> SUBJECT: OVERSEAS EMPLOYMENT
>
> 301-1-00 Purpose and Authority
>
> 10 Coverage
>
> 20 References
>
> 30 Definitions
>
> 40 Appointment System
>
> 50 General Applicability of HHS Policies
>
> 60 Recruitment Policy

## 70 Overseas Tour of Duty 

> 80 Employment Agreement for Transfers and Appointments Overseas
>
> 90 Payment of Travel and Transportation Expenses
>
> 100 Separation for Reasons Beyond Employee\'s Control
>
> 110 Place of Actual Residence
>
> 120 Appointment Requirements
>
> Exhibit 301-1-A, Delegation of Authority for Payment of Travel and
> Transportation Expenses to Overseas Duty Station and Authority to
> Waive the 12 Month Service Agreement
>
> Exhibit 301-1-B, Form 355A, Employment Agreement for Transfers and
> Appointments Overseas
>
> [301-1-00]{.underline}

# PURPOSE AND AUTHORITY 

> The purpose of this instruction is to provide the Department\'s policy
> applying specifically to persons stationed outside the continental
> United States, as authorized under Title 5 U.S.C. 5722, 5724(d), and
> 5728.
>
> [301-1-10]{.underline}
>
> COVERAGE
>
> This Instruction covers all employees stationed overseas who are in
> the competitive service, excepted service and-the Senior Executive
> Service. This Instruction does not cover experts and consultants and
> members of the Public Health Service Commissioned Corps.
>
> [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}
>
> Responsible Office: Division of Employment Programs, Office of Human
> Resource Programs, office of the Assistant Secretary for Personnel
> Administration, HHS (FTS 475-0059)
>
> [301-1-20 REFERENCES]{.underline}

A. 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)

> B. 5 U.S.C. 5728 (law - travel and transportation expenses; vacation
> leave)
>
> C. 5 U.S. C. 6303 (d), 6304 (b), and 6305 (a) (law - travel time and
> leave for employees overseas)
>
> D. 22 U.S.C. 2385(d) (law - appointments under the Foreign Service
> Act)
>
> E. Executive Order 12721 of July 30, 1990, (eligibility of overseas
> employees for noncompetitive appointments)
>
> F. 5 CFR 301.201 and 301.202 (regulations - appointment of persons
> overseas and outside overseas areas)
>
> G. 5 CFR Parts 315 and 316 (noncompetitive appointment of certain
> former overseas employees)
>
> H. 5 CFR 630.207, 630.302, and 630.601 through 630.607 (travel time
> and leave f or employees overseas)

I. Civil Service Rule VIII, Section 8.1 (overseas limited appointments)

> J. Civil Service Rule VIII, Section 8.3 (appointment of persons
>
> not citizens of the United States)
>
> K. Federal Personnel Manual (FPM) Chapter 301 (overseas employment)

L. FPM Chapter 591 (allowances and differentials payable in nonforeign
areas)

> M. FPM Chapter 630 (absence and leave)
>
> N. FPM Supplement 990-2, Book 591 (allowances and differentials
> payable in nonforeign areas)
>
> O. FPM Supplement 990-2, Book 630 (absence and leave)
>
> P. HHS Instruction 250-5 (delegations of appointing authority)
>
> (301-1-20 continued)
>
> Q. HHS Instruction S296-33 (processing personnel and payroll actions)
>
> R. HHS Instruction 300-5 (employment of non-citizens)
>
> S. HHS Instruction 571-4 (payment of travel and transportation
> benefits incident to a permanent change of station to and within the
> continental United States)
>
> T. HHS Instruction 591-1 (payment of allowances outside the United
> States)
>
> U. HHS Instruction 610-3 (temporary closing of workplace)
>
> V. HHS Instruction 630-1 (leave and excused absence; leave for
> overseas employees)
>
> W. HHS Travel Manual (travel orders, changes of duty station, and
> foreign travel)
>
> [301-1-3 0]{.underline} DEFINITIONS
>
> For the purpose of this Instruction, the following definitions apply:
>
> A. [Continental United States]{.underline} are the 48 contiguous
> states and the District of Columbia. (It does not include the states
> of Alaska or Hawaii. \[Note there is a different definition, by
> statute, for purposes of HHS Instruction 300-5))
>
> B. [Overseas Area]{.underline} includes any foreign country, the
> States of Alaska and Hawaii, Guam, American Samoa, Puerto Rico, the
> Virgin Islands, the Isthmus of Panama, the Northern Mariana Islands
> and any other U.S. territory or possession (see HHS Instruction
> 571-4).
>
> C. [Foreign Country]{.underline} is any area outside the United States
> and U.S. territories or possessions.

D.  [Citizens of the United]{.underline} States are defined in HHS
    Instruction

> 300-5.
>
> [301-1-40]{.underline} APPOINTMENT SYSTEM

A.  Positions in overseas areas are subject to civil service competitive
    appointment requirements and procedures.

(301-1-40 continued)

B. Overseas limited appointments may be made without competitive
examination of U.S. citizens recruited overseas to fill positions in the
competitive service. The appointments are made under Section 301.201 of
the Office of Personnel Management\'s (OPM) regulations. This authority
may not be used for appointments in the U.S. (including Alaska and
Hawaii), Puerto Rico, Guam, the Virgin Islands, and the Isthmus of
Panama (see FPM Subchapter 301-2).

> C. Overseas limited appointments may be made of U.S. citizens
> recruited outside overseas areas only under unusual or emergency
> conditions (see FPM Subchapter 301-2).
>
> D. Non-citizens overseas may be appointed to overseas positions
> without regard to competitive requirements under the authority in
> Section 8.3 of Civil Service Rule VIII.
>
> E. Former overseas employees are eligible for competitive appointments
> to position within the U.S. The individual \' must be a citizen of, or
> owe permanent allegiance to, the U.S. and meet the eligibility
> criteria contained in 5 CFR Parts 315 and 316. These appointments are
> authorized by Executive Order 12721.
>
> F. Some overseas positions are excepted from the competitive service.
> For example, positions in foreign countries established under an
> agreement with the Agency for International Development (AID) and
> filled under authority of Section 625(d)(1) of the Foreign Assistance
> Act (22 U.S.C. 2385(d\])
>
> [301-1-50]{.underline} GENERAL APPLICABILITY OF HHS POLICIES
>
> Except as otherwise specified, the same laws, regulations, and
> policies contained in HHS Instructions apply to overseas positions.
> Three provisions specifically related to overseas assignments are:
>
> A. [Differential and Allowances]{.underline}
>
> Refer to FPM Chapter 591 for current guidance on rates in effect.
>
> (301-1-50 continued)
>
> B. [Leave Between Tours of Duty]{.underline}
>
> 1\. At the time of appointment or assignment, the appointing official
> must determine whether:
>
> a\. The employee is entitled to accumulate annual leave up to 30 days
> or up to 45 days (see HHS Instruction 630-1, \[Note: Employees serving
> a tour of\' duty in Alaska or Hawaii are not entitled to accumulate
> annual leave up to 45 days.\])

b.  The employee is entitled to home leave (see HHS Instruction 630-1,
    \[Note: For employees serving a tour of duty in Alaska or Hawaii,
    see section 301-1-90C.2.\])

c.  The employee is entitled to excused travel time when taking leave
    between consecutive tours of duty (see FPM Supplement 990-2, Book
    630, Subchapter S2-7, and HHS Instruction 630-1)

> 2\. For the statements required on the SF 50-B, Notification of
> Personnel Action, see HHS Instruction S296-33, Exhibit S296-33-C.
>
> C. [Local Holidays]{.underline}
>
> Overseas duty stations may be closed under the same conditions that
> apply to closing workplaces in the continental United States because
> of local holidays (see HHS Instruction 610-3). 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
> transportation is cut off due to a holiday celebration, the employee
> may be excused without charge to leave.
>
> [301-1-60]{.underline} RECRUITMENT POLICY

A.  The employment of persons already residing in an overseas area is
    encouraged to the maximum extent practicable. Minimum age
    requirements in the local area will be observed in such employment.
    U.S. citizens who live overseas must meet the minimum age
    requirements applicable to employment in the U.S.

> (301-1-60 continued)
>
> B. If local sources are inadequate, citizens may be recruited or
> transferred from the U.S., including Alaska and Hawaii. Such
> recruitment will be limited to supervisory or manpower shortage
> positions, i.e., positions for which there is a special rate or which
> the OPDIV or regional personnel officer determines there is a
> shortage. Applicants must be at least 21 years of age.
>
> C. Physical qualifications outlined in all pertinent FPM or HHS
> guidance are applicable to employees assigned to overseas duty
> stations.
>
> D. Possible exclusionary policies 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 overseas assignment on the basis of an exclusionary
> policy, the employing office must report this, through the HHS Office
> of International Affairs, to the Department of State. The Department
> of State will take appropriate action to attempt to gain entry for the
> individual.
>
> [301-1-70]{.underline} OVERSEAS TOUR OF DUTY
>
> A. [Tour of Duty]{.underline}
>
> A tour of duty at an overseas station begins on the date the employee
> enters on duty at the overseas duty station. The tour ends at the
> close of business on the last workday before departure for separation
> or for assignment in the continental U.S. It includes authorized leave
> with pay and up to two workweeks of absence in non-pay status in each
> 12 months of overseas duty. Non-pay status in excess of two workweeks
> may be included in crediting service toward completion of the overseas
> tour of duty for travel purposes when the approving official has
> determined that it is administratively necessary or desirable to do
> so. Such non- pay status is not creditable for home leave purposes
> between tours of duty. A tour of duty for a person recruited locally
> in the overseas area begins on the date the employee enters on duty.
>
> B. [Standard Overseas Tour of Duty]{.underline}

1.  The first overseas tour of duty for any HHS employee shall be 24
    months, unless otherwise provided in accordance with Section
    301-1-70C below.

> (301-1-70B continued)
>
> 2\. Consecutive overseas tours of duty are 22 months, excluding any
> periods of home leave.
>
> C. [Nonstandard overseas Tour of Duty]{.underline}
>
> Tours of duty different from the standard may be set under the
> following circumstances:
>
> 1\. Appointing officials may request the Assistant Secretary for
> Personnel Administration to set a shorter tour of duty, but not less
> than 12 months in duration, for a particular area. Each request must
> include:
>
> a\. Information on living accommodations, accessibility to
> metropolitan areas, recreational opportunities, and degree of
> isolation of the duty station
>
> b\. Information on the standard tour of duty for other Federal
> agencies employing U.S. citizens in the area
>
> c\. Any other pertinent information to justify a shorter tour of duty
>
> 2\. When an employee\'s service will be required for less than two
> years, the official with appointing authority must delineate the
> prescribed period in the Employment Agreement for Transfers and
> Appointments Overseas.
>
> 3\. Individuals serving 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 prescribed period may be shorter than the standard tour
> of duty, if the shorter tour of duty is determined by the appointing
> official to be in the interest of the government and not solely for
> the benefit of the employee. The tour of duty, however, shall 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.

4.  HHS may employ U.S. citizens who reside in overseas areas but are
    not Federal employees. In such cases, a tour of duty may be
    established if the official with appointing authority determines it
    would be in the

> (301-1-70C.4 continued)
>
> Department\'s best interests. If the employee completes the
> established tour of duty, the employee\'s return transportation to a
> place of residence in the continental U.S. will be paid by-the
> Department.
>
> D. [Coordination With HHS Office of International Affairs]{.underline}
>
> Prior to making an assignment to a duty station located in a foreign
> country, the official with appointing authority must coordinate the
> assignment with the HHS Office of International Affairs.
>
> [301-1-80]{.underline} EMPLOYMENT AGREEMENT FOR TRANSFERS AND
> APPOINTMENTS OVERSEAS

A. An Employment Agreement for Transfers and Appointments overseas, a
copy of which is attached as Exhibit 301-1-B will be required for each
new appointment or transfer described below:

> 1\. From the continental U.S. to an overseas duty station (for
> information on employment agreements for employees travelling from
> Alaska, Hawaii, or a U.S. territory or possession to the continental
> U.S. see HHS Instruction 571-4-70-B)
>
> 2\. From one overseas duty station to another when the two stations
> are in different countries, U.S. territories or possessions, or states
> of Alaska and Hawaii
>
> 3\. Within a foreign country, Alaska, Hawaii, or a U.S. territory or
> possession when:
>
> a\. The employee is being appointed from another Federal agency (see
> Section 301-1-70C.3 above)
>
> b\. The employee does not currently have an employment agreement and
> HHS intends to pay the employee\'s return transportation to his/her
> place of
>
> residence in the continental U.S. upon completion of tour of duty (see
> Section 301-1-70C.4 above)

B.  If the employee has an employment agreement, the Department may
    reassign the employee to another duty station within the same
    country, U.S. territory or possession, or states of Alaska or
    Hawaii. A new employment agreement is not required for such a
    reassignment.

> (301-1-80 continued)
>
> C. An employment agreement will be required for an employee returning
> to his/her place of residence to take leave before serving another
> tour of duty overseas (see Section 301-1-90C below).
>
> D. Form HHS-355A shall be used to obtain the agreement to remain in
> the Federal government. This form may be purchased through established
> requisitioning channels. The personnel office will specify 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]{.underline} PAYMENT OF TRAVEL AND TRANSPORTATION EXPENSES
>
> The HHS Travel Manual covers payment of travel and transportation
> expenses to and from overseas duty stations. These provisions are
> summarized on the back of Form-355A.
>
> A. [Payment of Travel and Transportation Expenses of New Appointee or
> Transferee to Overseas Duty Station]{.underline}
>
> 1\. If a new or current HHS employee is assigned 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 to an overseas duty station is not necessarily limited to
> U.S. citizens recruited in this country. (See, for example, **CG**
> unpublished decision B107059 dated 1-10-52, concerning the payment of
> travel for Canadian nurses recruited in Canada for service in Indian
> hospitals in Alaska.)

2.  If a new employee or transferee 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).

> (301-1-90A continued)
>
> 4\. If a new employee or a transferee completes at least one year of
> government service but fails to complete the entire duty specified in
> the agreement, the employee will not be entitled to return travel and
> transportation expenses, for himself/herself, his/her immediate
> family, or any household effects to the place of residence.
>
> B. [Payment of Return Travel and Transportation Expenses Upon
> Completion of Overseas Tour of Duty]{.underline}
>
> 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 immediate family, and the transportation of household
> effects from the overseas duty station to the place of actual
> residence.
>
> 2\. Return expenses may also be paid by the government before the
> completion of the full tour of duty, if the employee is separated for
> reasons beyond his/her control, as explained in Section 301-1-100
> below.
>
> 3\. 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 Leave]{.underline}
>
> 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 leave.
> Payment of round- trip travel is limited to the employee and the
> employee\'s immediate family. (Payment does not include transportation
> of household effects.)
>
> 2\. Vacation leave travel expenses may be authorized for employees who
> are recruited or retained for necessary service in Alaska or Hawaii
> when the employee\'s position:

a.  was covered by a manpower shortage category designation (5
    U.S.C. 5723) at the beginning of

> (301-1-90C.2a continued)
>
> the employee\'s tour of duty in Alaska or Hawaii, and the tour began
> before November 5, 1990;
>
> b\. was initially and/or is presently covered by a special salary rate
> (5 U.S.C.5305);
>
> c\. was initially and/or is presently covered by a direct, hire
> authority given to HHS by OPM;
>
> d\. is located in a remote location, i.e., any location not connected
> by highway to the mainland highway system and under 5000 population;
> or
>
> e\. is one in which no local candidates were identified from OPM
> certificates and vacancy announcements.
>
> 3\. For employees hired after September 8, 1982 for tour of duty in
> Alaska or Hawaii, payment of vacation leave travel expenses are
> limited to two round trips within five years.
>
> 4\. The Assistant Secretary for Personnel Administration will consider
> individual requests citing specific circumstances other than those
> listed above when the request is endorsed by the official with
> appointing authority.
>
> 5\. For an employee to be entitled to payment of travel expenses for
> the employee and the immediate family for purposes of taking leave,
> the requirements of both a and b below must be met:
>
> a\. The employee must have satisfactorily served for the agreed-upon
> first tour of duty or one of the following situations exists:
>
> 1\. The employee has completed all but a period generally not to
> exceed six months (in no event less than one year) of the first tour
> of duty and the official in charge of the overseas duty station
> determines that the employee\'s earlier return is for the
> government\'s benefit (37 CG 62)
>
> 301-1-90C.5a continued)
>
> 2\. The employee is serving without a written agreement that
> delineates the length of the tour of duty and has served a period not
> less than that generally required of HHS employees (in no event less
> than one year)
>
> 3\. The amount of time the employee has served in an HHS overseas tour
> of duty assignment and the amount of time he/she has served under an
> employment agreement with another Federal agency in the same overseas
> area is equal to a standard tour of duty (see Section 301-1- 70C.3
> above)
>
> b\. 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.
>
> 6\. If an employee fails to complete the first year of service under
> the second employment agreement for reasons that are unacceptable to
> the appointing official\' the employee must reimburse the Department
> for all expenses of the round-trip travel to take leave. 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 effects, will be reduced **by** the amount of the
> round-trip debt.
>
> 7\. If an employee completes one year but fails to complete the full
> tour of duty under the second employment agreement [for reasons that
> are **unacceptable **]{.underline}to the appointing official, the
> employee must bear the expense for the employee\'s return and that of
> the employee\'s immediate family. However, the employee will be\'
> allowed expenses for the return of household effects, as that is
> earned upon completion of the tour of duty under the first employment
> agreement. The employee will not be indebted to the government for the
> round- trip travel between tours of duty.
>
> (301-1-90C continued)
>
> 8\. 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]{.underline} 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 leave.
> Acceptable reasons include reassignment by HHS for the good of the
> Department and circumstances that are beyond-the employee\'s control
> such as those specified below in 301-1-100.
>
> [301-1-100]{.underline} SEPARATION FOR REASONS BEYOND EMPLOYEE\'S
> CONTROL
>
> The following examples may constitute separation for reasons beyond
> the employee\'s control:
>
> A. Serious illness of the employee or a member of the employee I s
> immediate family for which adequate medical treatment is not available
> in the overseas area
>
> B. 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 dependent relative
>
> C. Inability of the employee\'s immediate family to adjust to overseas
> living, causing disruption to the family
>
> [301-1-110]{.underline} PLACE OF ACTUAL RESIDENCE
>
> The place of actual residence, for travel and transportation
> allowances in connection with separation or leave 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 outside the
> continental U.S. or its 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 Comptroller General has issued
> a number of decisions where questions have risen in connection with
> the term \"actual place of residence.\" (35 CG 101; 37 CG 113, 119,
> 846; 38 CG 631; 39 CG 337, and 41 CG 146). The Comptroller General has
> stated that the place constituting the \"actual residence\" must be
> determined upon the facts and circumstances in each individual case.
> 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
>
> (301-1-110 continued)
>
> question may be submitted by the approving official to the Office of
> the General Counsel for advice.
>
> [301-1-120]{.underline} APPOINTMENT REQUIREMENTS

A.  [Employment Agreement (Form HHS-355A]{.underline}

> 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 301-B).
>
> 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 Servicing Personnel 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.
>
> 5\. The employee shall be given a copy of the completed agreement.
> Additional copies of the agreement may be prepared as needed.
>
> B. [Passport]{.underline}
>
> U.S. citizens are required to have passports for entry into all
> foreign countries, with exceptions such as Canada, Mexico, and some
> Caribbean islands. For passport and visa requirements and required
> security approvals, see the HHS Travel Manual.
>
> C. [Notification of Personnel Action (SF 50-BI]{.underline}
>
> For documentation and processing requirements for preparing the SF
> 50-B, Notification of Personnel Action, for overseas assignments, see
> Section 301-1-50B.2 above and HHS instruction S296-33, Exhibit
> S296-33-C.

###  

> (301-1-120 continued)
>
> D. [Travel Order (Form HHS-1)]{.underline}
>
> For documentation and processing requirements for preparing Form
> HHS-1, Travel Order, refer to the HHS Travel Manual.

![](media/image1.wmf){width="0.8263888888888888in"
height="0.8131944444444444in"} DEPARTMENT OF HEALTH & HUMAN SERVICES
**Office of the Secretary**

> **Washington, D.C. 20201**
>
> DATE: **AUG - 7 1991**
>
> FROM: Assistant Secretary for
>
> Personnel Administration
>
> SUBJECT: Delegation of Authority to Pay Travel Expenses to Overseas
> Duty Station and to Waive the 12 Month Service Agreement
>
> TO: Commissioner of Social Security Administration
>
> Assistant Secretary for Health
>
> Administrator, Health Care Financing Administration
>
> Inspector General
>
> Regional Directors
>
> Assistant Director for Personnel Operations for the Office of the
> Secretary and the Administration for Children and Families
>
> 1\. Under the authority vested in the Assistant Secretary for
> Personnel Administration (ASPER) by memorandum from the Secretary
> dated January 24, 1983, 1 hereby delegate to the addressees, for
> employees under their appointing authority, authority to:
>
> a\. Approve payment of travel and transportation expenses to and from
> overseas duty stations
>
> b\. Waive the legal requirement that an individual remain in the
> Federal service for at least one year from the date of an appointment
> or transfer to an overseas duty station when the reason for early
> separation is beyond the control of the employee
>
> c\. Approve the payment of return to residence when employee completes
> one year but does not complete tour of duty
>
> 2\. This delegation does not include authority to waive a written
> employment agreement primarily for the convenience or benefit of an
> employee.

3.  Requirements and instructions for exercising this authority are
    contained in HHS Personnel Instruction 301-1.

> Page-2 - Multiple Addressees
>
> 4\. The authority delegated in paragraphs 1.a - 1.c above may be
> redelegated to Operating Division and Regional Personnel Officers
> (including the Assistant Director for Personnel - I Operations for the
> Office of the Secretary and the - Administration for Children and
> Families) for positions under their appointing authority. Further
> redelegation is authorized.
>
> 5\. This delegation is effective immediately. All redelegations of
> this authority must be in writing and in accordance with Instruction
> 250-3, Delegation of Personnel and EEO Authority and
> Headquarters/Regional Office Relationships.
>
> ![](media/image2.wmf){width="0.9763888888888889in"
> height="0.75625in"}![](media/image3.wmf)
>
> Thomas S. McFee

DEPARTMENT OF HEALTH AND HUMAN SERVICES

> EMPLOYMENT AGREEMENT FOR TRANSFERS AND APPOINTMENTS OVERSEAS\*
>
> *(Authority. Title 5, United States Code 5722, 5724(d),. and 5728)*
>
> Employees appointed or transferred to overseas positions may be
> authorized payment of travel expenses for themselves and
> transportation of their immediate families and their household goods
> and personal effects from the place of actual residence at time of
> appointment or transfer to the place of employment outside the 48
> States and the District of Columbia. (See HHS Personnel Manual
> Instruction 301-1.) In addition, employees may be authorized round
> trip travel for leave for themselves and transportation of their
> immediate families, but not shipment of their household ejects, from a
> post of duty outside the 48 States and the District of Columbia, to
> the place of actual residence at time of appointment or transfer to
> the post of duty. These expenses may be authorized, however, only
> after the appointee, or transferee has signed an agreement as set
> forth below:
>
> \(1\) [**Type of** Agreement]{.underline}:
>
> \(a\) appointment or transfer to permanent duty station outside the 48
> States and the District of Columbia.
>
> \(b\) renewal agreement incident **to** round trip travel for purpose
> of taking leave between consecutive tours **of** duty
>
> \(c\) appointment of U.S. citizen recruited overseas who is eligible
> for return transportation to place of residence upon separation. -
>
> ![](media/image4.wmf)(4) I hereby understand and agree that:
>
> \(a\) I will remain in the Government service for a period of
> [\_]{.underline} months from the date I report to duty at the overseas
> permanent duty\' station, such post of duty being for reasons beyond
> my control and acceptable to the Department of Health and Human
> Services.
>
> \(b\) If separation occurs during the first 12 months of my agreed
> period of service, I will reimburse the Department for all expenses
> for travel and transportation furnished under this agreement unless
> the Department finds that such separation is for reasons beyond my
> control and acceptable to it.

(c) I will not be eligible for return travel and transportation at
    Government expense for myself, my dependents. and household effects,
    to my place of actual residence stated above for purpose of
    separation unless I have completed the prescribed period of service
    in this agreement, or have been separated for reasons beyond my
    control and acceptable to the Department.

> \(5\) Signature of Employee Date Signed
>
> **(6) Date** Reported for **Duty**

*(This date must be recorded on the official personnel folder file copy
by the personnel office.)* [^1]

*(7) Distribution of Copies: 1 original -- Official Personnel Folder, 1
copy -- Employee*

[^1]: Form HHS-355A \*Includes appointments and transfers to Alaska and
    Hawaii