300-3: Intergovernmental Personnel Act Assignments

Material Transmitted:

Department of Health and Human Services (HHS) Instruction 300-3, Details and Intergovernmental Personnel Act (IPA) Assignments, dated 07/22/2022.

Material Superseded:

HHS Instruction 300-3, Details and IPA Assignments, dated 07/22/2013

HHS Instruction 352-1, Actions Relating to Employees with Reemployment Rights, dated 05/24/1996

Memorandum from Assistant Secretary for Administration, Amendment to HHS Instruction 330-3, dated February 14, 2019

HHS Optional Form 0.69 (E) or 0.69-3/11, Revised July 2011, HHS Assignment Agreement (IPA)

Background:

This policy revision updates Department policy on details and IPA assignments consistent with HHS and the Office of Personnel Management (OPM) policy and guidance, and applicable federal laws and regulations. HHS Operating and Staff Divisions (OpDivs/StaffDivs) are responsible for ensuring all details and IPA assignments adhere to this policy.

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

/s/
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.
Exclusions.
1. Officers in the uniformed service of the U.S. Public Health Service Commissioned Corp (42 U.S.C. §204, et seq.)
2. 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).
3. PAS and PA appointees are ineligible to serve on details. (NCSES and Schedule C details are covered under Section 300-3-60.)
4. 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.
Public Health Service (PHS). A part of HHS focused on protecting, promoting and advancing public health and safety. The Assistant Secretary of Health (ASH) oversees the PHS, including the Commissioned Corps (not covered by this Instruction). Ten (10) HHS Operating Divisions/Staff Divisions (OpDivs/StaffDivs, or Divisions) are PHS components:
1. Office of the Assistant Secretary for Preparedness and Response (ASPR);
2. Office of Global Affairs (OGA);
3. Agency for Healthcare Research and Quality (AHRQ);
4. Agency for Toxic Substances and Disease Registry (ATSDR);
5. Centers for Disease Control and Prevention (CDC);
6. Food and Drug Administration (FDA);
7. Health Resources and Services Administration (HRSA);
8. Indian Health Service (IHS);
9. National Institutes of Health (NIH); and
10. 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).
Assistant Secretary for Administration, Office of Human Resources (ASA/OHR):
1. Establishes Department-wide HR policy and guidance consistent with HHS and OPM policy and guidance, and all applicable federal laws and regulations.
2. Submits for OPM approval requests to detail an excepted service employee to a competitive service position.
3. 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.
4. 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.
5. 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.
6. 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.
Assistant Secretary for Legislation (ASL):
1. Reviews and gives concurrence/non-concurrence on detail and extension requests to Congressional Committees.
2. Notifies the Congressional Committee Chairman by letter of detail approvals.
Office of Global Affairs (OGA):
1. Reviews and gives concurrence/non-concurrence on detail requests from an OpDiv/StaffDiv Head or written designee to international organizations.
2. 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.
3. 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.
OpDiv/StaffDiv Human Resources Centers:
1. Comply with this Instruction, any HHS and OPM policy and guidance, and all applicable federal laws and regulations.
2. Ensure internal guidance or standard operating procedures on details and IPA assignments adhere to this policy.
3. 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.
4. 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.
5. Work with their servicing organizations to ensure detailees and IPA participants are advised they are subject to the federal statutory and regulatory provisions that govern ethical and other standards of conduct, conflicts of interest, suitability, security, and restrictions on political activity (5 U.S.C. Chapter 73; 18 U.S.C. §§203, 205, 208, 209; and 5 CFR Part 2635).
6. 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.
7. 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.
8. Submit detail and extension requests to the White House and Congressional Committees to [email protected] prior to the start date.
9. 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

General Requirements:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. All employees must meet the applicable personnel security requirements of the detail assignment prior to commencement of a detail.
10. Employees remain subject to the ethics and conflict-of-interest statutes and regulations for federal employees while on detail (e.g., Ethics in Government Act of 1978; Standards of Ethical Conduct for Employees of the Executive Branch; the ethics provisions in the Procurement Integrity Act; Hatch Act and implementing Political Activities Regulation; Foreign Gifts and Decorations Act; and 5 CFR Part 735 which regulates employee responsibilities and conduct). The employing OpDiv/StaffDiv is responsible for communicating these requirements to their employee.
11. 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.
12. 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.
13. A detail may be terminated, at the discretion of the loaning or gaining organization, prior to the documented NTE date.
14. Employees return to their official position of record upon the detail’s NTE date or early termination of the detail.
Details Within HHS (5 U.S.C. §§3341).
1. Details within HHS must be reimbursable with few exceptions. For additional information, see Section 300-3-80, Reimbursable and Non-reimbursable Agreements.
2. 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.
3. Competitive and Excepted Service Employee Details.
  1. Time Limits.
    1. 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).
    2. 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)).
    3. 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).
  2. Competitive service employees may be detailed to competitive service or excepted service positions.
  3. Excepted service employees may be detailed to a position in the excepted service.
  4. A detail of an excepted service employee to a position in the competitive service requires OPM approval prior to the effective date of the detail (5 CFR §6.5 and 5 CFR §300.301).
    
    Exceptions from the OPM approval requirement:
    1. 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);
    2. A Schedule B authority (under 5 CFR §213.3202);
    3. A Schedule D authority (Pathways Programs under 5 CFR §213.3402(a-c)); or
    4. A Veterans Recruitment Appointment (P.L. 107-288) may be detailed to a competitive service position without prior OPM approval.
  5. Requests for OPM approval to detail excepted service employees to positions in the competitive service are sent to the ASA/OHR for review and concurrence. HR Centers must send such requests with the following information to [email protected]:
    1. Information on the excepted service position (appointment authority and employee’s position of record, including title, series, grade level, and organization);
    2. Information on the competitive service position that will be filled (title, series, grade, and organization);
    3. Purpose of the detail or the duties to be performed during the detail;
    4. 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
    5. OpDiv/StaffDiv HR Director approval.
4. SES Details (5 CFR §317.903 and OPM SES Desk Guide).
  1. Time Limits.
    1. 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.
    2. 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).
    3. 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.
    4. 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.
    5. 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.
  2. 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).
  3. Any SES employee or non-SES employee may be detailed to a SES General position.
  4. 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.
  5. A Non-career SES (NCSES) employee cannot be detailed to a competitive service position.
  6. SES Limited Employees. In addition to the above SES rules:
    1. 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;
    2. An SES Limited Emergency employee may be detailed to a different SES General position to meet an urgent, unanticipated bona-fide need; and
    3. 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)
5. 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 External Organizations
1. To Other Agencies (31 U.S.C. §1535), see Section 300-3-40 for definition of agency.
  1. Details to other agencies must be reimbursable with few exceptions. For additional information, see Section 300-3-80, Reimbursable and Non-reimbursable Agreements.
  2. 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.
  3. Time Limits.
    1. 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.
    2. 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.
2. To International Organizations (5 U.S.C. §3343 and 5 CFR Part 352, Subpart C):
  1. 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 [email protected].
  2. 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].
  3. 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.
  4. Time Limits.
    1. 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.
    2. 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.)
  5. 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.
  6. 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].
3. To White House (WH) and Congressional Committees:
  1. Details to the WH office, the Executive Residence at the WH, the Office of the Vice President, the Domestic Policy Staff, and the Office of Administration via 3 U.S.C. §112:
    1. 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.
    2. 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.
    3. 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.
    4. 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.
  2. Details to Congressional Committees (2 U.S.C. §4301(f)):
    1. Must be initiated by the Senate or House of Representatives, via the HHS Assistant Secretary for Legislation, by written invitation.
    2. 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.
    3. 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)).
  3. Time Limits for WH and Congressional Details.
    1. 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.
    2. 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.
  4. Required Approval. Details and extensions to the WH and Congressional Committees require ASA/OHR approval prior to the effective date. ASA/OHR will coordinate requests with the Assistant Secretary for Legislation and HHS’ WH Liaison (as applicable) for concurrence. Requests must be signed by the OpDiv/StaffDiv Head or written designee and submitted to [email protected] and include:
    1. Employee’s full name;
    2. The WH or Congressional Committee Office;
    3. Description of the duties that support HHS’ or the employing OpDiv/StaffDiv’s mission;
    4. The proposed start date and duration of the detail;
    5. A completed interagency agreement or MOU, as applicable (see Section 300-3-80);
    6. 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
    7. 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.
  5. 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 conflicts of interest that may arise from the detail assignment.
4. Public Health Service (PHS) Details (42 U.S.C. §215):
  1. PHS employees (excluding Commissioned Corp Officers not covered by this policy) may be detailed to the following external organizations for specified purposes:
    1. 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.
    2. 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).
    3. 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).
  2. 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 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).
  3. Time Limits. Details of PHS employees to the external organizations for the purposes described in (a) immediately above can be approved for a period of time that meets the public health mission of the OpDiv/StaffDiv and the organizational needs of requesting external organization described above, except for the following:
    1. 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)).
    2. SES details are additionally limited by the rules described in this Section under (B)(4) above.
    3. Details to an overseas location (see (g) below).
  4. Details of PHS employees to the external organizations for the purposes described under (a) above may be reimbursable or non-reimbursable, in accordance with 42 U.S.C. §215 and Section 300-3-80:
    1. 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)).
    2. 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).
    3. 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).
  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.
  6. 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.
  7. 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.
5. Details (i.e., Rotational Assignments) for Employees in Formal Training Programs:
  1. Pathways Programs (5 CFR Part 362 and HHS Instruction, 362-1, Pathways Programs).
    1. 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.
    2. 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.
    3. 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.
  2. 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).)
Eligible Employees (5 U.S.C. §3372 and 5 CFR §334.102). See OPM.gov/Data Standards/Tenure for tenure group definitions.
1. Competitive Service Employees in Tenure Group 1 or 2;
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);
3. Career SES Employees (excludes Non-career, Limited Term or Limited Emergency SES); and
4. 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.
Type of Assignment.
1. Federal Employees: Detail. With the consent of the employee, IPA assignments may also be made by placing the employee on leave without pay.
2. Non-federal Employees: Detail or a temporary excepted service appointment.
3. Work schedule: IPA assignments may be intermittent, part-time, or full-time.
Time Limits (5 U.S.C. §3372 and 5 CFR §334.104):
1. 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.
2. 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))
3. 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.)
4. 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.
1. 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)).
2. 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)).
3. Federal employees on leave without pay (LWOP) and on an IPA assignment to a state or local government are:
  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
  2. 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.
  3. Rules on the election and receipt of benefits due to compensable injury or death are described under 5 U.S.C. §3373(d).
  4. See also OPM Fact Sheet: Effect of Extended LWOP on Federal Benefits and Programs.
Non-federal employees must be employed at least 90 days in a permanent/career position with a State or local government, college or university, Indian tribal government, or other organization described under 5 U.S.C. §3371 and 5 CFR §334.102 to be eligible for an IPA assignment. They serve on either a detail or a temporary excepted appointment, in accordance with 5 U.S.C. §§3371-3375 and OPM.gov/Intergovernmental Personnel Act:
1. Detail
  1. Non-federal employees may be detailed to competitive, excepted, or SES General positions.
  2. Non-federal employees detailed to HHS OpDivs/StaffDivs remain employees of their non-federal organization. They continue to be paid by their non-federal employer; are not covered by the federal government leave system; and are not eligible to enroll in the federal health benefits programs, group life insurance, or the federal retirement system.
    1. 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.
    2. 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.
  3. 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.
  4. 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.
  5. 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).
2. Temporary Excepted Service Appointment
  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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).
  6. 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.
  7. A non-federal employee placed on a temporary excepted service appointment under IPA may supervise HHS employees.
  8. 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.
3. 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.
Required IPA Agreement.
1. 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).
2. If the IPA assignment is reimbursable, a finance agreement must also be completed following the requirements in Section 300-3-80 of this policy.
3. IPA agreements must contain, at a minimum, the following information:
  1. Name, current job title, salary, classification, and address of the employee;
  2. Parties to the agreement (both federal and non-federal organizations);
  3. Position information, including organizational location of both the original position and the position entered into under the IPA agreement;
  4. Type of IPA assignment (i.e., detail, temporary excepted service appointment, or LWOP);
  5. Period of assignment (i.e., dates covered by the agreement);
  6. Reason for IPA (i.e., how the assignment supports the OpDiv/StaffDiv’s mission and will benefit both organizations);
  7. Major duties and responsibilities to be performed during the assignment;
  8. Work schedule (i.e., full-time, part-time, intermittent, and hours of work);
  9. Employee benefits that will be retained;
  10. Financial obligations and decisions on the cost-sharing arrangement between the two organizations, consistent with the requirements in this Section and Section 300-3-80. Provisions for reimbursement and the method of reimbursement should be outlined on the IPA agreement, as well as the finance agreement described in 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).)
  11. Arrangements for approving leave; maintaining leave records; and, if on detail, the list of holidays observed by a non-federal employee’s permanent employer;
  12. Arrangements for providing performance input/reviews during the IPA assignment;
  13. Applicability of federal employee conduct and conflict-of-interest laws, rules and regulations while on assignment (see (K) immediately below and OPM.gov/Intergovernmental Personnel Act for additional information);
  14. Mandatory service agreement for federal employees. Statement that the federal employee participating in an IPA assignment will serve at HHS upon completion of the assignment for a period equal to the length of the IPA assignment, or be required to reimburse their employing OpDiv/StaffDiv for the cost of the assignment (e.g., travel, relocation, and per diem expenses, not including salary and benefits) if the employee does not fulfill this service agreement (5 U.S.C. §3372(c) and 5 CFR §334.105).
  15. Signatures/certifications by the IPA assignee and approving officials of both organizations; and
  16. Privacy Act Statement.
4. OPM’s Optional Form (OF) 69, may be used as an IPA agreement (copies of the form are no longer mailed to OPM since a 1997 regulatory change). OpDiv/StaffDiv IPA forms/agreements must contain the information listed in (I)(3) immediately above and adhere to the rules in this policy. OpDivs/StaffDivs serviced by the ASA/OHR are required to use OPM’s OF 69 to expedite the processing of IPA requests.
5. 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.).
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 the same ethics and conflict-of-interest statutes and regulations as federal employees (Ethics in Government Act of 1978; Standards of Ethical Conduct for Employees of the Executive Branch; the ethics provisions in the Procurement Integrity Act; Hatch Act and implementing Political Activities Regulation; Foreign Gifts and Decorations Act; and 5 CFR Part 735 which regulates employee responsibilities and conduct). IPA assignees are responsible for notifying the 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 employing OpDiv/StaffDiv is responsible for communicating these requirements to the IPA assignee.
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 should 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 providing counseling on applicable ethics rules and completion of a confidential financial disclosure report by an assignee to HHS, if 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:
1. Details within HHS must be reimbursable. Exceptions to this rule are (5)(a) or (b) immediately below.
2. 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.
3. 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.
4. Details to the WH office, the Executive Residence at the WH, the Office of the Vice President, the Domestic Policy Staff, and the Office of Administration via 3 U.S.C. §112:
  1. Details after the first 180 days must be reimbursable to the Department, except when the requirements in (5)(b) immediately below are met.
  2. 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.
  3. 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.
5. Non-reimbursable details can be made only when either:
  1. A law specifically authorizes non-reimbursable details, for example:
    1. Details to international organizations via 5 CFR Part 352, Subpart C, may be reimbursable or non-reimbursable (5 U.S.C. §3343(d-e)).
    2. 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
  2. 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))
IPA Assignments (Details or Temporary Excepted Appointments):
1. 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.)
2. 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)).
3. 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.
Service Agreements.
1. IPA Assignment: The service requirement is included in the IPA agreement, see Section 300-3-70, Required IPA Agreement.
2. Non-Reimbursable Detail (outside of IPA): A service requirement, if applicable, is documented on a Memorandum of Understanding (MOU), see H. immediately above.
3. 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

Details and IPA assignments are documented in accordance with OPM’s Guide to Processing Personnel Actions (GPPA):
1. Chapter 11, Excepted Service Appointments. Temporary appointment of non-federal employees under IPA (5 U.S.C. §3374).
2. 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).
3. Chapter 15, Placement on Non-Pay or Non-Duty Status. LWOP actions.
4. 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 coordinator or legal counsel.
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

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