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

Human Resources Manual

Instruction 301-1 Overseas Employment

Release date: February 28, 2014

Materials Superseded:

This issuance supersedes the following policy documents: 

• Policies put in place by the Office of Global Health Affairs as laid out in the memorandum “Departmental Policy on Personnel Assignments outside the United States (U.S),” dated July 20, 2007, as well as the earlier memorandum from the Assistant Secretary for Management and Budget “Update on Procedures Related to HHS International Assignments," dated June 20, 2003; and
• HHS Instruction 301-1, Overseas Employment, dated November 3, 2010

Background: 

This Instruction consolidates the Department’s policies for the appointment and assignment of employees outside of the U.S. and its territories.  It establishes that the assignment of employees will be processed in accordance with 42 U.S.C. § 242l, for the purposes of advancing the status of the health sciences in the U.S. and § 207(g) of the Public Health Service (PHS) Act (42 U.S.C. 209(g) which provides the authority for Title 42 appointments.  It also expands the maximum time limits for assignments, incorporates information about rest and recuperation, advances of pay, living quarter’s allowances, locality pay, post differentials and expands and clarifies home leave.

This Instruction is effective upon signature.  HHS personnel currently serving outside the U. S. and its territories may continue their current assignments as long as they are in compliance with the requirements of this Instruction.

John W. Gill
Deputy Assistant Secretary for Human Resources

 

301-1-00: Purpose and Authority

 

This Instruction establishes the Department's policy and processes for the appointment and assignment of employees in overseas areas.  It also provides guidance for determining benefits for employees and their family members stationed overseas.

301-1-10: Coverage and Exclusions

A. Coverage

This Instruction covers all employees stationed overseas who are in the competitive service, the Senior Executive Service and the excepted service. 

B. Exclusions

This Instruction does not cover commissioned corps officers, contractors, individuals

serving under personal services agreements (22 U.S.C. § 2669 (c); 42 U.S.C. 242l (b)(8), those paid under a local compensation plan (22 U.S.C. § 3968) and locally employed staff abroad [22 U.S.C. 2669(c) & (n)].  For information and instructions for processing assignments for members of the Commissioned Corps, please see CC 23.5.2 – Transfer and Reassignment of Commissioned Officers, the Joint Federal Travel Regulations (JFTR), and the HHS Travel Policy Manual. 

301-1-20: References

1. Section 207(g) of the Public Health Service Act (PHSA), 42 U.S.C. § 209(g)
2. Section 307(c) of the Public Health Service Act (PHSA), 42 U.S.C. § 242l(c)
3. 5 U.S.C. §§ 5721, 5722, 5723, and 5724(d) (law - payment of travel and transportation expenses of new appointees; posts of duty outside the continental United States)
4. 5 U.S.C. § 5728 (law - travel and transportation expenses; vacation leave)
5. 5 U.S.C. §§ 6303 (d), 6304 (b), and 6305 (a) (law - travel time and leave for employees overseas)
6. 22 U.S.C. § 2385(d)  (law - Appointments under the Foreign Service Act)
7. Executive Order 12721 of July 30, 1990 (Eligibility of Overseas Employees for Noncompetitive Appointments)
8. 5 C.F.R. §§ 301.201 and 301.202 (regulations - appointment of persons overseas and outside overseas areas)
9. 5 C.F.R. § 315.608  and Part 316 (regulations - noncompetitive appointment of certain former overseas employees)
10. 5 C.F.R. §§ 630.207, 630.302, and 630.601 through 630.607 (regulations - travel time and leave for employees overseas)
11. HHS Instruction 572-1 (Payment of Travel and/or Transportation Relocation Expenses) 
12. HHS Instruction 610-2 (Temporary Closing of Workplaces and Treatment of Absences) 
13. HHS Instruction 630-1 (Leave and Excused Absence; Leave for Overseas Employees)
14. HHS Travel Policy Manual (January 20, 2012) (Travel Orders, Changes of Duty Station, and Foreign Travel) 
15. Section 901 of the Foreign Service Act of 1980, 22 U.S.C. § 4081
16. Section 903 of the Foreign Service Act of 1980, 22 U.S.C. § 4083
17. Executive Order 12228 of July 24, 1980 (Allowances for Personnel on Foreign Duty)
18. Department of State Standardized Regulations (DSSR)
19. 5 C.F.R. Part 591 (Allowances and Differentials)
20. 5 C.F.R. §301.203(c) (Overseas Limited Appointment)
21. 5 C.F.R. §§213.3106(b) (1), 213.3106(b) (6), or 213.3106(d) (1) (Excepted Appointment under schedule A authority)
22. 41 C.F.R. Chapters 300 through 304, Federal Travel Regulation (FTR)
23. Joint Federal Travel Regulations (JFTR), Vol. 1, “Uniformed Service Members”
24. Overseas Differentials and Allowances Act, Pub. L. 86-707 (5 U.S.C. Chapter 59, Subchapter III)
25. 5 U.S.C. § 5928 (Section 2311 of the Foreign Service Act of 1980, Pub. L. 96-465)
26. Executive Order 10903 of January 9, 1961, as amended by Executive Order 12292 of February 23, 1981
27. The Federal Employees Pay Comparability Act of 1990 (FEPCA)
28. HHS Instruction 42-2 (Appointment of 42 U.S.C. § 209(g) Service Fellows)

301-1-30: Definitions

1. Accompanying.  A family member (to include domestic partner) who resides in an overseas area while the sponsor is officially assigned to an overseas post of duty. 
2. Actual Residence.   The fixed or permanent domicile of a person that can be reasonably justified as a bona fide residence.  Also referred to as the “home of record.”  For a separating employee concluding an OCONUS assignment, the “actual residence” is the residence occupied at the time the employee received the OCONUS assignment.  This is the residence listed in the service or transportation agreement signed by the employee prior to departure to an OCONUS permanent Duty Station (PDS), pursuant to which the employee is assured that the expenses of return travel and transportation will be paid by the government.
3. Advance-in-Pay.  Up to three months’ salary (minus certain deductions as designated by HHS) that may be advanced when an employee is assigned to an overseas post.
4. Appointments.  Title 5 of the U.S. Code provides the authority for Executive agencies to hire as many employees as appropriated by Congress.  This authority is used to hire both blue collar and white collar Federal civilian employees.  These employees are appointed competitively, through Merit procedures, or non-competitively to work for the U.S. government on a permanent, temporary or term basis.  
5. Appropriated Funds.  Funds approved and appropriated by Congress.
6. Assignment (Transfer).  The temporary assignment of an employee or officer to a location outside the continental United States (OCONUS/foreign area).
7. Commissioned Corps Officer.  A member of the Commissioned Corps of the Public Health Service.
8. Continental United States (CONUS).  The 48 contiguous (adjoining) states, the District of Columbia, the Commonwealth of Puerto Rico, and the other U. S. territories or possessions.  This does not include Hawaii and Alaska.
9. Curtailment.  The shortening of an employee’s tour of duty at an overseas post.  It may also include the employee’s immediate departure from the overseas post.  Curtailment is an assignment action, not a disciplinary action.
10. Danger Pay Allowance.  An additional compensation above basic compensation for service at designated danger pay posts where civil insurrection, terrorism, or war conditions threaten physical harm or imminent danger to all U.S. government employees.
11. Domestic Partnership. A committed relationship between two adults of the same sex in which they:
    1. Are each other’s sole domestic partner and intend to remain so indefinitely;
    2. have a common residence, and intend to continue the arrangement indefinitely;
    3. are at least 18 years of age and mentally competent to consent to contract;
    4. share responsibility for a significant measure of each other's financial obligations;
    5. are not married or joined in a civil union to anyone else;
    6. are not the domestic partner of anyone else;
    7. are not are not related in a way that, if they were of opposite sex, would prohibit legal  marriage in the U. S. jurisdiction in which they reside;
    8. are willing to certify if required by the agency, that they understand that willful  falsification of any documentation required to establish that an individual is in a domestic partnership may lead to disciplinary action and the recovery of the cost of benefits received related to such falsification.  This constitutes a criminal violation under 18 U.S.C. § 1001.   The method for securing such certification, if required, shall be determined by the agency; and  are willing promptly to disclose, if required by the agency, any dissolution or material change in the status of the domestic partnership.
    9. are willing promptly to disclose, if required by the agency, any dissolution or material change in the statues of the domestic partnership
12. Duty Station (Post).  The place designated as the employee’s official work location whether he/she is detailed elsewhere or resides at another location. 
13. Education Allowance.    The estimated cost of tuition, books, required fees, room and board, if applicable and supplies for school age family members.
14. Education Travel. One round trip ticket annually between the school attended (by school aged family members) and the overseas post or the overseas post and the school attended.
15. Employee An individual appointed as a civilian under Titles 5 or 42 of the U.S. Code
16. Family or family member. One or more of the following individuals residing in the same quarters as the employee (spouse, or domestic partner; unmarried children under the age of 21, or regardless of age who are incapable of self-support; parents or siblings of the employee, spouse or domestic partner who are at least 51 percent dependent upon the employee for support) in an overseas area.
17. Foreign Country. Any area outside the U.S., the Commonwealth of Puerto Rico, and U.S. territories and possessions.
18. Foreign Country. A period of approved absence with pay authorized by 5 U.S.C. § 6305 for employees stationed abroad (outside the United States).  Home leave is for use in the U.S. (employee recruited from Hawaii and Alaska are excluded), or if the employee's place of residence is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico
19. Imminent Danger Pay. Is established under DSSR 652 (g).  Under circumstances defined by the Secretary of State, a danger pay allowance may be granted to civilian employees who accompany U.S. military forces designated by the Secretary of Defense as eligible for imminent danger pay.  No review of the post hardship differential is conducted when establishing imminent danger pay so employees cannot receive both allowances since they are being provided for duplicate conditions.
20. Living Quarters Allowance (LQA) An allowance granted to an employee recruited or assigned to a selected overseas location that does not have Embassy provided housing.  This is used for the annual cost of suitable, adequate, living quarters for the employee and his/her family members (to include domestic partners).
21. Local Hire Appointment. An appointment that is not actually or potentially permanent and is made from among individuals residing in the overseas area.  A local hire appointment includes nonpermanent  employment under:
    1. Overseas limited appointment under 5 C.F.R., §301.203(b) or (c);
    2. Excepted appointment under Schedule A, 5 C.F.R. §§ 213.3106(b)(1), 213.3106(b)(6), or 213.3106(d)(1) when the duration of the appointment is tied to the sponsor’s rotation date or when the appointment is made on a not-to-exceed (NTE) basis;
    3. An “American family member” or “part-time intermittent temporary (PIT)” appointment in U.S. diplomatic establishments;
    4. Non U.S. citizens as well as U.S. citizens may be appointed under Section 307(c) of the PHSA (42 U.S.C. § 242l(c)) and § 207(g) of the PHSA (42 U.S.C. § 209(g)) in an overseas area. 

22. Members of Household (MOH). MOHs are those persons who have accompanied or joined an employee assigned abroad and who the employee has declared to the chief of mission to be part of his or her household, who reside at post with the employee, and who are other than legitimate domestic staff.  MOHs do not include those persons who are “family members” or “eligible family members” in accordance with 3 FAM 4180 and 4181.
23. Outside the Continental US (OCONUS) Any location outside CONUS, the District of Columbia, the Commonwealth of Puerto Rico and U.S. territories and possessions.
24. Overseas Limited Appointment. A temporary, excepted service appointment of a U.S. citizen recruited and hired from within or outside the overseas area.
25. Post (Cost of Living) Allowance A cost-of-living allowance granted to an employee under 5 U.S.C. § 5924 intended to reimburse for certain goods and services exclusive of quarters costs when they are substantially higher than in Washington, D.C.
26. Post (Cost of Living) Allowance The additional compensation of 5, 10, 15, 20, 25, 30, or 35 percent over basic compensation granted pursuant to Title II, Part D of the Overseas Differentials and Allowances Act (Pub. L. 86-707) and chapter 510 of the DSSR paid to employees at differential posts.
27. Rest and Recuperation (R&R). Authorizes government provided transportation to eligible employees for temporary relief from work obligations at an employee’s post (location) of assignment.
28. Separate Maintenance Allowance (SMA). An allowance to assist an employee to meet the additional expenses of maintaining members of family elsewhere than at the employee’s foreign post of assignment.  There are three types of SMA:  Involuntary (ISMA), Voluntary (VSMA), and Transitional (TSMA).
    • ISMA may be granted because of dangerous, notably unhealthful, or excessively adverse living conditions at the employee’s post of assignment in a foreign area, or for the convenience of the government.
    • VSMA may be granted to an employee who personally requests such an allowance, based on special needs or hardship involving the employee or family member(s).
    • TSMA may be granted to an employee whose family members temporarily occupy commercial quarters following termination of an evacuation or in connection with an unaccompanied assignment.

29. Service Need Differential (SND), or Difficult-to-Staff Incentive Differential (DTSID) An additional 15 percent over basic compensation that is paid at the end of each year of the tour of duty of employees who agree to serve three years at one of the SND-identified posts.  The head of an agency may grant a DTSID to an employee assigned to a differential post upon a determination that especially adverse conditions of environment warrant additional pay as a recruitment and retention incentive to fill the employee's position at that post.
30. Sponsor. An employee who is authorized to reside at an overseas location and is responsible for his/her family member(s) in the overseas area.
31. Sponsor Expiration Date. The end of the employee’s tour of duty as indicated in the employment agreement for transfers and appointments overseas, HHS Form 355A.
32. Temporary Quarters Subsistence Allowance (TQSA). To assist with temporary lodging, meals, laundry and dry cleaning in an overseas area when an employee first arrives at his/her duty station (up to 90 days) and permanent quarters are not yet available.  TQSA is also authorized when an employee is getting ready to depart the overseas post permanently.
33. Temporary Quarters Subsistence Expense (TQSE). A discretionary allowance that is intended to reimburse employees for some costs for lodging, food, and other necessities when occupying temporary quarters after an employee has returned from an overseas tour.
34. United States (U.S.) When used in a geographical sense, means the 50 states of the United States of America and the District of Columbia of Puerto Rico and U.S. territories and possessions.
35. U.S. Hires. U.S. citizens recruited from the United States including the Commonwealth

301-1-40: Appointment and Transfers (Assignments) Requirements and Procedures under Titles 5 and 42

Generally, positions in overseas areas are subject to civil service competitive or excepted service appointments and transfer requirements and procedures; however, there are exceptions.

A. Exceptions under Title 5

1. When there is a shortage of eligible applicants resulting from a competitive announcement that is open to applicants in the local overseas area, an agency may give, without competitive examination, an overseas limited appointment under Title 5 to a U.S. citizen living overseas. Overseas limited appointments are limited to five years and require OPM approval for an extension beyond the five year limit. Also, an overseas limited appointment may be used to hire appointment eligible family members at post selected from a competitive vacancy announcement posted by the Embassy HRO.
2. When an agency determines unusual or emergency conditions exist and it is not feasible to appoint from a register, overseas limited appointments may be used to recruit and appoint U.S. citizens (to include family members) recruited in an area where an overseas limited appointment is not authorized.
3. Former overseas employees and eligible family members are eligible for non-competitive appointments to positions within the U.S. (and Guam, Puerto Rico and the U.S. Virgin Islands). The individual must be a citizen of, or owe permanent allegiance to, the U.S. and meet the eligibility criteria contained in 5 C.F.R. §§ 315.608 and 316.302. These appointments are authorized by Executive Order 12721.

B. Exceptions under Title 42

1. U.S. citizens and non-citizens may be recruited and appointed to overseas positions under title 42 without regard to competitive requirements. For information on the appointment of special consultants under title 42, see HHS Instructions 42-1 and 42-2.
2. Some overseas positions are exempt from the competitive service and are filled under authority of Section 625(d) (1) of the Foreign Assistance Act (22 U.S.C. § 2385(d)).
3. Employment of host country citizens and permanent residents must comply with host country laws and regulations.

301-1-50: General Applicability of HHS Policies

The same laws, regulations, and policies contained in HHS Instructions apply to overseas positions unless otherwise specified. Provisions specifically related to overseas assignments and appointments are:

A. Differentials and Allowances as specified in the Department of State Standardized Regulations (DSSR)

B. Leave between Tours of Duty (Appointments or Assignments/Transfers)

1. At the time of appointment or assignment, the appointing officer must determine the employee’s annual leave carry over amount. Normally, an employee is entitled to carry into the next year an annual leave balance of up to 30 days (240 hours). Employees recruited from the U.S. to an overseas location may carry into the next year a maximum of 45 days (360 hours). Employees serving tours of duty in Alaska or Hawaii are not entitled to exceed the normal 30 days (240 hours) carry over limit.
2. Only employees recruited from the CONUS are entitled to home leave or home leave equivalent (for non-citizens recruited from CONUS under Title 42). Employees serving on a tour of duty in Alaska or Hawaii may be entitled to vacation travel expenses (see criteria below and section 301-1-90C.2.) For purposes of this section, an employee:
   • is a citizen or resident of the U.S.; and
   • has completed at least 18 months of continuous service abroad; and
   • is expected to return to service abroad immediately for an additional tour of at least 12 months

C. Temporary closure of a duty station

Overseas duty stations may be closed under the same conditions that apply to closing workplaces in the U.S. because of local holidays, emergencies and security situations. When local circumstances do not warrant closing the overseas duty station but one or more employees cannot do their regular work and cannot be given other work, the head of the duty station may excuse the employees without charge to leave. If an employee cannot get to work because of emergency and security situations or transportation has been suspended because of a holiday celebration, the employee may be excused without charge to leave.

If an employee assigned to an overseas duty station works on the local (in-country) holiday and the holiday is not one recognized by the federal government; the employee is paid regular pay. The hours worked are not considered overtime or other premium pay. If an employee assigned to an overseas duty station is required to work on a recognized federal holiday, he/she is entitled to holiday pay.

301-1-60: Recruitment Policy

1. U.S. citizens, non-citizens and permanent residents may be recruited or transferred from CONUS and the Commonwealth of Puerto Rico and U.S. territories and possessions, Alaska, and Hawaii. Also non-citizens under Title 42 may be recruited from outside CONUS.
2. Physical qualifications, training, and medical and security clearances outlined in all pertinent State Department, Office of Personnel Management (OPM), and/or HHS policies are applicable to employees assigned to overseas duty stations. If an employee is unable to obtain the required clearances, the appointment/assignment must be rescinded.
3. Possible exclusionary policies (i.e., gender based, education, or position based) of the country to which an applicant or employee is to be assigned must not be a factor in any part of the selection process. If a host country refuses a visa to an employee selected for an overseas assignment on the basis of an exclusionary policy, the employing office must report this, through the Office of Global Affairs (OGA), to the Department of State (DOS). DOS will take appropriate action to attempt to gain entry for the individual. If DOS cannot obtain entry, the appointment must be rescinded.

301-1-70: Overseas Tour of Duty (Appointments and Assignments)

A. Tour of Duty

1. A tour of duty at an overseas station in a foreign country begins on the date the employee reports for duty (in-country).
2. The tour of duty ends at the close of business on the last workday before departure or curtailment or for assignment in CONUS or to another overseas area.
3. It includes authorized leave with pay and up to two workweeks of absence in non-pay status in each 12-month period (i.e., adverse action or leave without pay). Non-pay status in excess of two workweeks may be credited toward completion of the overseas tour of duty for travel purposes. However, it is at the discretion of the approving official when determined that it is administratively necessary or desirable to do so. Non-pay status is not creditable for home leave purposes between tours of duty.
4. A tour of duty for a person recruited locally in the overseas area begins on the date the employee reports for duty.

B. Standard Overseas Tour of Duty

The first overseas tour of duty for any HHS employee shall be 24 months, excluding home leave taken (see exceptions in Section D below). However, a tour of duty in a war zone or designated hardship post is 12 months.

C. Consecutive Tours Of Duty

1. Operating Divisions (OpDivs) and Staff Divisions (StaffDivs) may renew tours of duty in increments of up to two years, for a total of six years (excluding home leave taken) at a single post. Assignments may be extended beyond the normal six year limit at a single post, for a consideration of up to twelve 12 consecutive years on overseas assignments, under exceptional circumstances. However, in addition to OpDiv and StaffDiv approvals, such extensions will require approval from OGA for civilian employees. If the OGA does not concur with an extension beyond the normal six year limit, the Secretary or his/her designee makes the final determination. The employee or officer may be granted another overseas tour of duty after having served a minimum of one year with the home agency in the U.S.
2. HHS employees may serve on subsequent overseas assignments and appointments for up to an additional six years. They are permitted to move from one assignment directly to another; however, they may not exceed a maximum period of 12 consecutive years on overseas assignments. In exceptional circumstances, an extension beyond this consecutive 12 year limit may be considered, but this requires approvals from the OpDiv or StaffDiv as well as approval from the OGA for civilian employees. If the OGA does not concur with an extension beyond the normal 12 year limit, the Secretary or his/her designee makes the final determination.

D. Non-standard Overseas Tour of Duty

1. Tours of duty may be extended up to 120 days by the appointing OpDiv or StaffDiv for administrative purposes. Tours of duty that differ from the standard by more than 120 days may be authorized in the following circumstances:
   • Appointing officials may request a shorter tour of duty (initial and renewal tours), but not less than 12 months in duration, for a particular area. Any location with a tour of less than 12 months will be handled the same as temporary duty (TDY). Each request must include:
     1. Information on living accommodations, medical facilities, accessibility to metropolitan areas, recreational opportunities, and degree of isolation of the duty station; and
     2. Information on the standard tour of duty for other federal agencies employing U.S. citizens in the area; and
     3. Any other pertinent information to justify a shorter tour of duty.

When an employee's tour of duty is shortened at the employee’s request, the appointing authority must record the shortened tour of duty in the Employment Agreement (a pen and ink change with a signature and date) for Transfers and Appointments Overseas. (HHS Form 355A).

2. Individuals serving overseas tours of duty under employment agreements with other federal agencies may be appointed to HHS overseas positions. Such an employee may be transferred to HHS under a revised employment agreement. The period may be shorter than the standard tour of duty, if it is determined by the appointing official to be in the best interest of the government and not solely for the benefit of the employee. However, it must not be less than the standard tour of duty for this Department minus the time the employee served under the employment agreement with the other agency. HHS is responsible for the costs of the relocation of the employee at the end of his/her tour unless negotiated otherwise in a memorandum of understanding (MOU) with the losing agency at the time of the transfer of the employee to HHS.
3. HHS may employ under Titles 5 and 42 U.S. citizens who reside in a foreign country for positions within the country of their residence provided they are not also citizens of that foreign country. In such cases, a tour of duty may be established if the appointing authority determines it would be in the Department's best interest. If the employee completes the established tour of duty, the employee's return transportation to a place of residence in CONUS will be paid by the Department.

E. Coordination with HHS/OGA

Prior to making an assignment to a duty station located in a foreign country, the assignment must be coordinated with HHS/OGA. Each OpDiv and StaffDiv is responsible for:

1. Reviewing and approving all transfers/assignments of HHS employees and officers to work outside the U.S. and its territories. At the beginning of each fiscal year, each OpDiv and StaffDiv that intends to assign personnel to overseas locations will submit their plan to OGA.
2. Each OpDiv and StaffDiv will work with OGA in securing approval from the U.S. Embassy in the host country for the establishment of positions.
3. Each OpDiv and StaffDiv is responsible for submitting documentation to OGA to support all necessary embassy clearances (e.g., the cable approval required under National Security Decision Directive 38 (NSDD-38)). Embassy clearances must be obtained, via official cable. When entered into the NSDD system, the information triggers the Department of State to create and submit a request cable to the appropriate embassy on behalf of the OpDiv.
4. Each OpDiv and StaffDiv will work with OGA to obtain concurrence when selecting the candidates to fill/refill positions.
5. Each OpDiv and StaffDiv is responsible for notifying the embassy via cable of an upcoming assignment and of the employee’s arrival in country and copying OGA on the notification cables.

301-1-80: Employment Agreement for Transfers, Assignments and Appointments Overseas

1. An Employment Agreement for Transfers/Assignments and Appointments will be required for each new appointment or transfer/assignment described below. (See Exhibit A)
   1. From CONUS to an overseas duty station;
   2. From one overseas duty station to another when the two stations are in different countries, U.S. territories or possessions, or the states of Alaska and Hawaii; or
   3. Within a foreign country, Alaska, Hawaii, or a U.S. territory or possession when:
      1. The employee is being appointed from another federal agency (see Section 301-1-70D.3 above); or
      2. The employee does not currently have an employment agreement and HHS intends to pay for the employee's return transportation to his/her place of residence in CONUS, Commonwealth of Puerto Rico or U.S. territories or possessions upon completion of tour of duty (see Section 301-1-70D.4)

2. If the employee has an employment agreement, the Department may reassign the employee during the tour governed by that agreement to another duty station within the same country. A new employment agreement is not required for such a reassignment.
3. An employment agreement will be required for an employee returning to his/her place of residence to take home leave or continuation of travel (COT) leave before serving another tour of duty overseas (see Section 301-1-90C below). A new employment agreement will be required when an employee is offered another tour of duty.
4. Form HHS-355A shall be used to obtain the employee’s agreement to remain in the federal government. The designated office will record the tour of duty and enter it and the location of the overseas duty station in the space provided under item 4(a) of the agreement.

301-1-90: Payment of Travel and Cost of Living Allowances and Other Allowances

The HHS Travel Policy Manual covers payment of travel and transportation expenses to and from overseas duty stations (locations). These provisions are summarized on the reverse-side of HHS Form-355A.

A. Payment of Travel and Transportation Expenses of New Appointee or Transferee to Overseas Duty Station (See Tables at Exhibits E and F)

1. If a new or current HHS employee is assigned/transferred to an overseas duty station, the employee must agree to remain in the federal government for at least one year. This requirement must be met in order for the Department to pay travel and transportation from the employee's place of actual residence at the time of appointment or transfer to the overseas duty station. (See Section 301-1-110 below).
2. The authority to pay travel expenses of a new appointee or a transferee/assignee to an overseas duty station is not limited to U.S. citizens recruited in the United States.

B. Payment of Return Travel and Transportation Expenses (See Exhibit G)

1. If an employee leaves the federal government upon completion of the overseas tour of duty to which the employee agreed, the Department will pay the expenses of the employee's return travel, that of the employee's eligible immediate family, and the transportation of household goods from the overseas duty station to the place of actual residence.
2. If a new employee or transferee/assignee separates from the federal government before completing a year of service, the employee must pay back any expenditure for his/her travel, travel of his/her immediate family, and transportation of household goods to the overseas duty station. However, no debt will be owed to the federal government if the separation is for reasons that are beyond the employee's control and acceptable to the approving official (see Section 301-1-100 below).
3. If a new employee or a transferee completes at least one year of government service but fails to complete the entire tour of duty as specified in the employment agreement, the employee may be entitled to return travel and transportation expenses, for himself/herself, his/her immediate family and movement of any household goods to the place of residence.
4. Return travel and transportation expenses for a U.S. citizen recruited locally overseas may be paid by the Department only if, at the time of appointment, the employee signed an employment agreement to remain in the federal government for one year.

C. Return to Place of Residence to Take Home Leave

1. An employee assigned to an overseas duty station must agree to serve another tour of duty overseas in order to be entitled to payment of round-trip travel to place of actual residence to take home leave. (See E below for definition and criteria for home leave.) Payment of round-trip travel is limited to the employee and the employee's eligible immediate family. (Payment does not include transportation of full household goods but provides for a limited shipment of household goods by air for use when on home leave and then a comparable shipment on return to overseas post for UAB approved posts.)
2. The OpDiv will consider individual requests citing specific circumstances other than those listed above in C (1) when the request is endorsed by the official with appointing authority.
3. In order for an employee to be entitled to payment of travel expenses for the employee and the immediate family for purposes of taking home leave, the requirements of both a and b below must be met:
   1. The employee must have satisfactorily served a minimum of 18 months abroad without a break in tour of duty (assignment) and;
   2. The employee must sign an agreement to serve a second tour of duty at the same duty station or another overseas duty station. The employee should be advised as to what transportation allowances will be paid for the employee and the employee's immediate family under travel regulations in effect.
4. If an employee fails to complete the first year of service under the second employment agreement after having exercised round-trip travel between tours of duty for reasons that are unacceptable to the appointing official, the employee must reimburse the Department for all expenses of the round-trip travel taken. This debt will be offset against return expenses allowed under the first employment agreement. This means that the amount allowed to the employee for return travel and transportation expenses, including return of household goods, will be reduced by the amount of the round-trip debt.
5. If an employee completes one year but fails to complete the full tour of duty under the second employment agreement, after having exercised round trip travel between tours of duty for reasons that are unacceptable to the appointing official, the employee must bear the expense for the employee's return and that of the employee's family. However, the employee will be allowed expenses for the return of limited household goods. That allowance is deemed earned based upon the completion of the tour of duty under the first employment agreement.
6. If an employee completes one year but fails to complete the full tour of duty under the second employment agreement for reasons that are acceptable to the appointing official, the employee will be entitled to return travel and transportation expenses and will not be required to repay the cost of round-trip travel for home leave. Acceptable reasons include reassignment by HHS for the benefit of the Department and circumstances that are beyond the employee's control such as those specified below in 301-1-100.

D. Education Travel

Travel authorized under authority of 5 U.S.C. 5924 to and from a school offering a full-time course of secondary (in lieu of an education allowance) or post-secondary education.

E. Home Leave

Home leave allows employees serving overseas and their family members an opportunity to return to the U.S. to reorient themselves with the U.S.

1. Eligibility. Employees (U.S. Citizens or permanent residents) recruited for overseas duty from the United States or its territories or possessions including the Commonwealth of Puerto Rico, may accumulate a maximum of 45 days of annual leave per year. An employee must complete 18 months of continuous service outside the U.S. (or shorter period of such service if the employee’s assignment is terminated for the convenience of the government) to be eligible for home leave. The 18 months of continuous service abroad is a one-time requirement.
2. Accrual. Home leave is earned and credited on a monthly basis and accrual begins upon arrival in country. Earning rates range from five to 15 days every 12 months as prescribed by Subpart F of part 630 of Title 5 of the C.F.R. The minimum charge for home leave is one day. There is no limit on accumulation of home leave.
3. Use. Within the limitation of funds available, an OpDiv or StaffDiv may grant home leave, or combined home leave and annual leave, with travel at government expense, to any employee who meets all of the following:
   • Has completed at least 18 months of continuous service abroad or will complete an assignment of at least 12 months;
   • Is expected to return to service abroad immediately;
   • Has committed to another tour;
   • Must schedule home leave so that after leave is taken there is at least 12 months of service remaining on the tour renewal;
   • Has been authorized an annual leave ceiling of 45 days (360 hours) or 90 days (720 hours), for SES.

Home leave may be used in combination with other leaves of absence and can only be taken in the U.S., or its territories and possessions to include the Commonwealth of Puerto Rico.

F. Rest and Recuperation (R&R)

1. R&R authorizes government provided transportation to eligible employees for temporary relief from work obligations at an employee’s post (location) of assignment. All R&R travel must meet the intended purpose of R&R, which is to travel to the U.S. or its territories, or other locations abroad which have different social, climatic, or other environmental conditions than the employee’s assigned duty location. R&R requires the employee to use annual leave, sick leave, or leave without pay.
2. U.S. citizen employees who are eligible for living quarters allowance under the DSSR and their eligible family members who are assigned to posts abroad that have been specifically identified as appropriate R&R posts are qualified.
3. Non U.S. citizen employees employed under Title 42, who were recruited from outside the country of employment and are not citizens or residents of the country where employed and are eligible to receive U.S. government provided housing, are also eligible for R&R on the same basis as U.S. citizen employees.
4. To qualify for R&R travel, an employee must be assigned to one or more of the designated posts for a tour of duty of at least two years (24 months) and not have taken home leave. However, an appropriate OpDiv official may determine that for the needs of the Department an employee may be allowed to take home leave and R&R within the same tour of duty. An employee assigned to a tour of duty of three years (36 months) or more without taking home leave may be eligible for two R&R trips during his/her tour. Since the purpose of R&R is to provide a measure of relief from conditions at the post of assignment, R&R is not normally scheduled during the first or last six months of a tour of duty or within six months of home leave taken. Eligibility for R&R travel of family members is contingent on the eligibility of the employee. (Note: Travel will only be paid to the destination listed in the employee’s travel orders.) An employee will consult with his/her servicing HRO and the travel office on all travel related issues.
5. Designated posts that DOS identified as R&R eligible can be found in the agency’s policy document at 3 FAM-1 H-3700. When employees are assigned to locations without a State Department presence, OpDivs and StaffDivs may authorize R&R travel when warranted and DOS authorizes R&R for employees assigned to similar, neighboring posts. Specifically,
   • Kisumu, Kenya (R&R point: London, UK)
   • Blantyre, Malawi (R&R point: Paris, France)
   • Mutengene, Cameroon (R&R point: Paris, France)

6. R&R entitlements for employees assigned to posts without DOS presence will be established by OGA, which will coordinate the determination of R&R eligibility.
7. Special R&R – When warranted OpDivs and StaffDivs may request additional R&R for employees who are assigned to overseas posts whose tours have been extended for the benefit of the agency. Special R&Rs are subject to the availability of funds and with the concurrence of OGA; this additional R&R may be granted.
8. Failure to complete the full tour of duty (as calculated from the first day of duty at the post until final departure from the post) results in a requirement to repay R&R travel in a manner that meets program and employee needs to the greatest degree possible.

G. Advances of Pay

OpDivs have the option of providing employees an advance in pay. The law provides that up to three months basic pay may be paid in advance to an employee upon the assignment of the employee to a post in a foreign area. It does not include locality pay. The employee can receive the advance payment prior to proceeding to or arriving at a post of assignment. Advance pay is reimbursed to the government through payroll deductions in up to 26 pay periods. Interest does not accrue on advance pay.

H. Locality Pay

The Federal Employees Pay Comparability Act of 1990 (FEPCA) established a locality pay system for General Schedule (GS) employees that was implemented in January 1994. It provides for pay adjustments based on survey comparisons with non-federal rates on a locality basis. Its goal was to narrow the pay gap between federal and non-federal salaries over a nine-year period and is payable within each locality determined to have a pay disparity greater than five percent.

Locality pay does not apply to employees in an overseas area.

I. Post Hardship Differential

A post differential allowance is an additional compensation of 5, 10, 15, 20, 25, 30, or 35 percent over basic compensation granted pursuant to Title II, Part D of the Overseas Differentials and Allowances Act (Pub. L., 86-707) and provisions of the DSSR, Chapter 500 to employees at differential posts. This refers to places where conditions of environment differ substantially from conditions of environment in the CONUS and warrant additional compensation as a recruitment and retention incentive.

Employees who meet the following criteria are eligible for post differential allowance.

• Current residents of the area qualify for a post differential if they were originally recruited from outside the differential area and have been in substantially continuous employment by the U.S. or by U.S. firms, interests, or organizations.

Examples of persons recruited locally but eligible to receive a post differential include, but are not limited to—

• Those who were originally recruited from outside the area and have been in substantially continuous employment by other federal agencies, contractors of federal agencies, or international organizations in which the U.S. government participates and whose conditions of employment provide for their return transportation to places outside the post differential area; and
• Those who are temporarily present in the post differential area for travel or formal study at the time they are hired and have maintained actual places of residence outside the area for an appropriate period of time; and those who are discharged from U.S. military service in the differential area to accept employment with a federal agency and have maintained actual places of residence outside the differential area for an appropriate period of time (generally at least one year or more).

J. Post (Cost of Living) Allowance

The post allowance is a balancing factor designed to permit employees to spend the same portion of their basic compensation for current living as they would in Washington, D.C., without incurring a reduction in their standard of living because of higher costs of goods and services at the post. The post allowance payment tables in the DSSR represent a percentage increase over Washington cost-of-living, applied to “spendable income”, i.e., that portion of basic compensation available for disbursement after deduction for taxes, gifts and contributions, savings (including insurance and retirement) and U.S. shelter and household utility expenses.

K. Danger Pay Allowance

Additional compensation of up to 35 percent over basic compensation granted to employees for service at designated danger pay posts, pursuant to 5 U.S.C. § 5928 (Section 2311, Foreign Service Act of 1980). Post rates for danger pay are determined by the DOS.

L. Separate Maintenance Allowance (SMA)

Designated to help an employee who is compelled by reasons of dangerous, notably unhealthy or excessively adverse living conditions at the overseas post of assignment, or for convenience of the government, or because of family considerations, to defray the additional expense of maintaining family members at another location.

There are three types of SMA that may be granted to an employee whenever the head of agency determines that the employee is compelled to maintain any or all members of family elsewhere than at the post of assignment because of the following circumstances:

1. Involuntary SMA (ISMA) – For the convenience of the U.S. government when dangerous notably unhealthful, or excessively adverse living conditions warrant the exclusion of family from accompanying an employee to the post of assignment. (DSSR 262.1)
2. Voluntary SMA (VSMA) – When an employee requests SMA for special needs or hardship prior to or after arrival at posts for reasons including but not limited to career, health, educational, or family considerations for the spouse or domestic partner, children or other family member. (DSSR 262.2)
3. Transitional SMA (TSMA) – Following the termination of an evacuation [(a) thru (c)] or in connection with commencement/termination of an unaccompanied tour [(d) and (e)]: (a) conversion of a post to an unaccompanied status; (b) reversion of post to accompanied status for educational consideration; (c) reversion of post to accompanied status for other situations; (d) when family members must depart from an accompanied foreign post because employee's next foreign post is unaccompanied; or (e) when family members on ISMA prepare to depart ISMA point for employee's new foreign or domestic post (accompanied). (DSSR 262.3 a. – e.)

M. Education Allowance

An allowance to assist an employee in meeting the extraordinary and necessary expenses incurred by an employee by reason of service in a foreign area, not otherwise compensated for, in providing adequate elementary and secondary education for a child or children.

N. Service Need Differential

Service Need Differential (SND) also known as Difficult to Staff Incentive Differential (DSID) may be granted to an employee assigned to a differential post upon a determination that especially adverse environmental conditions warrant additional pay as a recruitment and retention incentive to fill the employee’s position at that post.

Note: These areas are designated by the Department of State or by individual agencies. The Department of State designated areas are updated annually and may be found at their Human Resources/Development internet website. For a list of the areas designated by HHS and eligibility criteria please contact your servicing HR office.

301-1-100: Living Quarters Allowance

A. Employees Recruited and Appointed from the U.S.

Employees recruited and appointed from the U.S. are eligible for a living quarters allowance when stationed at posts that do not have Embassy provided housing or when an employee is deployed to a location not associated with an Embassy or a Consulate or when the Embassy is unable to provide housing.

B. Employees Recruited and appointed from OCONUS

Quarters allowances may be granted to employees recruited from OCONUS provided that:

1. No embassy housing is available;
2. The employee's in country residence is the place to which the quarters allowance applies at the time of receipt thereof shall be fairly attributable to his/her employment by the U.S. government; and
3. Prior to appointment, the employee was recruited in the U.S., the Commonwealth of Puerto Rico or a possession of the U. S. by:
   1. The U.S. government, including its Armed Forces;
   2. A U.S. firm, organization, or interest;
   3. An international organization in which the U.S. government participates; or
   4. A foreign government; and
   5. had been in substantially continuous employment by such employer under conditions which provided for his/her return transportation to the U.S., the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the former Canal Zone, or a possession of the U.S.
4. As a condition of employment by a government agency, the employee was required by that agency to move to another area, in cases specifically authorized by the head of the agency.
5. Section 3 above may be waived by the head of the agency upon determination that unusual circumstances in an individual case justify such action.

Note: LQA expenses that include utilities must be reconciled annually with servicing Embassy personnel.

301-1-110: Curtailment of Tour of Duty

A. The following examples may constitute curtailment for reasons beyond the employee's control:

1. Serious illness of the employee or a member of the employee’s immediate family for which adequate medical treatment is not available in the overseas area; or
2. Illness or death in the employee's family that is not in the overseas area of assignment and imposes upon the employee the care of a minor child, a parent or other family member; or
3. Inability of the employee's immediate family to adjust to overseas living environment, causing disruption to the family; or
4. When the employee or a family member is determined to be unwelcome to remain in the foreign country by the host government for reasons beyond the employee’s control; or
5. When curtailment is required due to safety, security or is otherwise in the U.S. national interest.

Note: OpDivs and StaffDivs are responsible for ensuring placement of their employee into a position at the grade of record or an equivalent position of the same grade, series and rate of pay upon return from an overseas tour of duty.

301-1-120: Place of Actual Residence/Home of Record

The place of actual residence, for travel and transportation allowances in connection with curtailment or between tours of duty, is ordinarily the place where the employee was residing at the time of appointment or transfer. If an employee is hired from outside CONUS or its territories or possessions or in Puerto Rico, at the time of appointment, the employee must designate on the Form HHS-355A his/her legal residence. An alternate place of residence may not be made by the employee for personal reasons. The responsibility for making that determination is primarily an administrative one. Should a question arise within the Department concerning an overseas employee's legal residence, the question may be submitted by the approving official to the Office of the General Counsel for advice.

301-1-130: Appointment Requirements

A. Employment Agreement (see Form HHS-355A at Exhibit A).

1. New employees being appointed to overseas duty stations must sign employment agreements before being transferred overseas. Current employees must sign their employment agreement prior to their appointment or transfer to assignment overseas (see Exhibit A).
2. Each employment agreement should specify the duration of the overseas assignment and the date the employee is expected to report to duty.
3. The operating HRO or designated office will record on the agreement the official date the employee reports for duty.
4. The original signed employment agreement must be filed on the left side of the employee's Official Personnel Folder (OPF) or in the appropriate electronic version.
5. The employee shall be given a copy of the completed agreement. Additional copies of the agreement may be prepared as needed.

B. Clearances

• Medical; and
• Security clearances must be granted.

C. Training

1. Department of State Security Overseas Seminar (MQ911)

This two-day program is designed to meet the security awareness needs of U.S. government personnel and families going overseas. Security experts offer guidance on a range oftopics, including:

• personal security
• safety, health, and environmental hazards
• explosives:identification and safetymeasures
• fire safety
• evacuation planning
• crisis management
• surveillance
• foreign intelligence
• hostage survival

2. Working in an Embassy (PN113) is an online course that introduces employees of U.S. government agencies and their eligible family members to the structure and function of United States embassies and consulates overseas. It is designed to assist them in working in a diplomatic environment. Course segments are designed to make participants more productive and effective members of the embassy team by helping them to prepare for their first overseas assignment.

D. Passport

Employees and their family members who are U.S. citizens are required to have official or diplomatic U.S. passports for entry into foreign countries. For passport and visa requirements and required country clearance, security approvals, health clearance etc., see the HHS Travel Policy Manual sections 6.2.2 through 6.2.6.

E. Travel Order (Form HHS-1)

For documentation and processing requirements for preparing Form HHS-1, Travel Order, refer to the HHS Travel Policy Manual http://www.hhs.gov/travel/policies.

F. Foreign Allowances Application, Grant and Report (SF 1190)

This is the official pay document which authorizes overseas benefits (i.e., post differential, danger pay, TQSE/TQSA, LQA, post allowance, SMA, education allowance, transfer allowance, and advances of pay). The payroll office uses this form to disburse pay in accordance with entitlements. (See Exhibit C.)

G. Cable Notification

An official overseas cable notification must be sent to the Embassy indicating the actual arrival date in country. This document should also be sent to the servicing OpDiv HR office to process personnel actions. The cable determines the effective date of personnel benefits and related entitlements. (See Exhibit D.)

For information on Diplomatic status, refer employees to the Department of State’s Administrative and Technical Diplomatic Status Handbook, Bureau of Diplomatic Security, Office of Foreign Missions, Personnel of National Missions to International Organizations.

Exhibit A: Employment Agreement for Transfers and Appointments Overseas, HHS Form 355A

The form can be found at this link: http://intranet.hhs.gov/forms/hhs_forms/hhs-355a.pdf

The complete form can be found at: http://intranet.hhs.gov/forms/hhs_forms/hhs-355a.pdf

Exhibit B: Sample Form - Request for Employee Relocation

The form can be found at the following link: http://www.irs.gov/pub/irs-pdf/f12451.pdf

Exhibit C: Foreign Allowances Application, Grant and Report, SF 1190

The form can be found at the following link: http://www.state.gov/documents/organization/80162.pdf

Exhibit D: Sample Cable

Post's response to NSDD-38 request

UNCLASSIFIED   AMMAN   00000744

VZCZCXYZ0000

RR RUEHWEB

DE RUEHC #0744/01 0691637

ZNR UUUUU ZZH

R 101547Z MAR 11

FM SECSTATE WASHINGTON DC

TO RHMCSUU/DEPT OF HHS WASHINGTON DC

R 101547Z MAR 11

FM AMEMBASSY AMMAN

TO RUEHC/SECSTATE WASHDC 1400

INFO RUEHAM/AMEMBASSY AMMAN

BT

UNCLAS AMMAN 000744

FOR M/PRI, HR/RMA/CSEP, NEA/EX/PMO, DS/IP AND OBO/OPS

E.O. 13526: N/A

TAGS: AODE, AMGT, KMRS, KCOM, JO

SUBJECT: NSDD-38: DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS), FOOD

AND DRUG ADMINISTRATION (FDA) REQUEST TO ADD POSITIONS IN AMMAN,

JORDAN

REF: A) STATE 19850; B) NSDD-38 CASE NUMBER HHS-HEA6-0002-2011;

1.  THIS MESSAGE PROVIDES CHIEF OF MISSION APPROVAL FOR THE FOLLOWING

TWO DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS), FOOD AND DRUG

ADMINISTRATION (FDA) POSITIONS.

A. SENIOR REGIONAL ADVISOR, GS-15

B. FDA PROGRAM COORDINATOR, FSN-12

2. A.  THE SENIOR REGIONAL ADVISOR POSITION WILL SERVE AS THE FDA

REPRESENTATIVE AND LEAD MANAGEMENT OFFICIAL FOR FDAS PRESENCE IN

JORDAN.  THIS POSITION WILL SUPPORT THE ENTIRE MIDDLE EAST AND NORTH

AFRICA REGION.  THIS POSITION WILL BE RESPONSIBLE FOR IMPLEMENTING A

WIDE RANGE OF ACTIVITIES THAT WILL EXPAND THE FDAS REACH, LEVERAGE

SCIENCE, KNOWLEDGE AND RESOURCES, AND INCREASE THE FDAS ABILITY TO

PROTECT U.S. CONSUMERS FROM UNSAFE PRODUCTS.

B. THE FDA PROGRAM COORDINATOR POSITION WILL ADVISE THE FDA SENIOR

REGIONAL ADVISOR ON APPROPRIATE APPROACHES AND STRATEGIES FOR

COLLABORATION WITH THE MIDDLE EAST AND NORTH AFRICA REGULATORY

AUTHORITIES AND ASSIST IN THE PLANNING, OVERSIGHT AND CONDUCT OF

VARIOUS PROJECTS WITH THESE AGENCIES.  THE INCUMBENT WILL SERVE AS A

LIAISON TO THE REGULATORY AGENCIES, INDUSTRY ORGANIZATIONS, AND

EDUCATIONAL INSTITUTIONS ON PROJECTS AND ACTIVITIES RELATED TO THE

SAFETY AND QUALITY OF FDA-REGULATED PRODUCTS.  ALTHOUGH THE FDA

SUGGESTS THIS LOCALLY EMPLOYED STAFF POSITION BE GRADED AT THE FSN-12

LEVEL, THE ACTUAL POSITION GRADE WILL BE DETERMINED THROUGH THE

DEPARTMENT OF STATE COMPUTER AIDED JOB EVALUATION (CAJE) PROCESS.

C. THE FOOD AND DRUG ADMINISTRATION (FDA) HAS A STATUTORY MANDATE TO

PROTECT AND PROMOTE PUBLIC HEALTH THROUGH INTERNATIONAL

COLLABORATION.  SECTION 903 (B) (3) OF THE FEDERAL FOOD, DRUG, AND

COSMETIC ACT STATES, PARTICIPATE THROUGH APPROPRIATE PROCESSES WITH

REPRESENTATIVES OF OTHER COUNTRIES TO REDUCE THE BURDEN OF

REGULATION, HARMONIZE REGULATORY REQUIREMENTS, AND ACHIEVE

APPROPRIATE RECIPROCAL ARRANGEMENTS.  IN RESPONSE TO A GROWING NUMBER

OF SAFETY PROBLEMS WITH PRODUCTS IMPORTED INTO THE U.S., CONGRESS

APPROVED THE RESOURCES FOR FDA TO ESTABLISH A PERMANENT PRESENCE

ABROAD TO HELP IMPROVE THE SAFETY AND QUALITY OF SUCH PRODUCTS.  THE

PURPOSE OF THIS FDA OFFICE IS TO GATHER BETTER KNOWLEDGE ABOUT THE

PRODUCTION OF FDA-REGULATED PRODUCTS IN THE REGION OF THE MIDDLE EAST

AND NORTH AFRICA; ENGAGE WITH COUNTERPARTS ABROAD TO LEVERAGE

SCIENTIFIC, INSPECTIONAL AND OTHER RESOURCES; HELP DEVELOP FOREIGN

AGENCIES CAPACITY TO OVERSEE THE PRODUCTION OF SAFE PRODUCTS; AND

BETTER MEET U.S. SECURITY NEEDS.  THERE ARE A NUMBER OF FOOD AND

MEDICAL PRODUCT MANUFACTURERS IN THE MIDDLE EAST AND NORTH AFRICA WHO

EXPORT THEIR PRODUCTS TO THE U.S. AND FOR WHICH AN FDA PRESENCE WILL

FACILITATE THE CONDUCT OF REQUIRED INSPECTIONS, HELP IMPROVE

REGULATORY OVERSIGHT, AND HELP ENSURE THAT PRODUCTS EXPORTED TO THE

U.S. MEET REQUIREMENTS.

3.  ADMINISTRATIVE ISSUES:  THE TWO HHS/FDA POSITIONS WILL BE LOCATED

WITHIN THE U.S. EMBASSY IN AMMAN.  HHS/FDA WILL FUND ANY RENOVATIONS,

BOTH TEMPORARY AND PERMANENT, OF CHANCERY OFFICE SPACE ASSOCIATED

WITH THESE NEW POSITIONS, AS WELL AS ANY COSTS INCURRED IF IT IS

NECESSARY TO DISPLACE OTHER EMBASSY STAFF TO ACCOMMODATE THE

TEMPORARY OR PERMANENT HHS/FDA OFFICES.  OTHER SHARED SUPPORT

SERVICES, AS APPROPRIATE AND AUTHORIZED FOR THESE POSITIONS, SUCH AS

HEALTH UNIT, CASHIER ACCOMMODATION EXCHANGE, MOTOR POOL, MAILROOM

(POUCH AND DPO) AND RESIDENTIAL MAINTENANCE WILL BE PROVIDED UNDER

POST'S ICASS AGREEMENT WITH FUNDING FROM HHS/FDA.  IF, IN THE

JUDGMENT OF THE MANAGEMENT COUNSELOR, THE NEW POSITIONS GENERATE A

NEED FOR ADDITIONAL ICASS-FUNDED SUPPORT POSITIONS, HHS/FDA WILL

AGREE TO SUPPORT ICASS COUNCIL ACTION TO ADD MORE ICASS STAFF.

FURTHERMORE, HHS/FDA WILL PROVIDE ITS PROPORTIONATE SHARE OF THE

FUNDING ASSOCIATED WITH THESE ADDITIONAL POSITIONS.  FUNDING WILL

INCLUDE, BUT NOT BE LIMITED TO, SALARY AND BENEFITS, OFFICE FURNITURE

AND EQUIPMENT, COMPUTER, AND TELEPHONE.  THESE POSITIONS ALSO WILL BE

INCLUDED IN THE APPROPRIATE ICASS COUNTS FOR HHS/FDA.

4.  HHS/FDA AGREES TO COVER ALL COSTS DIRECTLY RELATED TO

ESTABLISHING AN OFFICE AND THESE POSITIONS (FURNITURE, FURNISHINGS,

EDUCATIONAL FUNDING, HOUSING, RESIDENTIAL MAKE-READY COSTS,

RESIDENTIAL SECURITY UPGRADES, SUPPLIES, EQUIPMENT, UTILITIES, ETC.)

THESE TOTAL COSTS ARE ESTIMATED TO BE $169,863 FOR A SINGLE U.S.

DIRECT-HIRE EMPLOYEE, AND $243,114 FOR A MARRIED U.S. DIRECT-HIRE

EMPLOYEE WITH TWO CHILDREN.  PLEASE NOTE THAT HOUSING IS NOT PROVIDED

TO THE LOCALLY HIRED STAFF FDA PROGRAM COORDINATOR POSITION, AND THAT

RESIDENTIAL SERVICES AND COSTS WILL NOT APPLY TO THIS POSITION.  IN

ADDITION TO THQESTIMATED COSTS, HHS/FDA ALSO WILL BE REQUIRED TO

PROVIDE FUNDING FOR ANY AND ALL CONSTRUCTION COSTS RELATED TO THE

RENOVATION OF OFFICE SPACE USED BY THEIR STAFF, BOTH TEMPORARY AND

PERMANENT.  HHS/FDA WILL ALSO PROVIDE FUNDING FOR ANY COSTS INCURRED

IF IT IS NECESSARY TO DISPLACE OTHER EMBASSY STAFF TO ACCOMMODATE THE

TEMPORARY OR PERMANENT HHS/FDA OFFICES.  AS IS THE CASE WITH ALL U.S.

DIRECT-HIRE EMPLOYEES ASSIGNED TO JORDAN UNDER CHIEF OF MISSION

AUTHORITY, THE SENIOR REGIONAL ADVISOR POSITION WILL HOUSED UNDER THE

MISSION HOUSING PROGRAM UNDER WHICH HOUSING WILL BE IDENTIFIED AND

ASSIGNED BY THE POST INTERAGENCY HOUSING BOARD.  HHS/FDA ALSO WILL

PARTICIPATE IN THE EMBASSY FURNITURE AND APPLIANCE POOL FOR THE

SENIOR REGIONAL ADVISOR POSITION.  THE INCUMBENT OF THE SENIOR

REGIONAL ADVISOR HHS/FDA U.S. DIRECT-HIRE POSITION ALSO WILL SERVE AS

DUTY OFFICER ON A ROTATIONAL BASIS WITH OTHER DIRECT-HIRE AMERICAN

PERSONNEL.

5.  TRAINING ISSUES:  AS A CONDITION OF APPROVAL, HHS/FDA AGREES THAT

ASSIGNED U.S. DIRECT-HIRE PERSONNEL AND ACCOMPANYING DEPENDENTS WILL

HAVE SECURITY AWARENESS TRAINING SUCH AS STATE'S TWO-DAY SECURITY

OVERSEAS SEMINAR, OR EQUIVALENT TRAINING CERTIFIED BY THE MCC AS

MEETING THIS REQUIREMENT.  ALL U.S. DIRECT-HIRE PERSONNEL WHO HAVE

NOT PREVIOUSLY SERVED AT AN EMBASSY WILL TAKE THE STATE DEPARTMENTS

COURSE INTRODUCTION TO WORKING IN AN EMBASSY PRIOR TO ARRIVAL IN

AMMAN.  ANY HHS/FDA U.S. DIRECT-HIRE PERSONNEL RESPONSIBLE FOR

RESOURCES WHO HAVE NOT PREVIOUSLY SERVED ON AN ICASS COUNCIL WILL

TAKE THE APPROPRIATE DEPARTMENT OF STATE ICASS TRAINING.

6.  NSDD-38 DECISION:  BELOW ARE POST'S RESPONSES FOR THE APPROVED

POSITION:

A.  IS THE NEED FOR THE PROPOSED STAFFING CHANGE REFLECTED IN THE

MOST RECENT MSP?  IF SO, UNDER WHICH GOAL?  IF NOT, WHAT

CIRCUMSTANCES HAVE CHANGED TO JUSTIFY THE NSDD-38 PROPOSAL?

THE HHS/FDA POSITIONS WERE NOT INCLUDED IN POSTS FY-2012 MISSION

STRATEGIC PLAN (MSP).  HOWEVER, THESE POSITIONS SUPPORT EMBASSY

AMMANS MSRP GOAL NUMBER 5, TO ENCOURAGE JORDAN TO REDUCE ITS DEFICIT,

CONTINUE TAX AND REGULATORY REFORM, ENHANCE INTELLECTUAL PROPERTY

RIGHTS ENFORCEMENT, CREATE JOBS AND IMPLEMENT ENERGY AND WATER

CONSERVATION MEASURES.  JORDAN HAS AN EMERGING PHARMACEUTICAL

INDUSTRY THAT WILL BENEFIT FROM FDA CERTIFICATION TO EXPORT PRODUCTS,

WHILE AT THE SAME TIME ENSURING THE SAFETY OF PRODUCTS SOLD IN THE

U.S.  BECAUSE THE CURRENT CLIMATE IN FOOD AND DRUG SAFETY INITIATIVES

IN JORDAN IS EVOLVING, HHS/FDA HAS THE UNIQUE OPPORTUNITY TO SUPPORT

AND INFLUENCE SUCH EFFORTS IN A PROACTIVE MANNER.  THE U.S. HAS

IMPLEMENTED THE GENERALIZED SYSTEM OF PREFERENCES (GSP) UNDER U.S.

LAW TO EXEMPT THE EXPORTATION OF JORDANIAN PRODUCTS INCLUDING

COUSCOUS AND OLIVE OIL FROM ALL TAXES AND FEES.  HOWEVER, SUCH

EXPORTATION WILL BE POSSIBLE ONLY IF THESE FDA-REGULATED PRODUCTS

COMPLY WITH THE FDA FOOD SAFETY REGULATIONS AND REQUIREMENTS, AND

ONLY IF THE JORDANIAN MANUFACTURERS KNOW THE FDA EXPORT REQUIREMENTS

TO THE U.S., SUCH AS FACILITY REGISTRATION, PRIOR NOTICE OF EXPORT,

AND PROPER LABELING OF THESE FOODS.  AN FDA PRESENCE AT THE EMBASSY

WILL SUPPORT SUCH EFFORTS.

TWO YEARS AGO THE REQUEST FROM HHS/FDA TO OPEN A REGIONAL OFFICE IN

AMMAN WITH THREE U.S. DIRECT-HIRE PERSONNEL, PLUS LOCAL STAFF, WAS

DENIED IN 09 AMMAN 00744 DUE TO LACK OF SPACE WITHIN THE EMBASSY.  IN

THAT TELEGRAM POST NOTED THAT WHILE IT IS AWARE OF THE IMPORTANCE OF

ADDING THIS REGIONAL HHS/FDA OFFICE AND POSITIONS, AT THE CURRENT

TIME POST DOES NOT HAVE OFFICE SPACE AVAILABLE. . . . IF ADDITIONAL

SPACE BECOMES AVAILABLE IN THE FUTURE, POST AT THAT TIME WILL WORK

WITH FDA TO CONSIDER A RESUBMISSION OF THIS REQUEST.  AS REQUESTED BY

M/PRI IN REFTEL A, PARAGRAPH 3-A, THE CURRENT APPROVAL OF HHS/FDAS

REQUEST IS BASED ON THE UPCOMING AVAILABILITY OF OFFICE SPACE WITHIN

THE EMBASSY TO MEET THE NEEDS OF A TWO-PERSON HHS/FDA PRESENCE.

B.  IF THE AGENCY PROPOSES TO ADD STAFFING BASED ON WORKLOAD, ARE

THERE OTHER RESOURCES ALREADY PRESENT AT POST THAT ARE PERFORMING OR

COULD PERFORM THE FUNCTION?

CURRENTLY THERE IS NO HHS/FDA PRESENCE IN AMMAN.  OTHER AGENCIES DO

NOT HAVE THE DEPTH OF TECHNICAL KNOWLEDGE NECESSARY FOR THESE

POSITIONS, NOR THE CAPACITY TO HANDLE THE DEMANDS.

C.  COULD THE FUNCTION BE ACCOMPLISHED THROUGH THE USE OF TDY,

FOREIGN NATIONAL, CONTRACT, OR OTHER LOCAL HIRE PERSONNEL?

WITHOUT A PERMANENT AND CONTINUOUS PRESENCE IN THE REGION, HHS/FDA

CANNOT BUILD WITH ITS MIDDLE EAST AND NORTH AFRICA COUNTERPARTS THE

TRUSTING AND LONG-LASTING RELATIONSHIPS THAT WILL BE INSTRUMENTAL IN

ACHIEVING THE REGULATORY COOPERATION THAT IS NECESSARY TO PREVENT

UNSAFE PRODUCTS FROM BEING SHIPPED TO THE UNITED STATES.

D. IDENTIFY THE SPECIFIC ADMINISTRATIVE SUPPORT, SPACE, AND FUNDING

ARRANGEMENTS THAT HAVE BEEN MADE FOR THE INCREASE IN STAFFING.

HHS/FDA WILL BE REQUIRED TO PAY ALL DIRECT COSTS RELATED TO THE NEW

POSITIONS, TO INCLUDE START-UP AND RECURRING COSTS AS OUTLINED ABOVE.

 THE FULL RANGE OF ICASS SERVICES WILL BE PROVIDED TO THE INCUMBENTS

OF THESE NEW POSITIONS AND ANY DEPENDENTS, AS AUTHORIZED.  THE OFFICE

SPACE FOR THE FSN POSITION WILL BE IN NON-CONTROLLED ACCESS AREA

(CAA) SPACE.

E.  DO THE BENEFITS OF INCREASING THE STAFF OUTWEIGH THE INHERENT

SECURITY RISKS ASSOCIATED WITH ADDITIONAL PERSONNEL?

THE HHS/FDA POSITIONS WILL PROTECT U.S. CONSUMERS FROM UNSAFE

PRODUCTS, AND WILL BENEFIT JORDAN AND THE REGION BY

CAPACITY-BUILDING, TECHNICAL COOPERATION, AND QUALITY IMPROVEMENT OF

FDA-REGULATED PRODUCTS IN THE REGION.  THE POTENTIAL BENEFITS OF THE

WORK OF THESE POSITIONS GREATLY OUTWEIGH THE SECURITY RISKS

ASSOCIATED WITH THEIR CREATION.

7.  BASED UPON THE INFORMATION PROVIDED BY THE DEPARTMENT OF HEALTH

AND HUMAN SERVICES (HHS) FOOD AND DRUG ADMINISTRATION (FDA), AND

SUBJECT TO THE TERMS AND CONDITIONS OUTLINED ABOVE, CHIEF OF MISSION

APPROVAL IS HEREBY GRANTED FOR THE ESTABLISHMENT OF THE TWO REQUESTED

POSITIONS.

BEECROFT

BT #0744 NNN

NSDD 38  Request to Add a Position In Beijing, China

 

UNCLASSIFIED

 

Info Office:          RIGHTSIZING_NSDD38, ADMIN, Strategic

________________________________________

MRN:                     13 BEIJING 976

Date/DTG:           Mar 28, 2013 / 280241Z MAR 13

From:                    AMEMBASSY BEIJING

Action:                  WASHDC, SECSTATE ROUTINE; BEIJING, AMEMBASSY ROUTINE

E.O.:                      13526

TAGS:                   AMGT, KCOM, ASEC, AODE, KMRS, CH

Reference:            A) 13 STATE 14862

B) 05 STATE 188803

C) NSDD 38 CASE NUMBER HHS-HEA6-0003-2013

D) NSDD-38 WEBSITE GUIDANCE FOR CHIEF OF MISSION

Pass Line:             FOR M/R EAP/EX:KCSTANTON, DS/IP/RD:CEGALLO, OBO/PRE/OSP:JSLUPP, M/PRI

Subject: NSDD 38 Department of Health and Human Services (HHS), Food and Drug Administration (FDA) Request to Add a Position In Beijing, China

                               

1. In accordance with NSDD-38 procedures and in response to Ref A, Mission China hereby grants approval, as outlined below, for the Department of Health and Human Services (HHS), Food and Drug Administration (FDA), to add one (1) United States direct-hire (USDH) full-time position in Beijing, China, as follows:

 

Beijing:

 

FDA-Overseas Criminal Investigator (OCI), GS-14

 

1.             Approval of the request to add one (1) position would put the number of USDH Department of Health and Human Services, Food and Drug Administration positions in China to twenty-eight (28): six (6) in Beijing, nine (9) in Guangzhou, and thirteen (13) in

2.             Shanghai.  Current USDH Department of Health and Human Services, Food and Drug Administration, staffing in China is outlined below:

 

--------

Beijing

--------

1. FDA Country Director, PSN. 96-320, GS-15, Mars, Christian

2. FDA Deputy Country Director, PSN. 96-320, GS - 15, Smith, Carolyn

3. FDA Assistant Country Director, PSN. GS-14, Harold, James

4. FDA Assistant Country Director, PSN. 96-323, GS-14, Sinclair, Essie

5. FDA Assistant Country Director, PSN. 96-324, GS-14, Barrett, Reginald

 

ADD:

 

6. FDA-Overseas Criminal Investigator (OCI), GS-14, NEW

 

-----------

Guangzhou

-----------

7. Senior Assistant FDA Country Director, PSN. 96-326, GG-15, VACANT

8. Assistant FDA Country Director, PSN. 96-327, GG-13, Steward, David

9. Senior Assistant FDA Country Director, PSN. 96-328, GS-14, Campbell, Irene

10. Assistant FDA Country Director, PSN. 96-329, GS-13, VACANT (NSDD 38 12 BEIJING 4314)

11. Assistant FDA Country Director, NEW, GG-11/12/13/14, VACANT (NSDD 38 12 BEIJING 4314)

12. Assistant FDA Country Director, NEW, GG-11/12/13/14, VACANT (NSDD 38 12 BEIJING 4314)

13. Assistant FDA Country Director, NEW, GG-11/12/13/14, VACANT (NSDD 38 12 BEIJING 4314)

14. Assistant FDA Country Director, NEW, GG-11/12/13/14, VACANT (NSDD 38 12 BEIJING 4314)

15. Assistant FDA Country Director, NEW, GG-11/12/13/14, VACANT (NSDD 38 12 BEIJING 4314)

 

-----------

Shanghai

-----------

16. Senior Assistant FDA Country Director, PSN. 95-111037, GS-14, Gill, Virginia

17. Assistant FDA Country Director, PSN. 96-324, GS-14, Matthews, Laurie

18. Assistant FDA Country Director, PSN. 96-325, GG-13, VACANT

19. Senior FDA Assistant Country Director, NEW (NSDD38 12 Beijing 4314), GS-

 

15, McGee, Jacobi (awaiting visa)

19. FDA Assistant Country Director, PSN. 00-261200, GS-14, Jones, David (awaiting visa)

20. Assistant FDA Country Director, PSN. 00-251200, GG-14, VACANT

21. Assistant Country Director, NEW, GG-14, VACANT (NSDD 38, 12 BEIJING 1360)

22. Assistant Country Director, NEW, GG-13, VACANT (NSDD 38, 12 BEIJING 1360)

23. Assistant Country Director, NEW, GG-13, VACANT (NSDD 38, 12 BEIJING 1360)

24. Assistant Country Director, NEW, GG-13, VACANT (NSDD 38, 12 BEIJING 1360)

25. Assistant Country Director, PSN. 00-294402, GS-12, Simmons, Marvin (awaiting visa)

26. Assistant Country Director, NEW, GG-11, VACANT (NSDD 38, 12 BEIJING 1360)

27. Assistant Country Director, NEW, GG-12, VACANT (NSDD 38, 12 BEIJING 4314)

 

3. Responses to Ref A follow:

 

(1) Is the need for the proposed staffing change reflected in the most recent MSRP?  If so, under which goal?  If not, what circumstances have changed to justify the NSDD-38 proposal?

 

Yes. This position would support Mission China’s FY 13 MSRP under the MSRP’s first goal, “Enhancing Economic Growth, Stability and Job Creation,” which states that Mission China “seek[s] . . . protection and enforcement of intellectual property rights.” This position also supports the Mission’s sixth goal, “Countering Global Threats to Public Health,” which emphasizes that “FDA staff will collaborate with national authorities as they enforce their own standards for the safety of food and drugs, and provide technical assistance in the area of food and drug safety.” FDA’s criminal investigator will focus his/her attention on public health threats associated with substandard, spurious, falsely-labeled, falsified, and counterfeit (SSFFC) drugs. SSFFC drugs sourced from China pose significant public health threats to the global drug supply, and frequently infringe on intellectual property rights. FDA criminal investigators receive special training to detect and investigate sources of SSFFC pharmaceutical products, and will encourage Chinese authorities to work to enforce existing Chinese laws against firms and individuals that manufacture such products.

 

(2) If the agency proposes to add staffing based on workload, are there other resources already present at Post that are performing or could perform the function?

 

No. A majority of counterfeit drugs marketed globally have their origins in China. FDA criminal investigators receive extensive ongoing training, and develop in-depth skills, in methods for investigating criminal activity connected with FDA-regulated products that are manufactured, processed and distributed through criminal means. FDA’s criminal investigator would build on the work FDA’s Office of Criminal Investigations (OCI) is currently undertaking with China’s State Food and Drug Administration in this area. Other FDA inspectors currently based in China lack the expertise to perform such work, and focus their work in the areas of the safety of legitimate food and drug manufacturing.

 

(3) Could the function be accomplished through the use of TDY visits, commercial contracts, host country nationals, American family members, third country nationals, resident Americans or other local hire personnel?

 

No. As noted above, FDA criminal investigators receive extensive ongoing training, and develop in-depth skills, in methods for investigating criminal activity connected with FDA-regulated products that are manufactured, processed and distributed through criminal means. While FDA performs significant work in this area from FDA/OCI in the United States, to date, FDA has lacked peer-to-peer relationships with relevant Chinese regulatory and law-enforcement authorities that would undergird full implementation of work in this area.

 

(4)  What specific administrative support, space, and funding arrangements are required to accommodate this staffing change?  Please list the minimum ICASS cost centers in which the requesting agency must enroll.

 

FDA’s criminal investigator would sit with staff from FDA’s China Office, and report to the FDA Country Director. An additional desk and necessary State and FDA IT connections could be added to FDA’s existing office space in Yi Ban, and sufficient space would exist for this staff, along with existing staff, in FDA’s planned office location in the U.S. Embassy Beijing Annex, targeted for occupancy in 2015. Current LE Staff support in the FDA Beijing Office would be sufficient to support the added work of this investigator.  FDA is already enrolled in relevant ICASS cost centers, and would not need to add additional cost centers to support this position.

 

(5)  Do the benefits of increasing Post’s presence outweigh the inherent security risks associated with additional personnel and their dependents? 

The addition of this position would expand FDA’s work into areas that support the current MSRP that FDA is not able to support with current staffing. Given the collocation of this position with current FDA operations, increased security risks are not anticipated.

 

UNCLASSIFIED   AMMAN   00000744

 

Signature:            LOCKE

________________________________________

Drafted By:          BEIJING: Swift, Loretta (Beijing)

Cleared By:         FDA :Mars, Christian  (Beijing)

                HR: Lopez, Janet (Beijing)

                FAC: Crane, Jennifer (Beijing)

                GSO: White, Sonji (Beijing)

                FMC: Wolinski, Greg (Beijing)

                RSO: Avery, Tricia (Beijing)

                MGMT: Goldenburg, Jackie (Beijing)

                MGMT :Rusholm, Patrice (Beijing)

                EXEC: Hilderbrand, Raymona (Beijing)

Approved By:      EXEC: Hilderbrand, Raymona (Beijing)

Released By:        BEIJING: Swift, Loretta (Beijing)

________________________________________

Action Post:         NONE

Dissemination Rule:          Passline_M_PRI, DIS_ADMIN, Strategic

 

NSDD 38 - Request to Abolish Positions in Amman, Jordan

 

UNCLASSIFIED

 

Info Office:          RIGHTSIZING_NSDD38, ADMIN

________________________________________

MRN:     13 AMMAN 2552

Date/DTG:           Oct 27, 2013 / 271237Z OCT 13

From:    AMEMBASSY AMMAN

Action:  WASHDC, SECSTATE ROUTINE

 

E.O.:      13526

TAGS:   AODE, APER, AMGT, ASEC, KCOM, KMRS, KSPR, JO

Reference:            A) 13 STATE 140820

B) NSDD 38 CASE NUMBER HHS-HEA6-0009-2013

Pass Line:             DS/DSS/IP:MHROSS

OBO/PRE/OSP:JSLUPP

M/PRI:AMPONCE

Subject: NSDD 38 - HHS/FDA Request to Abolish Positions in Amman, Jordan

1.  The Chief of Mission has carefully examined subject request in light of rightsizing and regionalization considerations and approves the Department of Health and Human Services (HHS), Food and Drug Administration (FDA) request to decrease the following positions from Post's complement effective January 2014:

U.S. Direct Hire: 
-- Senior Regional Advisor, GS-15

Locally Employed Staff:
-- FDA Program Coordinator, Direct-Hire locally-recruited, FSN-12

2.  The elimination of these positions will not impede realization of the mission’s overall goals.

3.  Upon decrease of these positions, post confirms FDA will have no presence in Jordan.

4.  For additional information contact Management Counselor Eric Stromayer at [email protected]

 

Signature:            JONES

________________________________________

Drafted By:          Jordan, Nicholas (Amman)

Cleared By:         EXEC:Phillips, Jacqueline (Amman)

                FDA:Gotham, Marcia (Amman)

                EXEC:Stromayer, Eric W (Amman)

                GSO:Springstein, Phil (Amman)

                FMO:Yang, Henry T (Amman)

Approved By:      EXEC:Jones, Stuart (Amman)

Released By:        Jordan, Nicholas (Amman)

Info:       Ponce, Antoinette M ROUTINE; @fda.hhs.gov ROUTINE; @fda.hhs.gov ROUTINE; Libfda (@fda.hhs.gov) ROUTINE

________________________________________

Action Post:         NONE

Dissemination Rule:          Passline_M_PRI, DIS_ADMIN

Exhibit E: Travel Allowances for First Official Station outside the Continental United States (OCONUS)

Source: Federal Travel Regulation[1]

Table B: Assigned to First Official Station Outside the Continental United States (OCONUS)
Column 1— Relocation allowances that agency must pay or reimburse	Column 2— Relocation allowances that agency has discretionary authority to pay or reimburse
(1) Transportation of employee & immediate family member(s) (to include domestic partner) (Part 302-4 of this chapter).	(1) Shipment of privately owned vehicle (POV) (Part 302-9 of this chapter).
(2) Per diem employee only (Part 302-4).	(2) Temporary quarters subsistence expense (TQSE) is not authorized in a foreign area; however, you may be entitled to the following under the Department of State Standardized Regulations (Government Civilians-Foreign Areas) which is available from the Superintendent of Documents, Washington, DC 20402. (a) Foreign Transfer Allowance (FTA) (Subsistence Expense) for quarters occupied temporarily before departure from the 50 states or the District of Columbia for an official station in a foreign area incident to a permanent change of station and travel to first official station overseas. (b) Temporary quarters subsistence allowance (TQSA) when a transfer is authorized to a foreign area. (c) The miscellaneous expense portion of the FTA is authorized incident to first official station travel to a foreign area.
(3) Transportation & temporary storage of household goods (Part 302-7 of this chapter).	(3) Use of relocation service companies only when transfer is to Alaska or Hawaii (Part 302-12 of this chapter).
4) Extended storage of household goods (Part 302-8 of this chapter).	(4) Home marketing incentives only when transfer is to a non-foreign OCONUS area (Part 302-15 of this chapter).

Exhibit F: Travel Allowances for Transfer from an Official Station in the Continental United States (CONUS) to an Official Station OCONUS

Source: Federal Travel Regulation[2]

Table B: Transfer From CONUS to an Official Station Outside the Continental United States (OCONUS)
Column 1— Relocation allowances that agency must pay or reimburse	Column 2— Relocation allowances that agency has discretionary authority to pay or reimburse
(1)Transportation & per diem for employee & immediate family member(s) (to include domestic partner) (Part 302-4 of this chapter).	(1)Temporary quarters subsistence expense (TQSE) is not authorized in a foreign area, however, you may be entitled to the following under the Department of State Standardized Regulations (DSSR) (Government Civilians-Foreign Areas): (a)A Foreign Transfer Allowance (FTA) for quarters occupied temporarily before departure from the 50 states or the District of Columbia for an official station in a foreign area incident to a permanent change of station and travel to first official station overseas. (b)Temporary quarters subsistence allowance (TQSA).
(2)Miscellaneous expense allowance (Part 302-16 of this chapter).	(2)Property management services (Part 302-15 of this chapter).
(3)Transportation & temporary storage of household goods (Part 302-7 of this chapter).	(3)Shipment of a privately owned vehicle (Part 302-9 of this chapter).
(4)Extended storage of household goods (Part 302-8 of this chapter).	(4)Use of relocation service companies when transfer is to Alaska or Hawaii (Part 302-12 of this chapter).
(5)Relocation income tax allowance (RITA) (Part 302-17 of this chapter).1	(5)Home marketing incentives when transfer is to Alaska or Hawaii (Part 302-15 of this chapter).

 

1Note to Column 1, Item 5: Allowed when old and new official stations are located in the United States. Also allowed when instead of being returned to the former non-foreign area official station, an employee is transferred in the interest of the government to a different non-foreign area official station than from the official station from which transferred when assigned to the foreign official station.

Exhibit G: Travel Allowances for Transfer from OCONUS to an Official Station in CONUS

Source: Federal Travel Regulation[3]
Table C: Transfer From OCONUS Official Station to an Official Station in CONUS
Column 1— Relocation allowances that agency must pay or reimburse	Column 2— Relocation allowances that agency has discretionary authority to pay or reimburse
(1)Transportation & per diem for employee & immediate family member(s) (to include domestic partner) (Part 302-4 of this chapter).	(1)Shipment of a privately owned vehicle (Part 302-9 of this chapter).
(2)Temporary quarters subsistence expense (TQSE) (Part 302-6 of this chapter).Note 1 below
(3)Miscellaneous expense allowance (Part 302-16 of this chapter).
(4)Sell & buy residence transaction expenses or lease termination expenses (Part 302-11 of this chapter). Note 2 below
(5)Transportation & temporary storage of household goods (Part 302-7 of this chapter).
(6)Extended storage of household goods only when assigned to a designated isolated official station in CONUS (Part 302-8 of this chapter).
(7)Relocation income tax allowance (RITA) (Part 302-17 of this chapter).

 

1Note to Column 1, Item 2: A TQSA under the DSSR may be authorized preceding final departure subsequent to the necessary vacating of residence quarters. 2Note to Column 1, Item 4: Allowed when old and new official stations are located in the United States. Also allowed when instead of being returned to the former non-foreign area official station, an employee is transferred in the interest of the Government to a different non-foreign area official station than from the official station from which transferred when assigned to the foreign official station.

Exhibit H: Domestic Partnership Affidavit

HHS INSTRUCTION 301-1

AFFIDAVIT DECLARING DOMESTIC PARTNER RELATIONSHIP[4]

 

For the purposes of obtaining benefits and assuming obligations under the Instructions and policies of the Health and Human Services, I, ________________________________________, declare that I and ________________________________________________________________________

1. 1. are each other’s sole domestic partner and intend to remain committed to one another indefinitely;
   2. have a common residence, and intend to continue the arrangement indefinitely;

 

(3) are at least 18 years of age and mentally competent to consent to contract;

(4) share responsibility for a significant measure of each other’s common welfare and financial obligations;

(5) are not married to, joined in civil union with, or domestic partners with anyone else; and

(6) are same-sex domestic partners, and not related in a way that would prohibit legal marriage in the State in which we reside.

 

I further declare that I

(7) agree to file a statement of dissolution of the domestic partnership not later than 30 days after the death of my domestic partner or the date of dissolution of the domestic partnership;

(8) understand that my domestic partner will be held to standards of conduct under HHS policy that apply to family members; and

(9) understand that falsification of information within this affidavit may constitute a criminal violation under 18 U.S.C. Section 1001 and may lead to disciplinary action.

 

Employee’s Signature: ___________________________________ Date: ___________

Name of Employee: _____________________________________________________

 

Privacy Act Statement

We are collecting this information pursuant to 42 U.S.C. § 242l(c). This affidavit is currently voluntary, and its purpose is to establish the existence of a domestic partnership when needed to receive travel and other benefits provided for under this Instruction. For lists of the routine uses of the collected information, please see HHS System of Records No. 09-90-0018.

NOTE: The agency MAY, IN THE ALTERNATIVE TO ANOTHER FORM OF DOCUMENTATION, require an affidavit (Exhibit H) establishing the existence of a domestic partnership, according to the domestic partnership criteria set forth in it, when and if the agency also requires similar documented proof of marriage between different-sex married couples. Otherwise, the affidavit is not required under this Instruction for same–sex domestic partners to receive available travel and other benefits provided for under this Instruction.