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

Material transmitted:.

Department of Health and Human Services (HHS) Instruction 300-3, Details and Intergovernmental Personnel Act (IPA) Assignments, dated 01/18/2023.

HHS-69, Intergovernmental Personnel Act (IPA) Agreement, dated 01/2023

Material Superseded:

HHS Instruction 300-3, Details and Intergovernmental Personnel Act (IPA) Assignments, dated 07/22/2022

Background:

This policy updates HHS OpDiv/StaffDiv ethics responsibilities for details and IPA assignments and establishes a requirement to use form HHS-69, IPA Agreement (2023 or later), for all IPA assignments, extensions, or modifications to ensure IPA assignments meet federal laws and regulations, including the ethics and conflict of interest statutes and regulations.

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.

Dr. Kimberly A. Steide

W. Robert Leavitt Deputy Assistant Secretary for Human Resources Chief Human Capital Officer

300-3-00 SECTIONS

300-3-10 Purpose 300-3-20 Coverage and Exclusions 300-3-30 References 300-3-40 Definitions 300-3-50 Responsibilities 300-3-60  Employee Details 300-3-70 Intergovernmental Personnel Act (IPA) Assignments 300-3-80 Reimbursable and Non-reimbursable Agreements 300-3-90 Documentation and Accountability

300-3-10 Purpose

This Instruction implements the Department of Health and Human Services (Department or HHS) policy on employee details and Intergovernmental Personnel Act (IPA) assignments.

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

300-3-20 Coverage and Exclusions

• Coverage . This Instruction covers employees defined under 5 U.S.C. §2105, except for those excluded below or otherwise excluded by the rules governing details and IPAs.
• Officers in the uniformed service of the U.S. Public Health Service Commissioned Corp (42 U.S.C. §204, et seq. )
• Political appointees are ineligible to serve on IPAs (i.e., Presidential Appointees with Senate confirmation (PAS), Presidential Appointees without Senate confirmation (PA), Non-career Senior Executive Service (NCSES), and Schedule C).
• PAS and PA appointees are ineligible to serve on details. (NCSES and Schedule C details are covered under Section 300-3-60 .)
• Employees of non-federal organizations who are assigned to HHS under contractual agreements, i.e., contractors.
• The provisions of this Instruction pertaining to conditions of employment of bargaining unit employees are fully negotiable in accordance with 5 U.S.C. Chapter 71, and such actions require notification to labor organizations when impacted employees are bargaining unit employees. When the provisions of this Instruction differ from the requirements contained in applicable collective bargaining agreement(s), the collective bargaining agreement takes precedence for bargaining unit employees.

300-3-30 References

• 2 United States Code (U.S.C.) §4301(i), Committee Staffs
• 3 U.S.C. §112, Details of Employees of Executive Departments
• 5 U.S.C. §7106, Management Rights
• 5 U.S.C. §2105, Employee
• 5 U.S.C. §3341, Details within Executive or Military Departments
• 5 U.S.C. §3343, Details to International Organizations
• 5 U.S.C. §3344, Details, Administrative Law Judges
• 5 U.S.C. §§3371-3376, Assignments To and From States (IPA)
• 31 U.S.C. §1301, Application (of appropriations) (i.e., the Purpose Statute)
• 31 U.S.C. §1535, Agency Agreements (i.e., the Economy Act)
• 31 U.S.C. §1536, Crediting Payments Between Executive Agencies (i.e., the Economy Act)
• 42 U.S.C. §215, Detail of Public Health Service Personnel
• 5 Code of Federal Regulations (CFR) §6.5, Assignment of Excepted Service Employees
• 5 CFR Part 300, Subpart C, Detail of Employees
• 5 CFR §317.903, Senior Executive Service (SES) Details
• 5 CFR Part 334, Intergovernmental Personnel Act
• 5 CFR §335.103, Agency Promotion Programs
• 5 CFR §§352.301-306 and 314, Detail of Employees to International Organizations
• Detail of Law Enforcement Agents to Congressional Committees , 12 Op. Office of Legal Counsel (O.L.C.) 184, 1988 WL 391014 (Sept. 13, 1988) (employee details to the Legislative Branch)
• Reimbursement of the Internal Revenue Service for Investigative Services Provided to the Independent Counsel , 12 Op. O.L.C. 233, 1988 WL 391018 (Sept. 30 , 1988 ); see also Reimbursement for Detail of JAG Corps Personnel to US Attorney’s Office, 13 Op. O.L.C. 188, 1989 WL 595823 (June 27, 1989) (reimbursement for details)
• OPM SES Desk Guide (details)
• HHS Financial Management Directives and Guidance (interagency agreements)
• HHS Travel Policy (payment of travel and transportation expenses)
• Memo from HHS Deputy Assistant Secretary for Human Resources, Delegation of Human Resources Authorities , dated May 9, 2022.

300-3-40 Definitions

• Agency . An Executive Department or Agency, as defined in 5 U.S.C. §§101 and 105 (i.e., HHS).
• Days . Calendar days.
• Detail . A temporary assignment to a different position for a specified period. A federal 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 a detail, federal employees return to their official position of record. See Section 300-3-60.
• IPA . The Intergovernmental Personnel Act (IPA) allows for the temporary assignment via a detail or temporary appointment 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 defined in 5 U.S.C. §3371 and 5 CFR Part 334. At the end of an IPA assignment, federal employees return to their official position of record or are reassigned to a position of like pay and grade (5 CFR §334.107(b)). See Section 300-3-70.
• Administration for Strategic Preparedness and Response (ASPR);
• Office of Global Affairs (OGA);
• Agency for Healthcare Research and Quality (AHRQ);
• Agency for Toxic Substances and Disease Registry (ATSDR);
• Centers for Disease Control and Prevention (CDC);
• Food and Drug Administration (FDA);
• Health Resources and Services Administration (HRSA);
• Indian Health Service (IHS);
• National Institutes of Health (NIH); and
• Substance Abuse and Mental Health Services Administration (SAMHSA).

300-3-50 Responsibilities

• Immediate Office of the Secretary (IOS). HHS’ White House Liaison initiates details of Non- career SES and Schedule C political employees with OpDiv/StaffDiv HR Centers, adhering to the detail rules covered in this policy ( Section 300-3-60 ).
• Establishes Department-wide HR policy and guidance consistent with HHS and OPM policy and guidance, and all applicable federal laws and regulations.
• Submits for OPM approval requests to detail an excepted service employee to a competitive service position.
• Submits for OPM approval requests for SES details exceeding 240 days if the detail is for either: a) A non-SES employee to an SES position that supervises other SES positions; or b) An SES employee to a position at the GS-15 or equivalent level or below.
• Approves requests for details and extension of details to the White House and Congressional Committees, with the concurrence by the Assistant Secretary for Legislation, prior to the start date.
• Submits for OPM approval a request of a federal employee to participate in the IPA program more than a total of six (6) years during their federal career.
• Periodically reviews OpDiv/StaffDiv details and IPA assignments to assure conformance with HHS and OPM policy and guidance, and all applicable federal laws and regulations.
• Reviews and gives concurrence/non-concurrence on detail and extension requests to Congressional Committees.
• Notifies the Congressional Committee Chairman by letter of detail approvals.
• Reviews and gives concurrence/non-concurrence on detail requests from an OpDiv/StaffDiv Head or written designee to international organizations.
• Obtains concurrence by the HHS Secretary to request Secretary of State approval to extend a detail to an international organization beyond five (5) years, in cases where the extension is in the national interest. If the HHS Secretary concurs, submits request to the Department of State for approval.
• Obtains Dept. of State approval for international organizations not currently on the Dept. of State’s approved organization list, at the request of the OpDiv/StaffDiv Human Resources Center.
• Comply with this Instruction, any HHS and OPM policy and guidance, and all applicable federal laws and regulations.
• Ensure internal guidance or standard operating procedures on details and IPA assignments adhere to this policy.
• Work with their servicing organizations to ensure funds for details and IPA assignments are only used for purposes authorized by appropriation (i.e., appropriations of the loaning OpDiv/StaffDiv can only be used to support programs/activities that have been authorized thru appropriation by Congress). See Section 300-3-80.
• Ensure signed agreements are in place prior to the effective date of details and IPAs in accordance with the requirements under Sections 300-3-60 and 300-3-70.
• Work with their servicing ethics office(s) to ensure: a) detailees and IPA participants complete a financial disclosure report, as required; b) detailees and IPA participants are counseled prior to the effective date of the detail or IPA assignment on applicable ethics statutes and regulations, including the criminal conflict of interest statutes and Standards of Ethical Conduct for Employees of the Executive Branch; and for IPA assignments, c) the Deputy Ethics Counselor (DEC) or Ethics Coordinator (EC) of the servicing ethics office has certified, as required, that IPA participants have been so counseled and that there are no conflicts of interest with the duties and responsibilities of the proposed IPA assignment. See Sections 300-3-60 and 300-3-70.
• Submit requests to [email protected] for OPM approval of details of certain excepted service employees to competitive service positions prior to the effective date. See Section 300-3-60.
• Submit requests to [email protected] for OPM approval of SES details exceeding 240 days if the detail is for either: a) A non-SES employee to an SES position that supervises other SES positions; or b) An SES employee to a position at the GS-15 or equivalent level or below.
• Submit detail and extension requests to the White House and Congressional Committees to [email protected] prior to the start date.
• Submit requests to [email protected] for OPM approval of a federal employee to participate in the IPA program more than a total of (6) years during their federal career.

300-3-60 Employee Details

• Management may utilize details to address emergency or temporary workforce needs; to offset temporary staffing or workload imbalances; or to address short-term special projects or studies, unless the law or regulation authorizing the detail specifies a different purpose (e.g., 42 U.S.C. §215). The decision to detail an HHS employee is discretionary and based on the ability of the employing OpDiv/StaffDiv to spare the employee’s services without detriment to the office’s work and without requiring it to hire additional staff. Details are not used to circumvent the competitive selection or classification process. For the Indian Health Service: Details are also not used to circumvent Indian Preference laws or regulations (25 U.S.C. §§5116, 5117 and 5129, and 42 CFR §§136.41-43). Input from the HHS employee should be considered before implementing a detail.
• An employee may be detailed to a position with duties that are classified at a higher grade, a lower grade, or at the same grade level as the employee’s official position.
• An employee is not required to meet time-in-grade or minimum qualification requirements of the position to which the employee is detailed, but must meet the education, licensure and certification requirements for the position to which detailed.
• A detail may be to a position with unclassified duties, i.e., the duties to be performed on detail may or may not be duties described in an officially established position description (PD). A statement of duties must be prepared, prior to the detail, by the gaining office.
• Employees remain in their official position of record while on detail including for the purposes of the computation of basic pay, promotion, retirement, benefits, bargaining unit status, compensation for injury or death, and military benefits. Service while on detail is credited for time-in-grade purposes at the grade of the position the employee officially holds.
• An employee’s Fair Labor Standards Act (FLSA) exemption status may be affected when a detail exceeds 30 consecutive days and the temporary duties meet the criteria described in 5 CFR §551.211.
• The employee’s permanent organization is responsible for ensuring the employee on detail receives appropriate consideration for promotions in their official position of record (5 CFR §335.103(b)(2)) and is kept informed of training opportunities.
• Performance management and appraisal requirements must comply with HHS Instruction 430-1, Performance Management Appraisal Program, or HHS Instruction 430-6, SES Performance Management Program, as applicable.
• All employees must meet the applicable personnel security requirements of the detail assignment prior to commencement of a detail.
• Employees remain subject to applicable ethics statutes and regulations while on detail 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 C.F.R. 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 C.F.R. Part 735 – Employee Responsibilities and Conduct; 5 C.F.R. Part 2634 – Executive Branch Financial Disclosure and Related Requirements; 5 C.F.R. Part 2635 – Standards of Ethical Conduct for Employees of the Executive Branch; 5 C.F.R. Part 5501 – HHS Supplemental Standards of Ethical Conduct; and 5 C.F.R. 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.
• Employees on detail remain 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.
• A detail ends upon the Not-To-Exceed (NTE) date documented on the Standard Form (SF) 50 or SF-52 unless an extension is approved. Requests for extending details must be made prior to the NTE date of the detail. See also Section 300-3-90, Documentation.
• A detail may be terminated, at the discretion of the loaning or gaining organization, prior to the documented NTE date.
• Employees return to their official position of record upon the detail’s NTE date or early termination of the detail.
• Details within HHS must be reimbursable with few exceptions. For additional information, see Section 300-3-80, Reimbursable and Non-reimbursable Agreements.
• Work Restriction. 5 U.S.C. §3341(a) does not allow an agency to detail employees who are required by law to be exclusively engaged in specific work. Accordingly, an HHS employee who is appointed by an authority that specifies the type of work to be performed cannot be detailed. This legal prohibition applies to all HHS employees, including politicals and employees appointed via a non-Title 5 hiring authority.
• Details to a position at the same or lower grade level may be made without competition for up to 120 days and can be extended in no more than 120-day increments to meet the organizational needs of both the gaining and lending offices/divisions (5 U.S.C. §3341).
• Details to a higher-graded position, or to a position with higher promotion potential , may be made without competition for up to 120 days. When computing the total time served on a detail, noncompetitive details to higher graded positions and noncompetitive time-limited promotions within the prior 12-month period count toward the 120-day total (5 CFR §335.103(c)(1)(ii)).
• A detail more than 30 days but less than 120 days to a higher-graded supervisor or manager position should be rotated among eligible staff. Consideration should also be given to a time-limited promotion under 5 CFR §335.102(f).
• Competitive service employees may be detailed to competitive service or excepted service positions.
• Excepted service employees may be detailed to a position in the excepted service.
• An excepted service employee hired via a Schedule A authority (i.e., a government-wide Schedule A authority under 5 CFR §213.3102 or an OpDiv/StaffDiv-specific Schedule A authority);
• A Schedule B authority (under 5 CFR §213.3202);
• A Schedule D authority (Pathways Programs under 5 CFR §213.3402(a-c)); or
• A Veterans Recruitment Appointment (P.L. 107-288) may be detailed to a competitive service position without prior OPM approval.
• Information on the excepted service position (appointment authority and employee’s position of record, including title, series, grade level, and organization);
• Information on the competitive service position that will be filled (title, series, grade, and organization);
• Purpose of the detail or the duties to be performed during the detail;
• Reason why a competitive service employee cannot serve in the detail (e.g., special skills/competencies the excepted service employee will bring to the competitive service position); and
• OpDiv/StaffDiv HR Director approval.
• Details of an SES employee to a position classified at the SES-level may be made for up to 120 days and can be extended in no more than 120-day increments to meet the organizational needs of both the gaining and lending offices/divisions.
• Details of an SES employee to unclassified duties may be made in no more than 120-day increments and cannot exceed 240 days. For details exceeding 240 days, the HR Center is required to determine if the unclassified duties are at the SES level. If at SES level, the HR Center must request an SES allocation at [email protected] to establish a SES position to continue the detail. If below the SES level, OPM approval is required for a detail extension to a position at the GS-15 or equivalent level or below (see (a)(v) immediately below for instructions).
• An SES employee may not be detailed to a series of positions with unclassified duties, or a series of positions at the GS-15 or equivalent level, to ‘restart’ the 240-day clock.
• Details of a non-SES employee to a SES position must be made in no more than 120-day increments and cannot exceed 240 days. Competitive procedures must be followed when the detail exceeds 240 days unless the employee is eligible for a noncompetitive career SES appointment (i.e., a SES Candidate Development Program graduate or a former SES Career employee with noncompetitive reinstatement eligibility). OpDiv/StaffDivs cannot intentionally create a break before 240 consecutive days to ‘restart’ the 240-day clock. Competition is not required to detail a different employee to the SES position.
• OPM must approve details more than 240 days if the detail is either : a) A non-SES employee to an SES position that supervises other SES positions; or b) An SES employee to a position at the GS-15 or equivalent level or below. HR Centers must send such requests with the following information to [email protected]: a) A memorandum from the OpDiv/StaffDiv Head or written designee requesting extension and approval of the detail; b) A detailed written justification outlining the circumstances requiring the extension, including proposed number of days up to a maximum of 120 days; c) A written description of how the position’s duties have been performed since vacant and alternatives the OpDiv/StaffDiv considered before making the extension request; and d) The OpDiv/StaffDiv organization chart, and name and appointment type of the official who supervises the employee on detail.
• Details of SES employees cannot be used to circumvent the advance notice requirements for SES reassignments, or the 120-day moratorium on involuntary reassignments following the appointment of a new HHS Secretary or non-career supervisor (PAS, PA, NCSES).
• Any SES employee or non-SES employee may be detailed to a SES General position.
• Only a Career SES employee or a career-type non-SES employee (i.e., a Competitive or Excepted Service employee in Tenure Group 1 or 2, see OPM.gov/Data Standards/Tenure for definitions) may be detailed to an SES Career Reserved position.
• A Non-career SES (NCSES) employee cannot be detailed to a competitive service position.
• An SES Limited Term employee can be detailed to a different SES General position if the duties of the SES General position will expire at the end of three (3) years or less;
• An SES Limited Emergency employee may be detailed to a different SES General position to meet an urgent, unanticipated bona-fide need; and
• SES Limited employees cannot be detailed to a position that does not meet the same conditions that supported OPM’s approval of the SES Limited Term or SES Limited Emergency allocation. This does not prevent temporary ‘acting’ assignments, i.e., the short-term absence of another executive. (OPM SES Desk Guide)
• Administrative Law Judges may be detailed in accordance with the rules described under 5 U.S.C. §3344 and 5 CFR §930.207.
• Details to other agencies must be reimbursable with few exceptions. For additional information, see Section 300-3-80, Reimbursable and Non-reimbursable Agreements.
• OpDiv/StaffDiv Head or written designee may detail an employee to another federal agency with the agreement of the Secretary or organization head of the other agency when the detail supports the U.S. Government and appropriated funds are available.
• Competitive and excepted service employees : a) Details to the same or lower grade may be made for up to 180 days and can be extended for periods that meet the organizational needs of both the gaining and lending agencies. b) Details to a higher-graded position, or to a position with higher promotion potential, can be made without competition for up to 120 days. When computing the total time served on a detail, all noncompetitive details to higher-graded positions and noncompetitive time-limited promotions within the prior 12-month period count toward the 120-day total (5 CFR §335.103(c)(1)(ii)). c) PHS employees detailed to other federal agencies via 42 U.S.C. §215 follow the rules in this Section under (C)(4) below.
• SES employees : Details to a position classified at the SES-level may be made in no more than 120-day increments and can be extended for periods that meet the organizational needs of both the gaining and lending agencies. SES details are also limited by the rules described in this Section under (B)(4) above.
• An OpDiv/StaffDiv Head or written designee may authorize the detail of eligible employees (defined in (2)(c)) only to international organizations approved by the Department of State, with the concurrence of the Office of Global Affairs (OGA) prior to the effective date of the detail. Requests are submitted to OGA by the servicing HR Center at os-oga-hhs- [email protected].
• Eligible international organizations approved by Dept. of State for details under 5 CFR Part 352, Subpart C, are at: https://iocareers.state.gov/Main/Content/Page/approved- international-organizations. Requests to obtain Dept. of State approval for organizations not on approved list, must be submitted to OGA at [email protected].
• Eligible Employees . All employees are eligible for international details except the employees listed under 5 CFR §352.305, i.e., a person serving on a temporary appointment; an SES employee on a non-career, limited emergency, or limited term appointment; a Presidential appointment; or a Schedule C appointment.
• Employees may serve on details to international organizations for up to five (5) consecutive years. The Secretary of State, upon the recommendation of the HHS Secretary, may approve an extension up to three (3) additional years if the detail extension is in the national interest. Extension requests are submitted by the HR Center to OGA at [email protected] no later than three (3) months before the expiration of the current detail, and must include a justification why the extension request is needed; the extension request from the international organization; and the finance agreement between the OpDiv/StaffDiv and the international organization, see Section 300-3-80.
• Employees cannot serve longer than a total of eight (8) years on international details (or combination of details and transfers) during their entire federal career. (Transfers to international organizations are covered by 5 CFR §§352.307-314 and HHS Instruction 301-1, Overseas Employment.)
• Details to international organizations via 5 CFR Part 352, Subpart C, may be reimbursable or non-reimbursable, in accordance with 5 U.S.C. §3343(d-e) and Section 300-3-80.
• The Dept. of State foreign country clearance requirements apply to all U.S. government employees working overseas. See HHS Instruction 301-1, Overseas Employment, for requirements or consult OGA at [email protected].
• An OpDiv/StaffDiv Head or written designee may occasionally recommend one of their employees be detailed to an office listed in (3)(a) immediately above.
• Details after the first 180 days must be reimbursable to the Department, except when the requirements described in Section 300-3-80(B)(5) are met.
• When the employee is performing work that would otherwise by performed by WH staff, reimbursement for the salary of the HHS employee/detailee is required for any period occurring after the first 180 days after the employee is detailed during any fiscal year.
• A detail to a WH office not listed in (3)(a) above who asserts it is not covered by 3 U.S.C. §112 and therefore not required to reimburse the employing OpDiv/StaffDiv is only permissible if the requirements described in Section 300-3-80(B)(5) are met.
• Must be initiated by the Senate or House of Representatives, via the HHS Assistant Secretary for Legislation, by written invitation.
• Require the written consent of the Committee on Rules and Administration of the Senate or the Committee on House Oversight of the House of Representatives prior to the effective date.
• Must be carried out on a reimbursable basis ( Detail of Law Enforcement Agents to Congressional Committees , 12 Op. O.L.C. 184, 1988 WL 391014 (Sept. 13, 1988)).
• Competitive and excepted service employees : a) Details to the same or lower grade may be made for up to 180 days and can be extended for periods that meet the organizational needs of both the WH or Congress and the employing HHS OpDiv/StaffDiv. b) Details to a higher-graded position, or to a position with higher promotion potential, can be made without competition for up to 120 days. When computing the total time served on a detail, all noncompetitive details to higher-graded positions and noncompetitive time-limited promotions within the prior 12-month period count toward the 120-day total (5 CFR §335.103(c)(1)(ii)). c) PHS employees detailed to Congressional committees via 42 U.S.C. §215 follow the rules in this Section under (C)(4) immediately below.
• SES employees : Details to a position classified at the SES-level may be made in no more than 120-day increments and can be extended for periods that meet the organizational needs of both the WH or Congress and the employing HHS OpDiv/StaffDiv. SES details are additionally limited by the rules described in this Section under (B)(4) above.
• Employee’s full name;
• The WH or Congressional Committee Office;
• Description of the duties that support HHS’ or the employing OpDiv/StaffDiv’s mission;
• The proposed start date and duration of the detail;
• A completed interagency agreement or MOU, as applicable (see Section 300-3-80 );
• For Details to Congress (unless the detail is via 42 U.S.C. §215 explained in (C)(4) immediately below): A copy of the Congressional Committee’s written request for the employee’s services; and
• For WH Offices who are not covered by 3 U.S.C. §112 : The statutory authority that explicitly authorizes the detail and explicitly says the WH office does not reimburse loaning agencies for details; or a description of the functions of the detail demonstrating the duties are directly related to the OpDiv/StaffDiv’s appropriations and the detail will assist the OpDiv/StaffDiv in accomplishing programs/activities authorized by appropriation.
• Due to the substantial ethical concerns such details raise, recommendation and/or approval may be given only after a careful examination of the duties to be performed and consideration of any Departmental conflicts of interest that may arise from the detail assignment.
• Another Executive Department, upon the request of that Department Head, to cooperate in or conduct work related to, the functions of the requesting Department or the PHS. See Section 300-3-40 , Definitions, or 5 U.S.C. §101.
• State health or mental health authorities, upon the request of the State health authority, to assist the State, or a political subdivision of the State, in work related to the public health functions of the PHS. These details may only be made by the HHS Secretary or the Secretary’s designee, per 42 U.S.C. §§ 202, note and 215(b).
• Congressional committees and non-profit educational, research, or other institutions engaged in health activities, for special studies of scientific problems and for the dissemination of information relating to public health. These details may only be made by the HHS Secretary or the Secretary’s designee, per 42 U.S.C. §§ 202, note and 215(c).
• Approval . Details of PHS employees to the external organizations for the purposes described in (a) immediately above can be approved by the OpDiv/StaffDiv Head or written designee consistent with the Memo from HHS Deputy Assistant Secretary for Human Resources, Delegation of Human Resources Authorities , dated May 9, 2022. Due to the substantial ethical concerns such details raise, recommendation and/or approval may be given only after a careful examination of the public health duties to be performed and consideration of any Departmental conflicts of interest that may arise from the detail assignment. Approvals must be in writing and include the purpose of the detail, consistent with the requirements in this subsection (C)(4).
• Competitive and excepted service employee details to a higher-graded federal position, or to a position with higher promotion potential, can be made without competition for up to 120 days. (This restriction applies to the Executive Department and Congressional committee details described in (a)(i) and (iii) above.) When computing the total time served on a detail, all noncompetitive details to higher-graded positions and noncompetitive time-limited promotions within the prior 12-month period count toward the 120-day total (5 CFR §335.103(c)(1)(ii)).
• SES details are additionally limited by the rules described in this Section under (B)(4) above.
• Details to an overseas location (see (g) below).
• An OpDiv/StaffDiv Head or written designee may condition a detail to either (a)(ii) or (iii) above as reimbursable by the State, subdivision, or institution (42 U.S.C. §215(d)).
• Salary and allowances of a PHS employee detailed to another Executive Department described in (a)(i) above are paid in accordance with 42 U.S.C. §215(a).
• A PHS employee on a detail to either (a)(ii) or (iii) above is paid by PHS appropriations except when the employee is placed on leave without pay (LWOP), with the employee’s consent, and paid by the State, subdivision, or institution to which they are detailed (42 U.S.C. §215(d)). For Special Consultant employees appointed via 42 U.S.C. §209(f) , a LWOP arrangement may only be for a period NTE two (2) years but can be extended for additional periods NTE two (2) years each (42 CFR §22.5).
• PHS employee details within HHS . 42 U.S.C §215 does not authorize details within HHS; therefore, details within HHS must follow the rules (including time limits, restrictions, and applicable OPM approvals to a competitive service position) in this Section under (B) above.
• PHS employee details to the White House . Details to the WH are not authorized via 42 U.S.C. §215; therefore, WH details are made via 3 U.S.C. §112 and the rules described in this Section under (C)(3) above.
• PHS employee details to International Organizations are made via 5 CFR Part 352, Subpart C, and the rules described in this Section under (C)(2) above. Overseas Location: Details to an overseas location of an Executive Department, state health authority, or institution described in (a) above can be made via 42 U.S.C. §215 and do not require Dept. of State organization approval. However, the Dept. of State foreign country clearance requirements apply to all U.S. government employees working overseas. Details to overseas locations additionally must adhere the other requirements in HHS Instruction 301-1, Overseas Employment, including tour of duty limits.
• The general requirements for details in this Section (300-3-60(A)) and the rules for reimbursable and non-reimbursable agreements in Section 300-3-80 must be followed.
• Pathways participants (with the exception of Intern NTE) may be detailed for one (1) to six (6) months in duration within their employing OpDiv/StaffDiv, or anywhere within HHS. Details do not need to be in same occupation in which the participant will likely convert; however, must be for the purposes of providing the participant with valuable knowledge, skills, and experiences; to broaden their perspective of the OpDiv/StaffDiv and/or HHS mission; and to aid in their retention. Such details may be used to give the participant knowledge, skills, or abilities in another area of the functional discipline of the participant’s occupation, or in another OpDiv/StaffDiv with similar occupations, for example.
• Presidential Management Fellows (PMFs) may also be detailed to external organizations as part of their development, in accordance with 5 CFR §362.405(b)(4-5) and the rules described in HHS Instruction, 362-1, Pathways Programs.
• All other employee rotational assignments (i.e., details) as part of a formal training or development program must follow the rules in this policy, unless the program is authorized by a law or regulation that specifies separate rules for such rotational assignments.

300-3-70 Intergovernmental Personnel Act (IPA) Assignments

• The Intergovernmental Personnel Act (IPA) authorizes temporary assignments via detail or temporary appointment of permanent employees 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 (5 U.S.C. Chapter 33, Subchapter VI, and 5 CFR Part 334). The IPA program allows agencies to access expertise from outside the federal government and provide eligible federal employees with developmental opportunities.
• IPA assignments are initiated by management and must be mutually beneficial to both the employing OpDiv/StaffDiv and the non-federal organization. Assignments are voluntary and must be agreed to by the employee. Each IPA assignment must be examined to ensure it supports the participating organizations’ mission. Cost sharing arrangements are negotiated between the two participating organizations adhering to the requirements in this Section and Section 300-3-80. The OpDiv/StaffDiv may agree to reimburse the non-federal organization for all, some, or none of the costs of the assignment. (Questions on miscellaneous expenses not covered in this policy should be directed to the HR Center’s servicing finance staff. See Section 300-3-80(G). )
• Competitive Service Employees in Tenure Group 1 or 2;
• Excepted Service Employees in Tenure Group 1 or 2 (including equivalent tenured non-Title 5 employees, and excluding Indefinite, time-limited, PA/PAS, and Schedule C excepted service appointments);
• Career SES Employees (excludes Non-career, Limited Term or Limited Emergency SES); and
• Individuals employed for at least 90 days in a career position with a State, local, or Indian tribal government, institution of higher education, or other eligible organization.
• Eligible Organizations are State or local governments, colleges or universities, Indian tribal governments, or other organizations defined by 5 U.S.C. §3371 and described under 5 CFR §334.102. Organizations must be certified to participate in an IPA prior to assignment. HR Centers are responsible for verifying an organization’s eligibility and certifying the organization, if necessary, prior to the IPA assignment. Information listed under 5 CFR §334.103 is required from organizations requesting IPA certification. If an organization has previously been certified by a federal agency (or another OpDiv/StaffDiv), the certification is permanent. HR Centers may accept a copy of the federal agency’s or OpDiv/StaffDiv’s certification as proof of eligibility or require the organization to resubmit information to verify the organization still meets the criteria. The list of the National Science Foundation’s designated Federally Funded Research and Development Centers eligible for IPA participation can be found at NSF.gov.
• Federal Employees : Detail. With the consent of the employee, IPA assignments may also be made by placing the employee on leave without pay.
• Non-federal Employees : Detail or a temporary excepted service appointment.
• Work schedule : IPA assignments may be intermittent, part-time, or full-time.
• IPA assignments may be made for up to two (2) years and may be extended by the OpDiv/StaffDiv Head or written designee for an additional two (2) years when the extension benefits both organizations.
• IPA assignments of federal employees to Indian tribes or tribal organizations (defined at 5 U.S.C. §3371(2)(C)) may be made for up to two (2) years and may be extended for any length of time by the OpDiv/StaffDiv Head or written designee when the continuation of the assignment will benefit both the OpDiv/StaffDiv and the Indian tribe or tribal organization. If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the OpDiv/StaffDiv Head or written designee may assign the employee to complete the period of assignment and execute an agreement with the tribal organization with respect to the replacement employee. The new agreement may provide for a different period of assignment as agreed to by both the OpDiv/StaffDiv and the tribal organization. (5 U.S.C. §3372(a))
• OpDivs/StaffDivs cannot send or receive an individual on an IPA assignment if the individual has served four (4) continuous years on a single IPA assignment without at least a 12-month return to duty with his/her official employer. Consecutive IPA assignments without a break of at least 60 days is regarded as continuous service under IPA. (Assignments to Indian tribes or tribal organizations excluded.)
• Federal employees are prohibited from participating on IPA assignment(s) for more than a total of six (6) years during their federal career. HR Center requests to waive this provision must be submitted to [email protected] for OPM approval, consistent with 5 CFR §334.104. (Assignments to Indian tribes or tribal organizations excluded.)
• Federal employees on IPA assignments remain employees of HHS (i.e., their employing OpDiv/StaffDiv), occupying their official position of record, including for the purposes of the computation of basic pay, promotion, retirement, benefits, bargaining unit status, compensation for injury or death, and military benefits. Service while on an IPA assignment is credited for time-in-grade purposes at the grade of the position the employee officially holds. Employees are required to fulfill any mandatory training requirements while on assignment, and supervisors must consider employees for promotion (5 CFR §335.103(b)(2)). Employees return to their official position of record upon completion of assignment or are reassigned to a position of like pay and grade (5 CFR §334.107(b)).
• The rate of pay for a federal employee assigned to a federally funded research and development center may not exceed the rate of pay the employee would be paid for continued service in his/her HHS official position of record (5 U.S.C. §3372(e)(1)).
• Entitled to receive supplemental pay from their employing OpDiv/StaffDiv, if the state or local government rate of pay is less than the rate of pay the employee would have received had he/she not agreed to the IPA assignment. Supplemental pay is in amount equal to the difference between their official rate of pay and the state or local government rate (5 U.S.C. §3373(c)(1)); and
• Entitled to the continuation of federal health and life insurance as long as the employee continues to make employee contributions; and are entitled to credit for the period of the IPA assignment toward federal retirement and unemployment compensation as specified under 5 U.S.C. §3373(c)(3), except as limited therein.
• Rules on the election and receipt of benefits due to compensable injury or death are described under 5 U.S.C. §3373(d).
• See also OPM Fact Sheet: Effect of Extended LWOP on Federal Benefits and Programs.
• Non-federal employees may be detailed to competitive, excepted, or SES General positions.
• Non-federal employees detailed to a classified position earn the basic rate of pay, including locality, equal to the salary of the classified position. If the detailee’s non- federal salary is less than the minimum rate of pay of the classified position, the OpDiv/StaffDiv must supplement their non-federal salary to make up the difference. Supplemental pay cannot be paid in advance or in a lump sum and is not conditional on completion of the assignment. Supplemental pay may be paid directly to the detailee or reimbursed to the non-federal organization.
• Non-federal employees detailed to unclassified duties continue to be paid directly by their non-federal organization at a rate of pay based on the individual’s non-federal job.
• Non-federal employees detailed under IPA may supervise a project and perform certain team lead duties (e.g., set due dates, identify resources, track progress and the completion of work, etc.,); however, they cannot perform supervisory or team lead functions that impact an employee (e.g., assign roles, participate in performance reviews, recommend awards, take disciplinary action, approve/disapprove leave requests or personnel actions, etc.). In addition, non-federal employees cannot perform the inherently governmental functions as discussed in Public Law 105-270, Section 5, and Office of Federal Procurement Policy Letter 11-01, Performance and Management of Inherently Governmental and Critical Functions , (76 FR 56227-01) (Sept. 12, 2011), including but not limited to serving as a manager or supervisor; implementing or administering grants, contracts, policies; directly exerting control over appropriated funds; or signing personnel actions.
• Detailees generally have the same workweek and hours of duty as federal employees in the OpDiv/StaffDiv to which they are assigned unless the workweek of the permanent employees is shorter than the federal workweek by law or local ordinance. Detailees are eligible to telework and participate in alternate work schedule arrangements of the OpDiv/StaffDiv, consistent with HHS Instruction 990-1, Workplace Flexibilities.
• Non-federal employees detailed to HHS can receive recognition through letters of appreciation or commendation but are not eligible for incentive awards (5 U.S.C. Chapter 45) or Quality Step Increases (QSI).
• Non-federal employees who are placed on a temporary excepted appointment are considered temporary federal employees for the duration of the appointment and must meet the OPM qualification requirements for the series and grade of the position they are appointed to.
• Typically, a non-federal employee is appointed at the minimum rate of the grade being filled; however, if an OpDiv/StaffDiv wants to pay an advanced step rate for a position at GS-11 through GS-15 based on superior qualifications, it may do so in accordance with HHS Instruction 531-1, Setting Pay Based on Superior Qualifications or Special Needs.
• Non-federal employees who are placed on temporary appointments are entitled to cost- of-living allowances and other pay differentials (5 CFR Part 550); are eligible for incentive awards (5 U.S.C. Chapter 45); and earn leave in the same manner as other federal employees.
• Eligibility for within-grade increases (WGI) is dependent on the length of appointment; however, employees appointed to successive temporary appointments of one (1) year or less are not eligible for a WGI, even if the time under successive temporary appointments exceeds one (1) year.
• Non-federal employees appointed to a temporary appointment 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 (5 U.S.C. §3374).
• Non-federal employees placed on temporary appointments under IPA are not covered by any retirement system for federal employees, or by the Federal Employee Group Life Insurance Program.
• A non-federal employee placed on a temporary excepted service appointment under IPA may supervise HHS employees.
• Consult 5 U.S.C. §3374 for information on compensation for personal injury while on duty; death benefits; and for instances where a state or local government fails to continue employer contributions to retirement or benefit plans.
• Citizenship Requirement. The Consolidated Appropriations Act (i.e., the annual federal budget) prohibits federal agencies from compensating individuals who are not U.S. citizens or nationals for any federal position within the U.S., unless the agency has a statutory exemption to the ban. HHS does not have an exemption to compensate non-U.S. citizens in temporary appointments under IPA. OpDivs/StaffDivs who are considering appointing a non-U.S. citizen without pay to a temporary excepted service appointment under IPA or detailing a non-U.S. citizen to a federal position under IPA should consult the Office of the General Counsel prior to the effective date of the IPA assignment to ensure the action and any related payments are legally supportable with the Appropriations Act.
• Prior to the effective date of an IPA assignment, the assigned employee and the employing OpDiv/StaffDiv, the State or local government, Indian tribal government, institution of higher education, or other eligible organization must sign an IPA agreement listing the conditions and obligations of both parties (5 CFR §334.106).
• If the IPA assignment is reimbursable, a finance agreement must also be completed following the requirements in Section 300-3-80 of this policy.
• Form HHS-69, IPA Agreement (2023 or later), must be completed for all HHS IPA assignments, extensions, or modifications. The form contains the information required by OPM for IPA assignments and by the HHS Designated Agency Ethics Official to ensure proposed assignments will not violate conflict of interest statutes. HHS-69 can be found on HHS Intranet Forms and must be completed and signed by all parties listed on the form prior to the effective date of the IPA assignment.
• IPA agreements must be modified if there are significant changes to the agreement during the assignment (e.g., changes to employee's duties, responsibilities, salary, work assignment location, supervisory relationships, etc.). The servicing Deputy Ethics Counselor (DEC) or Ethics Coordinator (EC) must be consulted prior to implementing changes to the duties and responsibilities of an IPA assignment to ensure there are no conflicts of interest. A list of DECs and ECs can be found at https://www.hhs.gov/about/agencies/ogc/contact-ogc/agency-deputy- ethics-counselors-and-ethics-coordinators/index.html.
• Federal employees participating on an IPA assignment must agree to serve at HHS upon completion of the assignment for a period equal to the length of the IPA assignment. Employees are required to reimburse their employing OpDiv/StaffDiv for the cost of the assignment (not including salary and benefits) if the employee does not fulfill this agreement. The OpDiv/StaffDiv Head or written designee may waive this reimbursement requirement and reason(s) must be documented. (5 U.S.C. §3372 and 5 CFR §334.105)
• All individuals on an IPA assignment, whether assigned to HHS or to a non-federal organization, are subject to 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 C.F.R. 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 C.F.R. Part 735 – Employee Responsibilities and Conduct; 5 C.F.R. Part 2634 – Executive Branch Financial Disclosure and Related Requirements; 5 C.F.R. Part 2635 – Standards of Ethical Conduct for Employees of the Executive Branch; 5 C.F.R. Part   5501 – HHS Supplemental Standards of Ethical Conduct; and 5 C.F.R. Part 5502 – HHS Supplemental Financial Disclosure Reporting Requirements. IPA assignees are responsible for notifying their employing OpDiv/StaffDiv of any additional Government work they are engaged in or become engaged in during the assignment (e.g., detail with another federal agency, service on a federal advisory committee (FACA), volunteer work at another federal agency, etc.), and for obtaining any requisite approvals or waivers before engaging in such additional work. The servicing ethics office of the employing OpDiv/StaffDiv is responsible for communicating these requirements to the IPA assignee. (This information is covered on form HHS-69, IPA Agreement. )
• Non-federal employees on assignment to the federal government 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.
• HR Centers must consult/work with their finance, personnel security, ethics and labor and employee relations staff, and the Office of the General Counsel to implement an IPA agreement, including ensuring the servicing ethics office provides counseling on applicable ethics statutes and regulations and assigns a financial disclosure report for completion by an assignee to HHS, as required.
• An IPA assignment may be terminated at any time at the request of HHS or the non-federal organization. Where possible, the party requesting termination should provide a 30-day advance written notice to the other parties of the agreement.

300-3-80 Reimbursable and Non-reimbursable Agreements

• Funds for details and IPA assignments can only be used for purposes authorized by appropriation, i.e., the appropriations of the loaning OpDiv/StaffDiv can only be used to support programs/activities that have been authorized thru appropriation by Congress (31 U.S.C. §1301(a)).
• Details within HHS must be reimbursable. Exceptions to this rule are (5)(a) or (b) immediately below.
• Details to another agency must be reimbursable. Exceptions to this rule are (5)(a) and (b) immediately below. See Section 300-1-40 for agency definition.
• Details to Congressional committees under 2 U.S.C. §4301(f) must be reimbursable ( Detail of Law Enforcement Agents to Congressional Committees , 12 Op. O.L.C. 184, 1988 WL 391014 (Sept. 13, 1988)), see Section 300-3-60(C)(3). No exceptions.
• Details after the first 180 days must be reimbursable to the Department, except when the requirements in (5)(b) immediately below are met.
• A detail to a WH office not listed in (4) immediately above who asserts it is not covered by 3 U.S.C. §112 and therefore not required to reimburse the employing OpDiv/StaffDiv is only permissible if the requirements described in (5)(b) immediately below are met.
• Details to international organizations via 5 CFR Part 352, Subpart C, may be reimbursable or non-reimbursable (5 U.S.C. §3343(d-e)).
• PHS employee details to the external organizations listed in Section 300-3-60(C)(4) may be reimbursable or non-reimbursable (42 U.S.C. §215). For additional Title 42 reimbursement requirements, see Section 300-3-60(C)(4)(d). OR
• The functions of the detail are related to the loaning agency’s/division’s appropriations and the detail will assist the loaning agency/division in accomplishing programs/activities authorized by appropriation. ( Reimbursement of the Internal Revenue Service for Investigative Services Provided to the Independent Counsel , 12 Op. O.L.C. 233, 1988 WL 391018 (Sept. 30 , 1988 ); see also Reimbursement for Detail of JAG Corps Personnel to US Attorney’s Office, 13 Op. O.L.C. 188, 1989 WL 595823 (June 27, 1989))
• Cost sharing arrangements are negotiated between the two participating organizations following the requirements in this Section and Section 300-3-70. The OpDiv/StaffDiv may agree to reimburse the non-federal organization for all, some, or none of the costs of the assignment. (Questions on miscellaneous expenses not covered in this policy should be directed to the HR Center’s servicing finance staff. See (G) below.)
• Pay, travel and transportation expenses for federal employees on an IPA assignment to state or local governments may be reimbursable or non-reimbursable (5 U.S.C. §3373(b)).
• Travel and transportation expenses for individuals on an IPA assignment from federal, state, or local governments may be reimbursable or non-reimbursable (5 U.S.C. §3375).
• Payment of travel and transportation expenses is made consistent with the HHS Travel Policy.
• A federal employee may not receive pay in addition to the pay of their official position of record for performing the duties of another position (5 U.S.C. §5535(b)).
• Required Finance Agreement for Reimbursable Details and IPA Assignments . Inter or Intra Agency Agreements (IAA) are either between two federal agencies (inter-agency) or two HHS OpDiv/StaffDivs (intra-agency). IAAs describe the services to be performed; identify the legal authority to transfer funds from one appropriation to another; and must be executed and recorded prior to the start of the detail or IPA assignment in accordance with HHS Financial Management   Directives and Guidance (FMD&G), Chapter 2 Interagency Agreement, using the Department of Treasury forms required by the FMD&G.
• OpDiv/StaffDiv HR Centers should consult their division’s servicing finance staff on executing IAAs; how to document financial agreements with non-federal organizations ; and any questions on payment of expenses not covered in this policy. The legal and regulatory requirements covered in this policy regarding reimbursable and non-reimbursable expenses take precedence when there is a conflict with ASFR policy decisions. Per the FMD&G, HR Centers should notify their servicing finance officer of any such policy conflicts.
• Non-reimbursable Agreements . Participating organizations should execute a MOU for non- reimbursable details to document the terms of the detail. MOU examples can be found on OPM.gov. Non-reimbursable IPAs are documented via the IPA agreement, see Section 300-3-70.
• IPA Assignment : The service requirement is included on the IPA agreement, see Section 300-3-70, Required IPA Agreement.
• Non-Reimbursable Detail (outside of IPA) : A service requirement, if applicable, is documented on a Memorandum of Understanding (MOU), see H. immediately above.
• Reimbursable Details (outside of IPA) : HR Centers should consult their servicing finance office on how to document a service requirement, e.g., whether to include the requirement on the IAA, attach the service agreement to the IAA, etc.

300-3-90 Documentation and Accountability

• Chapter 11, Excepted Service Appointments . Temporary appointment of non-federal employees under IPA (5 U.S.C. §3374).
• Chapter 14, Details . A SF-50 or SF-52 is used, depending on type of action, and retained on the permanent side of the employee’s official personnel folder. In cases where the GPPA says no documentation is required, a SF-52 is used consistent with 5 U.S.C. §3341 which requires details to be documented in writing and approved by an agency official. 42 U.S.C. §215 is cited as the legal authority for details of PHS personnel to external organizations listed in Section 300-3-60(C)(4).
• Chapter 15, Placement on Non-Pay or Non-Duty Status . LWOP actions.
• Special Government Employees .   Remark code E21 should be used for individuals who are designated special government employees (SGE) as defined under 18 U.S.C. §202. Questions regarding the SGE ethics designation should be directed to an OpDiv/StaffDiv’s servicing ethics office. A list of servicing Deputy Ethics Counselors and Ethics Coordinators can be found at https://www.hhs.gov/about/agencies/ogc/contact-ogc/agency-deputy-ethics-counselors-and-   ethics-coordinators/index.html.
• Records, including IPA agreements (and any modifications), proof of IPA organization eligibility, financial agreements, and all documentation sufficient for third party reconstruction purposes, must be retained for a total of three (3) full years after completion of the detail or IPA assignment in accordance with this Instruction and 5 CFR §334.106(b). Records involved in litigation and grievance processes may be destroyed only after official notification is received from OPM, Department of Justice, courts, the Office of the General Counsel, etc. that the matter has been fully litigated, or resolved, and closed.
• ASA/OHR Policy and Accountability Division (PAD) or OPM may conduct accountability reviews to ensure compliance with this Instruction, HHS and OPM policy and guidance, and all applicable federal laws and regulations.

• Privacy Policy
• SB Order 2023
• Defence Order
• Housing Scheme
• Dearness Allowance

Handbook of Consolidated Instructions on Foreign Assignment 

Handbook of Consolidated Instructions on Foreign Assignment

No.12/34/2022-FA(UN) Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel and Training EO(FA-UN) ******

(Dated 23 December, 2022 )

OFFICE MEMORANDUM

Fundamental Instructions on Foreign Assignments

HANDBOOK OF INSTRUCTIONS ON FOREIGN ASSIGNMENTS

Table of Contents

Fundamental Instructions on Foreign Assignments  

Instructions on filling up of Foreign/Captive Posts of the GOI

Chapter-III

Instructions on Long-term International Assignments

Instructions on Short-term International Assignments

FUNDAMENTAL INSTRURCTIONS ON  FOREIGN ASSIGNMENTS

CONSOLIDATED- INSTRUCTIONS ON FOREIGN ASSIGNMENT OF INDIAN EXPERTS

GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (DEPARTMENT OF PERSONNEL & TRAINING) NEW DELHI

F.18/10/91-FA(UN) GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS (DEPARTMENT OF PERSONNEL AND TRAINING)

NEW DELHI -110 001, June 20, 1991

The Chief Secretaries of all State Governments and Union Territories.

Subject: Consolidated Instructions relating to Foreign Assignment of Indian Experts.

I am directed to say that in supersession of this Department’s earlier instructions contained in letter No.1/10/87-FA(UN), dated the 29th of January, 1988, and all other letters on the subject, the following revised and comprehensive instructions will be operative from the date of issue.

2. DEPUTATION ON FOREIGN ASSIGNMENT:

Deputation of Indian Experts on assignments abroad will be classified into the following categories :

(a) Foreign posts of the Government of India (GOI) under the various Ministries of the Government.

(b) Bilateral assignments to the developing countries of Asia, Africa and Latin America.

(c) Captive posts of GOI in the international organisations where recruitment is limited to the Indian officials.

(d) International assignment to the UN and its agencies, other multinational organisations, the Governments and public institutes in the oil-rich and developed countries.

3. FOREIGN POSTS OF GOI:

These include the posts in the Indian Missions abroad under the administrative control of the Ministries of Finance, Commerce etc. (other than the Ministry of External Affairs), the overseas offices of the Ministry of Tourism, Ministry of Civil Aviation and other Ministries, the India Investment Centres and other similar public bodies.

3.1 Selection for these posts will be made through the Civil Services Board (CSB) according to the procedure prescribed for appointment under the Central Staffing Scheme of GOI. In order to ensure equality of opportunity and fairness in the selection procedure.

3.2 The officers appointed to the posts would be allowed a tenure of 3 years (and this period will not count towards the ceiling prescribed for assignments under the international organisations).

4. BILATERAL ASSIGNMENTS TO THE DEVELOPING COUNTRIES :

These cover assignments under the ITEC (Indian Technical & Economic Cooperation) and other similar programmes and contract appointments in the Governments and para-statal organisations in the developing countries of Asia, Pacific, Africa and Latin America and remunerated by the concerned developing countries (as distinguished from the oil-rich and developed nations) according to their salary scales.

4.1 As far as possible, all organized recruitment of experts at graduate professional level and above for bilateral assignments should be on a Government-to-Government · basis. In addition, individual officials may also secure such assignments .by making applications in response to open advertisements by the Governments and para-statal organisations of the developing countries following the prescribed procedure; sometimes direct offers may also be received from these organisations by experts in recognition of their past work in the relevant areas.

4.2 Selection for assignments under the ITEC programme would be made as per the scheme being operated by the Ministry of External Affairs and the Department of Personnel & Training. For these and other bilateral assignments on a Govemment-to¬ Govemment basis, the panel of experts maintained in the Department of Personnel & Training will be utilized for making selections. In addition, if necessary, suitable experts could be located in consultation with the relevant nodal Ministries and the State Governments.

5. CAPTIVE POSTS OF GOI IN THE INTERNATIONAL ORGANISATIONS:

These assignments include the posts of Executive Directors in the World Bank, the International Monetary Fund (IMF), the Asian Development Bank (ADB) etc., Advisers and Technical or Executive Assistants to the Executive Directors and other similar posts where recruitment is restricted to the Indian experts.

5.1 Selection for these posts would be made according.to the procedure prescribed for appointments under the Central Staffing Scheme of GOI. However, the tenure of these officials in the international organisations will be subject to the provisions relating to the ceiling on tenure, cooling off requirement etc. prescribed (in subsequent paragraphs) for international assignments.

6. INTERNATIONAL ASSIGNMENTS :

This category covers the assignments under the international organisations like the UN and its specialised agencies, the World Bank, IMF, ADB and the Commonwealth Secretariat including the Commonwealth Fund for Technical Cooperation (CFTC) and other multinational public institutions. Included in this category are also assignments to the Governments, para-statal organisations and public institutions like Universities, Research and Academic Institutes in the oil-rich and developed countries.

6.1 The details concerning the selection procedure and terms relating to appointments including ceiling on tenure, cooling off requirement etc. in respect of international assignments have been outlined in the paragraphs that follow. Whenever some of these terms are also applicable to other categories of foreign assignments, this has been indicated at the appropriate place.

7. TYPES OF INTERNATIONAL ASSIGNMENTS

International assignments may be categorised by location and duration. As far as location is concerned (i) there are posts at the Secretariat or headquarters of an international organization which are subject to the country-quota restrictions. These may include key positions or posts of critical importance, which the Government would like its official nominees to hold. In case of a specific vacancy, the Government would field the most suitable candidate who in their view has a good chance of being finally selected for the post. (ii) Most international assignments are, however, project-related field jobs, operated in the developing countries under the . auspices of the international organisations. These are professional jobs and final selection is usually made by the host country government in consultation with the international agency. There is no quota system governing these assignments, but the candidates are screened at various stages and selections are made on the basis of their professional qualifications and· experience. The Government would, therefore, encourage the experts in various fields to apply for and secure these jobs by adopting a liberal approach.

8. METHODS OF SELECTION AND RELATED MATTERS:

The primary criteria for permitting a government employee to undertake an assignment would be the convenience of the Government in sparing him from the point of view of the management of the service cadre to which he belongs and exigency of public service.

8.1 Subject to this overall condition, the Government and public sector employees may secure international and bilateral assignments through any of the following methods :-

(i) nomination by the Government;

(ii) direct offer from an international organization/ foreign Government due to past work;

(iii) application made in response to open advertisement following the prescribed procedure; and

(iv) by being picked up from the roster of an international organization.

8.2 The Department of Personnel & Training, the cadre controlling authority of various service cadres and the nodal Ministries for the international organisations will deal with various aspects relating to the nomination, selection and appointment of the government employees to posts under the international agencies and foreign Governments. Each international agency is dealt with by a nodal Ministry; for instance the Ministry of Labour looks after the International Labour Organisation (ILO), the Ministry of Health liaises with the World Health Organisation (WHO) and the like.

8.3 Nomination by the Government: The Government may nominate suitable and qualified officers for posts under the international organisations or foreign Governments under any of the following circumstances:-

(a) Vacancy notices or requests are received by the Governments (nodal Ministries and/ or the Deptt. of Personnel & Training);

(b) Information regarding the possible vacancies and the details of the posts are made available by the Indian Missions abroad, individual officers and other sources including open advertisements and the Government decides to field candidates; and

(c) The nodal MinistryI the Department of Personnel & Training identifies key or important posts in the international organisations with a view to making nominations.

8.4 It would not be necessary for the Government to make nominations in respect of all the posts for which information or vacancy notices are received from time to time. The nodal Ministry/ the Department of Personnel & Training may decide the specific vacancy (ies) for which the Government would nominate its officers keeping in view the nature and importance of the post(s), the expertise available in the country and other related considerations. However, when an officer is nominated for a specific international assignment, he would be treated as the “official nominee” and the Government may use its available sources, including the diplomatic channel, for canvassing support for his candidature.

8.5 Broad-based selection procedures would be adopted for identifying the best and most suitable candidates(s) for nomination. When a nodal Ministry receives a vacancy notice or details of the posts for which it is decided to nominate Indian experts, it would expeditiously circulate the same to all the relevant Departments and agencies of GOI and the State Governments inviting suitable nominations. A copy of the vacancy circular or notice containing the details of the post should also be endorsed to the Department of Personnel & Training (Foreign Assignment Section), which may suggest candidates from out of the panel of experts maintained by it arid/ or from among the members of the organized services under its administrative control including those on Central deputation.

8.6 The nodal Ministries will finalise the nominations for (i) the posts upto and including P.4 level in the Secretariat or headquarters of an international organization, and upto and including P-5 level in the project-related field jobs. In its task, the nodal Ministry will be assisted by a Foreign Assignment Selection Committee (FASC) which would screen the applications received and suggest a name or a panel of names. The FASC in each nodal ·Ministry will include, among others, the representative of the Ministry and the Establishment Officer to the GOI or his representative. The nodal Ministry will obtain cadre clearance from the concerned cadre ·controlling authorities before forwarding the name(s) to the international agency. The clearance of the Establishment Officer to the GOI would also be required if the officer concerned is working in a post under the Central Staffing Scheme.

8.7 Applications or nominations in respect of the (a) posts of P-5 level and above in the Secretariat of an international organization, and (b) all other posts above the P-5 level should be forwarded by the nodal Ministry concerned to the Deptt. of Personnel & Training (Office of the Establishment Officer) which would screen the applications and submit these to the Civil Services Board (CSB)/ Cabinet Secretary for final selection. Thereafter, the nominations would be sent to the concerned international organization.

8.8 Apart from the nodal Ministries, the Department of Personnel & Training may, when the time available for making nominations to an international agency is short, or in other special circumstances, obtain applications/ nominations from the concerned agencies in the Central and State Governments and make appropriate recommendations with the approval of the competent authorities.

8.9 The Government may nominate an officer or a panel of names for a vacancy in an international organization depending on the circumstances of each case. However, in respect of the vacancies identified as (a) key or important posts and (b) the posts considered to be of critical importance, the Government would nominate the best candidate available (as he has to compete with the nationals of other countries) rather than a panel of names. Since the objective is to secure the key international assignments for the Indian Experts, all qualified officers including those who have been on foreign assignment earlier would be considered for nomination, subject, however, to · the condition that those who have completed the maximum period (ceiling) prescribed for international assignment would be required to resign/ seek retirement from Government Service on selection for the assignment.

8.10 Direct offers: In case of an offer of assignment by an international agency or friendly foreign government directly to a Government employee due to his past work or expertise, the expert has to take cadre clearance from the cadre controlling authority as well as from the Department of Personnel & Training before accepting the offer.

8.11 Application against Open Advertisement: The Government employees may apply in response to the open or public advertisement of vacancies by the international organisations and foreign Governments with the prior permission of the cadre controlling authorities concerned. In rare cases, when the time available for submitting the application is short an officer may send his application to the concerned agency in advance with a copy to his cadre controlling authority and this may be confirmed or withdrawn subsequently depending on the decision of the authority. The cadre controlling authorities would consider each case only from the point of view of whether the officer could be spared or not; no other general considerations should be applied in taking a decision in the case. An officer may be permitted to apply in response to a public advertisement even if he has completed the permitted number of years he can spend on international assignments in his career. However, in such a case, he would have to resign or take retirement from Government service on selection. A Government employee applying for an international assignment in response to public advertisement will not be given the status of “official nominee” for the assignment. Correspondence relating to the grant or. denial of permission will be between the officer concerned and the cadre controlling authority/ Government and the matter will not correspond with the international organization on the subject.

8.12 REGISTRATION ON THE ROSTERS MAINTAINED BY INTERNATIONAL ORGANISATIONS:

The Government employees may register their names in the rosters maintained by the international organisations by sending their applications directly to the concerned international agency, keeping their cadre controlling authorities and the relevant nodal Ministries informed. Cadre clearance would be sought when the international agency checks on the availability of the officer for a specific assignment. To cut down on the response time in respect of the vacancies circulated by the international organisations, the nodal Ministries may also maintain panels of experts.

8.13 FOREIGN ASSIGNMENT PANELS OF THE DEPARTMENT OF PERSONNEL & TRAINING

The Department of Personnel & Training maintains two data banks of Indian experts comprising .(i) the panel for bilateral assignments including those under the ITEC and similar programmes, and (ii) the list of experts in various disciplines interested in international assignments. Applications for registration in the panel for bilateral assignments are invited from Indian nationals both in Government and outside in a prescribed form which is available for sale in the sales depots of the Publication Division of the Government of India. The applications received are processed and the data stored in a computer. The experts are registered in order of seniority based on the date of receipt of the valid application forms in the Department of Personnel & Training and nominations are made strictly in order of seniority and suitability . The registration remains valid for a period of 3 years. Applications for registration should invariably be forwarded through proper channel and the forwarding authorities should clearly recommend the applications for registration. This would mean that upon selection the employer would relieve the experts concerned for taking up the assignment.

14 For registering experts for international assignments, applications are invited in the prescribed forms available in the Department of Personnel & Training from Government employees and executives of the public sector enterprises and other government and semi-government organisations. These applications are to be forwarded with a clear recommendation by the concerned employers. Valid applications are registered under various categories of specialization to which applicants belong. When a request · for assignment is received, experts registered under the relevant fields are recommended according to their seniority of registration and also on the basis of their suitability for the specific job.

9. CEILING ON DURATION OF ASSIGNMENT :

An officer may be permitted to remain on long-term assignments adding upto a maximum of five years during the first twenty-five years of his service. Beyond 25 years of service, there would be no ceiling. However, at that stage when an officer completes two years (24 months) of long term assignment undertaken either in one spell or in instalments, he would not be considered for empanelment for posts of Joint Secretary and equivalent under the Central Staffing Scheme for a period of two years upon his return from the assignment; in the case of an officer eligible to be empanelled as Additional Secretary/ Secretary or equivalent the corresponding period would be one year.· If however, an officer is on a long-term assignment at the time of completing 25 years of service, he has to undergo the required cooling off period (two years) at the end of that assignment and only thereafter he will be eligible to take up another long term assignment which will be exempted from the ceiling prescribed for such assignments.

9.1 The provisions relating to the ceiling on deputation of assignment would be applicable to international assignments and the captive posts of GOI in the international organisations but not to the foreign post of GOI, bilateral assignments to the developing countries and the UN volunteers.

9.2 Over and above the five year ceiling mentioned above an officer may be allowed to undertake short-term consultancies for an international organization or foreign Government upto a maximum of twenty five (25) months during his entire career. None of these assignments would exceed three months (90 days) during a calender year, provided further that the administrative Department/ Ministry under which he is working is in a position to spare his services without any substitute being posted in his place.

10. COOLING OFF REQUIREMENT:

An officer returning from a foreign assignment exceeding 180 days would not be eligible to go for a long-tenn assignment for a period of two years.

11. PRESCRIBED LEVELS FOR NOMINATIONS :

The United Nations and its specialized agencies as well as other ·international organisations generally indicate the salary level of the post at the time of an announcement of the vacancy. It has been decided that for the posts in the Secretariat of an international organization, some correspondence between the r3.nks of the officers of the Government with the salary levels in the international agency would be ensured at the time of making nominations. For the project-related field assignments, however, such correspondence would not be insisted upon as the levels for these assignments are usually flexible and the salary and other terms are negotiable depending on the experience and seniority of the officer/expert. In order to guide the Ministries and Departments of the GOI in this area various criteria have been indicated in the ANNEX which would be observed while determining the categories of officers to be considered for different levels of posts in the Secretariat of the UN, its specialized Agencies and other international organisations.

12. RESTRICTIONS ON OFFICERS DEALING WITH INTERNATIONAL ORGANISATIONS IN OFFICIAL CAPACITY :

The officers in a nodal Ministry of GOI/ office of a head of Department/ Attached and Subordinate offices of the Government I Indian Missions abroad who are directly dealing with an international organization in a coordinating or nodal capacity shall not be allowed ·to take up assignments in the Secretariat of the concerned organization for a period of two years after they have relinquished charge of their posts. At the same time, however, in very exceptional cases where a post at the headquers/ secretarit of an international agency is considered to be a key post or a post of critical importance and the Government feels that a particular officer though dealing with the organization, is ·the most suitable and qualified and is likely to be accepted, the officer may be nominated for the post with the recommendation of the Civil Services Board (CSB)/ Cabinet Secretary and approval of the Prime Minister. Those assignments would typically include very high level posts in the international organisations, some of which are primarily filled through election or on considerations of regional representation on very high level of expertise.

12.1 The Government policy has always been that its officers should not lobby for international assignments. Serious view would be taken and appropriate action initiated against the officers and members of the official Indian delegations to international conference, who indulge in canvassing or lobbying for posts in the international organisations with which they have official dealings.

13. CADRE CLEARANCE:

In all cases of foreign assignments; cadre clearance from the cadre controlling authority is to be obtained before an officer proceeds on the assignment. For the officers working in the posts under the Central Staffing Scheme, clearance of the Department of Personnel & Training (Establishment Officer to GOI) would also be required. The ‘lie criterion for giving them clearance would be whether the officer under consideration can be spared from the point of view of management of the cadre or of exigencies ·of public service, subject, of course, to the provisions regarding ceiling on duration of foreign assignments, cooling off requirements etc. laid down in this letter. No other general consideration (like the period of an officer’s absence from the cadre etc.) would be relevant to giving such clearance.

13.1 In cases where the Government nominates an officer for a specific vacancy, cadre clearance should be given at the time of nomination. In all other cases, this will be obtained when a communication is received from the international organization/ foreign Government that the officer concerned is being considered for appointment or that a tentative decision has been taken to make him an offer of appointment.

13.2 In respect of the employees working under the State Governments or their undertakings, the State Governments are empowered to decide whether to permit the expert to accept a foreign assignment or not. Matters such as retention of lien and protection of seniority in service will also be decided by them in accordance with the service rules applicable to these experts.

14. GENERAL GUIDELINES:

In the preceding paragraphs, the responsibilities of the various nodal Ministries, the cadre controlling authorities and the Department of Personnel & Training have been outlined. The cadre controlling authorities of the various services of the Government of India and the State Governments will mainly be responsible to ensure that the officers under their control apply for and secure foreign assignments strictly according to these guidelines. They will maintain data relating to the periods spent by these officers on foreign assignments and enforce the provisions relating to the ceiling prescribed for such assignments, cooling off requirements etc.

14.1 While the cadre controlling authorities and the nodal Ministries and Departments are competent to give various clearances as per these guidelines, any deviation proposed to be made therefrom would require prior consultation and clearance from the Department of Personnel & Training.

14.2 If a nodal or administrative Ministry/ Department is of the view that any category of expertise should be declared as “scarce” by the Government of India so as not to permit an easy exit of the Indian experts in that field for foreign assignment, it should send suitable proposals to the Department of Personnel & Training would issue appropriate orders in this regard. When an Indian expert proposes to take up assignment abroad in any of the categories declared as “scarce”, he would have to obtain a “No Objection Certificate” from the relevant administrative Ministry of the Government of India before taking up the assignment.

13 The persons deputed to the UN agencies and other international organisations or those on bilateral assignments may resign from service without returning to India and to their parent department if they choose to continue on foreign assignment beyond the permissible period. The Government personnel deputed on ITEC assignment cannot resign while serving abroad as the Government of India in the Ministry of External Affairs bears the salary and other expenses of such persons.

14.4 No person who –

(i) is on assignment under the Indian Technical and Economic Cooperation (ITEC) Programme of the Ministry of External Affairs and other Aid Programmes;

(ii) is posted abroad in a foreign based office of a Ministry/ Department;

(iii) goes on a specific contract assignment to a foreign government.

Should be allowed to retire voluntarily unless, after having been transferred to India, he has resumed the charge of the post in India and served for a period of not less than one year. This restriction will, however, not be applicable in case of officers who are on deputation to the UN/International organisations.

14.5 Since deputation of Indian officials abroad contributes to mutual goodwill and understanding between India and the foreign country concerned, it would be largely in the public interest, if, as a rule, the lien of Government employee and public sector employee selected for a foreign assignment is retained.

14.6 The State Government are advised that their employees may be released for service abroad on foreign service terms in the public interest, after retaining the applicant’s lien and protecting his seniority. However, the State Government may allow their employees to go abroad in accordance with the rules which are in force and applicable to the employees.

14.7 · This order will take effect from the date of issue. All those who are on foreign assignment at present shall be governed by the provisions of this order in respect of the proposals for extension of their tenure of deputation etc.

14.8 All questions or doubts relating to interpretation of the instructions will be decided by the Department of Personnel & Training.

14.9 Hindi version of this letter will follow.

(NILMADHAB MOHANTY) ESTABLISHMENT OFFICER AND ADDITIONAL SECRETARY TO THE GOVERNMENT OF INDIA

Source: DOPT

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Foreign Assignments for Central Government Employees – FAQ

Foreign assignments for central government employees – compilation of frequently asked questions by dopt, faqs on foreign assignments, q. 1 what are the categories of foreign assignments , a. long term assignments (period over 90 days), short term consultancies (period up to 90 days), q. 2 what is the procedure for getting cadre clearance of dop&t for the foreign assignments mentioned in (3) above, q. 3 whether clearance of dop&t is required for officers working under the central staffing scheme to take up foreign assignments, q. 4 what are the restrictions on officers dealing with international organizations in their official capacity, q. 5 is there a cooling off requirement, q. 6. is there a prescribed format for submitting proposals of foreign assignments to dop&t, q. 7 whether the foreign assignment can be taken up while on central deputation with the goi if yes, what is the prescribed tenure limit, q. 8 can i shift from one foreign assignment to another foreign assignment, q. 9 i proceeded on foreign assignment before issue of the consolidated deputation guidelines issued on 28.11.2007 and 29.2.2008. will i be governed by the earlier instructions or whether the new guidelines would apply.

Download DOPT compilation of Frequently Asked Questions on Foreign Assignments for Central Government Employees

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Chapter 3 - International Employees of U.S. Government Abroad

A. purpose and background.

As early as 1952, Congress provided a special immigrant category for certain employees and honorably retired former employees of the U.S. government abroad. [1]   Originally, this special immigrant category had no annual limit to the number of visas that could be issued. However, these special immigrants became subject to the preference-based numerical limitations when Congress placed such special immigrants under the employment-based fourth preference visa classification. [2]

This special immigrant category allows  noncitizens  who have served faithfully in the employment of the U.S. government abroad over long periods of time to become lawful permanent residents (LPRs). [3]   The U.S. Department of State (DOS) adjudicates petitions for classification as special immigrant international employees of the U.S. government abroad. 

Most applicants who immigrate as a special immigrant international employee do so from abroad, through consular processing. However, eligible applicants present in the United States may file an Application to Register Permanent Residence or Adjust Status ( Form I-485 ) to obtain LPR status.

B. Legal Authorities

• INA 101(a)(27)(D)  – Certain employees or former employees of the U.S. government abroad
• ​ INA 203(b)(4)  – Certain special immigrants
• ​ INA 245 ;  8 CFR 245  – Adjustment of status of nonimmigrant to that of person admitted for permanent residence
• ​ 22 CFR 42.34  – Certain U.S. government employees 

C. Eligibility Requirements

To adjust to LPR status as a special immigrant international employee, an applicant must meet the eligibility requirements shown in the table below. [4]

1. Eligibility to Receive an Immigrant Visa [11]

Eligible international employees and honorably retired former employees of the U.S. government abroad are subject to a unique process to demonstrate eligibility to receive an immigrant visa to adjust status as a special immigrant international employee. 

Step One – Exceptional Circumstances

First, the principal officer of a Foreign Service establishment must have found that exceptional circumstances exist and on that basis recommended the grant of special immigrant status. 

Step Two – National Interest

Second, the Secretary of State must have accepted the recommendation and found it to be in the national interest to grant the status. 

Step Three – Form DS-1884

Finally, based on the determinations described in the prior two steps, the employee may seek classification as a special immigrant by filing a Petition to Classify Special Immigrant under INA 203(b)(4) as an Employee or Former Employee of the U.S. Government Abroad ( Form DS-1884 (PDF) ) with DOS. [12] USCIS plays no role in the adjudication of this petition.

A  Form DS-1884 (PDF)  is valid for 6 months after it is approved. [13] Notwithstanding, if a visa is unavailable at the time of approval, the petition is valid for 6 months after a visa becomes available. [14] In addition, DOS can extend the validity of the petition if it determines that an extension is in the national interest. [15]

2. Priority Dates

The priority date for a special immigrant international employee is the date on which the immigrant petition is filed with DOS. The filing date of the petition is the date that a properly completed form and the required fee are accepted by a Foreign Service post. [16]

3. Bars to Adjustment

Special immigrant international employees and their derivatives are ineligible for adjustment of status if any of the bars to adjustment of status apply. [17]

4. Admissibility and Waiver Requirements

In general, an applicant who is inadmissible to the United States may only obtain LPR status if he or she obtains a waiver or other form of relief, if available. [18] If a ground of inadmissibility applies, an applicant must generally apply for a waiver or other form of relief to overcome that inadmissibility. [19] If a waiver or other form of relief is granted, USCIS may approve the application to adjust status if the applicant is otherwise eligible. 

The following table specifies which grounds of inadmissibility apply and which do not apply to applicants seeking LPR status based on the international employee classification.

5. Treatment of Family Members

The spouse or child (unmarried and under 21 years of age) of a special immigrant international employee may, if otherwise eligible, accompany or follow-to-join the principal applicant. [20] The spouse and child may, as derivative applicants, apply to adjust status under the same immigrant category and priority date as the principal applicant.

D. Documentation and Evidence

An applicant should submit the following documentation to adjust status as a special immigrant international employee: 

• Application to Register Permanent Residence or Adjust Status ( Form I-485 ), with the correct fee;
• Evidence of an approved  Form DS-1884 (PDF) ;
• Evidence of financial support (as appropriate);
• Two passport-style photographs;
• Copy of government-issued identity document with photograph;
• Copy of birth certificate;
• Copy of passport page with nonimmigrant visa (if applicable);
• Copy of passport page with admission or parole stamp (if applicable);
• Copy of Arrival/Departure Record (Form I-94) or copy of U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable); [21]
• Evidence of continuously maintaining a lawful status since arrival in the United States;
• Any other evidence, as needed, to show that an adjustment bar does not apply; [22]
• Report of Immigration Medical Examination and Vaccination Record ( Form I-693 ); [23]
• Certified police and court records of criminal charges, arrests, or convictions (if applicable);
• Application for Waiver of Grounds of Inadmissibility ( Form I-601 ) or other form of relief (if applicable); and
• Documentation of past or present J-1 or J-2 nonimmigrant status, including proof of compliance with or waiver of the 2-year foreign residence requirement under  INA 212(e)  (if applicable).

In addition, a spouse or child who is filing as a derivative applicant should submit the following:

• A copy of documentation showing relationship to the principal applicant, such as a marriage certificate or adoption decree (if applicable); and
• ​A copy of the approval or receipt notice (Form I-797) for the principal applicant’s  Form I-485  or a copy of the principal applicant’s permanent resident card (Form I-551) (if applicable and not filing together with the principal applicant). 

E. Adjudication [24]

An applicant seeking adjustment of status as a special immigrant international employee may file his or her adjustment application with USCIS after DOS approves the Petition to Classify Special Immigrant under INA 203(b)(4) as an Employee or Former Employee of the U.S. Government Abroad ( Form DS-1884 (PDF) ), provided:

• USCIS has jurisdiction over the adjustment application; [25]   and
• ​The visa availability requirements are met. [26]

These applicants may not file an adjustment application concurrently with  Form DS-1884 (PDF) . 

2. Interview

The officer must schedule the applicant for an in-person interview at the appropriate field office and transfer jurisdiction to that field office for final adjudication in cases where:

• The officer cannot make a decision based on the evidence of record; or
• The applicant does not meet the criteria for an interview waiver. [27]

3. Decision

The officer must determine that the applicant meets all the eligibility requirements as well as merits the favorable exercise of discretion before approving the application to adjust status as a special immigrant international employee or family member. [28]

If the application for adjustment of status is approvable, the officer must determine if a visa is available at the time of final adjudication. [29]

If approved, USCIS assigns the following codes of admission to applicants adjusting under this category as shown in the table below.

Upon the approval of the adjustment application, the applicant becomes an LPR as of the date of approval.

If the officer determines that the applicant is ineligible for adjustment, the officer must deny the adjustment application. The officer must provide a written reason for the denial. [30]   Although there are no appeal rights for the denial of an adjustment application, the applicant may file a motion to reopen or reconsider. The denial notice should include instructions for filing a Notice of Appeal or Motion ( Form I-290B ). 

[^ 1]  See Immigration and Nationality Act (INA) of 1952,  Pub. L. 82-414 (PDF) , 66 Stat. 163 (June 27, 1952). See  INA 101(a)(27)(D) .

[^ 2]  See H.R. Rep. No. 1365, 82nd Cong., 2nd Sess. 1951. See  INA 203(b)(4)  (“Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 101(a)(27)…”).

[^ 3]  Eligible employees include those who have worked for the American Institute in Taiwan (AIT), which Congress created through the Taiwan Relations Act of 1979. See  Pub. L. 96-8 (PDF) , 93 Stat. 14 (April 10, 1979). See the Immigration and Nationality Technical Corrections Act of 1994,  Pub. L. 103-416 (PDF) , 108 Stat. 4305 (October 25, 1994). Although a private, non-profit corporation, the AIT is largely funded and overseen by DOS and was designated as the entity through which the U.S. government was to conduct any programs, transactions, or other relations with Taiwan.

[^ 4]  See  8 CFR 245.1 .

[^ 5]  See Petition to Classify Special Immigrant under INA 203(b)(4) as an Employee or Former Employee of the U.S. Government Abroad ( Form DS-1884 (PDF) ).

[^ 6]  See Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions, Section B, Definition of “Properly Filed” [ 7 USCIS-PM A.3(B) ].

[^ 7]  See Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability [ 7 USCIS-PM A.6(C) ].For information on Visa Availability and Priority Dates, see the  DOS Visa Bulletin .

[^ 8]  See  INA 245(c) . See Part B, 245(a) Adjustment [ 7 USCIS-PM B ].

[^ 9]  For more information, see Volume 8, Admissibility [ 8 USCIS-PM ] and Volume 9, Waivers and Other Forms of Relief [ 9 USCIS-PM ].

[^ 10]  See  INA 245(a) . For more information, see Part A, Adjustment of Status Policies and Procedures [ 7 USCIS-PM A ] and Part B, 245(a) Adjustment [ 7 USCIS-PM B ].

[^ 11]  See Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review [ 7 USCIS-PM A.6 ] and Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements, Section C, Eligible to Receive an Immigrant Visa [ 7 USCIS-PM B.2(C) ].

[^ 12]  Unlike other special immigrants, the Petition for Amerasian, Widow(er), or Special Immigrant ( Form I-360 ) is not used to classify special immigrant international employees.

[^ 13]  See  22 CFR 42.34(b)(4) .

[^ 14]  See  9 Foreign Affairs Manual (FAM) 502.5-3(C)(2)(e)(4)(b) , Effect of Numerical Limits. 

[^ 15]  See  22 CFR 42.34(b)(5) .

[^ 16]  See  22 CFR 42.34(b)(2) .

[^ 17]  See  INA 245(c) . For more information on the bars to adjustment, see Part B, 245(a) Adjustment [ 7 USCIS-PM B ].

[^ 18]  See  INA 212(a)  for the specific grounds of inadmissibility.

[^ 19]  See Volume 8, Admissibility [ 8 USCIS-PM ] and Volume 9, Waivers and Other Forms of Relief [ 9 USCIS-PM ]. See Application for Waiver of Grounds of Inadmissibility ( Form I-601 ) and Application for Permission to Reapply for Admission into the United States after Deportation or Removal ( Form I-212 ).

[^ 20]  See  INA 101(a)(27)(C)  and  INA 203(d) . For the definition of child, see  INA 101(b)(1) .

[^ 21]  Noncitizens admitted to the United States by CBP at an airport or seaport after April 30, 2013, may be issued an electronic Form I-94 by CBP instead of a paper Form I-94. Such noncitizens may visit the  CBP website  to obtain a paper version of an electronic Form I-94.

[^ 22]  Such as evidence that the  INA 245(c)(2)  adjustment bar does not apply because the applicant’s failure to maintain status was through no fault of his or her own or for technical reasons. See  8 CFR 245.1(d)(2) . See Part B, 245(a) Adjustment, Chapter 4, Status and Nonimmigrant Visa Violations – INA 245(c)(2) and INA 245(c)(8), Section E, Exceptions [ 7 USCIS-PM B.4(E) ].

[^ 23]  The applicant may submit  Form I-693  together with  Form I-485  or later at USCIS’ request. See the  USCIS website  for more information. For more information on when to submit Form I-693, see Volume 8, Admissibility, Part B, Health-Related Grounds of Inadmissibility, Chapter 4, Review of Medical Examination Documentation [ 8 USCIS-PM B.4 ]. 

[^ 24]  For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review [ 7 USCIS-PM A.6 ].

[^ 25]  For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions, Section D, Jurisdiction [ 7 USCIS-PM A.3(D) ].

[^ 26]  The applicant must have an immigrant visa immediately available when he or she filed the adjustment of status application and at the time of final adjudication. See Section C, Eligibility Requirements [ 7 USCIS-PM F.7(C) ].

[^ 27]  For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 5, Interview Guidelines [ 7 USCIS-PM A.5 ].

[^ 28]  See  INA 245(a) . For more information, see Part A, Adjustment of Status Policies and Procedures [ 7 USCIS-PM A ] and Part B, 245(a) Adjustment [ 7 USCIS-PM B ].

[^ 29]  For more information, see Part A, Adjustment of Status Policies and Procedures, Chapter 6, Adjudicative Review, Section C, Verify Visa Availability [ 7 USCIS-PM A.6(C) ].

[^ 30]  See  8 CFR 103.2(b)(19)  and  8 CFR 103.3(a) .

22 CFR 42.32(d)(2)  - Certain U.S. government employees

8 CFR 208.24 - Termination of Asylum

INA 101(a)(27)(D)  - Certain employees or former employees of U.S. government abroad

INA 203(b)(4)  - Certain special immigrants

INA 212(a) - Excludable aliens; classes of aliens ineligible for visas or admission

INA 212(e) - Educational visitor status; foreign residence requirement and waiver

INA 245 ,  8 CFR 245  - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

AR-11, Change of Address

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

G-325A, Biographic Information

I-290B, Notice of Appeal or Motion

I-360, Petition for Amerasian, Widow(er), or Special Immigrant

I-485, Application to Register Permanent Residence or Adjust Status

I-601, Application for Waiver of Grounds of Inadmissibility

I-693, Report of Medical Examination and Vaccination Record

How to Use the USCIS Policy Manual Website (PDF, 2.99 MB)

No appendices available at this time.

This technical update to Volume 7 removes an alert box that was superseded by the Policy Manual update on October 6, 2022. This technical update also removes “EB-4" from the title of Volume 7, Part F and makes related conforming edits.

7 USCIS-PM A.6 - Chapter 6 - Adjudicative Review

7 USCIS-PM F - Part F - Special Immigrant-Based Adjustment

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

U.S. Citizenship and Immigration Services (USCIS) is revising its policy guidance in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule, published in the Federal Register on August 3, 2020. This guidance becomes effective October 2, 2020. For information regarding implementation, see Appendix: 2020 Fee Rule Litigation Summary .

1 USCIS-PM A - Part A - Public Services

1 USCIS-PM B - Part B - Submission of Benefit Requests

7 USCIS-PM A - Part A - Adjustment of Status Policies and Procedures

7 USCIS-PM M - Part M - Asylee Adjustment

11 USCIS-PM A - Part A - Secure Identity Documents Policies and Procedures

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF, 316.97 KB)  between the AFM and the Policy Manual.

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A).

7 USCIS-PM B - Part B - 245(a) Adjustment

7 USCIS-PM L - Part L - Refugee Adjustment

7 USCIS-PM O - Part O - Registration

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the special immigrant juvenile (SIJ) classification and special immigrant-based (EB-4) adjustment of status, including adjustment based on classification as a special immigrant religious worker, SIJ, and G-4 international organization or NATO-6 employee or family member, among others.

6 USCIS-PM J - Part J - Special Immigrant Juveniles

Version History

No historical versions available.

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INFORMATION FOR EMPLOYEES ON OVERSEAS ASSIGNMENTS AND THEIR AGENCIES CONCERNING THE FEDERAL EMPLOYEES' COMPENSATION ACT

Division of federal employees' compensation (dfec).

The Federal Employees' Compensation Act (FECA), 5 U.S.C. 8101 et seq. , administered by the Department of Labor's Office of Workers' Compensation Programs, provides comprehensive workers' compensation coverage for federal employees, including those assigned to work locations outside of the United States. See 20 C.F.R Part 10, FECA Procedure Manual and guidance on the Division of Federal Employees' Compensation (DFEC) home page . A wide variety of benefits are available under FECA including medical and wage loss benefits, schedule awards for permanent impairment due to loss of hearing, vision or certain organs, vocational rehabilitation/retraining for injured employees; survivor benefits are available if an employee is killed in performance of duty or if an employee later dies from a covered injury.

When is an employee on an overseas assignment covered under FECA? While Federal employees located abroad are not covered around the clock under all situations, employees assigned overseas who are in travel status or on a special mission are covered under FECA for all activities reasonably incidental to their employment, such as eating, sleeping and during travel. Other principles adopted by Federal workers' compensation law, such as the zone of special danger rule, the bunkhouse rule, the proximity rule, the positional risk doctrine, or the rescuers doctrine all serve to extend FECA coverage to employees considerably beyond performing the ordinary tasks of employment. Furthermore, specific provisions of the FECA provide coverage for any injury or death outside of the continental United States or Alaska, other than an employee whose residence was at or near his or her place of employment, as a result of a "war risk hazard," which encompasses a wide variety of hostile actions, including terrorist acts targeting the United State or its allies.

What evidence is needed to obtain FECA benefits? OWCP works extensively with employing agencies to provide guidance concerning the required medical and factual evidence needed to adjudicate claims. Claims for injury or illness sustained outside of the United States are initially handled by a special unit of claims examiners in the Cleveland office of the Division of Federal Employees' Compensation (DFEC) who have been trained to handle these cases. An employee bears responsibility to submit medical evidence to support a FECA claim for benefits.

• While an ankle sprain from a simple slip and fall may require no more than a medical note or CA-20 form to support a day's absence, a claim for extended disability may require detailed medical evidence explaining how the claimed injury relates to your employment and the nature/length of your disability.
• If you contract an infectious disease while assigned to a position overseas, a claim for FECA benefits may require medical evidence of the endemic nature of the disease and the unique or heightened risk of contracting such disease at your post of assignment. Such evidence will be a relevant factor in establishing the relationship between your overseas employment and a claim related to this infectious disease.
• Because of the exigent circumstances attendant to employment overseas, OWCP realizes that medical evidence can be challenging to obtain. OWCP will contact you in writing to explain what you need and may grant additional time for you to obtain medical evidence. If the employee needs additional assistance, he/she may request assistance from the employing agency, particularly if there are unusual factual or medical circumstances surrounding the claim.
• If you face extended disability and require additional assistance with medical issues or return to work in a limited capacity, an OWCP field nurse may be assigned to assist you once you have returned stateside.

How does an employee receive pre-authorization for medical treatment? If you have an existing FECA claim and need to request pre-authorization for medical treatment outside of the United States , you may electronically submit your request to your case file by using the Web-Enabled Document Submission (WEEDS) portion of OWCP's Employees' Compensation Operations and Management Portal ( ECOMP ). Instructions for uploading information to a case file can be found in the help section of the ECOMP website. Alternatively, if you don’t have access to submit electronically, please contact OWCP at (202) 513-6860 for assistance with submitting your request.

If you have specific questions about your FECA claim, you may contact your agency or your assigned OWCP claims examiner. For general questions about FECA, contact OWCP by email at [email protected] .

International Assignments: Managing Benefits and Taxes for Expatriate Employees

Written on February 28, 2019

Given the complexity of the U.S. tax code and the myriad regulations related to ERISA plans, managing benefits for domestic employees is a complicated undertaking. But managing benefits for employees who your U.S. company sends to work overseas—known as expatriates, or expats—adds several layers of complexity.

As globalization continues to be a defining characteristic of the economy, many U.S. companies are finding opportunities to grow abroad. But before their employees ever step on foreign soil, employers need to learn about the various taxes other governments may impose on benefits and compensation and think through the various questions that go into developing a sound policy for managing benefits for expatriate employees. Employers also need to help their employees understand what the foreign assignment means to them with respect to taxes and benefits.

Understand the Basics of Expatriate Taxation

For purposes of this article, an expatriate is a U.S. citizen or green card holder who is sent by their U.S. employer to work at a branch or other linked organization in a foreign country. Assignment duration may vary anywhere from six months to several years. Employees must obtain a work visa, and—depending upon the host country—may be eligible for certain benefits offered by that country while working abroad.

U.S. citizens, green card holders, and their employers need to understand that expatriates will still have an income tax liability and income tax return filing obligation at home regardless of where they work globally. The United States is unusual in this regard with respect to taxing their citizens and permanent residents (green card holders) who are living and working abroad; many foreign governments allow their citizens to fall under the host country’s tax code when working abroad and home country taxation is often suspended until the individual returns to their home country.

The United States’ unusual approach, however, doesn’t mean that U.S. expatriates will always face double taxation. The U.S. tax code looks to offset this, at least partially, by allowing certain foreign tax credits and/or the foreign earned income exclusion. Employers take these credits, the foreign earned income exclusion, and the foreign country’s tax policies into consideration when developing the compensation package for the employee.

In addition to understanding how the U.S. will tax the expatriate’s foreign compensation and benefits, employers also need to understand how the host country will tax this income. Almost every country requires some kind of tax to be paid by foreign workers. While taxation of salary and bonuses may be relatively straightforward, things can get quite complicated when it comes to how benefits—such as retirement matching contributions or profit sharing—are taxed.

Consider Your Options for Making Expatriates Whole

Employers need to study foreign countries’ tax laws and be aware of each country’s nuances so a fair, balanced and competitive compensation package is developed. The good news is that employers have flexibility in navigating these issues and developing their policies.

The first option is to do nothing. Sometimes, in this scenario, the expatriate is responsible for the taxes and other costs incurred while working in the host country. A more common strategy is to equalize the tax burden on the employee. This is a tax-neutral policy, often referred to as tax equalization, where the employee is no worse or better off while working abroad. In this case, the goal of the compensation package is to keep employees whole—which means maintaining roughly the same financial standards they would have experienced at home.

Beware Double Taxation of Retirement Benefits

Expatriates are allowed to participate in U.S.-based retirement plans while working abroad. They can contribute pre-tax dollars to their traditional 401(k) plans, and employers can offer a match to the employee deferral. Unfortunately, many foreign countries consider the deferral to be taxable income.

What’s more, the employer contribution may be considered regular income subject to foreign taxes as well. In this case, the employee is double taxed: first by the host country for the “income” sent to the retirement plan, and then by the United States when it’s time for the participant to withdraw assets. (Double taxation may also happen in a Roth situation, where participants pay taxes up front when making the deferral.)

In these situations, employers will need to decide whether expatriates should be excluded from the plan and possibly compensated outside of the benefit to avoid the double taxation—or utilize a tax equalization policy where the expatriate is made whole. The latter approach would be in keeping with the U.S. system, in which qualified retirement plan contributions are only taxed once when the employee takes a distribution from the plan at or after retirement.

Insight: Take a “No Surprises” Approach to Your Expatriate Benefit Policy  The goal of any expatriate compensation package should be to ensure that neither the employee nor the company encounter any surprises. To achieve this, employers need to think through many issues well before sending an employee abroad.

The first issue is to decide whether or how to make employees whole. After that major issue is resolved, employers need to focus on finer points such as evaluating foreign tax policies, reviewing plan documents to determine eligibility and analyzing foreign tax credit structures to maximize value.

It’s also important to have strong communication strategies and resources for employees. A solid two-way communication plan aids expatriates in clearly understanding what they will be receiving and responsible for, and offering them access to experts who can help them feel that they are not alone in navigating the oftentimes complex tax structures in host countries.

Employees working at different companies often compare notes about their employer’s compensation policy for expatriates with other expatriates they meet abroad, so understand that there are competitive reasons for developing a fair, robust approach.

When sending employees abroad, employers have a lot to manage from a benefits perspective, between adequately rewarding employees, understanding individual countries’ tax rules, filing the appropriate forms in the foreign jurisdictions and keeping costs under control.

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CENTRAL GOVERNMENT EMPLOYEES NEWS

All about Central Government Employees News. Get the central govt employees latest news, DoPT Orders, 7th Pay Commission, DA Hike, latest notification for pensioners, MACP latest order, da for central government employees, and more.

CENTRAL GOVERNMENT HOLIDAY LIST 2024

Continuation of cghs facilities when central government employees are posted on foreign assignment.

June 22, 2023 by admin 1 Comment

Continuation of CGHS facilities when Central Government employees are posted on foreign assignment: CGHS Order dated 17.06.2023

F No Z 15025/ 3/ 2023/ DIR/ CGHS Govt. of India Min. of Health & Family Welfare Department of Health & Family Welfare Directorate General of CGHS

RK Puram, Sector-13 New Delhi Dated the 17th June, 2023

OFFICE MEMORANDUM

Subject: Continuation of CGHS facilities when Central Government employees are posted on foreign assignment – regarding

The undersigned is directed to convey the approval of the Competent Authority to state that CGHS Cards of the Central Government employees on foreign assignment shall be kept active so that they are not deprived of CGHS facilities when they visit CGHS covered cities in between. The eligible family members residing in CGHS cities can continue to avail themselves of the CGHS facilities.

Revised CGHS package rates 2023

2. The department shall ensure that the CGHS subscription is deducted from the concerned employee’s salary.

(Dr. Manoj Jain) Director, CGHS

Reader Interactions

Kk Mehra says

June 22, 2023 at 3:19 pm

Sir good afternoon It is informed with regrets that there is no any CGHS empalled hospital in Hissar bhiwani Rohtak sirsa Fatehabad. hansi in Haryana (India) where thousand of Centra Govt employee residing but they’re not availing the CGHS facility due to paucity of CGHS empalled hospital Please look into the matter and request you to give sanction to life saving hospital empalled to ECHS in Hissar bhiwani Rohtak sirsa Fatehabad hansi where thousand of Centra Govt employee residing and can save their lives by availing CGHS empalled hospital facilities Now due to paucity of CGHS empalled hospital employee has to go in Ambala chdg those are about 250 kms away from the above District and complete financial loss and harassment to centre Govt employee We can hope from MOD and ministry of health for considering our request to give us CGHS facility to above District also. Thanking you in anticipation k k Mehra Astt Engr (DR Manoj Jain) BRO Director CGHS

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FOREIGN AFFAIRS SPECIALIST

Department of defense, office of the under secretary of defense for policy (ousd(policy)).

This position is located in the Office of the Under Secretary of Defense for Policy (OUSDP). The USDP serves as the principal advisor and assistant to the Secretary of Defense for all matters concerned with the formulation of national security and defense policy with particular emphasis on the integration and oversight of DoD policy and plans to achieve national security objectives. This position could be assigned to one or more of any number of countries or regional portfolios.

• Accepting applications

Open & closing dates

08/25/2023 to 08/23/2024

$112,015 - $145,617 per year

Pay scale & grade

• Alexandria, VA
• Pentagon, Arlington, VA

Telework eligible

Yes—as determined by the agency policy.

Travel Required

Occasional travel - You may be expected to travel for this position.

Relocation expenses reimbursed

Yes—Recruitment/relocation expenses may be authorized in accordance with regulatory requirements.

Appointment type

Work schedule.

Competitive

Promotion potential

Job family (series).

0130 Foreign Affairs

Supervisory status

Security clearance.

Sensitive Compartmented Information

Position sensitivity and risk

Special-Sensitive (SS)/High Risk

Trust determination process

National security

Announcement number

ST-12078264-23-AMY

Control number

This job is open to, career transition (ctap, ictap, rpl).

Federal employees who meet the definition of a "surplus" or "displaced" employee.

Federal employees - Competitive service

Current or former competitive service federal employees.

Land & base management

Certain current or former term or temporary federal employees of a land or base management agency.

Military spouses

Special authorities.

Individuals eligible under a special authority not listed above, but defined in the federal hiring regulations.

Clarification from the agency

WHS PPP Pilot and VEOA

• Plays a major role in the study, review, and adjustment of the strategies, concepts, programs, and budgets required to support OSD policy and program guidance; focuses senior policy attention on issues with major defense policy, national security, or international security implications.
• Takes a lead role in managing team projects, including actively encouraging communication, coordination, innovation, and high quality team products; analyses highly complex policy, strategy, and force posture alternatives and implications.
• Provides expert advice at the ASD or higher level on key strategy and various other matters; reviews and develops Policy positions and responses to action originating in other DoD and non-DoD offices or agencies that have implications for foreign policy and national security policy, strategy, program, planning, and budgets.
• Represents DoD in delegations to international meetings and conferences; represents DoD positions during contact with the Congressional staff; monitors Congressional action on DoD defense strategy, programs, and budget; and develops or contributes testimony or other presentations to the Congress.

Requirements

Conditions of employment.

• U.S. Citizenship is required
• Males born after 12-31-59 must be registered or exempt from Selective Service (see https://www.sss.gov/Home/Registration)
• This position is subject to provisions of the WHS/OSD PPP Pilot Program
• May be required to successfully complete a probationary/trial period
• Must be determined suitable for federal employment
• Required to participate in the direct deposit program
• This position is subject to pre-employment and random drug testing
• This position requires you to obtain and maintain a Top Secret security clearance with SCI and SAP components.
• This position may require occasional travel away from your normal duty station on military or commercial aircraft.
• This position may require you to work other than normal hours, which may include evenings, weekends, and/or holidays and/or overtime.
• Student loan repayment may be authorized in accordance with regulatory requirements.
• Writing Sample: If you are invited for an interview, you will be required to provide a writing sample, which will be a timed writing exercise you will turn in at the end of a scheduled session.

Qualifications

• Position title;
• Type of appointment (Schedule A, Schedule C, Non-career SES, or Presidential Appointee);
• Agency; and,
• Beginning and ending dates of appointment.

Education cannot be substituted for experience. ARE YOU QUALIFYING BASED ON A COMBINATION OF EDUCATION AND EXPERIENCE? You must provide sufficient documentation of your education in your resume. You are strongly encouraged to provide a copy of transcripts or degrees in your application package. It is also acceptable to document your applicable course listing in your resume (course number, credits earned, etc.). Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education. Applicants can verify accreditation at the following website: http://www.ed.gov/admins/finaid/accred/index.html . All education claimed by applicants will be verified by the appointing agency. If selected, an official/sealed transcript will be required prior to appointment. FOREIGN EDUCATION: If you are using education completed in foreign colleges or universities to meet the qualification requirements, you must show the education credentials have been evaluated by a private organization that specializes in interpretation of foreign education programs and such education has been deemed equivalent to that gained in an accredited U.S. education program; or full credit has been given for the courses at a U.S. accredited college or university. For further information, visit: https://www2.ed.gov/about/offices/list/ous/international/usnei/us/edlite-visitus-forrecog.html .

Additional information

• https://www.usajobs.gov/Help/working-in-government/unique-hiring-paths/individuals-with-disabilities/
• https://www.usajobs.gov/Help/working-in-government/unique-hiring-paths/veterans/
• https://www.usajobs.gov/Help/working-in-government/unique-hiring-paths/military-spouses/
• Other Special Appointment Authorities https://www.usajobs.gov/
• Interchange Agreements https://www.opm.gov/policy-data-oversight/hiring-information/competitive-hiring/#url=Types-of-Appointments

A career with the U.S. government provides employees with a comprehensive benefits package. As a federal employee, you and your family will have access to a range of benefits that are designed to make your federal career very rewarding. Opens in a new window Learn more about federal benefits .

Review our benefits

Eligibility for benefits depends on the type of position you hold and whether your position is full-time, part-time or intermittent. Contact the hiring agency for more information on the specific benefits offered.

How You Will Be Evaluated

You will be evaluated for this job based on how well you meet the qualifications above.

• International Engagement Action Planning
• International Engagement Assessment & Analysis
• International Engagement Implementation
• International Engagement Policy Development
• Oral Communication

As a new or existing federal employee, you and your family may have access to a range of benefits. Your benefits depend on the type of position you have - whether you're a permanent, part-time, temporary or an intermittent employee. You may be eligible for the following benefits, however, check with your agency to make sure you're eligible under their policies.

• Cover Letter, optional
• Most recent SF-50 "Notification of Personnel Action" showing you are/were in the competitive service and the highest grade held. It is recommended you provide a SF-50 within the last 52 weeks before the closing date of this JOA for current federal employees. Effective 5/25/2022, WHS HRD will use the resume in conjunction with the provided SF-50 to confirm Current Federal Employee eligibility. We will complete confirmation of Current Federal Employee eligibility at the job offer phase if needed. It is still required that you submit at least one SF-50 with your application and confirm you are a current federal employee via your employment dates on your resume for current federal employee eligibility determinations. (WHS serviced employees SF-50s can be verified via eOPF).
• College Transcript(s). Official or unofficial transcripts are acceptable. (WHS serviced employees will be verified via eOPF or you may include them in your application package. However, it is the employee's responsibility to ensure that his/her eOPF contains the required transcript and is up-to-date).
• DD-214, SF-15 Form and VA letter, or certification of expected discharge or release from active duty from Veterans for consideration under Veteran hiring authorities
• Noncompetitive appointment authority documentation, if applicable
• Career Transition Assistance Program/Interagency Career Transition Assistance Program documentation, if applicable (e.g., Certification of Expected Separation, Reduction-In-Force Separation Notice, or Notice of Proposed Removal; SF-50 that documents the RIF separation action; and most recent performance appraisal.)
• PPP Registrants/Eligibles: Must submit the following applicable documents: 1) PPP registration 2) PCS orders (if applicable)

If you are relying on your education to meet qualification requirements:

Education must be accredited by an accrediting institution recognized by the U.S. Department of Education in order for it to be credited towards qualifications. Therefore, provide only the attendance and/or degrees from schools accredited by accrediting institutions recognized by the U.S. Department of Education .

Failure to provide all of the required information as stated in this vacancy announcement may result in an ineligible rating or may affect the overall rating.

• To begin, click Apply to access the online application. You will need to be logged into your USAJOBS account to apply. If you do not have a USAJOBS account, you will need to create one before beginning the application.
• Follow the prompts to select your resume and/or other supporting documents to be included with your application package. You will have the opportunity to upload additional documents to include in your application before it is submitted. Your uploaded documents may take several hours to clear the virus scan process.
• After acknowledging you have reviewed your application package, complete the Include Personal Information section as you deem appropriate and click to continue with the application process .
• You will be taken to the online application which you must complete in order to apply for the position. Complete the online application, verify the required documentation is included with your application package, and submit the application.
• To view the assessment questionnaire, click here: https://apply.usastaffing.gov/ViewQuestionnaire/12078264

Agency contact information

Washington hq services.

000-000-0000

[email protected]

Once your online application is submitted you will receive a confirmation notification by email. Your application will be evaluated by the Human Resources Office to determine your eligibility for the position. After the evaluation is complete, you will receive another notification regarding the status of your application. Stay informed of changes to your application status by signing up for automatic email alerts at: https://www.usajobs.gov/Applicant/Application/ListApplications? . Washington Headquarters Services is an Equal Employment Opportunity employer. Washington Headquarters Services uses E-Verify to confirm the employment eligibility of all newly hired employees. To learn more about E-Verify, including your rights and responsibilities, visit: http://www.dhs.gov/E-Verify .

The Federal hiring process is set up to be fair and transparent. Please read the following guidance.

• Equal Employment Opportunity (EEO) Policy
• Criminal history inquiries
• Reasonable accommodation policy
• Financial suitability
• Selective Service
• New employee probationary period
• Signature and false statements
• Privacy Act
• Social security number request

Required Documents

How to apply, fair & transparent.

This job originated on www.usajobs.gov . For the full announcement and to apply, visit www.usajobs.gov/job/745475400 . Only resumes submitted according to the instructions on the job announcement listed at www.usajobs.gov will be considered.

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Office of the Secretary of Defense

The Office of the Secretary of Defense (OSD) is the principal staff element of the Secretary of Defense in the exercise of policy development, planning, resource management, fiscal, and program evaluation responsibilities. OSD includes the immediate offices of the Secretary and Deputy Secretary of Defense, Under Secretaries of Defense, Director of Defense Research and Engineering, Assistant Secretaries of Defense, General Counsel, Director of Operational Test and Evaluation, Assistants to the Secretary of Defense, Director of Administration and Management, and such other staff offices as the Secretary establishes to assist in carrying out assigned responsibilities.

Visit our careers page

Learn more about what it's like to work at Office of the Secretary of Defense, what the agency does, and about the types of careers this agency offers.

http://www.defense.gov/About-DoD/Office-of-the-Secretary-of-Defense/

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