HHS Domestic Employees Teleworking Overseas (DETO) policy

Effective October 1, 2024

Background:

The Department’s purpose is to establish policy in compliance with 5 U.S.C. § 6502(b)(6), and the Office of Personnel Management (OPM) regulations governing telework (5 C.F.R. 531.605(d)); standardize teleworking of domestic employees abroad; bridge the gap between technology and business needs; assist with the challenge of keeping families together; and retain skilled workers. A Domestic Employee Teleworking Overseas (DETO) arrangement is not an employee entitlement but rather a limited- duration workplace flexibility option that the Department may consider which allows eligible HHS employees who are assigned to domestic positions to work remotely from a foreign location. Section 6202 of the Fiscal Year 2022 National Defense Authorization Act (Public Law 117–81, December 27, 2021) requires all Executive branch agencies to establish an agency DETO policy governing these arrangements.

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 guidance are in specific conflict with a Collective Bargaining Agreement (CBA), the provisions of the CBA govern for bargaining unit positions only.

This policy applies to DETO arrangements effective or renewed after the effective date of this policy. Any DETO arrangement currently in effect, even if not in compliance with this policy, may continue under the terms of the DETO agreement entered at the start of the DETO arrangement. A DETO agreement entered prior to the effective date of this policy must be renewed or extended in compliance with this policy.

On October 14, 2022, the Department of State (DOS) distributed an Executive Secretary Memorandum, entitled ‘Policy Requirements for Executive Branch Domestic Employees Teleworking from Overseas (DETO)’ also known as a DETO arrangement. The DOS policy requirements apply to all Federal agencies and are in addition to the requirements addressed in the Telework Enhancement Act of 2010, U.S. OPM DETO guidance, and HHS HR policy referenced in this policy.

DETO arrangements are rare in the Federal Government due to security concerns and costs to employing agencies. The OpDiv/StaffDiv’s Overseas Program Office should be consulted as early as possible in the process as it can take between six and twelve months or even longer to obtain DOS and all other necessary approvals.

Acronyms, Definitions and Working Terms Acronyms

COM: Chief of Mission
DETO: Domestic Employee Teleworking Overseas
DOD: U.S. Department of Defense
DOS: U.S. Department of State
DOS M/SS: U.S. Department of State, Management/Strategy and Solution 
ECC: Electronic Country Clearance
EFM: Eligible Family Member
GCC: Geographic Combatant Command 
MOU: Memorandum of Understanding
NSDD-38: National Security Decision Directive 38

Definitions and Working Terms

DETO is defined as an employee in a domestic position who is teleworking for a federal agency from an overseas location. An HHS Employee may be approved for a limited- duration workplace flexibility to perform domestic work requirements and duties remotely from the approved foreign alternate work site. The HHS employee must be accompanying their spouse (referred to as the “sponsoring employee”) on a U.S. Government assignment to a foreign location.

HHS/DOS DETO Agreement: An official agreement that details a set of requirements, terms, and conditions of the DETO arrangement.

DETO arrangement: A DETO arrangement allows the employee to carry out the duties of their domestic position from an approved foreign duty location as a remote worker. Employees are prohibited from entering a DETO arrangement at DOS designated unaccompanied or partially unaccompanied posts, or where an authorized or ordered departure is in effect.

DETO Memorandum of Understanding (MOU) (Department of Defense (DOD)) Specific): Agreement for HHS DETO approved employees whose U.S. Government spouse is assigned to a DOD Combatant Command and who are residing on DOD installations or DOD-provided housing in a foreign location. The OpDiv/StaffDiv must have a local security and safety MOU in place that addresses the provision of DOD security services. The MOU must be signed by DOD, the U.S. Embassy Management Office, DOS Diplomatic Security Office, DOS Regional Bureau and the employing OpDiv/StaffDiv.

DETO Official Worksite: The official worksite for a DETO is the place where the employee is approved to work domestically on a regular basis.

DETO Foreign Location Alternate Worksite: Also referred to as the overseas duty station. The approved foreign location, which is usually the foreign residence (home) of the sponsoring employee, is the site from which the HHS employee must perform the duties of their domestic position through remote work via the DETO arrangement. Employees may not perform their official duties from any other location (e.g., coffee shop, library, school, spouse’s office, etc.).

Independent DETO: An HHS employee not included on orders of a U.S. Government sponsoring employee. Independent DETOs are prohibited at HHS, except for the arrangement described in Section A.ii of this policy.

Partially Unaccompanied Post: A post at which only certain categories of family members or members of household are authorized to reside (e.g., only adults over 21 years of age, or only adults and non-school age children).

Sponsored DETO: An HHS employee who is the spouse of a sponsoring employee assigned to a foreign location and is on the U.S. Government orders of this sponsoring employee.

Sponsoring Employee: Either 1) a Federal Civil Service employee or USPHS Commissioned Corps Officers who is or will be assigned (not Temporary Duty Travel) to a U.S. mission abroad under Chief of Mission authority or an office of the American Institute in Taiwan, or 2) a DOD employee or uniformed service member who is assigned to a military base abroad or U.S. mission abroad.

Unaccompanied Post: A post at which no family members or members of household are authorized to reside.

Eligibility and Exclusions:

  1. Eligibility:
    1. Sponsored DETO. An HHS employee who is the spouse of a U.S. government employee or member of the armed services who has been assigned to a foreign post and the employee is included on their spouse’s permanent change of duty station (PCS) or DOD orders assigning them to a foreign post. This is a Sponsored DETO.
    2. Independent DETO. HHS will only consider approval for Independent DETO arrangements where an employee is listed on a spouse’s PCS or DOD orders, and the spouse has been requested to be seconded/detailed to an International Organization (IO) that is not subject to Chief of Mission (COM) authority. Department of State considers these arrangements Independent DETOs. These requests are less likely to present the security and liability concerns associated with other types of Independent DETOs because employees seconded/detailed to IOs, and their eligible family member spouses, will live in post-approved housing, will be covered by International Cooperative Administrative Support Services (ICASS), and are subject to the same provision of security of staff that fall under COM authority.
    3. In order to be eligible for a DETO arrangement, an HHS employee must be eligible to telework, and the position be approved for remote work in accordance with the HHS Instruction 990-1 Workplace Flexibilities.
    4. Before submitting a DETO request for consideration, the OpDiv/StaffDiv manager needs to review all aspects of the implications of approving DETO arrangements regarding how these will impact the office and affect the mission based on organizational needs.
    5. Positions that are supervisory in nature are eligible for a DETO arrangement. The expectation is that the supervisor will have the same core hours as the team they supervise.
    6. The DETO arrangement is not effective until the DETO Agreement receives all the necessary approvals, after which the HHS Overseas Program Lead will request NSDD-38 or eCC approval based on the duration of the arrangement. HHS Overseas Program Leads are required to initiate the NSDD38 process to DOS M/SS for DETOs longer than one year. For DETO’s less than one-year, an eCC is initiated and submitted for approval by the post.
  2. Exclusions:
    1. Independent DETOs, other than those described in A.ii above, are prohibited.
    2. Positions with duties that include reporting on or playing any substantive role in the policy or administrative issues pertaining to the country in which the DETO duty station is located are ineligible for a DETO arrangement in that country.
    3. Positions that require access to, and/or the handling of, classified material are generally ineligible for a DETO arrangement. However, if there is a compelling justification by the employing OpDiv/StaffDiv to allow the DETO arrangement, the DETO must perform all work from an embassy, consulate, or a mission to an international organization and applicable security standards must be met. In these cases, the employing OpDiv/StaffDiv must cover any support costs required to make such arrangements available to the DETO and include this information in the DETO Agreement. If, in very rare situations, the classified portion of the portfolio is removed to allow for the DETO arrangement, the DETO may be permitted to work at an alternate worksite, such as the sponsoring employee’s residence (home) in country, as opposed to being restricted to the embassy, consulate, or mission.
    4. Employees are prohibited from entering a DETO arrangement at DOS designated unaccompanied or partially unaccompanied posts, or where an authorized or ordered departure is in effect.

Duration

The duration of a DETO arrangement may not exceed the initial foreign location assignment duration of the sponsoring employee. Additional time may be requested by presenting an amended DETO Agreement and seeking permission from the Chief of Mission through the NSDD 38 approval process. This DETO extension process also applies in cases where the sponsoring employee has had their posting extended through an amendment of orders.

Termination

The DETO arrangement terminates automatically upon completion of the sponsoring spouse’s tour of duty. However, there are situations in which a DETO can be terminated early at the request of the DETO employee or the DETO employee’s OpDiv/StaffDiv.

  1. A DETO employee may cancel a DETO Agreement at any time with prior notification to their supervisor of at least two (2) pay periods. Once so notified by the employee, the supervisor must notify the HHS Overseas Program Lead, who is in turn responsible for notifying M/SS to ensure that the NSDD 38 action is terminated.
  2. The DETO agreement may be cancelled or amended based reasons listed in Section 990-1-140 of HHS Instruction 990-1, Workplace Flexibilities, with prior notification of at least 2 pay periods.
  3. Upon termination of a DETO arrangement, the employee will return to their official domestic duty location prior to the DETO arrangement.
  4. The employee’s supervisor is required to notify the timekeeper and employing OpDiv/StaffDiv HR Specialist/DETO coordinator of the effective end date of the DETO arrangement for purposes of effecting the SF-50, Notification of Personnel Action, documenting the change in duty station or resignation to the office domestic worksite.

Duty Station While in DETO Arrangement

Although the employee is not assigned or detailed to the overseas location, the employee's duty station is temporarily changed to the foreign location alternate worksite for the duration of the DETO arrangement, in accordance with OPM's DETO guidance.

Entitlements

The DETO employee is not eligible for any foreign allowance benefits or payments in their own right and may only receive such benefits as derived from the sponsoring employee in accordance with HHS Instruction 301-1, Overseas Employment. Under section 9717(b) of the FY 2023 NDAA, the DETO locality payment is equal to the lesser of—

(1) the amount of title 5 locality pay the employee would have been paid if the official duty station of the employee had not been changed to an overseas location under the DETO arrangement: or

(2) the amount of overseas locality pay the employee would be paid if the employee were an eligible member of the Foreign Service (i.e., designated class 1 or below for purposes of section 403 of the Foreign Service Act), as continued to be authorized under section 9802(c) of the FY 2023 NDAA and continuing resolutions for FY 2024. Even though HHS is not considered a part of the foreign service, for the purpose of determining which rate to pay the employee this must be looked at. Specifically, this is equal to 2/3 of the Washington DC area locality. Further, OPM has the published table on OPM Guidance, which is specific to #2 discussed here.

HR Centers are responsible for determining which one applies. A Civil Service employee whose position is not covered by title 5 locality pay program does not receive DETO locality pay because, under section 9717(b), an employee is entitled to the lesser of two amounts of locality pay—one of which is the locality pay that would have been paid under the title 5 locality pay authority (5 U.S.C. 5304 or 5304a) if the employee’s official duty station had not been changed from a U.S. location to a foreign location.

See also OPM DETO-Locality Pay for additional guidance, including processing personnel actions.

Funding

In the rare event that U.S. Embassy support is required to support the DETO’s official duties, the employing OpDiv/StaffDiv must make the determination to establish and fund an ICASS agreement with subscription to the relevant level(s) of support required to support the DETO’s official duties, for the DETO to be approved.

Foreign Location Alternate Worksite

DOS post management reserves the option to inspect alternate work sites during normal working hours with prior notice of at least 24 hours for purposes of compliance with the Office of Safety and Health Administration (OSHA) rules and regulations.

Responsibilities

  1. OGA Responsibilities:
    1. Maintain the HHS DETO Policy to ensure updates are communicated to OPDIVS/STAFFDIVS as necessary.
    2. Facilitate requests of any DETO submissions to an International Organization not currently listed on the DOS approved list, as necessary. OGA will assist in obtaining the necessary approval through DOS with the OpDiv/StaffDiv’s DETO Program Manager.
    3. Facilitate requests of DETO submissions when the employee’s spouse is being seconded/detailed to an International Organization and the employee is listed on a spouse’s orders, but the assignment does not fall under COM authority.
  2. OpDiv/StaffDiv Responsibilities:
    1. The OpDiv/StaffDiv DETO Program Manager (or Overseas Program Lead) will prepare the complete DETO package for submission within HHS and to DOS. This package includes the DETO Agreement, Workplace Flexibilities Agreement, Safety Checklist and required training confirmations. All personnel preparing to enter a DETO arrangement will complete or receive a waiver of all required overseas personal security training prior to their travel, including, when applicable, Foreign Affairs Counterterrorism Training (FACT) and/or the Counter Threat Awareness Training (CTAT) (previously High Threat Security Overseas Seminar (HTSOS)), and others as required by HHS, DOS, or COM. Costs associated with the security trainings outside of the OpDiv/StaffDiv should be covered by the employee’s spouse’s agency and be included in the U.S. government orders. The OpDiv/StaffDiv should expect and be prepared to cover any costs associated with trainings not covered in the spouse’s government orders.
    2. The OpDiv/StaffDiv DETO Program Manager (or Overseas Program Lead) will facilitate the process to obtain necessary approval within the respective division, when applicable, to include obtaining the necessary GFE (Government Furnished Equipment) as coordinated with the OpDiv/StaffDiv IT and Security office.
    3. Any TDY travel required to be conducted while on DETO will adhere to the Federal Travel regulations (41 CFR Subchapter F) and the HHS Travel Policy Manual.
  3. HR Center Responsibilities:
    1. Obtain position approval for remote work, if necessary, prior to the start of the DETO arrangement, in accordance with HHS Instruction 990-1, Workplace Flexibilities.
    2. Once the DETO has been approved, the OpDiv/StaffDiv HR Center will initiate appropriate actions to change the duty station of the employee and process applicable DETO Locality Pay (Comparability Pay) allowance to the Foreign Location Alternate Worksite.

Authorities

  1. Statutory authority governing telework - 5 U.S.C. Chapter 65 (5 U.S.C. §§ 6501- 6506) https://www.govinfo.gov/content/pkg/PLAW-111publ292/pdf/PLAW-111publ292.pdf.
  2. James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (FY 2023 NDAA, Public Law 117-263, Dec. 23, 2022.
  3. OPM regulations governing telework – 5 C.F.R. § 531.605(d).
  4. OPM guidance governing Domestic Employees Teleworking Overseas https://www.opm.gov/policy-data-oversight/pay-leave/pay-administration/fact-sheets/domestic-employees-teleworking-overseas-deto-locality-pay/
  5. Department of State, 3 FAM 2370: DOMESTIC EMPLOYEE TELEWORKING OVERSEAS (DETO) https://fam.state.gov/fam/03fam/03fam2370.html#M2370
  6. Department of State Cable: 15 STATE 18758, February 23, 2015 Subj: New NSDD38 and Country Clearance Requirements for Domestic Employees Teleworking Overseas (DETOs)
  7. Department of State (DOS) distributed an Executive Secretary Memorandum, October 14, 2022 - Subj: Policy Requirements for Executive Branch Domestic Employees Teleworking from Overseas (DETO).
  8. Department of State Cable: 16 STATE 105658, September 22, 2016 - Subj: Domestic Employee Teleworking Overseas (DETO) Policy Guidance for Chiefs of Mission.
  9. Security standards applicable to Executive Branch agencies under U. S. COM authority are specified in 12 FAM 300 Physical Security Programs. https://fam.state.gov/fam/12fam/12fam0310.html.
  10. HHS Instruction 990-1, Workplace Flexibilities
  11. OPM Guidance Domestic Employees Teleworking Overseas (DETO) – Locality Pay
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