**[Exhibit(400)-40.1]{.underline}**

Law Enforcement Availability Pay (LEAP) Certification

All series 1811 criminal investigators are to read the following section
of 5 USC, then complete either Section A or Section B and forward to the
immediate supervisor. Supervisors are to complete Section A-1 if their
subordinate has completed Section A.

5 USC 5545 a(d)

\(1\) A criminal investigator shall be paid availability pay, if the
average of hours described under paragraph (2) (A) and (B) is equal to
or greater than 2 hours.

\(2\) The hours referred to under paragraph (1) are\--

\(A\) the annual average of unscheduled duty hours worked by the
investigator in excess of each regular work day; and

\(B\) the annual average of unscheduled duty hours such investigator is
available to work on each regular work day upon request of the employing
agency.

\(3\) Unscheduled duty hours which are worked by an investigator on days
that are not regular work days shall be considered in the calculation of
the annual average of unscheduled duty hours worked or available for
purposes of certification.

\(4\) An investigator shall be considered to be available when the
investigator cannot reasonably and generally be accessible due to a
status or assignment which is the result of an agency direction, order,
or approval as provided under subsection (f)(1).

**[SECTION A]{.underline}**

I, (Name of Special Agent), have read the requirements set forth in 5
USC 5545a(d), as reproduced above. I certify that I expect to meet these
requirements.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

**[SECTION A-1]{.underline}**

I, (Name of immediate supervisor), have read the requirements set forth
in 5 USC 5545a(d), as reproduced above. I certify that the above-named
criminal investigator is expected to meet these requirements.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

Law Enforcement Availability Pay (LEAP) Certification

**[SECTION B]{.underline}**

Due to the hardship indicated below, I,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,

> (Name of 1811)

cannot certify that I will meet the requirements of 5 USC 5545a(d). I
therefore request permission to be granted a temporary exemption from
these requirements from \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ to
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Beginning date) (Ending date)

I understand that, if my temporary exemption is granted, I will not be
paid Law

Enforcement Availability Pay during the exemption period.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

**STATEMENT OF HARDSHIP**

**[MANAGEMENT DECISION]{.underline}**

I have reviewed the statement of hardship and grant the exemption.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of Official Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title

I have reviewed the statement of hardship and have determined that the
reasons stated do not warrant an exemption.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature of Official Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Title