and Related Requirements; 5 CFR Part 2635 – Standards of Ethical Conduct for Employees of the Executive Branch; 5 CFR Part 5501 – HHS Supplemental Standards of Ethical Conduct; and 5 CFR Part 5502 – HHS Supplemental Financial Disclosure Reporting Requirements.

    The servicing ethics office of the employing OpDiv/StaffDiv is responsible for communicating these requirements to their employee. Questions should be directed to the servicing Deputy Ethics Counselor and/or Ethics Coordinator, a list of whom can be found at: https://www.hhs.gov/about/agencies/ogc/contact-ogc/agency-deputy-ethics-counselors-and-ethics-coordinators/index.html.

  6. Employees are subject to the provisions of 5 U.S.C. Chapter 73, which regulates employee suitability, security, and conduct, including restrictions on political activity, and agency standards of conduct regulations.
  7. HHS employees must also follow the Dept. of State Chief of Mission security policies when working overseas. See Dept. of State’s Foreign Affairs Manual, Chief of Mission Authority, Security Responsibility and Overseas Staffing, June 10, 2020 for additional information.

301-1-110 Documentation, Reporting, and Accountability

  1. Records associated with personnel actions, including service agreements, and all documentation sufficient for third party reconstruction purposes, must be retained in recruitment case files according to National Archives and Records Administration (NARA) general records schedule:
    1. Merit Promotion case files, destroy 2 years after selection certificate is closed or final settlement of any associated litigation; whichever is later;
    2. Delegated Examining case files, destroy 3 years after selection certificate is closed or final settlement of any associated litigation; whichever is later; and
    3. Excepted Service case files, destroy 2 years after candidate enters on duty, is no longer under consideration, or declines offer (unless the appointment is via Schedule A, Persons with Disabilities, 5 CFR 213.3102(u), then destroy 5 years after candidate enters on duty, is no longer under consideration, or declines offer).
  2. Records involved in litigation and grievance processes may be destroyed only after official notification is received from OPM, Department of Justice, courts, or the Office of the General Counsel, etc. that the matter has been fully litigated, or resolved and closed.
  3. OpDivs/StaffDivs submit bi-annual overseas hiring plans to the Office of Global Affairs (OGA) no later than October 1 of each year at os-oga-hhs-globalstaffing@hhs.gov. Questions concerning this reporting requirement should be directed to the OGA.
  4. ASA/OHR may conduct periodic accountability reviews to analyze compliance with this Instruction, HHS and OPM policy and guidance, and applicable federal laws and regulations.

Endnotes

1 For overseas limited appointments, overseas is defined as positions in foreign countries and in other areas beyond the continental limits of the U.S., except Hawaii, Puerto Rico, the Virgin Islands, and Alaska, and on the Isthmus of Panama (5 CFR Part 8).

2 Within the continental U.S., or Hawaii, Puerto Rico, the Virgin Islands, Alaska, or on the Isthmus of Panama.

3 U.S. national is a person born in American Samoa or Swains Island.

Content created by Office of Human Resources (OHR)
Content last reviewed