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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

 b! The initiative displayed by the employee.

 c! The complexity or difficulty of assignment and

if it exceeded the level of work expected of employee's grade and job

description.

 d! Any unique situations or unusual circumstances

and how they were handled.

 e! The specific results achieved.

 f! The significance of employee's efforts to the

results attained.

 g! Benefits obtained for office, overall Bureau,

local community, intelligence community.

 h! The request of the recommending office cash

award or certificate of commendation, ranking employees as

appropriate!.

 i! Any prior award s! employee has received for

same project/case.

! Special Agent and support supervisors may submit FD

255s to their SACs or division heads recommending awards for employees

under theirlsupervision. The office/division head, or in their

absence, the acting office/division head should personally approve the

recommendation and then submit the form to the designated point of

contact that handles awards matters.!

! Form FD255 may also be used to recommend awards

under the Principal Relief Supervisors Program. See MAOP, Part l,

5l5.5.!

| ! !Deleted!

**EffDte: O4/25/2001 MCRT#: lO96 Div: D3 Cav: SecCls:

5-15.2 Amount of Awards

!Approval by the head of office for award amounts should

be determined by using the established criteria for each category as

set out in 5l5!. The PRAU will not direct that a higher or lower

award be granted, but will offer guidance regarding the proposed

amount in light of the justification an office provides.|

**EffDte: O4/25/2001 MCRT#: lO96 Div: D3 Cav: SecCls:

SENSITIVE

29
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5-15.3 |De|eted|

**EffDte: l2/l7/1993 MCRT#: l72 Div: D3 Cav: SecCls:

5-15.4 Senior Executive Service SES! Cash Awards | See 5-15 !.!|

SES members are ineligible for cash awards throughout the

year, and awards will be granted only incident to their annual

performance appraisals. Any exceptions would be based on highly

unusual events and would require the approval of the SES Board and

|Director.|

the

**EffDte: O4/25/2001 MCRT#: 1096 Div: D3 Gav: SecCls:

5-15.5 Principal Relief Supervisor Awards See MAOP, Part 1, 3-2.2 and 5-15.1

!-!

 l! Criteria for Nomination of Principal Relief

Supervisor for an Incentive Award.

 a! The individual must have been officially

designated as the principal relief supervisor or the Assistant

Supervisory Senior Resident Agent for at least six months.

 b! The recommending official must state in the

submitting communication that the individual is at|the "Meets

Expectations" level in all of his/her duties.92

 c! The individual must perform or have performed

relief supervisory functions an average of eight hours per pay period

for at least the past six months; and

 d! The individual's performance in the principal

relief supervisor capacity must be considered superior and documented

as such on an FD255 Recommendation for Incentive Award!. The field

division head or acting field division head must personally endorse

the recommendation.

! A qualified individual may only receive this

particular award once in a l2month period; however, the same

individual may be recognized during subsequent l2month periods if all

qualifications continue to be met. 92Head s! of offices have been

authorized to grant principal relief supervisor awards in amounts up

to $l,OOO.| All nominations must be received at FBIHQ within 60 days

following the reassignment of the principal relief supervisor.

SENSITIVE

30
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! Nominations for the principal relief supervisor cash

award may be submitted at any time. All nominations must state that

the recommended individual meets all of the above criteria.

**EffDte: O7/I9/2002 MCRT#: I229 Div: D3 Gav: SecCls:

5-15.6 On-the-Spot OTS! Cash Awards Program

OTS awards are designed to recognize, through immediate

recognition, FBI employees who perform guality service in an

exceptional manner while on duty or in the performance of duties

related to FBI employment. These awards do not replace any existing

awards, and employees who receive them may be considered for other

recognition.

 I! Amount of Awards

$50 to|$500!in increments of $50. The awards will

be net and will be ordered in amounts to cover withholding to ensure

actual amounts of $50, $100, $I50,|$200, $250, $300, $350, $400, $450,

and $500.

! Eligibility

All FBI employees at the GSl5!level and below|and WG

employees at the eguivalent of the GSl5|level or below!are eligible.

An employee may receive no more than four ! OTS!awards, and cannot

exceed a maximum of $2,000,|in one|calendar!year.

! Qualifying Criteria

Must be for workrelated performance while on duty or

in the performance of duties related to FBI employment; performance of

additional duties while maintaining his/her own workload;

accomplishing office goals in meeting short deadlines; solving unusual

workrelated problems; or single shortterm incidences of exceptional

workrelated performance.

! Nomination

 a! A recommending official supervisor! may

nominate any deserving employee by sending an email to the approving

official. Nominations should include the recipient's name, the

recommended award amount, and a brief explanation of why the employee

is being recommended for the award. Nominations should be made no

more than two ! weeks after the occurrence of the achievement being

recognized, whenever possible.

 b! OTS awards should be granted individually.

Groups cannot share the OTB awards. Withholdings are reflected in the

salary records of the award recipient for tax purposes.

SENSITIVE

31
ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1

SENSITIVE

! Approval

 a! The approving official should reply to the

recommending official with

receiving a recommendation

recommending official then

of Contact POO! so he/she

either an approval or disapproval after

from the recommending official. The

forwards the approval to the awards Point

can deduct the money from the office awards

budget. The recommending official should print a copy of the email

for the employee's drop file.

 b! Tf an employee is assigned to an office other

than the one making the recommendation for recognition, the employee's

division head or SAC should be contacted, and the recommendation

should state that the recommendation is being made with the

concurrence of the employee's division head or SAC. The funds for the

OTS award will be deducted from the allotment of the office making the

recommendation.

 c! Deleted

! Presentation

The employee should be notified of the OTS award in a

public forum. The use of a certificate is optional.

! Award Allotment

The PRAU will notify each office/division of their

one lump sum budget at the beginning of each fiscal year. This budget

should be used for all awards.

 8! Office/Division Head Responsibilities

Office/division heads are reguested to designate

a point of contact to handle all awards matters to ensure that all

employees comply with the OTS Awards policy. Also, a log/file should

be maintained to track the awards and to account for the budget.

**EffDte: O2/l5/2005 MCRT#: l37l Div: D3 Cav: SecCls:

5-15.7 Time Off From Duty as an Incentive Award

The TimeOff Awards are an enhancement of the Incentive

Awards Program TAP! to

their excellent efforts

normal job requirements

allows the presentation

expand recognition afforded FBI employees for

and performance which is substantially above

and performance standards. This program

of time off, without loss of pay or charge to

leave, in lieu of monetary recognition as an incentive award. TimeOff Awards are intended to recognize superior accomplishments or other

personal efforts that contribute to the guality, efficiency, or

economy of government operations and are not intended to be a

substitute for monetary recognition through the IAP.

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! Criteria

The following are the types of contributions an

employee must make in order to be eligible for a TimeOff Award. All

contributions must be workrelated performance while on duty or

performance of duties related to FBI employment.

 a! Making a highquality contribution involving a

difficult or important project or assignment.

 b! Displaying special initiative and skill in

completing an assignment or project before a deadline.

 c! Using initiative and creativity in making

improvements in a product, activity, program, or service.

 d! Ensuring the mission of the FBI is accomplished

during a difficult period by successfully completing additional work

or a project assignment while still maintaining one's own workload.

 e! Deleted

 f! Producing additional benefits to the government

as the result of especially effective and timely evaluation of an

employee suggestion.

! Eligibility

 a! All employees are eligible for TimeOff Awards.

An employee may be granted a TimeOff Award regardless of his/her

length of service, and the receipt of a prior award is not

disqualifying. However, the same contributions should NOT be used as

the basis for a TimeOff Award and another award unless the TimeOff

award or other award is deemed clearly NOT adequate to recognize the

value of the employee's contributions.

 b! TimeOff Awards for Senior Executive Service

 SES! members will be granted only incident to their annual

performance appraisals, and they will be ineligible for TimeOff

Awards throughout the year. Any exceptions will be based on highly

unusual events and will require the approval of the SES Board and the

Director.

! Amount of Award and Limitations

 a! The minimum amount of time off that may be given

is four hours, and TimeOff Awards can only be used in increments of

four hours or more unless an employee has less than four hours

remaining of their allotment.

 b! A fulltime employee may be granted a maximum of

40 hours of time off from duty as an award for any single contribution

that meets the criteria.

 c! Time off granted to an employee must be

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3 3
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1

scheduled and used within one year after the award is made, and this

oneyear period may extend into the next leave year. However,

employees should be encouraged to use the award within l2O days.

Leave not used within a year of receipt will be forfeited and is not

restorable.

 d! The total amount of time off a fulltime

employee may be granted during any one leave year is 120 hours.

 e! For parttime employees or employees with

uncommon tours of duty, the maximum amount of time off that can be

granted

work in

maximum

half of

during any one leave year is the average number of hours of

the employee's biweekly scheduled tour of duty, and the

amount that can be granted for any single contribution is onethe total leave year maximum.

 f! A TimeOff Award cannot be converted to cash

under any circumstances. Time off can be transferred between offices

within the FBI, but cannot be transferred to another federal agency.

Also, time off cannot be recredited to an employee's account if the

employee has a break in service from the FBI for more than three

calendar days.

employees who

office.

the amount of

the bounds of

 g! There will be no limit on the number of

can be recognized with TimeOff Awards in a particular

division/office head will have the authority to grant

time off he/she deems appropriate and which is within

good management to ensure that the functions of the

Each

division/office are not adversely affected by the use of TimeOff

Awards. When granting or recommending TimeOff Awards, consideration

should also be given to the recipients leave status, i.e., endof

theyear "use or lose," when time off could be a burden on the

division/office and adversely impact on operational needs.

 h! Employees in leave without pay LWOP! status

cannot use TimeOff Awards. TimeOff Awards cannot be granted to

employees in an extended LWOP status.

 i! Use of a TimeOff Award should not affect an

employee's Availability Pay.

 j! TimeOff Awards may only be granted for aboveaverage, workrelated performance while on duty or in the above

average performance of duties related to FBI employment.

! Relationship to other Awards and Consideration for

Promotion

for the

award.

The receipt of a TimeOff Award is not disqualifying

subsequent granting of any other cash incentive or honorary

However, the same contribution should not be used as the basis

for a TimeOff Award and another award, unless the time off is deemed

clearly not adequate enough to recognize the value of the employee's

contribution. In such rare cases, it may be appropriate to couple a

TimeOff Award with a cash award.

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3 4
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

! Approval Levels

 a! Awards may be approved by the division/office

head,!and awards in the range of 8 to 16 hours may be approved by

firstline supervisors, without higherlevel supervisory approval,

except for those in the Senior Executive Service, provided he/she is

at a level higher than those making

awards.! Therefore, a Special Agent

and approve an award. However, the

may make the recommendation for the

the recommendations for the

in Charge SAC! may not recommend

Assistant Special Agent in Charge

SAC's approval.

 b! If an employee is assigned to an office other

than the one making the recommendation for recognition, the employee's

division head or SAC must be contacted,!or firstline supervisor if

the award is in the range of 8 to 16 hours,!and the recommendation

should state that the recommendation is being made with the

concurrence of the employee's division|head, SAC, or firstline

supervisor.| The employee's office point of contact will be

responsible for entering the TimeOff Award.

 c! All TimeOff Award recommendations for members

of the Senior Executive Service SES! must be submitted to the PRAU

where they will be forwarded to the

their approval.

! Form FD8l2

Form FDBl2 should

SES Board and to the Director for

be used to submit

recommendations. The form should contain the following information:

Name of employee; Social Security Number; Number of

hours of leave being granted; and a narrative of the employee's

performance which warrants the recognition. When awards are for eight

hours or less, the narrative may be

two setting forth the reason s! for

a short, informative paragraph or

the award.

! TimeOff Award Certificate

After the FD8l2 has been approved by the

division/office head, the TimeOff Award certificate should be

prepared for presentation to the employee. The certificate should

contain the following information: Name of employee; Number of hours

of leave being granted; and the Date presented.

 8! Documentation Requirements

A TimeOff Award must be supported by written

justification which indicates that the employee's contribution met one

of the criteria for the granting of

amount of time off approved.

 9! Time Capture Record

this award and clearly merits the

Upon presentation of a TimeOff Award, the award

should be recorded in the Bureau Personnel Management System BPMS!

through the screen specifically designed for these awards. The date

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35
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

presented is to be entered as the effective date. The leave can then

be requested and used by the submission of an FD282 Leave Request!.

A notation should be made on the FD282 that the request is for a

TimeOff Award. The used leave should also be recorded in the BPMS

and on the FD42O Attendance Register! or the FD42Oa Attendance

Register/TURK! as a TimeOff Award.

0! Deleted

**EffDte: O6/24/2004 MCRT#: l342 Div: D3 Cav: SecCls:

5-16 CERTIFICATES OF COMMENDATION

! A certificate of commendation may be recommended when

an employee's contributions do not meet the criteria for a cash award

but are of such significance that recognition is warranted.

 a! Recommendation for a certificate of

commendation from the Director should be made only when the

recommending official is convinced that certain elements of the

employee's performance are above normal and reasonable performance

expectations sufficient to warrant special recognition but do not meet

the standards for a cash award.

 b! Recommendations for certificates of

commendation from the Director may be submitted in electronic

communication form or on the FD255 for the attention of the head of

office.! However, if recommendations are being made for certificates

of commendation in addition to recommendations for incentive awards,

they may be added to the FD255, with the appropriate justification.

! Letter from the division head or SAC. Division

heads and SACs should commend their employees over their own

signatures when it is believed an employee's performance warrants

recognition but does not meet the requirements for a certificate of

commendation from the Director.

! If recognition of a particular contract employee is

deemed appropriate, a written communication to the Contracting

Officer, with a copy to the Contracting Officer's Technical

Representative, should be prepared. For recognition under the FBT's

Incentive Awards Program, the PRAU no longer prepares letters of

commendation for individuals who perform services to the Bureau

through a contractual agreement.

**EffDte: O7/l9/2002 MCRT#: l229 Div: D3 Cav: SecCls:

5-17 LETTERS OF APPRECIATION TO NON-BUREAU PERSONNEL

SENSITIVE

36
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

Letters of appreciation may be recommended to recognize

the efforts of individuals other than employees of the FBI who have

contributed to the Bureau's mission or who have been cooperative in

furthering our mission. Recommendations for such letters should be

submitted on Form FD468 Correspondence Matters, Recommendation for

Letter from Director!, not on Form FD255 Recommendation for

Incentive Award!, and forwarded to the|Executive, Congressional, and

Public Constituent Services Unit formerly Correspondence

Unit!,|Office of Public and Congressional Affairs, FBIHQ. See MAOP,

Part II, lll.2, for details.!

**EffDte: O5/13/1996 MCRT#: 541 Div: PA Cav: SecCls:

5-18 PUBLIC SERVICE AWARDS PROGRAM AND CERTIFICATES OF

APPRECIATION

Cooperative relationships between the FBI and the public

have many benefits. There are three effective means to appropriately

recognize the contributions made to the FBI's mission by private

citizens or organizations.

**EffDte: O8/30/1991 MCRT#: O Div: PA, Cav: SecCls:

5-18.1 Public Service Award Plaques

 l! Division heads and SACs|have authority for the

awarding of public service plagues in appreciation of highly

significant contributions for presentation to private citizens or

organizations located within the 50 states. All division heads and

SACs must therefore establish proper procedures, including indices

checks and a control file, to ensure that all candidates meet the

following guidelines.|

! Division heads and SACs should!demonstrate that the

individual or organization provided one of the following:

 a! Exemplary service in an advisory capacity to the

FBI.

 b! Direct assistance to the FBI through actions or

useful ideas which are beneficial in eliminating or minimizing

problems or actively contribute to the FBI mission accomplishment.

 O!

nature through the

manpower.

Assistance to the FBI of a highly significant

cooperative use of facilities, equipment or

 d! Courageous or heroic action in support of FBI

SENSITIVE

37
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

activity or mission.

I ! IThe field office can then use their supply account to

I purchase the plaques. The use of appropriation funds to purchase

I plaques for onboard Department of Justice employees is prohibited.I

I ! IPlaques may be obtained from outside commercial

I sources, including the FBIHQ Recreation Association Store, or a local

I establishment of office's choice.I

**EffDte: O2/27/1995 MCRT#: 370 Div: PA, Cav: SecCls:

5-18.2 Certificates of Appreciation

 l! SACs or division heads may request a Certificate of

I Appreciation for presentation to an individualIwhoIhas rendered

assistance and/or cooperation to the Bureau, in lieu of letters of

I appreciation. IThe certificate should be presented by the SAC,

I division head, or other appropriate FBI representative.I

! The request with supporting justification should be

directed to the Executive, Congressional, and Public Constituent

Services Unit formerly Correspondence Unit!, OPCA, Room 6236, using

I Form FD468. There areIl3Idifferent certificates which should be

I identified accordingly when requests are made. ICertificates are

I further identified on Form FD46B.I

! The Certificate of Appreciation is signed by the

Director and enclosed in aIcardboardIfolder or a leatherette diploma

holder with a gold FBI seal applied on the cover. I When requests

exceed 25, cardboard diploma holders with gold FBI seals will be

used.!I

**EffDte: O4/l3/1999 MCRT#: 874 Div: PA, Cav: SecCls:

5-18.3 Certificate of Appreciation for Use by the Special Agent in Charge

! Each FBI field office has a supply of Certificates of

Appreciation enclosed in a blue paper folder designed to be signed and

presented by the Special Agent in Charge. The criteria of this

certificate are established by the Special Agent in Charge.

I ! IThe National Press Office, OPCA,Ishould be contacted

for additional Certificates of Appreciation for use by the Special

Agent in Charge.

**EffDte: O2/29/1996 MCRT#: 496 Div: PA Cav: SecCls:

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38
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

5-19 SUGGESTION PROGRAM

 l! The employee suggestion program can be a useful and

important employeemanagement communication device. It allows the

employee to suggest improvements in Bureau operations and enables

management to reward those employees who make significant

contributions.

! Suggestion awards are made to employees in

recognition of ideatype contributions which directly contribute to

productivity, economy, efficiency, or directly increase effectiveness

in carrying out the FBI's programs or mission.

! Criteria for Consideration of Suggestion

 a! The suggestion must be outside the employee's

responsibility. In rare cases, contributions within the employee's

job description may be awarded if they are so superior or meritorious

as to warrant this special recognition. The official position

description and performance requirements will be used to measure the

acceptable level of competence and as the basis for determining what

is normally expected of an employee occupying that position.

 b! The benefit to the FBI in terms of direct

contributions in efficiency or economy must be equivalent to a savings

of $250 in order to qualify for a cash award. Benefits will usually

be based on the first full year of operation following adoption of a

suggestion. Benefits may be determined by estimating the net savings

over a longer period when there are high firstyear costs required to

implement the suggestion. In instances where the value cannot be

determined by estimated net savings, it will be determined by

reference to the intangible awards table see 5l9! c!!.

 c! Suggestions that deal with routine employee

services, benefits, working conditions, housekeeping, or maintenance

of buildings and grounds should be handled through normal

administrative channels and not accepted into the suggestion system.

Items of supply which can be procured through simple requisition, or

proposals which offer no specific means to improve operations, should

not be entered into the program unless the contribution to economy,

efficiency or increased effectiveness of operation can be clearly

demonstrated. Also, proposals which would obviously cost more to

process than the tangible benefit achieved will not be evaluated under

this program but will be returned for oral acknowledgment.

 d! Inventions and patent disclosures may serve as

the basis for a suggestion award when the idea meets the criteria set

forth above. The patent application and an analysis of the estimated

direct dollar benefits will meet the minimum documentation

requirements.

| e! Suggestions that are submitted into the program

will not receive recognition if the idea has previously been submitted

or is currently under consideration by an FBI entity.92

SENSITIVE

3 9
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

! Documentation Requirements for Suggestion Awards

 a! Form FD252 should be utilized to submit

suggestions original and three copies!. If the suggestion relates to

a form, submit four copies of the current form and four copies of the

proposed form.

 b! Form FD252 must be signed by the suggester and

forwarded to the Performance, Recognition and Awards Unit,

Administrative Services Division for appropriate action.

 c! A brief description of the current practice or

procedure, if any, should be noted, as well as any manual citation, if

appropriate.

 d! A description of the suggested change to

existing practice or procedure, or if it is a suggestion to add a new

practice or procedure, a description of what is to be added.

 e! An analysis of the direct estimated net dollar

benefit which would result over the first 12-month period after

adoption should be set forth. The suggester is to document as fully

as possible the actual or anticipated savings which will result from

adoption of a suggestion.

! Adoption of Suggestion and Group Awards

 a! Suggestions not adopted when made remain active

for!six months.! If adopted within|a sixmonth|period, the original

suggester will be entitled to consideration of an appropriate award.

Suggestion becomes invalid if not|evaluated!within|six months from the

date of the suggestion.!

 b! When awards are granted in connection with

adopted suggestions, the use of the suggestion by the United States

shall not form the basis of a further claim.

 c! If two or more employees independently and

simultaneously submit identical suggestions, any award will be egually

divided.

! Amount of Cash Award for Adopted Suggestions

 a! In the interest of uniformity, the amount of an

award will be determined by FBIHQ; therefore, the!amount|of an award

|will be determined by FBIHQ and approved by the head of office or

SAC.!

 b! Cash awards resulting in tangible benefits will

be determined in accordance with the following scale for such

benefits:

TANGIBLE BENEFITS AWARD

Up to $lO0,000 lO percent of benefits

SENSITIVE

40
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

$100,001 and above $10,000 plus 1 percent of

in benefits benefits over $100,000

 c! Cash awards resulting in intangible benefits

will be determined in accordance with the following scale: See MAOP,

Part 1, 5-19! b!.!

VALUE OF BENEFIT EXTENT OF APPLICATION

Limited Extended Broad General

Moderate $ 25-125 $ 125-325 $ 325-650 $ 650-1,300

Substantial $ 125-325 $ 325-650 $ 650-1,300 $1,300-3,150

High $ 325-650 $ 650-1,300 $1,300-3,150 $3,150-6,300

Exceptional $ 650-1,300 $1,300-3,150 $3,150-6,300 $6,300-10,000

 d! Cash awards for suggestions will not affect the

annual salary of an employee; however, federal withholding tax will be

deducted from such award prior to payment.

! Streamlining Committee or Suggestion Coordinator

 Optional!. Each division may designate either a Suggestion

Coordinator or Streamlining Committee. Their function is to

facilitate suggestions to improve Bureau operations. This decision

will be left to the discretion of the division head or SAC who is

responsible for lending appropriate support to the Suggestion Program.

**EffDte: 11/22/2002 MCRT#: 1245 Div: D3 Cav: SecCls:

5-20 SERVICE AWARDS

Certificates of service and service award keys are

presented to Bureau employees in connection with their 10-, 20-, 25-,

and 30-year anniversaries. |Bureau employees celebrating their 40-,

45-, 50-, and 55-year anniversaries will receive congratulatory

letters in lieu of certificates.! Additional service awards follow:

! 35-Year Service Award

Scroll Award

! 40Year Service Award

 a! |Deleted|

 b! Service award key cluster

 c! Engraved watch

SENSITIVE

41
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

I d! IDeletedI

! 45Year Service Award

I a! IDeletedI

 b! Threedimensional plaque of FBI Seal

I c! IBookendsI

I d! IDeletedI

! 5OYear Service Award

I a! IDeletedI

 b! Cuff links and tie clasp for men

 c! Brooch for women

I d! IDeletedI

I I! 55Year Service Award

I a! Engraved crystal eagle

I ! 6OYear Service Award

I a! FBI Medal for Meritorious AchievementI

**EffDte: OB/O9/2000 MCRT#: I007 Div: D3 Gav: SecCls:

5-20.1 Computation of FBI Service

 l! Based on total period s! of active duty

! Leave without pay in excess of six months is deducted

! In general, any period of separation from the

Bureau's rolls is deducted. Military service is credited for those

employees who possess mandatory restoration rights to the positions

they hold when they enter the military and who fulfill any criteria

necessary to protect such rights.

**EffDte: OB/29/1990 MCRT#: O Div: D3 Gav: SecCls:

I 5-20.2 Presentation of ServiceIAwardsI

I I l! Anniversary awards should be presented to employees

SENSITIVE

42
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

by the heads of office. At the employee's request, the Director will

present, as his schedule allows, service awards to those employees

celebrating 25 years, or longer, of Bureau service who are assigned to

FBIHQ excluding the Criminal Justice Information Services Division

employees assigned to Clarksburg, WV, but including any employees

assigned to Quantico, Virginia; Washington Field Office; and the

Critical Incident Response Group CIRG!!. Bureau employees in

Clarksburg, WV, and all field offices, other than CIRG, celebrating

25-year, 30-year, or 35-year anniversaries who wish to meet with the

Director for presentation of their service awards need to submit their

request by EC with the understanding that all expenses are to be borne

by the requesting employee. The EC should be addressed to

Administrative Services, Attn: Performance, Recognition, and Awards

Unit PRAU!, Room 6860, at FBIHQ, at least one month prior to the

employee's anniversary.

! The PRAU, via an EC, will contact all Bureau

employees assigned to field offices excluding CIRG! celebrating a 40-

year anniversary or longer, through the employee's division front

office, inviting the recipient to travel to FBIHQ to meet with the

Director for presentation of his/her service award. Travel costs for

the recipient and one guest will be reimbursed by the Bureau.|

**EffDte: 08/09/2000 MCRT#: l007 Div: D3 Cav: SecCls:

5-20.3 Loss of Service Award Key

IA replacement key, at the employee's expense, may be

requested by submitting a communication to the PRAU, Administrative

Services Division, Room 6860. In the communication, the employee must

explain the reason for the request and should also include their

official Bureau name and entry on duty date, as well as a personal

check, cashier's check or money order made payable to the FBI. Due to

the fluctuating prices of gold, an employee must contact the PRAU to

obtain a current price.|

**EffDte: 08/09/2000 MCRT#: l007 Div: D3 Cav: SecCls:

5-21 FEDERAL SERVICE EMBLEM

A Federal service emblem, with FBIHQ concurrence, is

available at the employee's specific request when an employee does not

qualify for a Bureau service award key under the following

circumstances:

 l! Employee must have completed at least l0 years of

civilian and/or military service, exclusive of FBI service.

! Employee must have completed at least one year of FBI

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service.

**EffDte: O8/25/1989 MCRT#: O Div: D3 Cav: SecCls:

5-22 RETIREMENT PLAQUE

92A retirement plaque is authorized for presentation to

employees who retire, including disability retirements, from the

Federal Government while employed by the FBI regardless of their years

of FBI service. These employees may be eligible for retirement under

the provisions of the Civil Service Retirement System or the Federal

Employees Retirement System. Special Agent badges and credentials or

support employee credentials or identification cards may be

appropriately mounted on the plaque. The employee may request a

walnut shieldtype plague without badges, credentials or cards. The

retirement plaque will reflect only the dates of FBI service.|

**EffDte: O8/25/1989 MCRT#: O Div: D3 Cav: SecCls:

5-22.1 Request for Retirement Plaque

 l! Type of plaque and employee's desire for such plaque,

as well as approval by division head or SAC, should be determined at

time of exit interview and appropriately indicated on the exit

interview form FDl93!.

! FBIHQ division heads and SACs should ensure that

credentials and badges or identification cards are submitted by

routing slip to FBIHQ in a sealed envelope at least 45 days prior to

retirement date. Credentials and badges or identification cards

should be submitted to FBIHQ by registered mail, Attention:

Employee Benefits Unit,|Personnel|Division.

**EffDte: O4/21/1994 MCRT#: 226 Div: D3 Gav: SecCls:

5-22.2 Presentation of Retirement Plaque

 l! The Director will personally present, as his schedule

allows, retirement plagues to employees assigned to FBIHQ and to the

Washington Metropolitan Field Office, at the employee's written

request. These requests should be made at the time of the exit

interview to Attention: Employee Benefits Unit,|Personnel92Division.

! In the Director's absence, retirement plaque will be

presented by the FBIHQ division head or SAC.

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! In the field, exclusive of Washington Metropolitan

Field Office, SACs or, in their absence, ASACs will present retirement

plaque to recipient employee.

**EffDte: O4/2l/1994 MCRT#: 226 Div: D3 Cav: SecCls:

5-23 MEMORIAL PLAQUE

A memorial plaque is authorized, but only after the

specific request of surviving family member s!, for a Bureau employee

who dies while on the rolls, without regard to age or length of Bureau

service. Requests should be forwarded to FBIHQ, Attention:

I Employee Benefits Unit,|Administrative Services!Division.

 l! In each instance, the availability of a plaque should

be communicated to the next of kin.

! The memorial plaque will be identical to the employee

retirement plaque, with the exception of the inscription and the

perforation on the credentials.

! The inscription plate will read "Presented to the

Family of , in Memory of his her! Loyal and Devoted

Service to the Federal Bureau of Investigation, l9__ l9__."

! Deleted

**EffDte: OB/26/2002 MCRT#: l224 Div: D3 Cav: SecCls:

5-23.1 Memorial Plaques for Agents Killed in the Line of Duty but Not Necessarily

During an Adversarial Confrontation

 l! The FBI has long honored Agents killed in the line of

duty as a result of direct adversarial impetusthat is, at or by the

hand of an adversary, or who die as a result of an adversarial

confrontation. These Agents names have been placed on a permanent

plaque so that their great sacrifice will always be remembered. The

inscription on this plaque reads: "In memory of Special Agents of the

Federal Bureau of Investigation who were killed in the line of duty as

the direct result of an adversarial action." The criterion for

inclusion on this plaque is as follows: "Agent or Agents who are

killed in the line of duty as a result of direct adversarial

impetusthat is, at or by the hand of an adversary or who die as a

result of an adversarial confrontation." The plaque consists of the

names of the Agents under the Special Agent badge.

! The FBI also honors those Agents who lose their lives

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in the performance of their duty, but not necessarily during an

adversarial confrontation. The inscription on this plaque will read:

"In memory of Special Agents of the Federal Bureau of Investigation

who lost their lives in the performance of a law enforcement duty."

This would include situations involving "hot pursuit" of criminals and

when death results from the Agent taking immediate action to save the

life or lives of others. It would not include deaths caused, in whole

or in part by voluntary intoxication of the Agent, internal misconduct

of the Agent, the Agent's intention to bring about his/her death

 suicide! or gross negligence by the Agent. Specific guidelines for

inclusion on this new plaque have been developed. FBIHQ will decide

which Agents are to be honored.

! Both plaques will be prominently displayed, side by

Hall of Honor at the FBI Academy at Quantico, FBIHQ, and

offices.

side, in the

in all field

**EffDte: O8/30/1991 MCRT#: O Div: D3 Cav: SecCls:

5-24 HONORARY IVIEDALS PROGRAM H MP!

 l! The HMP is an enhancement of the Incentive Awards

Program and was created to expand recognition afforded FBI employees

by allowing the presentation of honorary medals in acknowledgement of

their acts of heroism, valor and meritorious achievements. The medals

are: FBI Medal of Valor; FBI Shield of Bravery; FBI Medal for

Meritorious Achievement; FBI Star; and FBI Memorial Star. The medals

|are|l4k gold filled and accompanied by replica l4k goldfilled

lapel pins. 92They are|engraved on the reverse sides with the

names of the honorees and placed in decorative shadow boxes for

presentation.

! These medals may also be presented to federal, state,

and local law enforcement personnel who are detailed to or working

with the FBI in an investigative capacity under the Bureau's direction

for performance in the direct line of duty, or within the scope of

their assigned duties relating to the FBI's mission.

92! In instances where recognition of a group is

warranted, in lieu of individual medals, the approved medal mounted on

a plague and imprinted with the names of the honorees is awarded to

the office to which the group is assigned. Each recipient is

presented with an individual award device as well as a replica lapel

pin.|

**EffDte: O4/2l/1999 MCRT#: 875 Div: D3 Cav: SecCls:

5-24.1 Qualifying Criteria for FBI Employees

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46
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! FBI

!

 b!

 C!

within scope of FBI

adversary s!.

 d!

to overcome several

threatening crisis.

! FBI

 a!

Medal of Valor

Exceptional extreme! act of heroism.

Voluntary risk of personal safety and life.

Act occurs in the direct line of duty and/or

employment and in the face of criminal

Resolution and fortitude are of such a degree as

obstacles to neutralize a significant life

Shield of Bravery

Brave and courageous acts occurring in the

direct line of duty and/or within the scope of FBI employment.

 b!

major assistance to

situations and/or c

priority cases of t

 O!

action in connectio

organized crime pen

negotiators or unde

dangerous individua

Voluntary risks in hazardous duties to extend

, i.e., task force or undercover operations, grave

risis confrontations associated with the highest

he FBI.

Performance occurs on duty and may include

n with a highpriority police cooperation matter o

etration. For example, involving lead hostage

rcover Agents, continuously exposed to hostile,

ls.!

! FBI Medal for Meritorious Achievement

 H!

meritorious service

responsibility; i.e

and ACTS of such ma

judge the employee

highest expectation

Step|Increases, or!

FBI Service

l. Awarded for extraordinary and exceptional

in a duty of EXTREME challenge and GREAT

., a sufficient accumulation of DEMONSTRATED DEEDS

gnitude, over a requisite time period, to clearly

s service to the FBI and Nation to be beyond our

s beyond performance solely justifying Quality

significantly substantial cash awards!.

2. Extraordinary and exceptional achievements

in connection with criminal or National Security cases, as well as

senior executives who have given long and outstanding service upon

their retirement, etc.

 b!

the protection of l

severe jeopardy.

danger to his/her l

Exceptional Performance

1. A decisive, exemplary act that results in

ife lives! or the direct saving of life lives! i

2. The recipient need not be in any risk of

ife or personal safety.

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47

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3. The lifesaving act or deed may occur during,

before, or after the employee's official duty hours. For example,

ranging from a support employee's cardiopulmonary resuscitation act to

a SWAT member's success in properly neutralizing an extremely

dangerous subject with hostages.

4. Brave and courageous acts occurring in the

direct line of duty and/or within the scope of FBI employment or

voluntary risks in hazardous duties which are not at a level to

justify the FBI Shield of Bravery, but are of such magnitude that a

medal is appropriate recognition.

! FBI Star

 a! Serious injury sustained in the direct line of

duty from physical confrontation with criminal adversary s!, or by a

device for purposes of ambush.

 b! Injury inflicted by weapons to include hands,

fists, feet, clubs, blunt instruments!, knives, firearms, and

explosives.

 c! The FBI Star is awarded for gunshot wounds of

any variety inflicted as a result of an adversarial action when it is

determined that the injured employee was acting in accordance with

governing policy and exercising reasonable judgment.

 d! Injury in the case of all weapons, with the

exception of gunshot wounds, that are so severe as to require

substantial emergency room sutures, hospitalization and/or

COMPREHENSIVE medical treatment for a SUSTAINED period of time e.g.,

severe concussion and broken bones!.

 e! Superficial abrasions, skin discolorations,

sprains and other minor injuries will be disqualified for

consideration in most cases.

! FBI Memorial Star Death when killed in the line of

duty as the direct result of an adversarial action; loss of life in

the performance of a law enforcement duty; and when actions resulting

in death occur in the scope of FBI employment and in the face of

criminal adversary s!. Note: Under circumstances wherein an Agent is

slain "in the scope of FBI employment," the propriety of the actions

must be adjudicated internally prior to the presentation of the FBI

Memorial Star.

**EffDte: O4/25/2001 MCRT#: lO96 Div: D3 Cav: SecCls:

5-24.2 Qualifying Criteria for Law Enforcement Personnel

 l! FBI Medal of Valor

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 a! Exceptional extreme! act of heroism.

 b! Voluntary risk of personal safety and life.

 c! Act occurs in the direct line of duty and/or

within scope of employment while detailed to or working with the FBI

in an investigative capacity under Bureau direction and in the face of

a criminal adversary ies!.

 d! Resolution and fortitude are of such a degree as

to overcome several obstacles to neutralize a significant lifethreatening crisis.

! FBI Shield of Bravery

 a! Brave and courageous acts occurring in the

direct line of duty and/or within scope of employment while detailed

to or working with the FBI in an investigative capacity under Bureau

direction.

 b! Voluntary risks in hazardous duties connected to

task force or undercover operations, or grave situations and/or crisis

confrontations associated with the highest priority cases of the FBI.

 c! Performance occurs on duty and includes actions

in connection with a highpriority police cooperation matter or

organized crime penetration. For example, involving lead hostage

negotiatorslor undercover roles, continuously exposed to hostile,

dangerous individuals.!

! FBI Medal for Meritorious Achievement

 a! Brave and courageous acts occurring in the

direct line of duty and/or within the scope of employment while

detailed to or working with the FBI in an investigative capacity under

Bureau direction or voluntary risks in hazardous duties which are not

at a level to justify the FBI Shield of Bravery, but are of such

magnitude that a medal is appropriate recognition.

 b! A decisive, exemplary act that results in the

protection of life lives! or the direct saving of life lives! in

severe jeopardy.

 c! The recipient need not be in any risk of danger

to his/her life or personal safety.

! FBI Star  Serious injury sustained in the direct

line of duty from a physical confrontation with a criminal

adversary ies!, or by a device for purposes of ambush while detailed

to or working on an FBI investigation under Bureau direction.

! FBI Memorial Star Death in the line of duty as the

direct result of an adversarial action; loss of life in the

performance of a law enforcement duty; and when death occurs in the

face of a criminal adversary ies! while detailed to or working with

FBI investigative matters under Bureau direction.

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**EffDte: O4/21/1999 MCRT#: 875 Div: D3 Cav: SecCls:

5-24.3 Nomination Procedures

! 92Nominations for honorary medals are to be submitted on

Form FD255a within a reasonable time period after the occurrence of

the act, deed, or service to be honored. If more than one year has

lapsed since the incident occurred, the field or Headquarters head of

office must specifically address the reasons why more timely

recognition was not sought.

Note: Effective December 31, 1999, medal recommendations based on

events that occurred prior to 1989 will no longer be accepted.92

! 92The FBI Memorial Star is intended to be presented to

the primary next of kin as soon as possible after the interments of

Special Agents or federal, state, or local law enforcement personnel

killed in the line of duty or in the performance of a law enforcement

duty.92

! 92Any individual having personal knowledge of an act,

deed, or service believed to merit an honorary medal may submit a

statement of facts to a field or Headquarters head of office. Each

head of office is required to PERSONALLY screen the nomination and

include comments concerning the specifics of the event and employees

performance in terms of criteria for the medal s! being recommended,

and submit it, by Form FD255a, to the Performance, Recognition and

Awards Unit PRAU!. A division head should also comment negatively if

he/she believes the medals criteria were not met. It is crucial that

appropriate supporting documents, e.g., administrative inquiry reports

when an event involved an Agent's use of his/her weapon, newspaper

clippings regarding the event, and the like are attached to the

recommendation.92

92!92 Recommendations of medals for federal, state, and

local law enforcement personnel should be made by the FBI

office/division head where the activity warranting the medal took

place and must also contain the concurrence of the head of the

employing agency.

92!92 The FD255a should be submitted to the PRAU,

|Administrative Services Division.|

92!92 In the interest of timeliness when recommendations are

made for the FBI Memorial Star, immediatelelectronic communication

 EC!|may be submitted to the PRAU. The92EC92should include a succinct

description of the circumstances wherein an Agent or law enforcement

employee was killed.

**EffDte: O4/21/1999 MCRT#: 875 Div: D3 Cav: SecCls:

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| 5-24.4 |FBlHQ Approval Process Moved from 5-24.7!|

I A panel, chaired by the Assistant Director of the

 Administrative Services Division ASD! and consisting of two Special

Agents in Charge and two Special Agents, is convened as often as

necessary to review medal nominations and make recommendations to the

Deputy Director. Representatives of the Employee Assistance Unit,

Shooting Incident Review Group, and the PRAU are also present to

assist the voting members of the panel. The criteria for the Memorial

Star, and in some cases, the FBI Star, are sufficiently clear to allow

for the submission of a recommendation by the ASD without convening a

panel. 

**EffDte: O4/2l/1999 MCRT#: 875 Div: D3 Cav: SecCls:

| 5-24.5 Presentation of Medals Moved from 5-24.6!|

! The FBI Memorial Star will be presented by the Director

or his personally designated representative to the primary next of

kin. The order of precedence to establish the primary next of kin as

surviving spouse, eldest child, father or mother, eldest sibling, or

eldest grandchild is in accordance with the manner prescribed in the

Department of Army regulations governing posthumous awards and

decorations.

! The FBI Medal of Valor, Shield of Bravery, Medal for

Meritorious Achievement, and FBI Star are normally presented by the

head of the office to which the recipient is assigned in a suitable

ceremonial setting. 

! Upon approval of each medal, the submitting office will

be advised to plan a presentation ceremony and coordinate with the

PRAU to ensure that the medal is appropriately inscribed and forwarded

to the office in time for the event. 

**EffDte: O4/2l/1999 MCRT#: 875 Div: D3 Cav: SecCls:

| s-24.6 Moved to s-24.s|

**EffDte: O4/2l/1999 MCRT#: 875 Div: D3PA Gav: SecCls:

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| 5-24.7 |Moved to 5-24.4|

**EffDte: O4/2l/1999 MCRT#: 875 Div: D3 Cav: SecCls:

5-25 DIRECTOR'S ANNUAL AWARDS FOR EXCELLENCE

The Director's Annual Awards for Excellence offer the

Director and other FBI officials the opportunity to recognize, in a

public ceremony, Bureau employees for their outstanding contributions

and exceptional service to the FBI and its mission. There are l7

categories of awards, and to the extent the quality of the award

nominees warrant, the opportunity exists to present more than one

award per category. Also, more than one employee will be eligible for

consideration to receive one award, e.g., a group award. A twotiered

system will be used with the first tier consisting of three awards.

The second tier will be only slightly lower in significance and will

| consist of|l492awards.

**EffDte: O7/l9/2002 MCRT#: l229 Div: D3 Cav: SecCls:

5-25.1 First Tier

 l! The Director's Annual Award for Excellence in

Management

 a! Description: This award is designed for someone

in a supervisory position, not necessarily a Special Agent Supervisor,

and is one of the three highest awards the Director can bestow.

 b! Criteria: The nominee must have demonstrated

outstanding leadership and have made extraordinary contributions or

achievements in the improvement of operational or program

effectiveness, efficiency or productivity; have reduced or eliminated

costs through innovative or special managerial or administrative

efforts and initiatives; or have benefited the FBI through the

reduction or elimination of fraud, waste, mismanagement or abuse.

! The Director's Annual Award for Excellence in

Investigation

 a! Description: This award is designed for someone

who has made significant contributions to an investigation and is one

of the three highest awards the Director can bestow.

 b! Criteria: The nominee must have achieved major

accomplishments in an investigation s! and demonstrated extraordinary

competence in complicated, longterm, and/or sophisticated cases of

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major significance.

! The Director's Annual Award for Excellence in

Investigative Support

 a! Description: This award is designed for someone

in a support!capacity, with eligibility extended to both support

employees and Agents,|and is one of the three highest awards the

Director can bestow.

 b! Criteria: The nominee must have demonstrated

exceptional motivation, initiative, and performance in the support of

investigative efforts and/or displayed extraordinary achievements that

overcame unusual difficulties or unique situations of great importance

to the mission of the FBI.

**EffDte: O2/29/1996 MCRT#: 495 Div: D3 Cav: SecCls:

5-25.2 Second Tier

 l! The Director's Award for Distinguished Service to the

Law Enforcement Community

 a! Description: This award is designed for someone

who contributed to better relations among law enforcement and/or

governmental agencies.

 b! Criteria: The nominee must have demonstrated an

exceptional ability to work with outside agencies, resolve

difficulties and differences, and achieved significant results through

coordinated law enforcement and/or governmental agency efforts.

! The Director's Award for Information Management or

Technical/Scientific Advancement

 a! Description: This award is designed for someone

who develops law enforcement technigues in the area of information

management, technical services, or scientific advancement.

 b! Criteria: The nominee must have made

outstanding achievements in the area of information management,

technical services, or scientific advancement that significantly

contributed to the mission of the law enforcement community or

resolving a case of major importance.

! The Director's Award for Outstanding Criminal

Investigation

 a! Description: This award is designed for someone

involved in a criminal investigation s! of a significant nature.

 b! Criteria: The nominee must have demonstrated

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extraordinary ingenuity, initiative, and competence in overcoming

serious obstacles and achieved significant results in a complex

criminal investigation s! of major importance.

! The Director's Award for Outstanding National

Security Investigation

 a! Description: This award is designed for someone

who is involved in a National Security investigation of a significant

nature.

 b! Criteria: The nominee must have demonstrated

extraordinary ingenuity, initiative, and competence in overcoming

serious obstacles and achieved significant results in a National

Security investigation s! of major importance.

! The Director's Award for Outstanding Counterterrorism

Investigation.

 a! Description: This award is designed for someone

who is involved in a counterterrorism investigation of a significant

nature.

 b! Criteria: The nominee must have demonstrated

extraordinary ingenuity, initiative, and competence in overcoming

serious obstacles and achieved significant results in a

counterterrorism investigation s! of major importance.

! The Director's Award for Distinguished Service by a

Support Employee

 a! Description: This award is designed for a

support employee who has made exceptional contributions to the FBI.

 b! Criteria: The nominee must have demonstrated

outstanding motivation, initiative, and performance in support of the

FBI's mission and/or displayed significant achievements that overcame

unusual difficulties or unigue situations.

! The Director's Award for Sustained Distinguished

Service

 a! Description: This award is designed for someone

who has contributed to the FBI for an extended period of time, an

"unsung hero" award.

 b! Criteria: A nominee in this category ideally

will have demonstrated significant contributions to the FBI over a

period of 20 years or longer. Service of less than 20 years will be

considered relative to the candidate's potential length of career

service, scope of accomplishment, and eligibility under other award

categories. The contributions on a single project or investigation

may not be sufficiently significant to justify a Director's award.

However, the totality of their service to the FBI warrants special

recognition.

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 8! The Director's Award for Distinguished Service by a

New Employee

 a! Description: This award is designed for someone

who significantly contributes to the FBI with less than five years in

the FBI and is to serve as an incentive and role model for all

employees, especially new employees. This is a type of "Rookie of the

Year" award.

 b! Criteria: The nominee must have demonstrated

exceptional ability and resourcefulness to overcome obstacles in light

of limited experience that significantly contributed to fulfilling the

FBI's goals.

 9! The Director's Award for Exceptional Public Service

 a! Description: This award is designed for an

individual or organization outside of the FBI who contributed to the

FBI's mission, a "public service" award.

 b! Criteria: The nominee must have demonstrated

great unselfishness and public consciousness in assisting the FBI in

achieving exceptional results.

 IO! The Director's Award for Egual Employment

Opportunity

 a! Description: This award is designed to

recognize the most significant contribution s! to the Equal Employment

Opportunity EEO! Program.

 b! Criteria: This award is not restricted to EEO

Program officials. A nomination may be for any manager or employee

who has made significant contributions to the FBI's EEO Program.

These contributions could be in the areas of leadership, training,

recruitment, conciliation, or any other activity that enhances

employment opportunities for women and minorities including Blacks,

Hispanics, Native Americans and Asian Americans within the FBI.

Consideration should be given for accomplishment s! in the following

area s!:

l. Performance of a special service beyond the

normal job requirements which results in significant improvement and

effectiveness of EEO Program operations.

2. Development and implementation of a program

or activity which greatly improves public understanding of the FBI's

EEO Program and the Agency mission.

3. Development and implementation of a program

or activity which greatly improves employees understanding of the

FBI's EEO Program and the Agency mission.

4. Performance of a single or continuing act

which clearly strengthens the effectiveness of some aspect of the EEO

process.

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5. Performance in the implementation of EEO

activities and programs which addresses the career needs and concerns

of FBI employees, and contributes to the fostering, understanding,

harmony and cohesiveness within the FBI workforce.

6. Other EEOrelated accomplishments or

activities that enhance the EEO Program.

7. Contributions to the EEO Program that are

especially innovative, or that employ a unigue approach to EEO

concepts e.g., a new recruitment initiative or EEO planned event!.

8. Where an individual creatively defused a

potentially volatile EEO situation or through mediation of a

particularly egregious EEO issue.

| ll!92 The Director's Award for Outstanding Service to

Disabled Employees or by a Disabled Employee.

 a! Description: This award is intended to be given

to the employee who has rendered outstanding service to disabled

employees, or a disabled employee whose aboveaverage performance

warrants recognition.

 b! Criteria: Recognition may be received for such

services as recruitment, employment, providing services,

accommodations or equipment for disabled employees; or, a disabled

employee may be recognized for his/her exemplary performance in the

face of formidable obstacles.

| l2!92 The Director's Award for Special Achievement

 a! Description: This award is designed for a

Special Agent or support employee who has excelled in a specific area

of expertise or in a foreign service assignment, and whose

achievements do not fit other categories of the Director's Awards.

 b! Criteria: The nominee must have demonstrated

extraordinary initiative, ingenuity, competence and performance in

his/her area of expertise or in areas of foreign service or any

specialization that enhances the mission of the FBI.

| l3!92 The Thomas E. DuHadway Humanitarian Award

 a! Description: This award is designed to

recognize Bureau employees that best exemplify former Assistant

Director DuHadway's constant, unqualified willingness to help others

through personal crises, regardless of their position, age, race, sex

or religion, with no expectations of personal gain or recognition.

 b! Criteria:

l. Nominee must be an employee of the FBI.

2. Nominee has responded to the needs of a

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fellow FBI employee or the employee's family with an unqualified

willingness to help the employee through a time of personal or family

crisis without regard for their position, age, race, sex or religion.

3. The nominee volunteered time to help a

member of the FBI family solve a personal problem or unsolicited

assistance of a positive nature that aided the employee or their

family.

4. The employee's contributions or assistance

had a significant, positive effect on the resolution of the personal

crisis involved and/or otherwise is clearly recognizable as an action

which others should seek to emulate in the spirit demonstrated by

former Assistant Director DuHadway.

| l4!92 The Manuel J. Gonzalez Ethics Award

 a! Description: This award is designed to

recognize Bureau employees who best embody former Assistant Director

Gonzalez's example of unwavering ethical standards, professional

ideals, and reputation for organizational integrity.

 b! Criteria:

1. Nominee must be an employee of the FBI.

2. Eligibility extends to three qualifying

forms of ethical display. One of the following, or combination

thereof, will be deemed suitable:

a. Nominee's FBI career has been

distinguished by his/her extraordinary commitment to the FBI's code of

conduct in both professional and private life.

AND/OR

b. Nominee has demonstrated an

extraordinary sense of ethics in overcoming a significant dilemma or

withstanding a specific crisis as it relates to his/her official FBI

duties or employment with the FBI.

AND/OR

c. Through nominee's display of ethical

standards in a specific instance, public trust in the FBI, or law

enforcement in general, has been markedly enhanced or fortified.

3. Nominee has significantly improved the FBI's

internal ethics or standards of conduct program through exceptional

individual effort, contribution, or example.

4. Nominee has substantially enhanced the

federal government's Standards of Ethical Conduct program through

exceptional individual effort, contribution, or example.

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5. Nominee has personified the EBI's Core

Values of rigorous obedience to the Constitution, respect for the

dignity of all; compassion; fairness, and uncompromising personal and

institutional integrity through either sustained outstanding

performance of daytoday duties or special acts.

6. Nominee has substantially improved the

public's perception of the FBI's commitment to individual and

institutional integrity through exceptional individual effort or

contributions in the community.

**EffDte: O7/19/2002 MCRT#: 1229 Div: D3 Gav: SecCls

5-25.3 Awards

The firsttier awards will consist of a $5,000 cash award

and a noncash award, i.e., plague, statue, certificate, etc. The

secondtier awards will consist of a $3,000 cash award and a noncash

award. 92 NOTE: Nonworkrelated performance recognized under the EEO

category, e.g., community services, will be recognized with an award

device only. Workrelated performance in this category will be

recognized with a cash award.!92 Provided that the size of a group

receiving one award, e.g., a group award, is not excessive, each

member of the group will receive the full cash amount of the award.

If the size of the group is deemed excessive, the selection panel

will make a recommendation on the size of the award for each member

of the group, based on what is reasonable and the circumstances at

hand. A noncash award will be presented for the Thomas E. DuHadway

Humanitarian Award and the Manuel J. Gonzalez Ethics Award; however,

in keeping with the nature of these awards, there will be no

accompanying monetary recognition.

**EffDte: 01/29/1999 MCRT#: 855 Div: D3 Cav: SecCls

5-25.4 Nominations

Nominations will be made by the heads of FBI field and

FBIHQ divisions/offices. Each nomination must be submitted via a

cover page which contains the personal endorsement of the

division/office head. Nominations arising from investigative work

must also be endorsed by the appropriate United States Attorney or

responsible department. Where participation in an investigation is

the primary basis for a nomination, the strongest background and

support can be derived from cases which have been adjudicated through

the initial trial phase. However, in recognition of the delays which

are inevitable in bringing some cases to trial, nominators should, at

a minimum, carefully consider and include a brief assessment of the

expected outcomes for nominations supported by investigations which

have yet to be adjudicated.

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58
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1

 l! When an office nominates an employee from another FBI

division or field office, the nominating office must include a brief

statement noting concurrence from the nominee's division/office head.

Nominators are urged to consider all wellgualified individuals in

order to contribute toward a proper representation of employees at

all levels in both the support and Agent career paths.

! Division/office heads may submit a limit of one

nomination for each category. Nominations shall be individually

typed on plain bond paper, singlespaced, and must not exceed five

pages in length. All pages must be headed with the name of the

award, the nominee's official Bureau name and title, Social Security

Number, grade, and office of assignment.

! A one paragraph synopsis of the achievement s!

which the nomination is based must be included. The synopsis

be concise, descriptive, and fully outline the outstanding

achievement s! related to the award for which the employee is

nominated. It should be written with the assumption that the

will be selected for the award, and the paragraph will appear

briefing material and/or an awards program booklet for public

dissemination.

! Newspaper

material may be submitted

right to not review this

upon

should

nominee

in

articles and/or other forms of supporting

; however, the selection panel reserves the

material in their deliberations dependent

upon the overall volume of information received.

! Nominees must have received!a Meets Expectations

ratinglon their last Performance Appraisal Report. Ordinarily, an

employee who is the subject of a pending administrative inguiry which

could result in disciplinary action should not be recommended for an

award.

! Submit all nominations to the Performance,

Recognition and Awards Unit PRAU!,!Administrative Services!

Division, FBIHQ, except the following:

 a! Nominations from Legal Attache Offices are to

be forwarded to the!Office of International Operations!for initial

screening and approval before submission to the PRAU.

 b! Nominations containing details of national

security investigation s!/matter s! must be forwarded to the Deputy

Assistant Director,!Counterintelligence!Division, Room 4012, FBIHQ,

for preliminary review.

**EffDte: O7/l9/2002 MCRT#: l229 Div: D3 Gav: SecCls

5-25.5 Selection Process

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An awards selection panel composed of representatives,

both Agent and support, of FBI Headquarters and the field will be

| convened by the Assistant Director of the92Administrative Services|

Division to review the nominations and make final recommendations to

the Director. Those nominated for firsttier awards will

automatically be considered for secondtier awards should they not be

selected for a firsttier award. Likewise, those nominated for

secondtier awards will automatically be considered for a firsttier

award. Nominees will also be eligible for consideration in other

categories within the same tier if they meet the criteria of the

respective category. The final decision will be made by the Director

based on the recommendations made by the selection panel.

**EffDte: O7/19/2002 MCRT#: 1229 Div: D3 Gav: SecCls:

5-25.6 Ceremony

An annual awards ceremony will be held in the Bonaparte

Auditorium in the J. Edgar Hoover F.B.T. Building, followed by a

| reception in the recipients honor. The Director will preside over

the ceremony which will be attended by representatives of the

recipients office of assignment and FBI executives. Recipients and

one immediate family member each will attend the ceremony on

reimbursable travel expenses; however, the recipients will be allowed

to invite92any92other92family members,92guests,92and Bureau employees of

their choosing.92 |

|

**EffDte: O2/29/1996 MCRT#: 495 Div: D3 Gav: SecCls:

k$<"kk%rA"k3<"kA"k%rkk3<"%rkkkk2<"kA"k!<"kA"k%rkkkA"3<"%r kkkk3<"%rk%rkk$<"%rA"k£"kA"k%rkkkA"3<"%rkkk9r

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Manl-ID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

ALL ZHFURHATIUH CTAIED

EEHEIH I5 UH¬LA$IFIE

3&1? BE-El-Ziilj? BY SUEZ-fl §JJ¬ B.!"~§1?".="C?B.-5TP

**EffDte: O2/28/1978 MCRT#: O Div: D2 Cav: SecCls:

| 6-1 STENOGRAPHIC, TYPING, AND DICTAPHONE TRANSCRIBER TESTS

! Stenographic and typing tests are available on a

weekly basis to FBTHQ employees desiring to participate in these

examinations. These tests are also afforded to applicants and onboard employees in the field offices. The dictaphone transcriber test

is a tape cassette of dictation to be transcribed by the employee

using a dictaphone machine, and this test is given only to field

office employees. The stenographic test is a cassette tape dictated

| at 80 wpmr The typing test is a 5-minute timed test.

! The 80-wpm stenographic test is the standard

requirement for the position of Stenographer, GS-5. The typing test

is the standard requirement for the position of Office Automation

Clerk/Assistant, GS-3, GS-4, and GS-5. The dictaphone transcriber

test is given in conjunction with the typing test to field office

applicants or employees who will be utilizing dictaphone eguipment.

|

**EffDte: O9/O2/1993 MCRT#: 62 Div: D2 Gav: SecCls:

| 6-2 INSTRUCTIONS FOR AFFORDING STENOGRAPHIC, TYPING, AND

DICTAPHONE TRANSCRIBER TESTS

Only current Bureau-approved tests are to be used.

**EffDte: O9/O2/1993 MCRT#: 62 Div: D2 Gav: SecCls:

6-2.1 Stenographic Tests

! Only official Bureau stenographic tape cassettes are

to be used when affording the stenographic test. A standard tape

recorder must be used to play the tape cassette do not use a

dictaphone machine!. The official test must only be afforded once.

If the employee or applicant must be tested more than once, a

different test must be used.

! Instructions for transcription -

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1
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

 a! Place official payroll name of employee, date,

EOD, and office of assignment in upper righthand corner of a single

sheet of paper.

 b! If an applicant, applicant's full name and the

date should be placed in the upper righthand corner of the paper.

 c! Set the typewriter for oneinch margins, double

spacing, and a tenspace tab indention. lndent only at the beginning

of the transcription.

 d! Employee or applicant cannot retype original

transcription.

 e! Verbatim transcription is required. Applicant

or employee is responsible for spelling, punctuation, capitalization

and proper word division. Dictionaries may be used. In case of

error, it is permissible to use an eraser. Selfcorrecting

ltypewriters, correcting tape or whiteoutlare not permitted.

 f! Indicate on transcription paper the amount of

time required for transcribing.

 g! Staple all stenographic notes to the

transcription including warmup notes.

**EffDte: O8/26/1988 MCRT#: O Div: D2 Cav: SecCls:

6-2.2 Typing Tests

! Only official Bureau typing tests are to be used when

affording the typing test. Do not use|correcting tape or whiteout.| A

practice typing test may be afforded prior to the official test. The

official typing test must only be afforded once. If the employee must

be tested more than once, a different test must be used.

! Instructions for a 5-minute timed typing test 

 a! Place official payroll name, date, EOD, and

office of assignment in upper righthand corner of single sheet of

p<Elp¬I .

 b! If an applicant, applicant's full name and the

date should be placed in the upper righthand corner of the paper.

 c! Set|machine|for92a92oneinch|margin,|single

spacing, and a tenspace tab indention. Double space between

paragraphs.

| d!92 Test must be copied precisely line for line.

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2
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

| | e!! Time employee for five ! minutes.

| | f!! If entire test is typed before time is called,

employee should double space and begin typing test again.

**EffDte: O8/26/1988 MCRT#: O Div: D2 Cav: SecCls:

| 6-2.3 |Deleted|

**EffDte: O9/O2/1993 MCRT#: 62 Div: D2 Cav: SecCls:

6-2.4 Dictaphone Transcriber Test

 l! Only official Bureau dictaphone transcriber tape

cassette is to be used when affording the dictaphone transcriber test.

A dictaphone machine must be used do not use a tape recorder!. The

tape cassette may be forwarded or reversed if necessary. The official

test must only be afforded once. A practice dictaphone transcriber

test may be afforded prior to affording the official test. Tf the

employee or applicant must be tested more than once, a different test

must be used.

! Instructions for transcription 

 a! Place official payroll name of employee, date,

EOD, and office of assignment in upper righthand corner of a single

sheet of paper.

 b! Tf an applicant, applicant's full name and the

date should be placed in upper righthand corner of the paper.

 c! Set the typewriter for oneinch margins, double

spacing and a tenspace tab indention. Tndent only at the beginning

of the transcription.

 d! Employee or applicant cannot retype original

transcription.

 e! Verbatim transcription is required. Applicant

or employee is responsible for spelling, punctuation, capitalization

and proper word division. Dictionaries may be used. In case of

error, it is permissible to use an eraser. Selfcorrecting

| Itypewriters, correcting tape or whiteout are!not permitted.

 f! Indicate on transcription paper the amount of

time reguired for transcribing.

**EffDte: OB/26/1988 MCRT#: O Div: D2 Cav: SecCls:

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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

6-3 GRADING OF TESTS

 l! For applicants recruited for FBIHQ: All stenographic

and typing tests administered to applicants recruited for FBTHQ must

be forwarded to the!Bureau!Support Applicant Unit with the appropriate

paperwork for regrading. Field offices should never inform an

applicant of the results of these tests until notified of the official

score from FBTHQ.

! For applicants recruited for field offices: Field

offices shall officially grade all stenographic and typing tests for

applicants recruited for their respective offices and onboard

employees being considered for promotion. These tests are not to be

sent to FBTHQ for regrading.

**EffDte: O4/O7/1997 MCRT#: 65l Div: D2 Cav: SecCls:

6-4 INSTRUCTIONS FOR GRADING BUREAU STENOGRAPHIC TEST

The exercise consists of 240 words and has been dictated

at BO wpm for three ! minutes. Accuracy in the test will be rated

on the entire paper. lf the transcription consumes more than twenty

0! minutes, two ! points will be deducted for every minute

thereafter. A grade of 75 percent is passing, below 65 percent

constitutes a NO GRADE.

The following deductions will be made for the errors

noted:

ERRORS POINTS

General Rule: Every word omitted, added, inserted, misspelled,

transposed or in any manner changed from the dictation tape will be

penalized as follows:

Word omitted

Word added

Word inserted

Misspelled word

Transposed word

Abbreviation not dictated or dictated but not

standard use of! 3

Punctuation:

Failure to use punctuation l

Incorrect punctuation l

Division of words each error in! 1

Erasures and strikeovers l

 Maximum for exercise! 5

SENSITIVE

4
Manl-ID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1

SENSITIVE

Incorrectly compounded word

Capitalization

Interlineation

Plural instead of singular if

is affected

is not affected

Singular instead of plural if

is affected

is not affected

Spacing:

Following punctuation marks

Between words

Incorrect tabulation

Incorrect margins

**EffDte: l2/l2/1991 MCRT#: O

grammatical connection

grammatical connection

Div: D2 Cav:

l

l

l

3

l

3

l

SecCls

6-5 RULES TO BE FOLLOWED IN GRADING BUREAU TYPING TESTS

A score of 40 wpm is required for the GS-4 or GS-5

positions and a score of 3O-39 wpm is required for the GS-3 position.

**EffDte: l2/l2/1991 MCRT#: O Div: D2 Cav: SecCls

6-5.1 Errors

General Rule: Every word omitted, added, misspelled,

transposed or in any manner changed from the printed copy will be

penalized as follows:

 l! Omission - Charge one error for each letter, figure,

or punctuation mark92omitted.92 If the entire line is omitted or a

partial line omitted, charge only one error. Then deduct total

strokes of the omitted line or partial line from the total strokes

typed for the entire line.

! Addition - Charge one error for each letter, figure,

or punctuation mark added. Charge one error for each entire line

added or retyped and for part of a line added or retyped. Charge one

error for each word containing a mistake in added or retyped lines.

! Misspelled Words  Charge one error for each

misspelled word.

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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

! Transposition  Charge one error for each transposed

word, plus an error for each word in the transposed matter containing

a mistake.

! Faulty shifting and lightly struck characters 

Charge one error for each character appearing either above or below

the line or lightly struck character if the whole character is

discernible.

! Capitalization Charge one error for failure to

capitalize as in printed copy. Charge one error for an entire line or

part of a line typed in solid capitals plus an error for each word

containing a mistake.

! Indention Charge!only|one error for each failure to

indent as in copy|since tab indentions are previously set before the

timing starts; therefore, if the typist indents incorrectly the first

time, he or she will be indenting incorrectly throughout the entire

timing.!

 8! Margins  Charge one error for each irregularity in

left margin. Charge one error for each deviation from the test in the

right margin.

 9! Spacing Charge one error for incorrect spacing

between lines, words, and after punctuation marks that differ from

printed copy.

 IO! Strikeovers  Charge one error for each strikeover.

 ll! Last word Charge one error for a mistake in the

last word typed, whether or not the word is completed.

ONLY ONE ERROR MAY BE CHARGED IN A WORD, INCLUDING ITS FOLLOWING

PUNCTUATION AND SPACING.

NOTE: Use a check mark to indicate each error.

**EffDte: 12/l2/1991 MCRT#: O Div: D2 Cav: SecCls:

6-5.2 Calculation of Grade

Each character or space in a line counts as one stroke.

Determine the number of strokes typed. If a partial line is typed,

count the strokes and add to the total strokes in the line above. Do

not add strokes in retyped lines. Subtract strokes from the total

number of strokes for omitted lines. Divide the number of strokes by

! five to determine the gross number of words typed. For each

error, deduct l0! ten words from the gross number of words. Divide

by ! five to determine net wpm typed. Round off fractions to

nearest whole number.

SENSITIVE

6
ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

SENSITIVE

Example:

A typist typed 1,233 strokes with 2 errors

1,233 divided by 5 = 247 gross words

2 errors! X 10 I 20 penalty

247  2O = 227 net words

227 divided buy 5 minutes! = 45 net

PASSING GRADE

**EffDte: 06/28/1991 McRT#

| 6-6 |DELETED|

**EffDte: 09/02/1993 MCRT#

| 6-6.1 |Deleted|

**EffDte: 09/02/1993 MCRT#

| 6-6.2 |Deleted|

**EffDte: 09/02/1993 McRT#

| 6-6.3 |DeIeted|

**EffDte: 09/02/1993 McRT#

4O WPM

O Div: D2

62 Div: D2

62 Div: D2

62 Div: D2

62 Div: D2

wpm

Cav:

Cav:

Cav:

Cav:

Cav:

in 5 min

6-7 INSTRUCTIONS FOR GRADING THE BUREAU DICTAPHONE

TRANSCRIBER TEST

utes

SecCls:

SecCls:

SecCls:

SecCls:

SecCls:

The exercise consists of 240 words and has been dictated

at 80 wpm for three ! minutes. Accuracy in the test will be rated

on the entire paper. If the transcription consumes more than 0! ten

minutes, two ! points will be deducted for every minute thereafter.

A grade of 75 percent is passing, below 65 percent constitutes NO

GRADE.

The following deductions will be made for the errors

noted:

SENSITIVE

7
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

**EffDte: Ol/21/1987 MCRT#: O Div: D2 Cav: SecCls:

6-7.1 Errors

General Rule: Every word omitted, added, inserted,

misspelled, transposed or in any manner changed from the dictation

tape will be penalized as follows:

ERRORS POINTS

Word Omitted

Word Added

Word inserted

Misspelled word

Transposed word

Abbreviation: Not dictated or dictated but not

standard use of! 3

Punctuation:

Failure to use punctuation l

Incorrect punctuation l

Division of words each error in! 1

Erasures and strikeovers l

 Maximum for exercise! 5

Incorrectly compounded word l

Capitalization 1

Interlineation l

Plural instead of singular if grammatical connection

is affected 3

is not affected l

Singular instead of plural if grammatical connection

is affected 3

is not affected l

Spacing:

Following punctuation marks

Between words

Incorrect tabulation

Incorrect margins

**EffDte: Ol/21/1987 MCRT#: O Div: D2 Cav: SecCls:

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|s-a |DELETED|

**EffDte: O1/21/1987 MCRT#: O Div: D2 Gav: SecCls:

9<%~k%*~k*%~!<~k***9<%*%***%*~k*%*k9<**%*k%* ~!<>%~!<9<%*%***%*~k~!<%*k9<**%*~k%*%~!<%*

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Man]-ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

ALL IIIZFURILETIEEI EEZIZTAIIKIEEH

HEREIN I3 IJIEIILAEFIIFIED

DATE [E2-2l.-EiCEEI? BY 60324 AUE

SECTION 7. MERIT PROMOTION AND PLACEMENT PLAN MPPP!

7-1 OBJECTIVE

 l! The objective of this plan is to provide guidance in assuring that all qualied candidates receive

fair and equal consideration for support positions based on merit principles. It is based on the

premise that the best predictor of future performance is past performance in similar situations and is

designed to ensure that the FBI is staffed by the most qualied candidates available.

! Personnel staffing decisions will be based on valid job-related criteria and, except where

otherwise provided by law, without regard to and without discrimination because of color, race,

religion, national origin, political afliation, marital status, mental or physical disability, age, sex,

or sexual orientation.

! Personnel staffing decisions will be based on job- related criteria without regard to membership

or nonmembership in an employee organization; personal favoritism; or in reprisal for the lawful

disclosure of information in "whistleblower" situations.

! The standards outlined address policies and procedures necessary to operate an effective merit

system for the staffing of support positions consistent with the requirements of the "Uniform

Guidelines on Employee Selection Procedures," Section 50.14, Title 28, United States Code of

Federal Regulations.

! This plan is applicable for the staffing of positions in the FBI excluding those classified in

occupational series 181 l, attorney positions, positions in the Senior Executive Service and

positions at the Executive Level.

T-2 DEFINITION OF TERMS

 l! ABILITY KSAO!: The power to perform an observable activity or behavior which results in

an observable product or consequence.

! ALL-SOURCE APPLICANT: Any applicant, usually an individual not employed by the federal

government, such as a private sector employee, military member or student.

! ALL-SOURCE CERTIFICATE: A list of all-source candidates who have been rated and ranked

and afforded veterans preference. Referred to as "Certicate of Eligibles" in the competitive

S¬I'VlC6.

! AREA OF CONSIDERATION: An area in which an intensive search for eligible candidates for

a specic vacancy is made. The area of consideration is decided by management and human

resource personnel based on the needs of the FBI. It must be broad enough to produce a sufcient

number of well-qualied candidates and meet EEO objectives.

! BEST-QUALIFIED LIST: A group of federal candidates who, when measured by appropriate

procedures, possess the critical knowledge, skills, abilities and other characteristics KSAOs! to a

greater degree than other candidates eligible for the position.

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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

! CAREER LADDER: The grade levels through which an employee may advance to the full

level of the position to which appointed or assigned; it provides progressively more responsible

experience and noncompetitive promotion potential for incumbents up to the designated full level.

! CAREER PATH: Range of career progression opportunities available to a particular

occupational group within an organization. Career paths include not only the classied career

ladders of individual positions, but other positions for upward, lateral, or downward movement into

different positions.

 8! CHANGE TO LOWER GRADE: A change of an employee to a job or grade level with a lower

representative rate. An action resulting in a reduction in grade. A change to lower grade can occur

as a result of a competitive selection procedure, an adverse action or at the request of an employee.

It may or may not result in a decrease in pay.

 9! COMPETITIVE SELECTION PROCEDURES: Procedures that allow for advertisement of a

position, evaluation of qualications and selection of a candidate s! for a position. A competitive

procedure could result in a noncompetitive action i.e., reassignment, change to lower grade!.

0! CONVERTED SCORE: The rating of a.n all-source candidate that has been converted to a

100-point scale.

1! CREDITING PLAN: Education, training and experience examples for each knowledge, skill,

ability or other characteristic KSAO! which serves as a gauge by which a candidate is compared

and evaluated.

2! DETAIL: A temporary assignment of an employee to a different position not to exceed a

specic period of time with the employee returning to his/her regular duties at the end of the detail.

A position is not lled by a detail, as the employee continues to be the incumbent of the position

from which detailed. The employee should be eligible and qualied for any position to which

he/ she is detailed. Details of more than 120 days to either a higher graded position or a position

with greater promotion potential require competitive staffing procedures.

3! ELIGIBLE CANDIDATE: Applicant who is within the published area of consideration and

who meets the established minimum qualication standards for the position and any other

applicable legal or regulatory provisions.

4! FEDERAL APPLICANT: Applicant who is currently an employee of the federal government

or who is eligible for reinstatement. Includes FBI candidates.!

5! FULL PERFORMANCE LEVEL FPL!: The highest grade/level of regular and recurring

work identified and classied in a particular career ladder. In cases where a position is advertised at

a grade/level less than the FPL, the employee who is placed in the position will have

noncompetitive promotion potential to the FPL.

6! FUNDED STAFFING LEVEL: The number of work years which a division/office is

authorized, as determined by the Resource Management and Allocation Board.

7! GENERAL EXPERIENCE: Experience that is usually required at grade levels where the

knowledge and skills needed to perform the duties of a specic position are not a prerequisite, but

where applicants must have demonstrated the ability to acquire the particular knowledge and skills.

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Man]-ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

8! GRIEVANCE: A formal protest by an employee, or by a group of employees acting as

individuals, for personal relief in a matter of concern or dissatisfaction relating to the employment

of an individual s! which is subject to control by the FBI. Personal relief is a specific remedy

directly benefitting or affecting the grievant s!, but does not include a request for discipline or other

action affecting another employee.

9! INTERVIEW: A method of evaluating a candidate to determine if he/she possesses the

essential knowledge, skills, abilities or other characteristics needed to perform a job.

0! JOB ANALYSIS: A systematic and documented statement of essential work functions and

KSAOs relevant to the position.

l! JOB RELATED: Factors determined through a job analysis to be necessaly for acceptable job

performance.

2! KNOWLEDGE KSAO!: A body of information, usually of a factual or procedural nature,

Which, When applied, makes acceptable perfonnance on the job possible.

3! KSAO: Knowledge, skill, ability or other characteristic ratedf evaluated after minimum

qualications.

4! LOCAL COMMUTING AREA: The geographic area surrounding a work site that

encompasses the localities Where people live and reasonably can be expected to travel back and

forth daily to work, as established by the FBI based on the generally held expectations of the local

community. The area is usually Within a 50- mile radius of Where a position vacancy exists.

5! MERIT SYSTEM: A system of identification, qualification, evaluation and selection based

solely on merit factors i.e., on the basis of relative ability, knowledge and skills!, Without regard to

political affiliation, race, color, religion, national origin, sex, sexual orientation, marital status,

parental status, nondisqualifying disability, reprisal, or age.

6! MERIT SYSTEM PRINCIPLES: Standards by Which the federal government operates to

ensure that the government has the best possible employees, that they are treated fairly, and that all

employees will have the opportunity to go as far as their abilities will take them. This means that

Whenever anyone is hired, promoted, red, demoted, or affected by any other type of personnel

action, the action in question must be on the basis of the individuals ovvn ability and performance.

These principles goveming personnel practices were enacted into law: Title 5, United States Code,

Section 2301 b!.

7! MINIMUM QUALIFICATIONS: Requirements for a job which the employer deems as so

basic and essential that only candidates who meet these requirements are considered for fuither

processing. Minimum qualifications also include any appropriate selective placement factors and

positive education requirements.

8! NONCOMPETITIVE STAFFING ACTION: Filling a position Without using competitive

procedures.

9! OTHER CHARACTERISTIC KSAO!: A personal characteristic, aptitude, physical or mental

trait needed to do the Work.

SENSITIVE

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0! PLACEMENT: The assignment of a new employee to a position or the movement of an

employee from one position to another.

1! PROMOTION: A change of an employee to a job or grade level with a higher representative

rate than his/her current grade or retained grade, if applicable.

2! RANKING: Placing all-source candidates on an All- Source Certicate in order of their

veterans preference category and converted score.

3! RATING: The evaluation of minimally qualied candidates experience by use of an approved

crediting plan. The score the candidate receives is his/her rating. All-source candidates ratings are

converted to a 100-point scale.

4! RATING FACTORS: KSAOs that identify the better candidates from a group of individuals

determined to be at least minimally qualied for a position.

5! REASONABLE ACCOMMODATION: Modications or adjustments to a job, the work

environment, or the Way things are usually done, that will enable a qualified individual with a

disability to attain the same level of performance or to enjoy equal benets and privileges of

employment as are available to a similarly situated employee Without a disability.

6! REASSIGNMENT: A change of an employee from one position to another with no change in

grade level. The employee must be eligible and qualied for any position to Which he/she is

reassigned. A noncompetitive reassignment may not place the employee in a position with greater

promotion potential than his/her current position.

7! REEMPLOYMENT RIGHTS: The statutory, regulatory or administrative obligation

 including military restoration rights! that requires the FBI to rehire a.n individual and place him/her

in a position.

 8! REINSTATEMENT: The noncompetitive reemployment of an FBI or other qualied former

federal employee into a position at the same or lower grade level and occupational classication as

the one the employee previously held.

9! REPRESENTATIVE RATE: The going rate of pay, i.e., the rate or step keyed to the

prevailing rate determination; the fourth step on the General Schedule GS!; or the second rate on a

ve rate regular Wage schedule Federal Wage Schedule WG!!.

0! RULE OF 3: Three highest-ranked available candidates on the All-Source Certicate, listed

according to veterans preference category and rating. Selecting Ofcials are limited to making a

selection using the Rule of 3, in accordance with the regulations in Title 5, Code of Federal

Regulations CFR!, Part 302.

1! SELECTING OFFICIAL: A supervisor or manager designated by head of ofce/division or

his/her designee Wll0 is responsible for selecting/recommending an individual for a stafng action.

2! SELECTION PROCEDURE: Any measure, combination of measures or procedures used as a

basis for a stafng decision.

3! SELECTIVE PLACEMENT FACTOR: An element found to be essential to acceptable

performance in a job to be lled, Which is in addition to or more specic than the minimum

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qualication standard. This element thus becomes a minimum qualication for the position and

only candidates who meet this requirement are considered for further processing. For example, a

position in a particular location may require knowledge of a language other than English.

4! SKILL KSAO!: An art, trade or technique, particularly one requiring the use of the hands or

body. A skill can be observed, quantied and improved with practice or training.

5! SPECIALIZED EXPERIENCE: Experience that has equipped the applicant with the particular

knowledge, skills and abilities to perform successfully the duties of the position a.nd is typically in

or related to the work of the position to be lled. It is usually required for positions above the entry

level where applicants must have demonstrated they possess the ability to perform successfully the

duties of the position after a normal orientation period.

6! STAFFING ACTION: A step-by-step procedure conducted

in accordance with merit principles through which an individual is identied, considered, selected

and assigned to a position.

7! SUBJECT MATTER EXPERTS SMEs!: A group of persons thoroughly knowledgeable

about the duties and responsibilities of a job. Management, with the assistance of human resource

personnel, will be responsible for identifying SMEs.

8! TEMPORARY PROMOTION: A nonpermanent promotion of an employee to a higher grade

level for a specied period of time, not less than 60 days nor more than one year in duration. The

employee must be eligible and qualied for any position to which he/ she is temporarily promoted.

9! TERM PROMOTION: A nonpermanent promotion of an employee to a higher grade level for

a dened period of time, not less than 120 days or more than three years in duration, to handle a

specic assigmnent, project or duties a.nd responsibilities which ca.n be accomplished within that

time frame. The employee must be eligible and qualied for any position to which he/she is

temporarily promoted.

0! TEST: Any written, performance or work simulation test or exercise used to measure a jobrelated knowledge, skill, ability or other characteristic. For placement/selection purposes only those

approved in writing by the Personnel Officer may be used. See MAOP, Part 1, 7-4.3.!

1! TRAINING AND EXPERIENCE EVALUATION: A method of evaluating candidates based

on their past training, education and experience.

2! VACANCY ANNOUNCEMENT: The written or electronic document used to notify potential

applicants of a position to be lled by competitive procedures.

3! VETERANS PREFERENCE: A statutory entitlement provided to former members of the

Armed Forces who served on active duty during certain specied periods of time, became disabled,

or served in military campaigns. Preference eligibles must meet minimum qualications for the

position before they may be afforded the additional points associated with their veterans preference

category. These candidates are entitled to preference over others when a competitive service or

excepted service agency in the executive branch is hiring from a.n All-Source Certicate.

4! VETERANS PREFERENCE CATEGORY: There are four categories of preference,

designated by the following shorthand letters and points: CPS - 10 points, CP - 10 points, XP - 10

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points, TP - 5 points. Veterans preference points are added to all-source candidates converted

scores prior to ranking the candidates on the All-Source Certicate. Nonpreference eligibles are

designated by the shorthand letters, NV. Nonpreference eligibles do not receive additional points.

T-3 RESPONSIBILITIES

! PERSONNEL OFFICER is responsible personally and/or through members of his/her staff for:

 a! designing and developing the policies and procedures for selection, promotion and placement in

accordance with merit system principles;

 b! approving/disapproving all support employee selection, promotion and placement actions;

 c! informing employees by means of official communications of the merit promotion and

placement policies and procedures;

 d! implementing and enforcing the Merit Promotion and Placement Plan policies and procedures

to ensure their full and equitable application to all affected employees and positions;

 e! providing technical assistance, advice, and guidance to management officials, supervisors and

operating employees on all selection, promotion and placement matters;

 f! locating and referring eligible and qualified candidates to the Selecting Official on a timely basis

 g! maintaining records reecting decisions on selection, promotion and placement actions as

detailed in this section;

 h! responding to appropriate grievances, that have not been resolved through informal means, from

employees conceming an act or occurrence of a selection, promotion or placement action covered

under the Merit Promotion and Placement Plan;

 i! suspending merit procedures to address unusual staffing circumstances when warranted to fulfill

FBI mission requirements;

 j! approving use of any tests as a measure for selection.

! SELECTING OFFICIAL is responsible for applying merit system principles and equal

employment opportunities in filling all positions. He/ She is to comply with and ensure that all

applicable laws, regulations, and procedures, as outlined in this plan, are followed with regard to

the selection, promotion and placement actions he/she recommends.

! SUPERVISORS and MANAGERS are required to recuse themselves from advocating a relative

for appointment, employment, promotion, or advancement to a position over which they exercise

jurisdiction or control, and from participating in the selection process if a relative is under

consideration, as specified in Title 5, Code of Federal Regulations CFR!, Part 310, Subpart A.

 a! Relative means father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew,

niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,

sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half-brother or

half-sister.

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 b! Supervisors and managers should also recuse themselves from involvement in personnel actions

Where there may be a perception of favoritism or bias, e.g., adjudicating a grievance or

recommending a promotion for a close personal friend, etc.

! EQUAL EMPLOYMENT OPPORTUNITY EEO! OFFICIAL serves as asource of

information for all employees, managers, and supervisors. In the event a nonselected candidate

perceives that the selection, promotion or placement action was made With regard to race, color,

religion, national origin, sex, sexual orientation, age, parental status, disability mental or physical!,

or reprisal, the Office of Equal Employment Opportunity Affairs OEEOA! would pursue his/her

concerns. Additionally, in the event the applicant or employee requires a reasonable

accommodation for a physical/mental disability, the OEEOA would be responsible for coordinating

this process for approval of the Personnel Officer.

! EMPLOYEES are responsible for:

 a! demonstrating that they have the knowledge, skills, abilities and other characteristics necessary

to qualify for positions for which they desire consideration; and

 b! submitting the required completed forms Within the time frames indicated when applying for

vacancies.

7-4 FACTORS AFFECTING ALL STAFFING ACTIONS

Certain factors, such as performance, service time, tests and formal recommendations apply to both

noncompetitive and competitive staffing actions, except those that are effected as a reasonable

accommodation for a person with a disability.

7-4.1 Performance Appraisal Formerly 7-7.2.3.!

An employee must possess at least a Fully Successful this rating Will, over time, phase out! or

Meets Expectations rating in each critical element of his/her most recent Performance Appraisal

Report PAR! in order to be considered for promotion or a change to lower grade/reassignment to a

position offering promotion potential. If an employee has had insufficient time on duty to have

received an official PAR, the employee's supervisor must certify that the employee's current

performance is consistent with the criteria included in performance standards for the Meets

Expectations level.

7-4.1.1 Deleted

7-4.2 Service Time Requirement Following Appointment

A newly appointed employee must have 90 calendar days of federal service in order to be eligible

for his/her first promotion.

7-4.3 Tests Formerly 7-7.2.4.! See also MAOP, Part 1, 7-2 0! and 7-6.3.1.!

Any Written, performance or Work simulation test or exercise considered for use in the selection

process for either competitive or noncompetitive procedures, including career ladder promotions,

must be approved by the Personnel Officer or his/her designee.

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7-4.4 Formal Recommendations Formerly 7-10.!

A personnel action of promotion, reassignment, reappointment, change to lower grade, or position

change may be transmitted to the Personnel Officer or his/her designee for review and approval by

electronic submission of an SF-52, Request for Personnel Action, fonn through the Bureau

Personnel Management System BPMS!. If the request isa noncompetitive action, the reason s! for

same should be indicated. A personnel action is considered nal only upon approval of the SF-52

by the Personnel Ofcer or his/her designated representative.

7-5 NONCOMPETITIVE STAFFING ACTIONS Formerly 7-4.2.! See also MAOP, Part

1, 7-6.!

The actions shown below do not require competitive staffing procedures:

 l! A promotion resulting from a.n employee's position being reclassied at a higher grade because

of additional duties and responsibilities. The addition of supervisory duties to a nonsupervisory

position may result in the establishment of a different position rather than an upgrading. The lling

of that new position would require competitive procedures.!

! A promotion resulting from the upgrading of a position without signicant changein duties and

responsibilities due to the issuance of a new classication standard or the correction of a

classication error.

! A position change permitted by reduction-in-force RIF! regulations.

! A temporary promotion for 120 days or less.

! A reassignment or position change with no greatercareer ladder advancement potential.

! A reassignment or promotion to a clerical position up to and including grade level GS-8!, with

or without greater promotion potential, following two unsuccessful attempts to ll that position

within a six-month period.

! A career ladder promotion where an employee advances to the full level of the position to

which he or she is appointed or assigned.

 8! Placement of individuals having statutory, regulatory, or administrative reemployment rights, or

to whom a like employment obligation exists e.g., return of employees from military service, EEO

settlements, etc.!.

 9! A reassignment or position change as a reasonable accommodation to an employee's mental

and/or physical disability.

0! A promotion, reassignment or position change made as a result of the suspension of merit

procedures by the Personnel Ofcer to address unusual staffing circumstances.

 l! The noncompetitive appointment of current or former federal employees to a vacant FBI

position for which they are qualied, regardless of whether they have served in the same series of

the position. The individual eligible for this type of appointment must currentlyservein or have

servedin the grade of the position to be filled and the promotion potential of the vacant FBI

position must be no greater than the highest promotion potential ever held.

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7-5.1 Career Ladder Promotions Formerly 7-5.!

! A career ladder indicates the grade levels through which an employee may advance to the full

level of the position to which he or she is appointed or assigned. Initial assignment to a grade level

above entry level is possible based on a.n individual's qualifications for the particular occupation at

the higher grade level.

! After having entered a career ladder, an employee may advance to each grade through

noncompetitive promotion; however, such promotions are not a right, nor should advancement

opportunities through a normal career ladder pattern be construed as aguarantee of promotion.

Advancement within a career ladder is dependent upon:

 a! management recommendation;

 b! the availability and assignment of progressively more difficult duties and responsibilities;

 c! demonstrated possession of the essential KSAOs for the higher grade level position;

 d! any minimum general or specialized experience requirements; and

 e! any position limitations.

! The evaluation of an employee for a career ladder promotion is based on whether the employee

has acquired, usually through on-the-job training and/or experience, the essential KSAOs required

for the higher grade level position. The supervisor must determine the essential KSAOs for the

higher level position and evaluate, through the employee's work performance, whether the

employee possesses the required KSAOs. Supervisors should ensure, to the extent possible, that

employees are provided with opportunities at the lower grade level to demonstrate their possession

of the essential KSAOs required for promotion to the next level.

7-6 COMPETITIVE SELECTION PROCEDURES Formerly 7-4.1.!

Competitive selection procedures are used when all eligible, qualified and interested employees

must be considered for a position. These procedures are required unless specifically excluded under

MAOP, Part 1, 7-5, Noncompetitive Staffing Actions. They include but are not limited to:

! promotion, to include term and promotions lasting more than 120 days, change to lower grade

or reassignment to an entry-level position of a career ladder;

! reassignment or change to lower grade to a position with greater promotion potential;

! reassignment, or detail to a position, including relief position where performance of the duties

and responsibilities would provide the employee with an opportunity to gain KSAOs that would

uniquely qualify them for the position if filled on a permanent basis.

7-6.1 Determining Job Requirements

Before any effort is made to ll a position, essential job-related requirements must be identified.

These job-related requirements are categorized as minimum qualifications, rating factors and

working conditions.

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7-6.1.1 Minimum Qualifications Formerly in 7-6.!

! The purpose of minimum qualication standards, usually education and/or general and

specialized experience, is to identify and eliminate from the selection process those candidates who

are clearly not qualified for a position. Only those candidates who meet the education and

experience requirements, as appropriate, will be further considered in the selection process.

! The Office of Personnel Management's OPM! "Qualifications Standards for General Schedule

Positions," will be used to detennine the minimum qualifications for a position, except when they

are determined to be inappropriate. If the position requires similar work behaviors and KSAOs to

that described or if the standards are consistent with the backgrounds at the time of selection !of

competent employees currently in the job, it is likely that the OPM standard is appropriate. If it is

deterrnined that the OPM standards are inappropriate based on the above conditions, the Selecting

Official may request a modication or development of new standards by the Personnel Officer.

Modifications may also be made by using selective placement factors, with the approval of the

Personnel Offrcer. For example, a position in a particular location may require knowledge of a

language other than English. This requirement may not be covered in the minimum qualifications

standard, but may be essential to acceptable perfomrance for a job in a particular location.

7-6.1.2 Identifying Rating Factors

! Rating factors are those KSAOs that identify the better candidates from a group of individuals

at least minimally qualified for a position. Rating factors are needed to help distinguish the most

qualified candidates from among a pool containing people with, frequently, a broadrangeof

experiences, education or training and different levelsof expertise of the KSAOs. Appropriate

rating factors can be determined by a review of an up-to-date position description; interviews with

subj ect-matter experts, supervisors or clients; and manuals, logs or training materials. KSAOs that

can be learned within a reasonable period of time after assuming the duties of the position and

those that cannot be effectively measured are not appropriate for use in the selection process and

should be eliminated.

! Once essential KSAOs are identifred, the best method to measure them must be determined.

These methods can include a written, performance, or work simulation test or exercise, and/or an

evaluation of training and experience and/or a structured interview. If a written, performance or

work simulation test or exercise is used to measure essential KSAOs, ensure that approval of the

Personnel Offrcer is received before incorporating it into the selection process. For the majority of

competitive selections an evaluation of training and experience and/or a structured interview should

be used. These measures are designed to obtain information concerning a candidate's past

experiences that indicates whether he/ she would be successful at future similar experiences.

! If all KSAOs identified for selection cannot be measured by either a written, performance, or

work simulation test or exercise and/or an evaluation of training and experience, an interview is

necessary. The KSAOS measured in the interview should generally be different from those KSAOs

that are being measured by the other procedures. However, it may be desirable to assign greater

weight to a particular KSAO for a given position, and to measure the KSAO in multiple ways in

order to get a more complete assessment of an individuals skill level. Whatever measures are to be

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used must be decided before the vacancy is advertised and those same KSAOs must be used

through final selection.

! KSAOs selected to be measured for the training and experience procedure should be those that

can be demonstrated by specic achievements, experience, or training. For example, "planning" is a

KSAO that can be described in terms of a specic accomplishment. "Analytical ability" on the

other hand, is very broad and abstract and it may be difcult to describe a specic accomplishment

related to this type of KSAO.

! KSAOs to be measured by the interview should be those that can elicit specic, detailed, or upto-date information from the candidate. Also, KSAOs such as oral communication, and verbal

comprehension can be best observed and measured during the interview.

7-6.1.3 Working Conditions

Any unusual conditions that are essential for successful performance and are beyond what is

normally required of most employees should be identied. Such things as frequent travel, odd

working hours, physical demands, hazardous duties or enviromnent are all conditions of

employment that should be described in the position description and these conditions should be

made known to prospective candidates. Only those candidates willing to work under the identied

conditions, with or without reasonable accommodation, will be further considered in the selection

process.

7-6.2 Qualified Candidates Formerly 7-4.1.1.!

 l! A pool of qualied candidates may be composed of:

 a! federal candidates individuals currently employed by the federal govermnent or who are

eligible for reinstatement!; and/or

 b! all-source candidates any individual, usually individuals not employed by the federal

government, such as private sector employees a.nd students!.

! Federal candidates FBI and other federal employees! are considered for vacant positions under

the merit procedures outlined in this plan.

! All-source candidates may be evaluated in a similar fashion as federal candidates, with the

provision that veterans preference points must be given to candidates who claim such preference.

7-6.2.1 Area of Consideration AOC! Formerly in 7-4.1.1.!

 l! The AOC must provide the Selecting Ofcial with a choice from among a reasonable number of

qualied candidates. Since the area of consideration determines who will be considered for

competitive selection, it is important that it be broad enough to uphold basic merit principles of

open competition, equal opportunity, and identication of the best qualied candidate s!. The area

of consideration may not be established in such a way that it gives unwarranted consideration to a

particular individual or group, nor may it be expanded solely to recruit members of a particular

group. Only applicants within the AOC may be considered for selection.

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! Limited vs. Expanded AOC: Each division/office, with the concurrence of the Personnel Officer

as necessary, will establish the AOC based on its funded staffing level FSL! and any overhire

authority for the vacancy. A separate determination must be made Whether or not to pay relocation

expenses. This decision will be authorized by the Personnel Officer based on the needs of the FBI,

the adequacy of the candidate pool Within the local commuting area, and the availability of transfer

funds. Selectees Who reside Within the local commuting area usually a 50-mile radius! are not

eligible for relocation expenses.

 a! Limited AOC: Division Only

The AOC may be limited to the division/office with the vacancy when the division/ office is at or

above its FSL and does not have overhire authority for the vacancy. Only FBI candidates assigned

to the division with the vacancy Will be considered. Even when divisions share a local commuting

area, such as FBIHQ divisions or Newark/New York divisions, only candidates from the division

With the vacancy will be considered. Division management has the option of further limiting the

AOC to those division employees Who Work within the local commuting area of the vacancy. No

relocation expenses Will be paid by the FBI.

 b! Expanded AOC: FBI, other federal and/or all- source applicants

The AOC may be expanded when divisionf office is under its FSL or has overhire authority for the

vacancy and recruiting Within the division/office is unlikely to produce an adequate pool of

candidates. The division/office has three options in defining an expanded AOC:

l. FBI employees only. This choice should be made when it is likely that recruiting among onboard FBI employees Will produce an adequate pool of qualified candidates.

2. All federal candidates FBI and other federal employees!. This choice should be made when it is

likely that recruiting among all federal employees will be necessary to produce a.n adequate pool of

qualied candidates.

3. All sources: all federal FBI a.nd other federal employees! and nonfederal candidates. This choice

should be made only when it is expected that recruiting among the general population Will be

necessary to produce a.n adequate pool of qualified candidates. Typically this will occur when the

vacancy to be filled is in a highly specialized or competitive field.

The decision Whether or not to pay relocation expenses will be authorized by the Personnel Officer

based on the needs of the FBI, the adequacy of the candidate pool within the local commuting area,

and the availability of transfer funds.

7-6.2.2 Vacancy Announcements Formerly in 7-4.1.1.!

 l! Vacancy announcements are the means by which potential applicants are notified of the position

vacancy a.nd may be in written or electronic format. These announcements must contain title, grade,

series, and duties of the position; the location at which the position Will serve; Working hours;

promotional opportunities; area of consideration; minimum qualification standards; Written,

performance or work simulation test or exercise to be administered; KSAOS that the applicant must

respond to in the application; unusual Working conditions; application process; including the

opening and closing dates of the announcement; and an explicit statement regarding equal

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employment opportunity and that candidate s! may request a reasonable accommodation due to

physical and/or mental disability.

! The vacancy announcement must state whether or not relocation expenses will be paid by the

FBI and any restrictions on payment e.g., only those selectees who reside outside the local

commuting area will be eligible for relocation expenses!.

! The vacancy announcement must state if the position is a temporary or term position and, if so,

the expected time limit not- to-exceed date!, and the provisions for return of the employee to a

permanent position at the end of this assignment. If applicable, the announcement should also state

that the position may be made permanent without further competition.

! If the AOC is expanded to include applicants outside of the FBI who are current employees of

the federal government or former employees of the federal government with reinstatement

eligibility, the vacancy announcement must have a statement requiring the applicant to submit a

copy of his or her most current Notication of Personnel Action, SF-50, and a copy of his or her

most current performance appraisal.

! If the AOC is expanded to include all-source applicants, the vacancy announcement must have a

statement about veterans preference. Veterans claiming preference must submit a copy of their

Certificate of Release or Discharge from Active Duty, DD-214. Veterans on active duty at the time

of application may submit a letter from his/her commanding officer or military personnel office

stating his/her dates of service, rank, campaign badges or medals awarded, type of separation

he/ she will receive, and projected character of service e.g., honorable, general!. Veterans, spouses,

widows, widowers, or mothers of veterans claiming 10-point preference must also, in addition to

the DD-214, submit an Application for 10-point Veteran Preference, SF-15, and the documentation

required by the form.

All-sources amouncements must include a statement that current federal employees and former

federal employees with reinstatement eligibility who wish to be considered as both federal and allsource applicants must indicate this on their applications.

! The standard period of time a vacancy announcement will be posted is ten 0! workdays; the

minimum period is five S! workdays. The appropriate length of time for the announcement to

remain open is dependent on the likely size of the applicant pool and the urgency of the need to fill

the vacancy. Hard-to-fill positions may be posted indefinitely with pre-established application cutoff periods. Approval of the Chief of the Staffing Unit must be obtained prior to posting a vacancy

announcement that deviates from this policy. Closing dates for the submission of applications will

be strictly followed.

! Vacancy amouncements must be uploaded into the division's file in the FBI's Automated Case

Support ACS! system within one day of the opening date of the posting. Vacancy announcements

for positions open to applicants outside the FBI i.e., other federal and/or all-source applicants!

must be posted on the OPM's website, USAJobs, by FBIHQ human resources personnel.

 8! To ensure that all applicants for employment and advancement receive fair and equitable

consideration, it is important to consistently adhere to published requirements e. g., minimum

qualifications, KSAs, opening and closing dates!. Changes made to significant portions of the

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announcement after it has opened must be published in the form of an amended vacancy

announcement.

 9! All applicants must meet specialized experience requirements within 30 days of the closing date

of the announcement. Copies of relevant documents, such as SF-50s, DD-214s, college transcripts,

performance appraisals, and/or any additional required documentation must be received in the

Stafng Unit by the closing date of the announcement. Ofcial college transcripts may be required

before nal approval of selection.! Applications for which all required documentation is not

received by the closing date of the announcement will not receive further consideration, except in

unusual circumstances.

7-6.3 Measuring Rating Factors See MAOP, Part 1, 7-6.4.!

Qualied candidates are to be evaluated in accordance with their relative demonstration of

possession of the KSAOs for a position. To determine the extent to which the candidates possess

the KSAOs, the selection process uses a combination of a training and experience evaluation, a

structured interview, and/or written, performance or work simulation tests or exercises. Unless

specific measures have been approved and mandated for use by the Personnel Officer to ll a

specific position, it is the responsibility of the Selecting Official to determine which measures will

be appropriate for each selection by following the guidance in this plan. When federal and allsource candidates are being considered for a position, care must be taken to ensure that all are

evaluated according to the same measures.

7-6.3.1 Tests Formerly 7-7.2.4.! See also MAOP, Part 1, 7-4.3.!

Only written, performance or work simulation tests or exercises previously approved by the

Personnel Ofcer may be used as part of the selection procedures for a position. Approved tests

include the following:

 l! The official FBI typing performance test must be used to measure typing speed and accuracy for

positions that require a qualified typist, including positions with parenthetical "Typing" or "Data

Transcriber" in the official title.

! The Police Officer Selection System must be used to measure specic KSAOs for the Police

Ofcer position. ! The Clerical Selection Battery CSB! must be used to measure specic

KSAOs of all-source candidates for specic clerical positions.

! Language aptitude a.nd/or ability tests must be used for the Language Specialist position s!.

As positions change in terms of duties and responsibilities or as studies are completed for existing

positions, new assessment tools will be approved for use and appropriate publicity afforded. Once

approved by the Personnel Ofcer and disseminated, the use of specic assessment tools is

generally mandatory.

7-6.3.2 Training and Experience Formerly 7-7.2.1.!

! The training and experience measure is a self- reported description of accomplishments relevant

to KSAOs required for a job. Typically, the information provided by the candidate focuses on

training, education and prior work experience.

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! To evaluate the information provided on the applications, a crediting plan must be developed

before the position is posted. The crediting plan may be generic or job specific. The candidate must

meet all the requirements for a level to receive the associated points on the generic crediting plan

listed below:

OUTSTANDING - 5 points

Candidate has performed the duties of this position requiring this KSA e.g., through temporary

promotion or detail!, or has had advanced education/training directly related to this KSA.

Experience, education and training indicate he/she can perform the functions of this position

requiring this KSA immediately, with only minimum indoctrination.

ACCEPTABLE - 3 points

Candidate has performed duties related to the duties of this position requiring this KSA or has had

education/training in a eld generally related to this KSA. Experience, education and training

indicate he/she shows potential to perform the functions of this position requiring this KSA after

acquiring additional formal education/training or more than six months of on-the-job experience.

LIMITED - 1 point

Candidate has performed duties generally related to the duties of this position requiring this KSA

but evidence reects this performance is at an apprentice/trainee level; education/training reects

the ability to learn aspects of this KSA. Experience, education and training indicate he/she would

require extensive formal education/training or on-the-job experience to acquire full possession of

this KSA.

UNACCEPTABLE - 0 points

Fails to meet the Limited level.

! A job specific crediting plan is accomplished by describing education, training and experience

examples for each KSAO at different levels, i.e., Outstanding, Acceptable, Limited, and

Unsatisfactory. For example, if a position requires that candidate s! demonstrate an "ability to use

regulatory material," the crediting plan might include general definitions for the levels of

performance such as:

Outstanding - 5 points INTERPRETS regulatory material;

Acceptable - 3 points APPLIES regulatory material;

Limited - 1 point COLLECTS regulatory material; and

Unsatisfactory - O points DOES NOT USE regulatory material.

Each KSAO in the application is evaluated by comparing the past education, training, and

experience of the candidate with the crediting plan and assigning a rating. A crediting plan ensures

that each candidate is evaluated consistently against the same education, training and experience

examples.

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7-6.3.3 Interview Formerly 7-7.2.5.!

 l! The interview measure is a structured means of orally collecting information concerning a

candidate's possession of knowledge, skills, abilities or other characteristics needed for acceptable

job performance. The interview focuses on what the candidate has done in the past that can be used

to predict his or her future behavior. There are four general types of interview questions:

 a! TRAINING AND EDUCATION questions assess the KSAOs by probing an individual's

training or educational background and are used primarily to solicit information regarding the

relevance of the applicant's training or education to the position.

 b! JOB KNOWLEDGE questions focus on an individual's knowledge of one or more job-related

areas. This type of question is most useful to assess the specific knowledge level that is required for

the job, ensure the applicant understands and is knowledgeable about a specific topic, and to obtain

information about an applicant's knowledge of current technology, state-of-the-art methods, etc.

 c! EXPERIENCE questions are asked to solicit KSAO information from the job experiences an

individual has had.

 d! PERSONAL CHARACTERISTICS questions assess KSAOs, such as interpersonal skills, that

do not fit in other categories such as interpersonal skills. These questions are tailored to solicit

perfonnances in work and nonwork situations to demonstrate examples of specific KSAOs.

! The interview must be structured in terms of the behaviors and responses to be observed, the

evaluation standards to be applied, and the procedures for conducting the interview session. The

interview should be structured so that information to be obtained is well defined. Interviewers must

take special care to record responses in a consistent manner and not ask questions which violate

equal employment opportunity lawsor protections offered under the Rehabilitation Act and the

Age Discrimination in Employment Act.

! Each interview question must be designed to obtain useful information to allow for a

measurement of a specific KSAO required for selection. The questions should be geared to obtain

the same depth, scope and kinds of information from each candidate. A crediting plan must be

established for each interview question at different levels, i.e., Outstanding, Acceptable, and

Limited. The crediting plan must be developed at the same time as the questions are developed and

in advance of the actual interview and serves asa gauge by which a candidate is compared and

evaluated. Each candidate must be evaluated on his/her responses to the interview questions.

Additional follow-up questions may be asked until the interviewer s! has obtained enough

information to rate the response to the question.

! When an interview is part of the selection procedures, the top scorers from the training and

evaluation and/or test measure s! may be selected for interview. The interviewer, or each career

board member, must record the responses to the questions and rate the response by using the

standards previously developed for the position. Responses should be rated immediately following

each interview. If the interview is conducted by the career board, the responses must be rated

independently and then discussed to reach a consensus rating. If a consensus is not possible, the

scores may be averaged to determine the candidate's final score for the interview. The career board

members are responsible for recording their ratings and the reasons for same.

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7-6.4 Selection Process

For some positions, e.g., Police Officer and Language Specialist, set procedures are specically

defined by the Personnel Officer and must be followed as published. For all other positions covered

by this policy, the following steps are to be taken. At the rst stage, applicants must be screened to

determine if they meet minimum qualications. Next the rating factors are evaluated through the

selection tools described in MAOP, Part 1, 7-6.3. Candidates are then grouped according to the

scores achieved and in the case of all-source candidates, by veterans preference category!. A

selection is a made, and a request for approval of that selection is forwarded to the Personnel

Ofcer. These stagesare accomplished by a Career Board, Qualications Review Board QRB!, or

Selecting Ofcial, depending on the position to be lled, as described below.

7-6.4.1 Selecting Official Formerly 7-7.1.2.!

The Selecting Official is responsible for ensuring that the competitive process is conducted in

accordance with merit principles. The Selecting Ofcial is generally encouraged to use a career

board and/ orQualifications Review Board to perform a part of the selection process, for the reasons

described below, but may choose tocomplete the rating process personally where the

circumstances warrant. However the process is completed, the selection recommendation must be

made by the Selecting Ofcial and then be reviewed and approved by the Personnel Officer.

7-6.4.2 Career Boards and Qualifications Review Boards Formerly in 7-7.1.1 and 7-

7.1.3.!

A career board andf or Qualications Review Board QRB! is a group of threeto ve individuals

formed to evaluate and rate candidates KSAOs. For most competitive selections, a career board or

QRB provides credibility to the faimess and impartiality of the selection process. A career board

provides a panel assessment of the candidates overall qualifications, offering the Selecting Ofcial

the benet of a group of subject matter experts; a QRB provides in-depth assessment of the

technical qualications of candidates for professional and/or technical positions. The Selecting

Ofcial may choose to use either, both, or neither, depending on the nature of the position being

lled. Neither a career board nor a QRB is required for competitive actions if the Selecting Ofcial

can ensure fair and impartial selection decisions without same.

All career board and QRB deliberations must be recorded and maintained as part of the selection

le. Someone trained in stafng procedures may serve as an advisor to the career board or QRB.

! CAREER BOARD: The Selecting Ofcial is responsible for convening the members of the

career board. This board is composed of experienced support and/ or Special Agent personnel who

are familiar with the qualications required for the position. Career board members are to be

selected carefully and trained in evaluation procedures. Every career board member and nonvoting

observer should be at least one grade higher than the position unless it is documented by a signed

statement from the individual that he/ she will not be in competition for the position. In this case,

the member can be the same grade. The career board should include minority representation,

whenever possible, either as a voting member s! or as a nonvoting observer s!. The Selecting

Ofcial must not be a voting member. In ofces where circumstances may cause bias to be

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introduced or perceived in the process, a career board composed of employees from other offices

may be formed.

Prior to any career board deliberations of individual candidates, career board members must be

familiar with the merit principles contained in this plan, the KSAOs of the position and how they

are being measured, a.nd the crediting plan a.nd how it is to be applied in the specific evaluation.

Once evaluations have started, no changes to the membership of the career board can be made,

unless a.n exception is requested from and approved by the Stafng Unit, Administrative Services

Division.

! QUALIFICATIONS REVIEW BOARD QRB!: A QRB evaluates only the technical

qualications of the candidates for professional and/or technical positions. A QRB is composed of

individuals who are expert in, or have signicant knowledge of, the discipline or occupational

category of the position being lled. This is normally used for professional and/or technical

positions. QRB members must be familiar with the qualications required for the vacant position

and the provisions of the Merit Promotion and Placement Plan. Members are to be at least one

grade higher than the vacant position, unless it is documented that the member will not be in

competition for the position, then he/she may be the same grade. QRB members are to be selected

carefully and trained in evaluation procedures. The results of the QRB process are forwarded to the

Selecting Official who may make a selection decision at that point or may convene a career board

to complete the evaluation process if he/ she determines that additional assessment is necessary.

7-6.4.3 Selection of Candidate s! Formerly in 7-6.4.4, 7-6.4.5, and 7-7!

! Following initial screening, all applications and answers to KSAs must be evaluated by using

the crediting plan developed for the position. If this responsibility has been delegated to a career

board or QRB, evaluations must be made independently by each member and then discussed at the

career board/QRB meeting to reach a consensus rating. If a consensus is not possible, the scores

may be averaged to determine the candidate's final score for the interview. When the vacant

position s! does not require KSAs, the selection process will be based on testing and interview

scores.

! For federal candidates, the following procedures should be used to develop a group of best

qualied candidates.

 a! When an interview is part of the selection procedures, the top scorers from the above measure s!

may be selected for interview. The interviewer, or each career board member, must record the

responses to the questions and rate the response by using the standards previously developed for the

position. Responses should be rated immediately following each interview. If the interview is

conducted by the career board, the responses must be rated independently and then discussed to

reach a consensus rating. If a consensus is not possible, the scores may be averaged to determine

the candidate's nal score for the interview. The career board members are responsible for

recording their ratings and the reasons for same.

 b! A "best qualied" group of federal candidates is reached when all measures have been

completed i.e., training and experience evaluation and/or interview!. Scores from each measure

should be combined to obtain a nal score. The "best qualied" group consists of those candidates

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whose scores are signicantly higher than the majority of the candidates, and who are, for all

intents and purposes, equally well qualified.

! For all-source candidates, an All-Source Certificate is developed rather than a best qualied

group. There are two options for establishing the Certificate:

 a! Conduct interviews of ALL minimally-qualied candidates so that the combined interview and

KSA scores a.nd vetera.ns preference category will be used to establish the All-Source Certicate;

OR

 b! Select candidates based on KSA scores and veterans preference category, with no interview

 e. g., when the number of candidates makes interviewing all minimally qualied candidates

unreasonable!. When this option is chosen, the Selecting Ofcial may then interview the three

highest-ranked candidates Rule of 3! to assist in making a selection decision, if desired.

! Only certied human resource personnel can adjudicate veterans preference and construct an

All-Source Certicate. The Selecting Official must advise the designated human resource

representative of his/her preference from ! a! or ! b!, above. The designated representative will

then adjudicate veterans preference and provide the selecting ofcial with the top three candidates

for selection Rule of 3!.

 a! Evaluation scores used to establish an All-Source Certicate KSA or KSA/ interview! must be

converted to a 100-point scale.

 b! Candidates are placed on the All-Source Certicate according to their veterans preference

category and final scores, as specied in Title 5, Code of Federal Regulations CFR!, Part 302,

Subpart C. Any deviation from the above procedures for all-source candidates must be approved by

the Personnel Ofcer and documented in accordance with Title 5, CFR, Part 302.

! The Selecting Ofcial may choose any candidate from the list of best qualied federal

candidates, inasmuch as these candidates are determined to be, for all intents and purposes, equally

well qualied or the Selecting Ofcial may select from among the Rule of 3 all-source candidates!

in accordance with Title 5, CFR, Part 302.401. Neither the federal list nor the All-Source

Certicate has preference; the Selecting Ofcial may choose from either. If there are multiple

vacancies, the Selecting Ofcial may select from either or both lists.

7-6.4.4 Revised and Moved to 7-6.4.3 Formerly 7-8.!

7-6.4.5 Revised and Moved to 7-6.4.3 Formerly 7-9.!

7-6.5 Notification of Results Formerly 7-11.!

! The Selecting Ofcial has 45 days from the date the list s! of minimally qualied candidates

was issued to make a selection, unless a.n extension is requested from and approved by the Staffing

Unit, Administrative Services Division.

! The vacancy announcement may be canceled at any time by the Selecting Ofcial, who is then

responsible for submitting appropriate documentation to the Personnel Ofcer as to the reason s!.

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! Additional selections may be made from a properly established best qualied list or All-Source

Certicate within 90 days of the date the original minimally qualied list was issued, provided the

positions to be lled have the same title, series and grade, are in the same area of consideration as

the position announced, and the qualication requirements are the same.

! Following selection of a candidate for a position and approval by the Personnel Ofcer, the

results must be communicated by an ofcial communication announcing the selection which is

uploaded into the division's le in the FBIs Automated Case Support ACS! system. A decision not

to make a selection must be communicated through the same mechanism. Subject to the direction

of the head of ofce, this information may also be posted on a centrally located ofce bulletin

board.

! Any candidate shall, upon specic request, be advised whether he or she met the minimum

qualication standards for the position. When not otherwise prohibited, the candidate may be

provided with his/her total score on each measure but may not be informed of specific ratings or

scores received by other candidates, or permitted to review the crediting plans, interview questions

or any testing materials.

7-6.6 Release of Candidates Formerly 7-12.!

! Any FBI candidate selected as a result of a competitive stafng action must be released from

his/her current position on a timely basis. Personnel actions will be effective the date the employee

reports to his/her new assignment except when the personnel action results in a change of pay, in

which case the effective date must coincide with the beginning of a pay period.

 a! If the new assignment is within the selected candidate's local commuting area and includes a

promotion, the candidate must report to his/her new assignment within two weeks following the

approval of his/her selection by the Personnel Ofcer or designee!.

 b! If the new assignment is within the selected candidate's local commuting area and does not

include a promotion, the candidate must report to his/her new assignment within 30 days following

the approval of his/her selection by the Personnel Ofcer or designee!.

 c! If the new assignment requires thatthe candidate relocate to a different commuting area, the

employee has 90 days in which to report to the new duty station from the date of his/her transfer

letter. Where possible, the report date should coincide with the beginning of a pay period.

 d! Employees may be released to perform the duties of the new position prior to receiving ofcial

approval by the Personnel Ofcer; however, the selected individual must be advised that permanent

assignment is contingent upon obtaining this nal approval.

 e! Selecting Ofcials may need to coordinate a return of the employee for a minimal period after

the action is effective to complete an unnished project or other critical work.

! The ofcial request for the release of an employee selected to ll a vacancy at FBIHQ and/or

the selection of a candidate from outside the FBI will be made only by the Personnel Ofcer or

his/her designated representative.

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7-6.7 Maintenance of Records and Privacy Safeguards Formerly 7-13.1 and 7-13.2!

 See MAOP, Part 1, 22-5.3 ! and 22-5.6 5! d!; Part 2, 2-4.5.23 7!.!

Selection files must be maintained in such a manner that all steps of the staffing action can be

reconstructed. Each eld office and FBIHQ division will be responsible for the maintenance of its

selectionfiles, which must be secured in a location s! with limited access. The location and

eligibility for access is to be determined by the division/office head. Selection records must be

safeguarded and released only to authorized persons, such as the head of office/division, EEO

investigator, or Inspector. A release form must be completed indicating that the original selection

file is being provided and must be retumed to that location. The selection file may be destroyed five

! years after Personnel Officer approval of the final selection by the Selecting Official, or after

final adjudication of any litigation, whichever is later. Any electronic copies of the selection

documentation that are created on electronic mail and word processing systems, and used solely to

generate arecordkeeping copy for the actualselectionfile, may be destroyed within 60 daysafter

the recordkeeping copy has been produced. All time limits for filing of a grievance, complaint, or

appeal must have expired prior to destruction. Any selectionfile which is the subject of litigation

will be retained for the purposes of litigation, regardless of the length of time. Contents of the

selection file must include:

! A copy of the vacancy amouncement.

! Names of all applicants and the applications received from each.

! Names of candidates who met minimum qualifications.

! Copies of all best-qualified lists and All-Source Certicates generated for the SelectingOfficial,

including which candidates received veterans preference points.

! Results of any written, performance or work simulation test or exercise.

! Training and experience crediting plan,signed evaluations, and the score given on each rating

factor for each candidate.

! If an interview is used, namesof candidates who were selectedfor same.

 8! Interview questions, crediting plan,notes of SelectingOfficial or career board members, signed

evaluations, and the score given for each candidate.

 9! Names, titles and grades of all individuals involved in evaluation of candidates qualifications;

information on any non- voting members/ observers; and a statement from any member/observer

who is the same grade as the vacancy that he/ she will not compete for this position in the near

future.

0! Any document formalizing selection i.e., copy of SF-52 or other formal memoranda!.

1! A copy of the communication that was uploaded into ACS announcing the selection results

and copies, if any, of communications sent to advisethose candidates not selected.

2! Recordings of all career board and Qualifications Review Board QRB! deliberations, clearly

labeled with the date, position, and vacancy number.

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7-7 GRIEVANCE PROCEDURES Formerly 7-14.! See also MAOP, Part 1, 14-7.!

! The FBI's policy is toadminister a personnel program that promotes good

employee/management relationships. The success of any organization depends on the condence of

its employees that their questions, concerns or dissatisfactions will receive a timely and

constructive response, as well as fair and equal treatment. This section defines certain

responsibilities regarding the grievance process with regard to actions covered by the Merit

Promotion and Placement Plan and sets forth employee rights in that process.

! An employee who believes that merit principles as set forth in this plan have not been followed

has a right to present a grievance to the appropriate management official s! for prompt and

equitable consideration, with freedom from restraint and without fear of reprisal, coercion, or

interference. The employee should discuss with the Selecting Official any matter of concern or

dissatisfaction regarding a particular selection action and should attempt to resolve the problem s!

prior to filing a grievance. This informal resolution step should be followed prior to submission of a

grievance to the Personnel Officer.

! The Selecting Officials should ascertain all pertinent information bearing upon each grievance

or potential grievance being brought to his/her attention.

! There are certain matters which are not appropriate for the grievance procedure. The following

matters are EXCLUDED from this procedure:

 a! nonselection for promotion or reassignment from a group of candidates deemed best qualified in

accordance with the procedures described within this plan;

 b! failure to receive a noncompetitive promotion;

 c! an action at the expiration of a temporary or time-limited promotion which retums an employee

to his/her former position at the former grade, or to a different position of equivalent grade and pay,

from which the employee was temporarily promoted; and

 d! an action taken in accordance with the terms of a formal agreement voluntarily entered into by

an employee, such as the assignment of an employee from one geographical location to another.

! A grievance concerning a particular act or occurrence should be presented in writing not later

than 15 calendar days after the date of the act or occurrence, or not later than 15 calendar days after

the date on which the employee leamed of the act or occurrence. Within the FBI, such grievances

are to be submitted only to the Personnel Officer. The Personnel Officer will determine the

appropriate organizational level for resolution.

! Provisions for redress arealso available through the Equal Employment Opportunity EEO!

complaint system for employees who believe they have been discriminated against on the basis of

race, color, religion, sex, sexual orientation, parental status, national origin, age, physical or mental

disability, or reprisal. However, the employee must contact an EEO Counselor within 45 calendar

days of the action in question if he or she believes the action is a result of discrimination on any of

the foregoing bases. Failure to contact an EEO Counselor within 45 calendar days of the alleged

discriminatory action will result in forfeiture of the complainant's right to pursue a claim of

discrimination.

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7-7.1 Priority Consideration

! Priority consideration will be given to employees who failed to receive proper consideration in

a competitive action. If it is determined that an employee was improperly denied inclusion on a

referral list of qualied candidates under the Merit Promotion and Placement Plan, or was not

selected solely because of nonmerit factors, the employee will be afforded one priority

consideration for the next appropriate vacancy. The "next appropriate" vacancy is defined as one

which meets all of the following conditions:

 a! A similar type of position in the same pay system as the position for which the candidate failed

to receive proper consideration; and

 b! A position for which the candidate had indicated interest; and

 c! A position for which the candidate is highly qualified.

! Priority consideration is given in advance of the referral process and the employee is entitled to

consideration but there is no "entitlement" to selection. Employees entitled to priority consideration

should continue to apply for all positions for Which they desire competitive consideration.

! Decisions to grant priority consideration must be approved by or originate with the Personnel

Officer.

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7-7.1.1 Revised & Moved to 7-6.4.2

7-7.1.2 Deleted

7-7.1.3 Revised & Moved to 7-6.4.2

7-7.2 Deleted

7-7.2.1 Revised & Moved to 7-6.3.2

7-7.2.2 Deleted

7-7.2.3 Revised & Moved to 7-4.1

7-7.2.4 Revised - See 7-4.3 & 7-6.3.1

7-7.2.5 Revised & Moved to 7-6.3.3

7-8 REVISED & MOVED TO 7-6.4.4

7-9 REVISED & MOVED TO 7-6.4.5

7-10 REVISED & MOVED TO 7-4.4

7-10.1 Deleted

7-11 REVISED & MOVED TO 7-6.5

7-12 REVISED & MOVED TO 7-6.6

7-13 DELETED

7-13.1 Revised & Moved to 7-6.7

7-13.2 Moved to 7-6.7

7-14 REVISED & MOVED TO 7-7

7-15 DELETED

7-16 DELETED

7-16.1 Deleted

7-16.2 Deleted

7-16.3 Deleted

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7-16.4 Deleted

7-17 DELETED

7-18 TERM PROMOTIONS FOR SUPPORT PERSONNEL

At management discretion a vacant position may be lled by the term or temporary promotion of a

qualied and eligible employee. A term promotion is a promotion of an employee to a higher grade

level for a dened period of time to handle a specic assignment, project or duties and

responsibilities which can be accomplished Within that time frame. Competitive selection

procedures must be employed to select an individual for a term promotion. When a position is lled

by a term promotion, unless otherwise specied in the announcement which advertised the vacant

position, the employee will be returned to his/her permanent grade at the conclusion of the term or,

Where circumstances Warrant to a position above his/her permanent grade level for which he/she is

qualied. The duration of a terrn promotion may be set by a division/ofce head With the

concurrence of the Personnel Ofcer for any period of time not less than 120 days or more than

three years duration. A term promotion may be extended by the Personnel Officer in one-year

increments, for a maximum period, to include extension s!, not to exceed ve years.

7-19 TEMPORARY PROMOTIONS FOR SUPPORT PERSONNEL

! A temporary promotion is a nonpermanent promotion of an employee to a higher grade position

for a specied period of time, not less than 60 days nor more than one year in duration. If the

assignment and, therefore, the temporary promotion is expected to equal or exceed 120 days

duration, competitive selection procedures, consistent with the Merit Promotion and Placement

Plan for Support and Service Personnel, must be employed. Any posting or advertisement of a

temporary promotion must include a statement that a temporary promotion assignment may be

ended at any time at the discretion of management. Unless otherwise specied in the announcement

which advertised the vacant position, at the conclusion of the temporary promotion the employee

must be returned to his/her permanent position or, Where circumstances warrant, to a position at or

above his/her permanent grade level for which he/ she is qualied.

! The duration of a temporary promotion may be set by a division/ofce head with the

concurrence of the Personnel Ofcer for a period of not less than 60 days. Temporary promotions

may be extended by the Personnel Ofcer for an additional period s! of 60- day increments. The

maximum period of a temporary promotion, to include any period of extension s!, Will not exceed

one year.

7-20 SUPPORT PERSONNEL ASSIGNMENTS TO NONFOREIGN DIVISIONS OUTSIDE

THE CONTINENTAL UNITED STATES CONUS!

! Support vacancies at nonforeign divisions outside CONUS are lled as permanent assignments.

To be eligible for authorized relocation expenses, the individual selected must agree to remain in

the service of the government for a specied period of service not more than three ! years from

the effective date of transfer. If the individual fails to complete at least 12 months of the service

agreement, he/she must repay the relocation expenses incurred to transfer the individual to the

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nonforeign assignment. If the individual fails to complete the entire agreed-upon period of service,

the individual is also not eligible for return transfer benets.

! If an employee assigned to a nonforeign division desires to transfer to CONUS, the employee

has two options:

 a! compete for a position, or

 b! pursue a transfer utilizing established transfer policy, as found in MAOP, Part l, ll- l7.

Transfers to CONUS will not be approved merely based on a request for transfer. If the employee

pursues a no-cost transfer, travel and transportation expenses will be allowed, but may not exceed

the amount which would have been allowed to retum the employee to the old CONUS duty station.

7-21 SUPPORT PERSONNEL ASSIGNMENTS TO LEGAT OFFICES

! Support vacancies in Legat offices are lled as temporary assignments, with no time limitation

attached to the position or grade. Legat support employees may progress through the career ladder

to the GS 10 level with permanent promotions.

! All support employees selected for a Legat position are required to sign a statement specifying

their agreement to return to their prior position and grade upon completion of the Legat assignment,

unless the employee has competed and been selected for another position. This agreement must be

signed prior to reporting to the Legat assignment. Support employees reporting for a Legat position

will have their previous position encumbered. The vacated position is obligated until the

completion of the Legat assignment. This obligated position can only be filled on a temporary basis

while the employee serves in the Legat assignment. Upon completion of a Legat assignment, the

employee returns to the position and grade held in his/her previous office of assignment, unless the

employee has competed and been selected for another position. If the grade the employee returns to

is lower than the grade held in the Legat office, Highest Previous Rate HPR! will be used to set

PayLegat support employees are eligible to apply for all field office and FBIHQ vacancies.

7-22 INTELLIGENCE ANALYST INTERNAL VACANCY OFFER AND WITHDRAWAL

POLICY

! Withdrawing from Vacancies: Once a candidate has placed an application into the hiring pool

for a job vacancy or canvass, the candidate has thirty 0! days from the closing date of the vacancy

or canvass to withdraw from any job posting without a penalty.

After the 30-day period, if the candidate decides to withdraw, he/she will not be able to apply for

future vacancies www.fbij obs. gov or internal canvasses! for 180 days. If the candidate has applied

for more than one job vacancy or canvass at the time of withdrawal, he/ she will only be withdrawn

from the position specified, and will not be required to withdraw from all vacancies or canvasses

for which they may be a candidate. If the candidate withdraws from more than one l! vacancy or

canvass after the 30-day period, the 180-day penalty will start from the date of the most recent

withdrawal.

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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

A candidate may Withdraw from positions by sending an electronic communication EC! to the

Unit Chief UC!, ICMS/IPRU stating the position name, location, a.nd position number.

! Accepting/Declining Offers: If a candidate is selected for a position, the candidate has 48 hours

to accept or decline the offer via e-mail format to the Staffing Unit, Division point of contact, and

IPRU. If the candidate accepts the position, they will be removed from consideration for all other

vacancies locations!. If the candidate declines the position, they are still eligible for any position

for which they have previously applied and no selection has been made.

If the acceptance or declination of a position is not made Within 48 hours, the offer will be

rescinded and the candidate Will be removed from consideration in other locations. The candidate

Will be barred from applying for a new position for 180 days.

If a candidate declines all positions he/she applied for, he/she Will not be able to apply for future

vacancies for one ! year.

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ManlID: MAOPPI MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

ALL INFDRHATIQH CQHTAEHED

HEREIN I3 UCLA3§IFIED

DATE U22imEDD? BY EDSEA AUG E&NfCPEf3T?

| SECTION 8. |COMPENSATlON|

**EffDte: O1/27/1988 MCRT#: O Div: D3FD Cav: SecCls:

| s-1 AVAILABILITY PAY FOR CRIMINAL INVESTIGATORS | See MAOP, Part 1,

20-2s.!|

**EffDte: OB/27/2003 MCRT#: 1293 Div: D3 Gav: SecCls:

| 8-1.1 |Authority

| Availability Pay is authorized by Section 5545a of Title

| 5, United States Code and Part 550 of the Code of Federal

| Regulations.!

**EffDte: O4/O2/1996 MCRT#: 525 Div: D3 Gav: SecCls:

| 8-1.2 |Basic Requirements

Each criminal investigator whose average of unscheduled

work hours is certified to be or certified as expected to be! at

least two hours per regular workday is entitled to Availability Pay in

the amount of 25 percent of basic pay.|

**EffDte: O4/O2/1996 MCRT#: 525 Div: D3 Cav: SecCls:

| 8-1.3 |Definitions

I ! REGULAR WORKDAY is a day during the basic 40-hour

| workweek on which a Special Agent SA! performs AT LEAST FOUR HOURS of

| work that are not:

I a! unscheduled work hours,

| b! approved training time,

| c! time spent traveling under official travel

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orders, or

 d! hours of approved leave or excused absence,

including holidays.

! SA, for the purpose of this instruction, refers to

any SA or Supervisory SA in Grades GS-10 through GS-15.

! UNSCHEDULED WORK HOURS are hours not part of the 40-

hour basic workweek during which actual work is performed that has not

been scheduled in advance of the administrative workweek. To be

credited as unscheduled work hours, such hours must be in excess of

the employee's scheduled eight-hour workday or 40-hour administrative

workweek.!

**EffDte: 04/02/1996 McRT#: 525

| a-1.3.1 |De|eted|

**EffDte: 04/02/1996 McRT#: 525

| a-1.3.2 |De|eted|

**EffDte: 04/02/1996 McRT#: 525

| a-1.3.3 |Deleted|

**EffDte: 04/02/1996 McRT#: 525

Div: D3 Gav: SecCls:

Div: D3 Gav: SecCls:

Div: D3 Gav: SecCls:

Div: D3 Gav: SecCls:

| a-1.4 |Eligibility See MAOP, Part |, a-1.6.!

Within the FBI, Availability Pay applies to all FBI SAs,

i.e., employees whose positions are classified as Criminal

Investigator, GS-1811, except:

! Members of the Senior Executive Service;

! Part-time employees; and

! New Agents who have not completed new Agents training

at the FBI Academy. Availability Pay for new Agents will begin on the

first day of the first pay period after completion of new Agents

training.!

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**EffDte: O4/O2/1996 MCRT#: 525 Div: D3 Cav: SecCls:

8-1.5 Certification

 l! New Agents Within ten days of reporting to the

first duty station, whether from the FBI Academy or upon

reinstatement, a new Agent must sign an initial Availability Pay

certification. This initial certification will remain in effect until

the next annual certification cycle, at which time the new Agent will

recertify and thereafter recertify on the annual cycle. |The

original AVP certification is to be maintained in a central file in

the office. Since these certificates do not constitute permanent

records, no serialization is necessary.! See MAOP, Part l, 8-1.6.!

! All SAS Each year, each SA will recertify that he

or she has met and will continue to meet the minimum requirement for

eligibility. !The original certification will be maintained in the

office. The Personnel Policy Unit PPU!, Administrative Services

Division ASD!, should be notified by an electronic communication when

the certification process is completed.! Specific procedures for

conducting the annual certifications will be distributed by separate

instruction.

! Every effort should be made to have each employee

sign the certification within the specified deadline. However, if an

SA is unavailable to sign the required certification in the time

specified because of work requirements, extended leave, etc., written

notification must be sent by electronic communication to the Assistant

Director, |Administrative Services|Division, Attn: !PPU|. As

soon as the SA becomes available, the form must be signed and dated by

the employee and his/her supervisor and!PPU must be advised.!

! Refusal by an SA to certify as to future

availability, unless an exception is granted under MAOP, Part l,

8l.l3, may result in disciplinary action based upon insubordination

up to and including removal.

! Certifications will be kept on file inithe employee's

office|one month after the next annual certification is completed.

! A new certification will NOT be required if an SA

transfers to a different office or otherwise changes supervisors in

the middle of a certification period. The certification is deemed to

be valid for the entire certification period.

**EffDte: O5/3l/2002 MCRT#: l207 Div: D3 Cav: SecCls:

8-1.6 Payment of Availability Pay

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 l! All eligible SAs will receive Availability Pay in the

amount of 25 percent of the employee's rate of basic pay including

any applicable special salary rate, locality pay, interim geographic

adjustment for law enforcement officers, and retained pay!.

Availability Pay will be paid only for periods of time during which

the SA receives basic pay.

! Availability Pay is paid for all unscheduled work in

excess of eight hours in a workday.

! Availability Pay continues during paid periods of:

 a! excused absence such as annual, sick, military

leave, or court leave, "administrative" leave, and holidays!;

 b! officially approved training, except for initial

basic training normally given in the first year as an SA see,

Sections 8-1.4 and 8l.5 l! above!; and

 c! officially approved travel such as travel for

purposes of relocation, investigative assignments, and training!; and

 d! temporary duty outside of the SA's official

position description such as details and TDY!.

! Availability Pay is used to compute:

 a! severance pay;

 b! retirement deductions and benefits;

 c! life insurance premiums and benefits;

 d! Thrift Savings Plan contributions;

 e! workers compensation benefits;

 f! advances in pay; and

 g! lump sum payments for accrued annual leave.

! Availability Pay is subject to the biweekly

limitation on premium pay the!greater|of 150 percent of the minimum

rate payable!to!GSl5 or the rate payable for Level V of the

Executive Schedule; Title, 5, USC, Section 5547 c!! and the aggregate

limitation on pay  an employee's annual pay including base pay,

availability pay, night differential, overtime, bonuses, and awards --

may not exceed the annual rate of basic pay for Level I of the

Executive Schedule; Title 5, USC, Section 5307 a! l!.

! An SA who receives Availability Pay may also receive:

 a! Night differential for night work that is part

of the employee's regularly scheduled workweek;

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ManlID: MAO

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PPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART l

 b! Sunday pay for nonovertime hours not in excess

of eight hours for

or ends on Sunday;

authorized.

! A

compensatory time,

Code, Sections 554

each regularly scheduled tour of duty which begins

c! Holiday Pay;

d! Scheduled overtime pay, once appropriately

n SA who receives Availability Pay may NOT receive:

a! overtime pay, night differential pay,

or hazardous duty pay under Title 5, United States

2, 5543, and 5545, for UNSCHEDULED work hours;

 b! overtime pay under the Fair Labor Standards Act

 FLSA!; or

uncontrollable ove

**EffDte: 05/31/20

c! annual premium pay for administratively

rtime AUO! or regularly scheduled standby duty.

02 MCRT#: 1207 Div: D3 Gav: SecCls:

| 8-1.7 |Hours Creditable Towards the Annual Minimum Requirement

| SAs will

| requirement of two

| ! All

| beginning or after

I normally 8:15 a.m

! All I

| is the SA's regula

! Out

5, USC, Section 55

scheduled or contr

Branch. Only the

creditable. Once

 including travel

transportation to

travel in that are

travel is credited

**EffDte: 04/02/19

receive credit towards meeting the annual minimum

hours per regular workday as follows:

unscheduled hours actually worked before the

the end of the regularly scheduled workday

. to 5:00 p.m.!.

unscheduled hours actually worked on a day that

r day off normally Saturday and Sunday!;

ofarea travel time that meets the eligibility

requirements for overtime or compensatory time! payment under Title

42 b!! and Title, 5 C.F.R. 55O.112 g! -

generally travel that results from an event that could not be

olled administratively by an agency of the Executive

time the SA is actually engaged in travel is

the SA reaches the outofarea destination

from the airport or other mode of public

the office, first work site, or hotel!, any local

a will be credited in the same manner as local

at the permanent duty station. See 81.8.!|

96 MCRT#: 525 Div: D3 Cav: SecCls:

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AND PROCEDURES PART 1

| a-1.7.1 |De|eted|

**EffDte: 04/02/1996 McRT#=

| 8-1.7.2 |Deleted|

**EffDte: 04/02/1996 McRT#

| 8-1 .7.3 |Deleted|

**EffDte: 04/02/1996 McRT#

| 8-1.7.4 |Deleted|

**EffDte: 04/02/1996 McRT#

| 8-1.7.5 |Deleted|

**EffDte: 04/02/1996 McRT#

| 8-1.7.6 |Deleted|

**EffDte: 04/02/1996 McRT#

525

525

525

525

525

525

Div: D3

Div: D3

Div: D3

Div: D3

Div: D3

Div: D3

Cav

Cav

Cav

Cav

Gav

Cav

SecCls:

SecCls:

SecCls:

SecCls:

SecCls:

SecCls:

| 8-1.8 |Hours Not Creditable Towards the Annual Minimum Requirement

| SAs will NOT receive credit towards meeting the annual

I minimum requirement under the following circumstances

81.7! above.!|

! Time commuting to and from the place of business,

even if the SA is driving a government vehicle.

! Travel time that does not meet the eligibility

requirements for overtime or compensatory time! payment under

Title 5, USO Section 5542 b!! and 5 C.F.R. 550.112 g! see

**EffDte: O4/O2/1996 MCRT#: 525 Div: D3 Cav: SecCls:

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ManlID: MAOPPI MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART

| |8-1.9 Computation of Annual Minimum Hours Requirement

| To qualify

| average of a minimum

| workday. The annual

for Availability Pay, an SA must work

average is computed as follows:

an annual

of two hours of unscheduled work per regular

| _TOTAL_NUMBER_OF_UNSCHEDULED WORK HOURS greater than

| Total Number of Regular Workdays or equal

For example, an SA performs a total of 620 hours

unscheduled work in an annual period. In the same period,

works a total of 200 regular workdays i.e., days in which

excused absence, approved training, holidays, and approved

620 divided by ZOO equals 3.1. The SA performed an annual

requirement for the payment of Availability Pay.|

**EffDte: O4/O2/1996 MCRT#: 525 Div: D3 Cav:

| |8-1.10 Recording Unscheduled Work Hours

Register FD42O or FD42Oa for SAs who TURK! and in the

signin and signout times and the number of minutes of

**EffDte: O4/O2/1996 MCRT#: 525 Div: D3 Gav:

8-1.11 Failure to Meet the Annual Minimum Unscheduled Work Requirement

to 2.0

of

the SA

at least

four hours of regularly scheduled work was performed, excluding leave

travel!.

average of

3.1 hours of unscheduled work per day, thus exceeding the minimum

SecCls

UNSCHEDULED WORK will be recorded on the Attendance

Administrative Time Capture System as hours worked, i.e., showing

unscheduled work under the "AVP" column on the FD42O or FD42Oa.

 This procedure is the same as that formerly used to record AUO.!|

SecCls

 l! FBIHQ will periodically review the unscheduled work

hours of each SA to determine whether he/she will be able to meet the

requirement for an annual average of two hours unscheduled work

per regular workday. If, at the annual certification or at a time

between certifications, it becomes evident that an SA will not be able

to perform a sufficient number of unscheduled work hours to meet the

requisite annual average, immediate action will be taken to decertify

the SA and to suspend Availability Pay. In addition to

decertification, the supervisor will review the situation to determine

whether or not the shortfall has been caused by the SA's misconduct.

If the shortfall is the result of the SATs misconduct, such as

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ManlID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

insubordination in refusing to work the previously certified hours, an

adverse action may be initiated under Part 1, Section 13 of the Manual

of Administrative Operations and Procedures MAOP!.

 a! PREFERENCE ELIGIBLE Title 5, USC, Section

5545a e!O! provides that involuntary reduction in pay resulting from

a denial of certification shall be a reduction in pay for purposes of

Title 5, USC, Section 7512! pertaining to adverse actions. In

addition to the procedural protections described for nonpreference

eligible employees below, preference eligible employees are entitled

to the procedures and Merit System Protection Board MSPB! appellate

rights delineated in Part 1, Section 131O, of the MAOP with respect

to the imposition of adverse actions such as reduction in pay.

 b! NONPREFERENCE ELIGIBLE Ah SA who is nOt

preference eligible who is to be decertified for failure to meet

eligibility requirements for Availability Pay will receive the

procedural protections applicable to a reduction in pay pursuant to

Part 1, Sections 1313 and 144.2, of the MAOP. If only

decertification is proposed that is, no additional adverse action is

anticipated!, the Deputy Assistant Director Personnel Officer,

|Administrative Services Division, or his or her designee, may

determine that decertification is appropriate and may establish the

duration of the decertification. If adverse action in addition to

decertification is appropriate, the same authority who imposes the

adverse action will determine the duration of decertification.

Availability Pay will be suspended beginning the first day of the

first pay period beginning after the date of decertification.

|The|SA may appeal this determination to the Assistant Director,

|Administrative Services!Division, within 30 calendar days after the

effective date of the decertification. The appeal should include

specific information regarding the reasons why the unscheduled work

was not performed and should explain how the SA will be able to meet

the requirement by the end of the certification period. See MAOP,

Part 1, 81.12.1.!

! Failure to perform the reguired hours of unscheduled

work may result in decertification and suspension of Availability Pay

alone or in decertification plus adverse action based on

insubordination, inattention to duty, or other misconduct. The

duration of decertification may be from one pay period to one year,

depending on the circumstances and degree of the unscheduled work hour

deficit. The penalties applicable to misconduct such as

insubordination and inattention to duty are prescribed in Part 1,

13-13, of the MAOP.

! The length of an employee's suspension from receipt

of Availability Pay is an administrative determination at the

discretion of FBI management. It will be dependent upon a variety of

factors to include: the number of unscheduled work hours the SA

failed to perform during his or her period of certification;

circumstances contributing to that deficit of unscheduled work; the

SA's past record of performing unscheduled work; and other mitigating

circumstances that may be present. In situations in which an SA has

been previously decertified and/or disciplined for failure to perform

unscheduled duty, progressively more stringent disciplinary measures

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ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

may be employed. NOTE: If an SA is a preference eligible veteran,

he or she will be afforded the procedural protections attending that

status.!

! The!Administrative Services!Division will issue an

SF50, Notification of Personnel Action, documenting a suspension

 involuntary temporary termination based on misconduct! or

discontinuance voluntary temporary termination based on personal or

family hardship! of Availability Pay. The SF50 will include the

reason for the suspension or discontinuance, the effective date for

cessation of Availability Pay, and the date the suspension or

discontinuance ends.

! Suspension of Availability Pay does not relieve an SA

of the requirement to perform unscheduled work during the period of

such suspension.

! When Availability Pay is suspended as a result of an

SA's failure to perform an annual average of two hours or more of

unscheduled work per regular workday, one determinant of the length of

the period during which Availability Pay will be suspended is the

number of hours of unscheduled duty which the SA failed to perform

during the previous period of certification. To achieve eligibility

for recertification, an SA will be required to complete his or her

period of suspension AND satisfy the requirements set forth in a! and

 b! below

 a! SATISFACTION OF DEFICIT: A period of suspended

Availability Pay must continue until the SA has performed the amount

of unscheduled work which he or she failed to perform during the

previous certification period. However, the period of suspension may

exceed the period required to make up for the deficit.

EXAMPLE l: An SA worked 200 regular workdays during the previous

certification period, but performed only 300 hours of unscheduled

work, for an annual average of 1.5 hours of unscheduled duty per

regular workday 00 divided by 200 = 1.5!. Because the SA had been

previously certified as eligible for Availability Pay, he or she

received Availability Pay throughout the certification period, despite

the fact that he or she failed to satisfy the unscheduled work

requirement. The SA would have had to perform an additional l00 hours

of unscheduled duty during the certification period to satisfy the

requirement to perform an annual average of two hours of unscheduled

work per regular workday. 00 regular workdays x two hours of

unscheduled duty per regular workday = 400 hours of unscheduled duty;

400 hours of unscheduled work required  300 hours of unscheduled duty

actually worked = a deficit of l00 hours of unscheduled duty.!In

this case, the period of suspended Availability Pay MUST continue

until the SA has performed at least 100 hours of unscheduled duty

during such period.

 b! SATISFACTION OF TWOHOUR AVERAGE OF UNSCHEDULED

DUTY PER REGULAR WORKDAY: An SA who has been suspended from receipt

of Availability Pay must perform an average of two hours of

unscheduled duty per regular workday during the period of his or her

suspension to be recertified as eligible to once again receive such

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ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART l

pay. ALL UNSCHEDULED WORK performed during the period of suspended

Availability Pay will be considered in determining whether the twohour perday average has been achieved.

EXAMPLE 2: An SA was suspended from receipt of Availability Pay based

upon a deficit of lOO hours during 200 regular workdays, having

averaged l.5 hours of unscheduled work per regular workday. Within 50

regular workdays after the beginning of the suspended Availability

Pay, the SA has performed a total of lOO hours of unscheduled work.

He or she has thus satisfied the deficit requirement. Once the SA's

period of suspended Availability Pay has run and the SA has satisfied

the twohour average requirement, the SA will be eligible for

recertification and resumption of Availability Pay.

EXAMPLE 3: An SA with a deficit of lOO hours of unscheduled work

during a certification period is suspended from receipt of

Availability Pay for a period of 30 days, which includes 22 regular

workdays. During the 30-day suspension, the SA performs 75 hours of

unscheduled work. Although at the completion of the initial period of

suspension the SA has satisfied the requirement to perform an average

of two hours of unscheduled duty per regular workday, he or she has

not satisfied the requirement to perform an amount of unscheduled duty

equal to or greater than his or her prior deficit. Consequently, he

or she will not be eligible for recertification and resumption of

Availability Pay until he or she satisfies that deficit by performing

an additional 25 hours of unscheduled work.

 c! Failure to perform unscheduled

period of suspension from receipt of Availability

above may result in further disciplinary action.

work during the

Pay as required

! At the completion of the period of

review will be made to ensure that the SA has met the requirements for

recertification and resumption of Availability Pay. When the SA has

been determined to be so eligible, the SA and his or her supervisor

must again certify that the SA will perform an annual average of two

hours of unscheduled work per regular workday in accordance with the

certification procedures required by applicable instructions.

suspension, a

**EffDte: O5/31/2002 MCRT#: l207 Div: D3 Cav: SecCls:

8-1.12 Suspension of Availability Pay|

**EffDte: O4/O2/1996 MCRT#: 525 Div: D3 Cav: SecCls:

8-1.12.1 Suspension for Health or Physical Reasons

 l! If an SA is unable to perform unscheduled work for an

extended period of time for physical or health reasons, and he or she

declines to request voluntary discontinuance of Availability Pay see

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Man1ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

MAOP, Part I, 8l.l3!, payment may be suspended by the Deputy

Assistant DirectorPersonnel Officer, upon written request by the

division/office head, until the SATs physical or health problems have

improved to where unscheduled work may be resumed. Such suspensions

are considered to be involuntary reductions in pay and adverse action

procedures must be followed. See MAOP, Part I, 8l.ll, paragraphs

! a! and b! above.!

| ! Workdays in which Availability Pay has been suspended

| under this section will be excluded from the computation of the

| minimum hours requirement.

| ! The Deputy Assistant DirectorPersonnel Officer must

I be informed in writing when the SA is again available to perform

I unscheduled work and Availability Pay is to be resumed.!

**EffDte: O4/O2/1996 MCRT#: 525 Div: D3 Cav: SecCls:

| |8-1.12.2 Suspension for Alcohol-Related Misconduct See MAOP, Part I, 13-13.!

 l! Whenever an SA is suspended from operating a

government motor vehicle as a result of alcoholrelated misconduct and

following a determination of such misconduct by the Bureau, he/she

will not be considered eligible to earn premium compensation, such as

Sunday pay, holiday pay, night differential, and Availability Pay.

Prior to discontinuing eligibility for Availability Pay, the employee

will be afforded appropriate adverse action proceedings. See MAOP,

Part I, l3.l and l3O.3.!

! As the suspension of an SA's entitlement to earn

Availability Pay compensation is an adverse personnel action, it is

dependent upon completion of adverse action procedures set forth in

MAOP, Part I, 13-14. These procedures are designed to afford

employees due process as well as procedural entitlements which arise

from an employee's personnel status. For example, a preference

eligible veteran has specific procedural entitlements which are set

forth in MAOP, Part I, l3lO.|

**EffDte: O4/O2/1996 MCRT#: 525 Div: D3 Cav: SecCls:

8-1.13 Discontinuance of Availability Pay See MAOP, Part 1, 8-1.5 & 8-1.12.1.!

The statute establishing Availability Pay and the

implementing OPM regulations make payment mandatory to all criminal

investigators i.e., SAs!, except under certain limited circumstances.

The rationale for this policy is that the basic nature of a criminal

investigator's work reguires considerable amounts of unscheduled work,

often worked at the discretion of the individual without prior

approval of a supervisor. Since payment of Availability Pay is

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Man1ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

mandatory, an SA may not voluntarily decline to perform the required

unscheduled work, except as provided below.

 l! If, for a specified period of time, an SA believes he

or she will not be able to meet the eligibility requirements for

Availability Pay because of PERSONAL OR FAMILY HARDSHIP, he or she may

submit a written request to the division/office head

requesting temporary discontinuance of Availability Pay, clearly

stating the nature of the hardship that prevents him or her from

performing the required amount of unscheduled work and the specific

period of time the hardship is expected to last. The statement should

further note that the SA understands that Availability Pay will be

discontinued immediately but that this does not relieve the SA of the

obligation to perform unscheduled work as required by the SA's

assignment and/or his or her supervisor. Insubordination by refusing

to perform necessary unscheduled work may result in appropriate

disciplinary action.

! The division/office head, or his or her designee,

will approve or disapprove the request in writing, to include the

reasons for the disapproval, as appropriate. The SA may request

reconsideration of a negative determination by the Deputy Assistant

Director Personnel Officer,|Administrative Services!Division,

within l5 calendar days of the date the request was denied.

! Upon approval of a request to temporarily discontinue

Availability Pay based on hardship, the division/office head must

provide written notification to the Assistant Director,

|Administrative Services!Division, Attn: Personnel Policy Unit,!

including the nature of the hardship, the date the Availability Pay

should be terminated ordinarily at the beginning of a pay period!,

and the date the hardship is expected to end.

! If an SA is granted a discontinuation of Availability

Pay based on hardship, he or she and his/her supervisor may at any

time thereafter certify his or her availability, at which time

Availability Pay will commence. Notification to reinstitute

Availability Pay must be sent to the!Administrative Services!

Division immediately. If, at the completion of the approved period of

discontinuance, a hardship still exists, the SA may request an

extension for another specified period, following the procedures

outlined in paragraphs ! through ! above.

**EffDte: O5/31/2002 MCRT#: 1207 Div: D3 Cav: SecCls:

8-2 OTHER TYPES OF PREMIUM PAY

Premium compensation on an annual basis for Availability

Pay AVP! is in lieu of all other types of premium pay except for

scheduled overtime approved by the|Executive Assistant Director for

Administration or higherlevel FBI official,|night and Sunday

work, and holiday duty under certain conditions. By law and

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supplemental regulations, Agents receiving premium overtime

compensation AVP! are precluded from being granted compensatory

leave.

**EffDte: O5/31/2002 MCRT#: 1200 Div: D3 Cav: SecCls:

8-2.1 Overtime Pay and Compensatory Time: Fair Labor Standards Act FLSA!

or Title 5, Code of Federal Regulations

! Authority: This manual citation serves as a guide to

employees, managers, and supervisors regarding the approval and

earning of overtime and compensatory time within the FBI. Regulatory

authority regarding overtime and compensatory time is contained in

Title 5, Code of Federal Regulations  CFR!, Part 550 for ELSA exempt

employees and Part 551 for FLSA nonexempt employees. Case law,

Comptroller General decisions, and direction provided by the Office of

Personnel Management offer supplemental information and interpretation

of the overtime and compensatory time provisions contained in 5 CFR.

! Determination of Exempt or Nonexempt:

 a! Employees are exempt or nonexempt from coverage

under the ELSA based on the primary duties of their positions. ELSA

designations of exempt or nonexempt determine the amount and/or type

of overtime compensation paid to employees for work in excess of eight

hours in a day with the exception of employees assigned to

alternative work schedules who have regularly scheduled shifts in

excess of eight 8! hours in a day! or 40 hours in a week.

 b! Exemption Categories: The following four

categories define the nature of work considered exempt from the ELSA.

The nature of the work then determines the positions and employees

exempt from the FLSA.

1. Executive: Positions such as supervisors,

foremen, or managers at any organizational level that have authority

to recommend or suggest most types of personnel actions such as

selections, promotions, and performance ratings; exercise discretion

and independent judgment in areas like work planning, organization,

and assignment; and devote at least 80 percent of time in a workweek

to such functions.

2. Administrative: Positions that affect the

formulation or execution of management programs or policies; or

involve management or business functions supporting services of

substantial importance to the organization. Work is intellectual and

varied in nature or of a specialized or technical nature that reguires

considerable special training, experience, and knowledge. Discretion

and independent judgment are exercised in the performance of work and

supervision is general in nature. Such work is performed for at least

SO percent of time in a workweek. Administrative positions are

generally exempt at grades GS-9 and above.

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Manl-ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

3. Professional: Positions that require

training that meet the requirements for a bachelor's or

with major study in or pertinent to the specialized

field of work performed. Work performed is intellectual and varied in

nature and performed under general supervision. Professional

positions are generally exempt at grades GS-9 and above.

education and

higher degree

4. Foreign Exemption Criteria: Applies to

permanent positions stationed in foreign locations.

 c! Federal Wage System FWS! employees are generally

nonexempt with the exception of those meeting the executive exemption

category in b! 1. above.

 d! Special Agent SA! employees are exempt from the

FLSA. Also refer to Part 1, 8-2.1.1, of this manual for additional

procedures relevant to requesting, approving, scheduling, and paying

of overtime for SAs.!

 e! Employees FLSA status may be determined by

referring to the Standard Form 5O-B, Notification of Personnel Action,

item 35. Employees may also check at the top of their Attendance

Registers to determine exempt or nonexempt status.

! Payment for Overtime Worked:

 a! FLSA Exempt: Overtime pay|for employees whose

rate of basic pay exceeds GS-1O, step 1, will be the greater of !

one and onehalf .5! times the minimum hourly rate of basic pay for

grade-1O i.e., GS-10, step 1!, including any applicable special

salary rate, locality rate of pay, or special pay adjustment for law

enforcement officers, or ! the employee's own hourly rate of basic

pay, including any applicable special salary rate, locality rate of

pay, or special pay adjustment for law enforcement officers.! Exempt

employees will be paid in 15-minute increments. However, exempt

employees may at their own volition decide to work additional hours

without payment for such overtime.

 b! FLSA Nonexempt: Overtime is paid at one and

one-half times employees hourly regular rates of pay, including

locality-based comparability pay. Nonexempt employees must be paid

for all time worked whether that work has been approved or "suffered

and permitted." Suffered and permitted means work performed by

employees for the benefit of the FBI, whether requested or not,

provided the employees supervisors knew or had reason to believe that

the work was being performed and had an opportunity to prevent the

work from being performed.

! Time in a Travel Status: When possible, travel should

be scheduled within employees regularly scheduled administrative

workweeks. Otherwise, there are specific criteria governing payment

of overtime to employees in travel status.

 a! FLSA Exempt: Only compensated if travel is within

employees regularly scheduled administrative workweeks and working

SENSITIVE

14
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ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

hours. Exempt employees may also be compensated for travel if it

involves the performance of actual work while traveling such as

accompanying a prisoner!, is incident to travel that involves the

performance of work while traveling such as mail couriers driving

vehicles!, is carried out under such arduous and unusual conditions

that the travel is inseparable from work such as travel by unusual

modes of transportation, travel over harsh terrain, or the like!, or

results from an event which could not be scheduled or controlled

administratively by the government such as training provided by a

private vendor for individuals inside and outside the government!.

These exceptions are very narrowly construed and will rarely apply to

FBI employees.

 b! FLSA Nonexempt: In addition to travel provisions

for exempt employees, nonexempt employees are compensated if travel

falls within their regular working hours on regular workdays or

regular days off!, employees are reguired to drive a vehicle or

perform other work while traveling, employees are required to travel

as passengers on oneday assignments away from their official duty

stations, or employees are required to travel as passengers on an

overnight assignment away from their official duty stations during

hours on nonworkdays that correspond to their regular working hours.

 c! HometoWork Commute: For both exempt and

nonexempt employees, normal travel to and from work is not

compensable. In addition, when employees travel directly from home to

a temporary duty location, the time employees would have spent in

normal travel from home to their official duty stations is deducted

from any overtime that is paid for travel purposes. Regulations

permit establishment of a radius of not greater than 50 miles to

determine whether employees travel is within or outside employees

official duty stations for determining entitlement to overtime pay.

 d! Time Waiting for Common Carriers: Time waiting

for transportation with common carriers such as airlines, trains, and

buses! is generally not compensable for either exempt or nonexempt

employees unless such time occurs during employees regular working

hours.

! Time Spent in Training or Attending a Lecture, Meeting,

or Conference:

 a! FLSA Exempt: Overtime compensation for time spent

for the above purposes is generally not permissible. Availability Pay

for SAs will continue during periods of FBI sanctioned training except

for New Agent Training.

 b! FLSA Nonexempt: Overtime compensation for time

spent in apprenticeship or other entry level training is not

permissible. Other training including attendance at lectures,

meetings, or conferences in which employees are directed to

participate by the FBI and where the purpose of such training is to

improve employees performance of the duties and responsibilities in

their current positions may be compensable as overtime when

accomplished outside the employees regularly scheduled administrative

workweeks.

SENSITIVE

I5
SENSITIVE

ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART l

 c! Scheduling Training: Where feasible, governmentsponsored training should be scheduled to allow for travel during

employees regular workweeks. Agencies, however, have discretionary

authority to determine when it is impractical to schedule training to

meet such requirements and, thus, require travel outside employees

regular workweeks.

! Callback Overtime Work: For both FLSA exempt and

nonexempt employees, irregular or occasional overtime work performed

by employees on days when work was not scheduled or for which

employees are required to return to their place of employment will be

compensated for a minimum of two ! hours of such overtime work.

This does not apply to exempt employees who voluntarily decide to work

outside their regularly scheduled workweeks.

! Compensatory Time Off in Lieu of Overtime Pay:

 a! FLSA Exempt: Employees whose rates of basic pay,

including localitybased pay adjustments, exceed GS-10, step IO, may

be compensated for overtime work with an equivalent amount of

compensatory time off. Otherwise, the FBI may grant compensatory time

off in lieu of overtime pay only if requested in writing by exempt

employees. If compensatory time off is not used within the time limit

fixed by the FBI, the employees entitlement to the compensatory time

off or overtime pay is forfeited unless failure to take the

compensatory time off is due to an exigency of the service beyond

employees control and employees time off was officially cancelled in

writing.

 b! FLSA Nonexempt: Nonexempt employees may be paid

for overtime work with compensatory time off but only if requested in

writing by employees. Supervisors may never directly or indirectly

intimidate, threaten, or coerce nonexempt employees to accept

compensatory time off in lieu of pay for overtime hours worked. If

compensatory time off is not used within the time limit fixed by the

FBI, employees must be paid at the overtime rate in effect when the

compensatory time was earned.

 c! Form FDBl3, Compensatory Time Request: This form

may be used for the purposes of requesting and approving the earning

of compensatory time.

 d! Other Information on Compensatory Time: The FBIs

LEAVE POLICY MANUAL should be consulted for other information relevant

to the approval and use of compensatory time including hours, if any,

which may be carried over at the end of the leave year. Supplemental

information concerning the earning and use of compensatory time may be

provided when necessary to cover emergency or other special

situations.

 B! Approval to Work Overtime: All overtime work is to be

approved and scheduled in writing by supervisors and managers granted

such authority. Division and office heads may delegate the authority

to approve support employees overtime work to supervisors and

managers, as desired, in consonance with policies of their divisions

SENSITIVE

I6
SENSITIVE

ManlID: MAOPPI MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

and offices. Overtime for SAs must be approved by the Executive

Assistant Director for Administration or higherlevel

 refer to Part l, 82.l.l, of this manual!.

FBI official

 9! Responsibilities: Managers and supervisors are

expected to judiciously monitor the approval and use of overtime

 including compensatory time off! and to be aware of the basic rules

governing overtime work and compensation for overtime

federal government.

**EffDte: O3/28/2005 MCRT#: I381 Div: D3 Cav:

| 8-2.1.1 Scheduled Overtime SOT! for Law Enforcement Officers Special Agents

 SAs!! | See MAOP, Part 1, s-2.1.!|

!

greater of one

GS-10, Step l,

hourly rate of base pay, including any localitybased

pay, of the employee. All overtime for the FBI's SAs

I in advance, through the appropriate chain of command,

| Assistant Director for Administration or higherlevel

scheduled in writing and communicated to the affected

work within the

SecCls:

SAs qualifying for overtime are compensated at the

and onehalf times the basic hourly rate for grade

including any localitybased comparability pay, or the

comparability

must be approved

by the!Executive

FBI official,|

employee s! in

advance of the administrative workweek in which the overtime is to be

performed.

! Each SOT request must be submitted in writing, through

the chain of command, to the!Executive Assistant Director for

Administration or higherlevel FBI official,|for approval as follows:

 a! Must be approved by the appropriate ADIC s!,

SAC s!, office heads and the cognizant FBIHQ divisions

| Counterintelligence Division, Criminal Investigative Division,

Laboratory Division, or other substantive FBIHQ division!.!

 b! Must be reviewed by the Finance Division FD! to

I

I Assistant Director for Administration or higherlevel

final approval.

determine the financial impact before transmittal to the|Executive

FBI officialifor

 c! Must contain specific circumstances which require

performance and payment of SOT.

 d! Must contain an explanation of why the use of

unscheduled work compensated by Availability Pay AVP! and/or

increased staffing to cover the required work assignment is

insufficient.

! Financial Issues

 a! Impact: Sufficient detail must be provided in a

request to enable the FD to develop an estimate of the cost of the

SENSITIVE

I7
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ManlID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

SOT. To develop such an estimate, the FD must have the number of SAs,

the grades of the personnel to be assigned, the duty station of record

for the personnel to be scheduled/assigned, and the expected duration

of the assignment. Note: Personnel on Temporary Duty are

compensated for overtime purposes based upon their duty station of

record, not their temporary assignment.!

 b! Biweekly limitation on earnings: SAs approved for

receipt of SOT are subject to the biweekly limitation on receipt of

premium pay. Earnings which are comprised of basic pay, plus premium

pay AVP, SOT, Night Differential, Sunday Pay, and Holiday Pay! are

limited to the biweekly limitation of premium pay. For SAs, the

biweekly limitation is the lesser of 150 percent of the rate for

GS-15, Step 1 including locality pay! or the rate of Executive

Level V.

 c! Method of computation: The overtime hourly rate

for SOT, applicable to SAs, is the greater of one and onehalf times

the hourly rate for GS10, Step 1 including locality pay! or the

employee's regular hourly rate including locality pay!.

 d! Role of the FD: FD must provide the financial

impact of any proposed use of SOT to the|Executive Assistant Director

for Administration or higherlevel official!prior to!his/her!review of

the reguest.

! Factors to be satisfied before approval of SOT:

 a! A substantial number of SAs are to be scheduled.

 b! A written schedule must be formulated and

presented to the affected employee s! in advance of the administrative

workweek. An administrative workweek for most SAs begins on Sunday at

12:01 a.mJ and runs through midnight on the following Saturday. Thus,

the schedule must be established, and communicated in writing to

affected SAs, prior to midnight on Saturday, at the beginning of the

workweek. OTHERWISE, SA PERSONNEL WOULD NOT BE ELIGIBLE FOR

COMPENSATION FOR ANY APPROVED SOT PERFORMED IN THE FOLLOWING SEVENDAY

PERIOD.

 c! By statute, the first two hours of extra duty

performed by an SA on any REGULAR WORKDAY on which he/she has been

scheduled for SOT are credited as time which must be compensated by

Availability Pay AVP! rather than SOT.

SAs must be scheduled for more than 10 hours per

regular workday i.e., eight hours regular duty and two hours AVP!.

SAs routinely work a fiveday workweek. Each of the five days is

considered a REGULAR workday. The two remaining days of the week are

considered REGULAR DAYS OFF RDOs!. SOT worked by an SA on an RDO is

treated differently for compensation purposes than SOT performed on a

REGULAR workday.

EXAMPLE A: An SA is scheduled on a regular

workday from 8:15 a.m. to 5:00 p.mJ The SA is also scheduled for four

hours of SOT. The SOT was approved by the!Executive Assistant

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18
SENSITIVE

ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART l

Director for Administration or higherlevel official,92scheduled

in writing, and presented to the employee in advance of the

administrative workweek. Therefore, the SA is scheduled for a total

of l2 hours including 45 minutes for a meal break!

performed on a regular workday, the SA will be paid

his/her regular rate of compensation. In addition,

credited for the four hours of SOT as follows: two

fulfill the daily AVP reguirement, and two hours of

EXAMPLE B: An SA is scheduled in advance of

shift on Saturday;

Director for

schedule written, and

administrative workweek.

administrative workweek to perform a l2hour

has been approved by the92Executive Assistant

Administration or higherlevel official,|the

presented to the employee, in advance of the

Since work was

for eight hours at

the SA will be

hours of AVP, to

overtime.

the

SOT

However, Saturday is NOT a regular workday for the SA. The SA

will then be credited with l2 hours of SOT for the shift worked on

that Saturday. The first two hours of extra duty on that Saturday

will NOT be treated as AVP work hours, because the hours do not

occur on the SA's regular workday.

EXAMPLE C: An SA's administrative workweek begins

on Sunday and ends the following Saturday. The SA is instructed on

Monday to perform four hours of additional work on Tuesday of the

same workweek. Tuesday is one of the SATs regular workdays, and the

SA works from 7:15 a.m. to 8:00 p.m. to cover the four hours. As the

SA was not scheduled for the additional hours in advance of the

administrative workweek, the SA will not receive any SOT compensation.

Instead, the entire period of extra duty on Tuesday will be credited

as AVP hours.

! SOT may be considered in circumstances in which there

is an expectation that the emergency reguirement can reasonably be

expected to extend for two weeks or more.

! Events in which SOT is authorized should be relatively

rare and limited to those situations in which:

 a! It is not practicable to use sufficient

investigative resources to fulfill the reguirement without the use of

SOT.

 b! It is imperative that there is a rapid or

otherwise positive resolution to the event because of its notoriety or

impact upon the public.

 c! In most instances, the investigation involves an

immediate or impending threat to life or property or national security

 e.g., bombings, hostage or siege situations!.

! Example: A major case has received approval for SOT

through the chain of command from the92Executive Assistant Director for

Administration or higherlevel FBI officiallon Thursday,

August|22, 2002.| The first regular administrative workweek, after

approval of SOT for which work can be scheduled in advance began on

Sunday, August9225, 2002.! In accordance with FBI policy, SA John Doe

was provided the following written work schedule on

SENSITIVE

19

Saturday, August
SENSITIVE

Man1ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

I24, 2002.| Note that the schedule includes a 45-minute meal break each

day.

DAY DATE

Sunday August9225,

Monday August9226,

Tuesday 92August

Wednesday 92August

Thursday 92August

Friday 92August

Saturday 92August

The actual hours worked by

AVP and SOT are shown below. Note: Time and attendance personnel

entering time capture information must be provided written work

schedules by appropriate supervisory personnel for all SAs claiming

SOT to ensure that records for these SAs clearly state whether AVP or

SOT is claimed.

DAY DATE

Sun. Aug.

Mon. Aug.

Tues. 92Aug.

Wed. 92Aug.

Thurs. 92Aug.

Fri. 92Aug.

Sat. 92Aug.

Mi

M

27,

28,

29,

30,

31, 2002|

2002|

2002|

2002|
SENSITIVE

ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

**EffDte: O5/31/2002 MCRT#: l2OO Div: D3 Cav: SecCls:

I |8-2.1.2 Fair Labor Standards Act FLSA! Claims Procedures

An employee may file a claim with the FBI or Office of

Personnel Management OPM! at any time challenging the correctness of

his or her FLSA exemption status determination. An employee may also

file an FLSA claim concerning his or her entitlement to overtime pay

for work performed under the FLSA; however, time limits apply. All

FLSA claims filed on or after June 30, 1994, are subject to a twoyear

statute of limitations three years for willful violations, see

definition below!.

I ! Definitions:

 a! Claim: Means a written allegation from a current

or former employee concerning his or her FLSA exemption status

determination or entitlement to overtime pay for work performed under

FLSA.

I b! Claim period: Means the time during which the

I cause or basis for the claim occurred.

I c! Claimant: Means a current or former employee who

I files an FLSA claim.

I d! Preserve the claim period: Means to establish the

I period of possible entitlement to back pay by filing a written claim

I with either the FBI or the OPM.

I e! Statute of limitations: Means the time frame

I within which an PLSA pay claim must be filed, starting from the date

I the right accrued.

I f! Willful violation: Means a violation in

I circumstances where the FBI knew that its conduct was prohibited by

I the FLSA or showed reckless disregard of the requirements of the FLSA.

I ! Preserving the Claim Period

The claimant or his or her representative may preserve

the claim by submitting a written claim to the Position Management

Unit PMU!, Administrative Services Division ASD!, FBIHQ, during the

claim period. The date the PMU receives the claim is the date that

determines the period of possible entitlement to back pay. The PMU

will provide written acknowledgment of receipt of the claim. All

decisions will be approved by the Personnel Officer, Personnel

Management Branch, ASD, and sent to the employee or the employee's

representative.

I ! Designating a Representative

SENSITIVE

21
SENSITIVE

ManlID: MAOPPI MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

A claimant may designate a representative to assist him

or her in preparing or presenting a claim. The claimant must

designate the representative in writing. A representative may

participate in FBI interviews unless specifically reguested to

by the FBI. The FBI may disallow an employee's representative

a federal employee in any of the following circumstances:

not

do so

who is

 a! When the individual's activities as a

representative would cause a conflict of interest or position;

 b! When the designated representative cannot be

released from his or her official duties because of the priority needs

of the FBI; or

 c! When the release of the designated representative

would give rise to unreasonable costs to the FBI.

! Information that must be included in a claim

 a! Employee's representative, if any;

claim and the

including the

 b! A description of the nature of the

specific issues or incidents giving rise to the claim,

time period covered by the claim;

! Evidence which supports the claim;

 d! The remedy sought by the employee;

 Q!

or has not filed an

A statement from the employee that he or she has

action in an appropriate United States court; and

 f! Any other information that the employee believes

the ASD should consider.

The claimant or the claimant's designated representative must provide

any additional information reguested by the ASD within I5 workdays

after the reguest is made. The disclosure of information by an

employee who files a claim is voluntary. However, the ASD may not be

able to render a decision without the reguested information. In such

case, the claim will be cancelled without further action being taken

by the ASD.

! Claim Confidentiality

If the claimant wishes the claim to be treated

confidentially, the claim must specifically state that the identity of

the claimant not be revealed. Witnesses or other sources may also

request confidentiality. Every effort will be made to maintain

confidentiality. If the ASD is unable to obtain sufficient

information to render a decision and preserve the requested

confidentiality, the ASD will notify the claimant that the claim will

be cancelled with no further action by the ASD unless the claimant

voluntarily provides written authorization for his or her name to be

revealed.

SENSITIVE

22
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ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART l

! The Claims Process Internal FBI!

The type of claim filed will dictate the decisionmaking process as noted below. See item ! for information regarding

filing a claim directly with the OPM.

 a! If an employee is challenging the correctness of

his or her exemption status and/or entitlement to overtime pay and the

employee is currently exempt:

Step l: PMU conducts the initial review.

Step 2: If PMU disagrees with

recommendation is forwarded to

final decision. Go to step 6.

Step 3: If PMU agrees with

recommendation is forwarded

final decision.

to

Step 4: The final decision is

the action.

the employee, then a written

the Personnel Officer, PMB, ASD, for a

the employee's claim, then a written

the Personnel Officer, PMB, ASD, for a

forwarded to STAFU for processing of

Step 5: The STAFU will forward a copy of the decision to Finance

Division for determination of back pay entitlement.

Step 6: A written decision is

representative.

forwarded to the employee or his or her

 b! If an employee is challenging the correctness of

his or her exemption status and/or entitlement to overtime pay and the

employee is currently nonexempt

Step l: PMU conducts the initial review.

Step 2: If PMU disagrees with

recommendation is forwarded to

final decision. Go to step 6.

Step 3: If PMU agrees with the

recommendation is forwarded to

final decision.

Step 4: The final decision is

the action.

the employee, then a written

the Personnel Officer, PMB, ASD, for a

employee's claim, then a written

the Personnel Officer, PMB, ASD, for a

forwarded to STAFU for processing of

Step 5: The STAFU will forward a copy of the decision to the Finance

Division, along with a request

Step 6: A written decision is

representative.

for waiver of overpayment.

forwarded to the employee or his or her

! Filing a Claim Directly with the Office of Personnel

Management OPM!

SENSITIVE

23
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ManlID: MAOPPI MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

An employee may also file a claim with the OPM during the claim

period. However, an employee cannot file a claim simultaneously with

the FBI and OPM. An employee also has the right to bring an action in

an appropriate United States court. Filing a claim with the FBI or

with OPM does not satisfy the statute of limitations governing FLSA

claims filed in court. The FBI will not decide an FLSA claim that is

in litigation.

It is a matter of personal discretion as to whether an employee files

a claim with the FBI first and then the OPM. A claimant who receives

an unfavorable determination from the FBI may still file the claim

with the OPM. However, a claimant may not file the claim with the FBI

after an unfavorable decision from the OPM. An OPM decision on a

claim is final and is not subject to further administrative review.|

**EffDte: 05/31/2002 MCRT#: 1200 Div: D3 Cav: SecCls:

8-2.2 Night Differential Pay

If any of the regularly scheduled basic workweek falls

between 6:00 p.m. and 6:00 a.m., the employee will be eligible for

such hours not in excess of eight hours for night differential pay

which is at the rate of 10 percent of the basic hourly rate, including

any applicable localitybased comparability payment of the individual.

To gualify for night differential pay, the work must be duly

authorized in advance and scheduled to recur on successive days or

after specified intervals such as one designated day over a period of

weeks. Night differential pay may be claimed when an employee is

substituting for another employee on leave who was regularly scheduled

to work during the regularly scheduled night differential period.

 Refer to Part 1, 8-6, of this manual regarding Wage Board employees.

**EffDte: l0/3l/2000 MCRT#: l034 Div: D3 Cav: SecCls:

8-2.3 Sunday Differential Pay

An employee is eligible for Sunday differential pay if the

regularly scheduled basic workweek includes Sunday as one of the

official five workdays. Compensation will be at the rate of 25

percent of the basic hourly rate, including any localitybased

comparability payment of the individual, not in excess of eight hours

for the tour of duty.

**EffDte: l2/04/1997 MCRT#: 785 Div: D3FD Cav: SecCls:

SENSITIVE

24
SENSITIVE

ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

8-2.4 Holiday Pay

An!employee|may also receive additional compensation if

assigned to duty on an official holiday, which falls within the

|employee's|basic administrative workweek, at the rate of|the basic

hourly rate, including any applicable localitybased comparability

payment of the individual. Employees!on call or on standby on a

holiday would not receive holiday pay unless actually called in to

work and then only for work performed during their official working

hours. An|employee!who is assigned or ordered to duty on a holiday

entitled to receive at least two hours of holiday pay but not more

than eight hours of such compensation. No new permanent oddhour

shifts which would involve premium compensation should be set up or

holiday pay claimed without advance FBIHQ approval. Should an

emergency situation arise requiring prompt assignment of|employees!

a holiday, the SAC has the authority to utilize the necessary

personnel and in these cases, because it is an emergency situation,

the!employees!working will receive holiday pay up to eight hours even

if the hours worked fall outside of their normal working hours. See

Part II, l2.4.4, of this manual, for listing of legal holidays.!

is

on

**EffDte: l0/l9/1993 MCRT#: l22 Div: D3 Gav: SecCls:

8-3 EMERGENCY DUTY IN EXCESS OF REGULAR WORKDAY

Where necessary for Agent to work through all or most of

night because of emergency, division head may administratively change

Agent's official workday. Division head should judiciously decide

each case in light of Bureau's interest compared with Agent's physical

wellbeing. However, in administering this, each day from l2 midnight

must be considered as a unit for purposes of computing regular

eighthour shift and overtime. Any exceptions must be approved by

FBIHQ.

|The following examples illustrate scheduling of SAs for emergency

duty.

 l! !An SA whose regular hours are 8:15 a.m. to 5:00 p.m.,

Monday through Friday, reports for duty at 7:00 a.m. on that day and

because of emergency duty, works straight through except for normal

meal breaks! until 8:00 a.m. the next day. The SA may be considered

as having worked the regular shift from midnight to 8:00 a.m. on the

second day and, therefore, will not be required to work regular hours

 8:l5 a.m. to 5:00 p.m.! on the second day. Any additional time

worked during the course of the two days, may be claimed as

Availability Pay AVP!. However, the extra duty was not approved as

scheduled overtime and may not be claimed for overtime pay purposes.!

! !An SA whose regular work hours are 8:l5 a.m. to 5:00

p.m., Monday through Friday, reports for duty at 7:15 a.m. one day;

guits work at 6:00 p.m. on the same day. The SA then returns to duty

SENSITIVE

25
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

at 11:00 p.m. because of emergency duty; works through to 5:00 a.m.

the next day; takes a break for sleep; returns to work at 1:00 p.m.

and works through until 6:00 p.m. The first day of work will be

computed as follows: Regular duty from 8:15 a.m. to 5:00 p.m. and

three hours of AVP :15 to 8:15 a.m., 5:00 to 6:00 p.m. and 11:00 to

12:00 p.mJ!. On the second day, the SA may be credited with five

hours of regular time from 12:01 a.m. to 5:00 a.m. and three

additional hours of regular time from 1:00 to 4:00 p.m. for a regular

shift of eight hours. The additional time on the second day may be

counted as AVP but not as scheduled overtime as overtime was not

approved.92

**EffDte: 01/21/1999 MCRT#: 847 Div: D3 Gav: SecCls:

3-4 WORKLOAD

Division head has continuing responsibility to insure

eguitable sharing of workload by Agents. FBIHQ insists that all

division heads carry out this obligation completely and regularly.

**EffDte: 01/27/1988 MCRT#: 0 Div: D3 Cav: SecCls:

8-5 SPECIAL AGENT WEEKEND DUTY ASSIGNMENTS

SACs have the discretion to utilize Agents or gualified

support personnel for duty during regular office hours on nonworkdays.

When an Agent comes up for such duty assignment, the workweek is to be

administratively changed, to allow the individual to have another day

off to replace the normal day off of either Saturday or Sunday, as the

case may be. In the case of the Saturday duty assignment, the

workweek of the Agent, for that particular week, is to be Tuesday

through Saturday with normal days off in that week of Sunday and

Monday. In the case of Sunday duty Agents, the workweek for that

particular week will be Sunday through Thursday, with normal days off

of Friday and Saturday. Should any of these official hours fall

between 6:00 p.m. and 6:00 a.m. the individual will be entitled to

related night differential pay, and if on Sunday to not over eight

hours of Sunday differential pay. No new work shifts involving such

additional premium pay are to be established without prior FBIHQ

approval. Duty schedules should be established well in advance, in

order that individuals concerned may be aware of their

responsibilities, and make any necessary adjustments. Such weekend

duty assignments are to be rotated among the Agent staff of the

office.

**EffDte: 01/27/1988 MCRT#: 0 Div: D3 Cav: SecCls:

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26
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8-6 WAGE BOARD EMPLOYEES See MAOP, Part 1, 8-2.2, 20-7.1.!

Wage Board employees do not come under the Compensation

Act; therefore, the following regulations governing Wage Board

employees must be borne in mind:

 l! Deleted!

! Deleted!

! All work in excess of eight hours per day or 40 hours

per week must be compensated for at one and onehalf times the regular

rate. An exception is permitted under the Federal Employees Flexible

and Compressed Work Schedules Act of l982. See MAOP, Part l, 2O7.l &

2O7.2, Flexible and Alternate Work Schedules AWS!, and Part 2,

l2.4.2.

! An SF52 should be submitted to FBIHQ whenever an

employee changes shifts so that appropriate salary adjustments can be

made. The following items should be completed:

 a! Part A Items l, 3, 5, and 6

 b! Part B Items 1, 2, 4, 14, and 22

 c! Part F advise work hours, days and total hours

employee will be working

! Wage Board employees are entitled to night

differential of 7 l/2 percent for regularly scheduled nonovertime work

when the majority of their work hours occurs between 3 p.m. and

midnight; or lO percent if the majority of their work hours occurs

between ll p.m. and 8 a.m. The night differential is paid for the

entire shift when the majority of hours, meaning a number of whole

hours greater than onehalf including meal breaks!, falls within the

specified periods.

! Deleted

**EffDte: O5/3l/2002 MCRT#: l2OO Div: D3 Cav: SecCls:

8-7 HAZARDOUS DUTY PAY ELECTRONICS TECHNICIAN!

Electronics Technician ET! employees who are required to

perform hazardous duties or duties involving physical hardship as

indicated in Title 5, Code of Federal Regulations CFR!, Part 550,

Subpart I, Appendix A, and as set forth below, are entitled to

additional compensation. Those duties are:

 l! Exposure to Hazardous Weather or Terrain

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 a! Work in rough and remote terrain. When working

on cliffs, narrow ledges, or near vertical mountainous slopes where a

loss of footing would result in serious injury or death, or when

working in areas where there is danger of rock falls or avalanches.

 b! Traveling under hazardous conditions.

1. When travel over secondary or unimproved

roads to isolated mountaintop installations is required at night, or

under adverse weather conditions such as snow, rain, or fog! which

limits visibility to less than lOO feet, when there is danger of rock,

mud, or snow slides.

2. When travel in the wintertime, either on

foot or by means of vehicle, over secondary or unimproved roads or

snow trails, in sparsely settled or isolated areas to isolated

installations is required when there is danger of avalanches, or

during "whiteout" phenomenon which limits visibility to less than l0

feet.

3. When work or travel in sparsely settled or

isolated areas results in exposure to temperatures and/or wind

velocity shown to be of considerable danger or very great danger see

Windchill Chart, Title 5, CFR, Part 550, Subpart I, Appendix A-1!, and

shelter other than temporary shelter! or assistance is not readily

available.

! Height Work

Working on any structure of at least 5O feet above

the base level, ground, deck, floor, roof, etc., under open

conditions, if the structure is unstable or if scaffolding guards or

other suitable protective facilities are not used, or if performed

under adverse conditions, such as snow, sleet, ice on walking

surfaces, darkness, lightning, steady rain, or high wind velocity.

It is generally expected that above duties under ! and ! will be

performed only by the more experienced ETs and only on an irregular or

intermittent basis. The rate of compensation is 25 percent of base

pay for all hours in a pay status on the day in which the duties are

performed.

The SAC must notify FBI Headguarters!ET Program Manager's Office!of

hazardous duties performed, by!electronic communication EC!. EC|is

to include information relative to: the nature of the work performed

and how this work meets Title 5, CFR, Part 550, Subpart I, Appendix A

criteria; reason s! why work could not be delayed until more favorable

conditions existed; and the employee's pay and duty status for the day

in which the work was performed tourofduty, overtime, leavewithoutpay, hazardousduty time, etc.!. If it is determined that the

ETs are performing hazardous duties that are not contained in Appendix

A, efforts should be made to include these activities in the

Appendix, pursuant to Title 5, CFR, Section 550.903 b!.

**EffDte: l2/l6/2002 MCRT#: l249 Div: D3 Cav: SecCls:

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ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

8-8 WITHIN-GRADE INCREASES WIGI!

A WIGI is a onestep increase within a salary grade and is

based on length of service and performance at an acceptable level of

competence. Within the FBI, the "acceptable level of competence"

requires performance!rated!at the|Meets Expectations!level as set

forth in a performance plan. A!Quality Step Increase QSI!!may be

considered and awarded in recognition of sustained performance which

substantially exceeds normal requirements and gives promise of

continuing at that same high level.

**EffDte: O5/3l/2002 MCRT#: l207 Div: D3 Cav: SecCls:

8-8.1 Waiting Period

 l! The waiting period for employees in steps one three

of a grade is 52 calendar weeks; for those in steps four  six, lO4

weeks; and for those in steps seven nine, 156 weeks.

! Qualityistep increasesido not change the date for

consideration for the next regular WIGI increase except in those cases

where the quality increase places the employee in Step 4 where the

waiting period changes to two years! or Step 7 where the waiting

period changes to three years!. In these instances, the employee must

serve an additional year before becoming eligible to be considered for

a WIGI. However, employee must receive an overall rating of

|Meets Expectationsibefore he/she may be considered for a guality step

increase. | See MAOP, Part l, 5l4 !.!|

**EffDte: O5/3l/2002 MCRT#: l207 Div: D3 Cav: SecCls:

8-8.2 Effect of Leave Without Pay LWOP!

If more than ten days of LWOP for each year of the waiting

period are used, the effective date of the WIGI is delayed for the

amount of time which exceeds the ten days. For example, if l5 days of

LWOP are taken when the pertinent waiting period is one year, the WIGI

would be delayed for one pay period because of the five days taken in

excess of the maximum allowable ten days.

**EffDte: O2/28/1991 MCRT#: O Div: D3 Gav: SecCls:

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29
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ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

8-8.3 Effective Date

WIGIs are effective at the beginning of the next pay

period following completion of the required waiting period providing

employee's performance is at an acceptable level of competence.

**EffDte: O2/28/1991 MCRT#: O Div: D3 Cav: SecCls:

8-8.4 Performance Requirements

 l! To be entitled to a WIGI, an employee's performance

must be at an acceptable level of competence ALOC! and performance

appraisal is the basis for determining if an employee is performing at

an ALOC. In the absence of unusual circumstances, employees must

achieve the Meets Expectations level to be performing at an ALOC.

! |The rating of record used as the basis for an ALOC

determination for a WIGI must have been assigned no earlier than the

most recently completed appraisal period.!

! An employee whose overall performance during the

waiting period is at the Does Not Meet Expectations level is not

performing at an ALOC.

! If the level of an employee's most recent appraisal

does not support the rating official's decision to grant or withhold a

WIGI, he/she must submit a current Performance Appraisal Report to

justify granting or withholding the WIGI to the Performance,

Recognition and Awards Unit, Administrative Services Division.

! If at any time during the employee's waiting period

it becomes evident that his/her performance is below the Meets

Expectations level, the rating official must advise the employee that,

in the absence of performance improvement, his/her WIGI may be denied

and that he/she may be in jeopardy of reassignment, reduction in

grade or removal. See MAOP, Part l, 5-4.7 for details regarding

consequences of performance rated below the Meets Expectations level.!

**EffDte: O8/Ol/2003 MCRT#: l294 Div: D3 Cav: SecCls:

8-8.5 Notice of ALOC Determination

! Approximately!9O dayslbefore the completion of the

waiting period, the head of the office will receivela listing of

employees who are|eligible for WIGI consideration!to be disseminated

to the appropriate supervisors. If an employee on the list is

performing at the Meets Expectations level, no action will be

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30
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ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART l

necessary on the part of the employee's supervisor. However, if an

employee is performing at the Does Not Meet Expectations level, the

Performance, Recognition and Awards Unit should be notified. A

representative from the Performance, Recognition and Awards Unit will

offer the supervisor advice and assistance as needed.!

! Positive determinations are confirmed in writing when

the employee receives his/her Standard Form 5OB, Notification of

Personnel Action, regarding the granting of his/her WIGI.

! If a negative determination is reached based on

failure to meet the performance appraisal criteria, the employee is

informed of this by a written communication from the Personnel Officer

advising of the denial of the WIGI, the reason for the negative

determination and his/her right to request reconsideration of the

determination.

**EffDte: O2/l4/2003 MCRT#: l258 Div: D3 Cav: SecCls:

8-8.6 Reconsideration of a Negative Determination See MAOP, Part 1, 1

 l! An employee may request reconsideration of the

Bureau's action by doing so in writing within 15 calendar days after

receiving the denial notification. If the denial is!sustained,|

employee may, withinO|calendar days after being so notified, appeal

in writing to the Merit Systems Protection Board| MSPB!.| The

appropriate address will be furnished to the employee in the letter

|sustaining|the denial. An employee can only appeal to the MSPB if

he/she requests internal reconsideration of the WIGI denial first.!

! FBIHQ, upon receipt of a reconsideration request,

will establish a reconsideration file and proceed with the

reconsideration in accordance with 5 CFR 531.410 and Bureau policy.

! The division head or SAC may reconsider a WIGI at any

time after the denial; however, barring any such recommendation, a new

ALOC determination must be made within 52 calendar weeks of the end of

the waiting period to which the negative determination applied. !An

appraisal at the Meets Expectations level constitutes!demonstrated

sustained performance at an|ALOC. The performance appraisal will not

automatically generate a WIGI; therefore, the rating official must

submit a written recommendation to grant the WIGI based on the

appraisal at the Meets Expectations level. However, if the

performance is still at the Does Not Meet Expectations level, the

rating official must submit a written recommendation to deny the WIGI

based on the appraisal at the Does Not Meet Expectations level.!

**EffDte: O2/l4/2003 MCRT#: l258 Div: D3 Cav: SecCls:

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31

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SENSITIVE

ManlID: MAOPPI MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART

8-8.7 Step Increases for Federal Wage System FWS! Employees

! The waiting periods for advancement to the second,

third, fourth and fifth rates are 26 calendar weeks for creditable

service in rate one, 78 weeks of creditable service in rate two, and

lO4 weeks of creditable service in each of steps three and four.

Lithographic employees have only three steps in each grade with

waiting periods as indicated for step two and step three.

! If more than five days of LWOP are used in the

waiting period for step two, l5 days for step three, or 20 days for

steps four or five, the effective date of the increase is delayed for

the amount of time which exceeds the specific number of days.

! Performance requirements, ALOC determinations and

reconsiderations of negative determinations apply to FWS employees as

well as GS employees.

! FWS employees are not eligible for quality increases

regardless of their satisfaction of the performance appraisal

requirement.

**EffDte: O8/29/1990 MCRT#: O Div: D3 Cav: SecCls

8-9 APPLICATION OF THE HIGHEST PREVIOUS RATE HPR! RULE SETTING PAY

RATES FOR EMPLOYEES REQUESTING A CHANGE TO A LOWER GRADE I E

DEMOTION! FOR PERSONAL BENEFIT OR CONVENIENCE, AND FOR EMPLOYEES

BEING PROMOTED, REASSIGNED, OR REEMPLOYED See MAOP, Part 1, 3 1 1!!

HPR is the highest rate of basic pay previously paid to an

individual while employed in a position in a branch of the federal

government executive, legislative, or judicial!; a government

corporation, as defined in Title 5, United States Code, Chapter 1,

Section 103; the United States Postal Service or the Postal Rate

Commission; or the government of the District of Columbia if

appointed prior to October l, l987! without regard to whether the

position was subject to the General Schedule.

When an employee is demoted at the employee's request for

personal benefit or convenience, promoted, reassigned, reemployed, or

transferred i.e., from agency to agency!, federal regulations permit

the FBI to fix pay at any rate of the new grade which does not exceed

the employee's HPR. The HPR will be applied by the FBI unless an

employee is otherwise entitled to a higher rate of pay, such as under

the promotion or grade and payretention provisions of Title 5, Code

of Federal Regulations  CFR!. In the context of the HPR, "rate"

refers to an employee's highest grade and step and the salary

associated with that grade and step at the time it was earned. The

following information will be used when establishing the HPR and

setting pay.

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ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

 l! VOLUNTARY DEMOTIONS REQUESTED BY CURRENT FBI

EMPLOYEES AND PROVISIONS FOR NEW HIRES WITH PREVIOUS FEDERAL

SERVICE

 a! HPR may be based on a regular tour of duty at

any rate of basic pay received by an employee while serving under an

appointment not limited to 90 days or less, or for a continuous period

of not less than 90 days under one or more appointments without a

break in service.

 b! When the HPR falls between two steps of a grade,

the salary is set at the higher step.

 c! Pay may be set pursuant to HPR no higher than

the maximum step of the grade.

! TEMPORARY PROMOTIONS

The HPR may not be based upon a rate of pay received

in a position to which the employee was temporarily promoted for less

than one year, except upon permanent placement in a position at the

same or higher grade.  CFR Section 53l.203 d!! ii! and

Section 532.405 d!!

! APPLICATION TO SUBSEQUENT PERSONNEL ACTIONS

 a! After the initial paysetting action, the HPR

will continue to be credited on all subsequent personnel actions, such

as promotions, until reached or exceeded up to the maximum step of

each new grade!. Thereafter, normal procedures for calculating

promotions would be followed i.e., the promotion must be eguivalent

to at least a twostep increase in pay!.

 b! When pay falls between two steps of the new

grade, the higher step is used.

! DEMOTIONS FOR CAUSE

Demotion for personal cause is defined as a

"reduction in grade based on the conduct, character, or unacceptable

performance of an employee"  CFR Section 536.102!.

 a! Initial Pay Setting Action: When an employee is

demoted for cause, pay is calculated as though an employee had never

been promoted from the grade to which the employee is being demoted.

If pay falls between two steps of the new grade, the lower step is

used.

 b! Promotions after Demotion for Cause: When and

if an employee is again promoted, the employee's HPR is applied until

reached or exceeded. When the HPR falls between two steps of the new

grade, pay is set at the higher step.

 c! Pay may be set no higher than the maximum step

of the new grade.

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Manl-ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

! OTHER ITEMS

 a! Applicability: The HPR policy applies to

movement to or within General Schedule GS! and Federal Wage System

 FWS! positions.

 b! Appointments as Experts or Consultants: Pay

earned under an appointment as an expert or consultant may not be

credited for purposes of the HPR, in accordance with 5 CFR

Section 531.203 d!! i!.

 c! Crediting Previous Federal Service: To the

extent allowed by 5 CFR Section 531.202, Section 531.203, and

Section 532.405.

 d! FBIHQ Supervisory Special Agents SSAs!: An

FBIHQ GS-15 SSA who voluntarily requests assignment to a grade GS-14

field SSA position to gualify for further advancement as part of the

Executive Development and Selection Program EDSP! may receive the

greater of pay retention or the HPR. If pay retention applies, the

SSA will be entitled to onehalf of any general increase in the GS

until the basic salary established for GS-14, step 10 equals or

exceeds the SSA's retained rate of pay, at which time pay retention

terminates. If the HPR applies and pay would fall between two steps,

pay will be set at the higher step. See MAOP, Part 1, 31.1!, and

MIOG, Part 1, 67-6.8.!

 e! |Support Employees Returning from Legal Attache

 LEGAT! Assignments: If an employee serves in a LEGAT position for

the full term and received a promotion that lasted for one year or

longer, then HPR may be used to set pay. If the returning employee

takes a position that is in a lower grade than that held before going

to the LEGAT position, then either pay retention for the salary of the

preLEGAT position or HPR from the LEGAT position will be used to set

pay--the employee will receive whichever is greater. For example, if

the employee leaves a grade GS-7 position to go to a LEGAT, is

promoted to grade GS-9 in the LEGAT office, and returns to a grade

GS-6 position in a field office, that employee's pay in the grade GS-6

position will be set using either pay retention for the grade GS-7

position or HPR for the grade GS-9 position if that grade was held

for at least one year!, depending on which one will result in the

higher pay.|

 f! Leave Without Pay LWOP!: Time in a LWOP status

will be credited as time in the current grade unless the LWOP resulted

from one or more suspensions. The amount of time suspended would be

added to the eligibility time for consideration of the HPR.

 g! Locality Pay Differentials: HPR determinations

are made using base pay only. A locality pay differential may not be

used to establish the HPR. Thus, a change in the local pay area does

not affect the determination of the HPR.

 h! Other Federal Agency Pay Systems: Salary

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34
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ManlID: MAOPPI MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

received under other federal pay systems such as broad banding may be

credited as the HPR on a casebycase basis. The92Staffing Unit

 STAFU!,|Administrative Services Division ASD!, FBIHQ, will determine

whether a pay policy for these other systems provides GS equivalencies

for the pay system in question.

 i! Request for Exception to HPR: At the time of

selection, salary will be set at the HPR unless the EDSP or92STAFU,92

ASD, FBIHQ, is advised to the contrary by the head of the

division/office to which the employee is being assigned. If set at a

rate other than the HPR, the salary determination will be made in

consultation with the EDSP or|STAFU92and the head of the

division/office where the employee is being assigned; this decision,

and the reason for same, will be documented in writing via a

communication from the receiving office to the Personnel Officer,

Attention: |STAFU,92ASD, FBIHQ. 92The STAFU will coordinate processing

of these requests with the EDSP when warranted, and thelemployee will

be advised of the reason why a rate less than the HPR is being offered

via a formal communication from the92STAFU.92 The salary must be

established before the employee's entry on duty or movement to a

different position.

 j! Special Rate of Basic Pay: HPR may be based on

a special rate of pay under certain conditions cited in 5 CFR e.g.,

pursuant to 5 CFR Section 53l.203 d!! vii!!. HPR may not, however,

be based on a special rate unless " A! The special rate of pay is the

employee's current rate of basic pay; and B! An agency official

specifically designated to make such determinations finds that the

need for the services of the employee, and his or her contribution to

the program of the agency, will be greater in the position to which he

or she is being reassigned. Such determinations shall be made on a

casebycase basis, and in each case the agency shall make a written

record of its positive determination to use the special rate as an

employee's highest previous rate."

Concerning item B!, the FBI official designated to make the

determination is the Personnel Officer or his/her designee. A

communication requesting this determination must be submitted to the

Personnel Officer, Attention: 92STAFU,92ASD, FBIHQ, by the affected

employee's office to establish an employee's pay based upon his/her

HPR following the termination of a special rate of basic pay.

 k! Title Five Exemption Authority TFXA!: Special

procedures may exist where HPR would be credited differently for

employees and positions covered by the exemption authority. For an

explanation of those special procedures, see TFXA operating

guidelines.

 l! Retroactive Application: Because the personnel

actions involved are generally discretionary, there is a statutory

prohibition on applying this policy retroactively.

**EffDte: O5/3l/2002 MCRT#: l207 Div: D3 Cav: SecCls:

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ManlID: MAOPPI MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

s-9.1 |De|eted|

**EffDte: O6/lO/1994 MCRT#: 260 Div: D3 Cav: SecCls:

s-9.2 |Deleted|

**EffDte: O6/10/1994 MCRT#: 260 Div: D3 Gav: SecCls:

2-10 |DELETED|

**EffDte: O5/31/2002 MCRT#: 1207 Div: D3 Gav: SecCls:

8-11 PROMOTIONAL ALLOWANCES

**EffDte: lO/l9/1995 MCRT#: 465 Div: D3 Cav: SecCls:

8-11.1 Pay Computations

 l! When an employee is promoted from one general

schedule GS! grade to another, the pay is set at a rate in the higher

grade that will pay at least the equivalent of a twostep increase in

the grade from which promoted.

! If an employee is promoted from one grade of the

merit pay system MPS! to a higher MPS grade, the employee will

receive a rate of pay in the new grade that exceeds his/her salary in

the lower grade by 6 percent.

! An employee being promoted from one Federal Wage

System FWS! grade to a higher FWS grade will receive a rate of pay in

the higher grade that will pay at least the equivalent of a onestep

increase in the grade from which promoted.

! In general, when FWS employees are moved to jobs in

the GS, they may be paid any GS pay step up to the next highest pay

step above the rate they were making as an FWS employee.

|! When a vacant position is filled by the temporary

assignment of a qualified employee at the same or higher grade level,

there will be no effect upon that employee's permanent grade or pay

status.!

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**EffDte: O4/O4/1996 MCRT#: 528 Div: D3 Cav: SecCls:

3-12 COST-OF-LIVING ALLOWANCEIPOST DIFFERENTIAL

 l! General Schedule employees in Alaska, Hawaii, Puerto

Rico, Virgin Islands and Guam can receive a costofliving allowance

 COLA! at a rate established by the Office of Personnel Management.

Rates range from 5 percent to 25 percent and are subject to

increase/decrease based on annual comparative surveys between the

nonforeign area and Washington, D.C., area. Employees must meet

certain eligibility reguirements prior to receiving an allowance. For

example, in a given allowance area employees having purchasing

privileges in commissary and exchange facilities as a result of

current federal employment or living in housing rented from a federal

agency as a result of current federal employment may not be eligible

to receive a COLA or may receive a lower rate. Employees have the

option of not using commissary and exchange facilities and/or

government housing in order to receive a full COLA.

! Post Differential PD! is authorized to employees

assigned to the Island of Saipan Northern Mariana Islands! and Guam,

in consideration of the difference of environment when compared to

that of the States. PD is paid only to employees hired offisland as

it is specifically designed as an incentive to induce needed

categories of employees who would not otherwise be interested in

relocating to the differential area.

! |Post Differential pay may also be approved by the

Department of State for employees serving on temporary duty TDY!

assignments which involve major investigations. However, employees

are not entitled to this post differential until their 43rd day of

assignment in the TDY location and only after approval is granted by

the Department of State.!

|!! Pay resulting from the payment of a COLA or a PD, or

both, may not exceed 25 percent of the rate of basic pay. An employee

eligible for a COLA is entitled to receive the full allowance

established for the nonforeign area, first. If the COLA does

amount to 25 percent the employee may also be paid as much of the PD

as will not cause the total additional pay to exceed 25 percent of

basic pay. PD is subject to federal tax, whereas COLA is not.

not

**EffDte: Ol/2l/1999 MCRT#: 847 Div: D3 Cav: SecCls:

8-13 DANGER PAY

**EffDte: O8/O7/2003 MCRT#: l292 Div: D3 Cav: SecCls:

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37
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ManlID: MAOPPI MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

| |s-13.1 Authority

| Public Law lO7273 provides that the Secretary of State may

| not deny a request by the FBI to authorize a danger pay allowance

| under Title 5, United States Code, Section 5928 for any FBI employee.|

**EffDte: O8/O7/2003 MCRT#: I292 Div: D3 Cav: SecCls:

| |8-13.2 Basic Requirements

! Danger pay allowances may be granted because of civil

insurrection, civil war, terrorism, or wartime conditions which

threaten physical harm or imminent danger to the health and/or wellbeing of employees.

I ! They are paid in the amount of 15, 20, or 25 percent of

| basic pay for FBI employees assigned on a temporary or longterm basis

| to certain foreign posts.

| ! Danger pay may not exceed 25 percent of basic pay

| including post differential pay.!

**EffDte: OB/O7/2003 MCRT#: 1292 Div: D3 Cav: SecCls:

| |8-13.3 Recommendation Process

 l! Requests for the establishment, adjustment or

abolishment of danger pay may be submitted, in EC format, by LEGATS or

FBI components with lead investigative responsibilities to the Office

of International Operations OIO! or may originate within that Office.

! Sufficient information regarding the danger posed by

the assignment to a specific post must be submitted with the reguest.| I

I

**EffDte: OB/O7/2003 MCRT#: 1292 Div: D3 Cav: SecCls:

| |8-13.4 Composition of the Danger Pay Advisory Board DPAB!

| l! When a reguest is received, the OIO will convene a DPAB

| chaired by the Special Agent in Charge, OIO nonvoting member!.

SENSITIVE

38
SENSITIVE

ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART l

! The

I ! All

Assistant Directors ADs! of the Counterterrorism,

Counterintelligence, Criminal Investigative, Finance, and

Administrative Services Divisions will serve as members of this Board,

with the ADs of Finance and Administrative Services Divisions serving

as nonvoting members.

three voting members must vote on each danger pay

I determination but designees may act on behalf of a voting or nonvoting

I member.

I ! The

I

ADs of Finance and Administrative Services

Divisions shall ensure that danger pay allowances recommended by the

I DPAB are consistent with policy.I

**EffDte: 00/07/2003 MCRT#: 1292 Div: D3 Cav: SecCls:

I I8-13.5 Deliberations

I l! Danger pay allowances and rates will be based on the

I level of risk at foreign locations as determined by the DPAB.

I ! Countries at war will be considered for the highest

I allowances while countries where nonessential personnel and dependents

I are present will be considered for lesser amounts.I

**EffDte: O8/O7/2003 MCRT#: l292 Div: D3 Cav: SecCls:

I I8-13.6 Recommendation to the Director

! The

the establishment,

allowances for FBI

and temporary duty

DPAB will recommend to the Director, in writing,

modification, or abolishment of danger pay

employees assigned to foreign posts both longterm

assignments.!

I ! Estimated costs, developed by the OIO in conjunction

I with Finance Division, will be included with the recommendation to the

I Director.I

**EffDte: OB/O7/2003 MCRT#: l292 Div: D3 Cav: SecCls:

I I8-13.7 Effective Date

I New or modified danger pay allowances are effective on the

I date the Director or the Deputy Director approved the reguest.I

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**EffDte: 08/07/2003 MCRT#: 1292 Div: D3 Cav: SecCls:

8-13.8 Communication of Danger Pay Changes

 l! The Director will advise the Secretary of State when

authorizing danger pay in new locations.

! The Human Resources Officer will notify FBI offices of

new or modified danger pay allowances.|

**EffDte: 08/07/2003 MCRT#: 1292 Div: D3 Cav: SecCls:

8-13.9 Procedures to Arrange Payment

 l! Offices must prepare an EC to Administrative Services

Division, Attention: Staffing Unit, Room 6094, requesting danger pay

for an employee.

! In the EC, provide the name of the employee, social

security number, danger pay location, and dates of service in that

location.

! Staffing Unit will coordinate payments with the Payroll

Administration and Processing Unit, Finance Division.!

**EffDte: 08/07/2003 MCRT#: 1292 Div: D3 Gav: SecCls:

8-14| INTEREST ON BACK PAY | FORMERLY 8-13!|

! Public Law 100-202 provides for the payment of

interest on back pay awards and also applies whenever an unjustified

or unwarranted personnel action results in the withdrawal, reduction,

or denial of pay, allowances, and differentials. A particular money

amount is not withdrawn from an employee until the actual pay date on

which the employee would have received it if the unjustified or

unwarranted personnel action had not occurred. If the back pay

payment is issued within 30 days of the actual pay date, no interest

is paid. The term "unjustified or unwarranted personnel action"

includes both personnel and pay actions, as well as the omission or

failure to take an action or confer a benefit. For example, if

through an administrative error, an employee fails to receive a

withingrade increase after it has been approved by an authorized

official, the employee is entitled to receive back pay and interest.

Interest begins to accrue on the effective date of the withdrawal pay

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ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

date

days

will

will

days

of the action! if the back pay is not paid within the allotted 30

from the appropriate pay date of the action. The back pay due

be paid before the interest is calculated; however, the interest

continue to accrue until the interest accrual ends within 30

of the interest payment!. The interest paid is based on rates

established by the Secretary of the Treasury as the Interest

Overpayment Rate and is compounded daily.

! The Internal Revenue Service has issued the following

opinion on the tax treatment of interest on back pay: Interest

payments are not wages for federal income tax or the Federal Insurance

Contributions Act FICA! purposes, nor are they subject to withholding

of FICA tax. Therefore, the interest payment will not be included on

the Wage and Tax Statement Form WF2!. A Form l099INT will be issued

to employees receiving interest payments of $600 or more. A notice

will be supplied to each employee receiving interest payments for use

in filing the payment on their annual federal income tax return.

**EffDte: 01/21/1999 MCRT#: 847 Div: D3 Cav: SecCls:

8-15 SALARY ADVANCES FOR NEWLY HIRED EMPLOYEES FORMERLY 8-14!

The Federal Employees Pay Comparability Act of 1990

 FEPCA! established the authority to grant payment of salary advances

covering no more than two pay periods to newly hired employees only

after specific criteria have been met.

 l! Newly hired support employees GS-10 and above The

agency is required to provide written information concerning the

amount of the advance, all repayment options and recovery methods

before the salary advance is granted. Tn addition, the employee must

sign an agreement to repay the advance. An advance application will

be forwarded to each eligible support employee along with their

appointment letter. If a salary advance is desired, the employee will

complete the application and return it to the!Payroll Administration

and Processing Unit PAPU!,|Finance Division, for a determination of

the maximum amount that can be advanced and the repayment agreement.

After receipt of the signed agreement, the salary|advance!will be

issued to the employee after they enter on duty EOD! but before they

receive their first regular salary!payment!. The salary advance will

be repaid through payroll deduction over l3 biweekly pay periods. The

employee may repay all or part of the balance at any time.

! Newly hired support employees Grades GS-9 and below

can be advanced one salary payment in the amount of $300. The salary

advance will be repaid through payroll deduction in the amount of $25

each pay period until repaid. The first

first full pay period after the employee

will not be required to sign a repayment

advance request will be entered into the

payment will begin with the

enters on duty. An employee

agreement. The salary

Bureau Personnel Management

System during the first week of employment for newly hired field

office support employees. The salary advance request for Headquarters

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ill
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| divisions will be handled by!PAPU|personnel from the EOD class

listings.

! The unpaid balance of the salary advance at the time

of separation will be recovered by salary offset or become a debt owed

to the government.

**EffDte: 11/15/2001 MCRT#: 1155 Div: D3FD Gav: SecCls:

|a-1s |DELETED|

**EffDte: 11/15/2001 MCRT#: 1155 Div: D3FD Cav: SecCls:

| |8-17 STUDENT LOAN REPAYMENTS FOR RECRUITMENT/RETENTION

PURPOSES|

**EffDte: O5/29/2002 MCRT#: 1198 Div: D3 Cav: SecCls:

| |s-17.1 Authority

Title 5, United States Code USO!, Section 5379, and 5 Code

of Federal Regulations, Part 537, authorize repayment of certain

federally insured student loans to assist agencies when trying to

attract individuals to the federal service or to retain highly

qualified employees.!

**EffDte: O5/29/2002 MCRT#: 1198 Div: D3 Gav: SecCls:

8-17.2 Basic Requirements

! The FBI may repay all or part of an employee's

I outstanding student loan excluding late fees! up to!$10,000!per

| calendar year and a total of|$60,000!per employee!.

! This authority applies to all permanent, including

parttime, employees; term employees with at least three years left on

their appointments; temporary employees serving on appointments

leading to conversion to term or permanent appointments; and all

applicants for such positions.

! Repayments are limited to the indebtedness outstanding

at the time the employee enters into the service agreement and may be

made only on federally insured student loans that are NOT currently in

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default. The level of academic degree earned or even the lack of a

degree is not an eligibility factor.

**EffDte: O2/O4/2005 MCRT#: l37O Div: D3 Cav: SecCls:

I I8-17.3 Recommendation Process

 l! Recommendations to approve repayment of a loan should

be made at the lowest appropriate supervisory or managerial level, but

must generally be made by an official who is at a higher level than

the employee who will receive the repayment benefit. All

recommendations for payment should be submitted through the

supervisory chain, including the division or office head, for input

before submission to the approving official.

I ! Recommendations for both recruitment and retention

I purposes must include:

I Ia! an explanation of the difficulty the Bureau would

I face, in the absence of loan repayment, in filling the position with a

I highly gualified employee or retaining the highly gualified employee;

I b! the criteria used to determine the amount and

I timing of repayment;

I c! an explanation of the extent to which other

I available recruitment/retention incentives were considered or offered;

I and

I Id! verification, from the lending institution, of the

I outstanding loan balance; status of the loan, i.e., whether or not the

I loan is in default; and the lending institution's account number.

I ! Recommendations for retention repayments must

I additionally include:

I Ia! a description of the employee's high or unique

I qualifications or the special need for the employee's services;

I b! the determination that the employee would be

I likely to leave for employment outside the federal service absent the

I loan repayment; and

 c! a description of the extent to which the

employee's departure would affect the FBI's ability to carry out an

activity or perform a function that is deemed essential to its

mission.I

**EffDte: O5/29/2002 MCRT#: ll98 Div: D3 Cav: SecCls:

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| |8-17.4 Approval Process

 l! Generally, the Personnel Officer, Personnel Management

Branch, Administrative Services Division ASD!, will approve

recommendations for repayment of federally insured student loans for

nonattorney FBI applicants and employees.

 a! the approving official must be at a higher level

than both the applicant/employee seeking repayment and the

recommending official. If either of these are at the Deputy Assistant

Director level or above, the approving official will be the Assistant

Director, ASD, or such higher level official as is necessary to

satisfy this requirement.

 b! the approval authority for FBI attorney applicants

and employees will generally be the General Counsel.

! All requests for repayment of student loans will be

reviewed by the Finance Division FD!, prior to approval, to ensure

availability of funds.

! The approving official will ensure that the

applicant/employee selection process for loan repayment benefits is

consistent with the merit system principles in Title 5, USC, Section

2301, and will consider the need to maintain a balanced workforce in

which women and members of racial and ethnic minority groups are

appropriately represented.

! A determination made for recruitment purposes must be

approved before the employee enters on duty in the position.

! When determining whether a student loan should be

repaid, and the amount and timing of any such repayment, the approving

official will consider the information submitted by the recommending

official and the following factors, as applicable:

 a! the applicant's/employee's qualifications;

 b! funds available or expected to be available! for

repayment;

 c! the minimum repayment needed to ensure the

acquisition or retention of the employee's services;

 d! the success of recent efforts to recruit

candidates with qualifications similar to those possessed by the

applicant/employee or for similar positions;

 e!

for employment who,

accomplishment, can

responsibilities of

the availability in the labor market of candidates

with minimal training or disruption of mission

perform the full range of duties and

the position;

 f! the relative advantages and disadvantages for

both the FBI and the applicant/employee! of repaying student loans

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ManlID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

rather than any other recruitment or retention incentive; and

 g! the applicant's/employee's preferences with

respect to whether the payments should be spread out over more than

one tax year.!

**EffDte: O5/29/2002 MCRT#: 1198 Div: D3 Gav: SecCls:

8-17.5 Notification Procedures

 l! The approving official will notify the

applicant/employee and recommending office in writing whether the

request for repayment has been approved. If the repayment is

approved, this written notification will include the service agreement

for the applicant's/employee's signature.

! If additional loan repayment is recommended, after the

agreed period of service is completed, the employee and the office

will be notified whether or not the recommendation is approved, but

another service agreement is not required.!

**EffDte: O5/29/2002 MCRT#: ll98 Div: D3 Cav: SecCls:

8-17.6 Service Agreement

! The applicant/employee and the approving official must

enter into the service agreement which must, by federal law, provide

for not less than three years of service.

! The student loan service agreement will run

concurrently with a service agreement required for other purposes,

such as for a recruitment or relocation bonus.

! The threeyear period of service begins on the date of

the first payment.!

**EffDte: O5/29/2002 MCRT#: ll98 Div: D3 Cav: SecCls:

8-17.7 Payment Procedures

! Upon approval of the request to repay an

applicant's/employee's student loan, the FD will process the payment

in a lumpsum amount. The lumpsum payment, after applicable taxes

are deducted, will be issued to the lending institution through

electronic funds transfer.

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ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART l

! The FBI is required to apply the following on any loan

repayment:

 a! pay the employer's share of social security and

Medicare taxes;

 b! withhold and pay appropriate federal, state, and

local income tax withholding; and

 c! withhold and pay the employee's share of social

security and Medicare taxes.!

**EffDte: O5/29/2002 MCRT#: ll98 Div: D3 Gav: SecCls:

8-17.8 Repayment Requirements

 l! An employee who moves from the FBI to another DOJ

component during the term of the agreement will cease to be eligible

for loan repayments but will not be required to reimburse the FBI for

loan repayments already made. The gaining component may enter into a

new loan repayment agreement with the employee.

! If an employee voluntarily separates from the DOJ,

transfers to another federal agency, or is involuntarily separated

because of performance or misconduct before completing the agreed

period of service, the employee must reimburse the FBI for all

repayment benefits received.

! In such a case, the Payroll Administration and

Processing Unit PAPU!, FD, must be notified immediately that the

employee is separating. The PAPU, FD, will contact the employee to

arrange repayment.

! If the employee does not repay these benefits

voluntarily, the PAPU, FD, will initiate recovery of the student loan

repayment through administrative offset. If offset is initiated, the

employee will be entitled to a hearing this may be a "paper hearing"

or an oral hearing depending on the circumstances!. The right of

recovery of an employee's debt may be waived in whole or in part if a

determination is made that recovery would be against eguity and good

conscience or against the public interest.

! Any amount repaid, or recovered, from an employee will

be credited to the appropriation account from which the loan repayment

was originally paid. Any amount so credited will be merged with other

sums in that account and will be available for the same purposes and

period, and subject to the same limitations if any!, as the sums with

which merged.!

**EffDte: O5/29/2002 MCRT#: ll98 Div: D3 Cav: SecCls:

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ManlID: MAOPPl MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

| |8-17.9 Documentation Requirement

Written

student loan will

completed service

Personnel File, a

maintained in the

for review by the

documentation for each determination to

be maintained in the Staffing Unit, ASD. Since the

agreement will be filed in the employee's Official

copy of the completed service agreement will be

Staffing Unit. This documentation will be available

DOJ or Office of Personnel Management.|

repay a

**EffDte: O5/29/2002 MCRT#: 1198 Div: D3 Gav: SecCls:

8-17.10 Annual Report

 l! The Staffing Unit, ASD, will prepare an annual report

to the DOJ on the

will be submitted

Division, DOJ, no

FBI's use of the repayment authority. The reports

to the Director, Personnel Staff, Justice Management

later than November 15th of each year, covering the

preceding fiscal year.

! This report must include the following:

 a! a narrative discussion of the situations for which

repayments were made;

 b! the effectiveness of the repayment authority; and

 c! any recommendations for improving the use of the

authority in terms of both regulatory change and Department

requirements and flexibilities.

! The annual report will also include, for each employee

who received repayment benefits during the preceding fiscal year, the

following information:

 a! whether the repayment was for purposes of

recruitment or retention;

 b! amount repaid during the fiscal year before

withholding!;

 c! amounts to be repaid in future fiscal years

 before withholding!;

 d! employee's position title, job series, pay plan,

grade, and geographical area city and state, or country!; and

 e! length of the service agreement.!

**EffDte: O5/29/2002 MCRT#: ll98 Div: D3 Cav: SecCls:

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47
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ManlID: MAOPPI MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

9<~J<~k~k9<**~k~J<9:*9<+9<~J<9<~k9<>k*~J=9<9:*~!=+9:9<9<~!<~k>k*~k9< ~!9<~J<9<~J<9<~k9<>l-*~k9<9<~!<~J=~J<9.~9<9<*~k+9:~k9<+~!<~

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48
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

9:

SECTION 9. LEAVE

**EffDte: O2/28/1978 MCRT#: O Div: D3 Cav: SecCls:

ALL IEFURKATIUM CUETAIHED

HEFEIN I$ UEELA3EIFIEB

BATE GZ~2l-EBB? E? EUEE4 AUG B

9-1 LEAVE

AIJx£PBr$TP

In April, l987, a new manual, LEAVE/TIME AND ATTENDANCE

 T & A! was prepared to incorporate and update the bulk of FBI leave

policy contained in this section of MAOP and the Time and Attendance

Workguide, as well as other time and attendance instructions.

In October, l993, the LEAVE/TIME AND ATTENDANCE MANUAL was

updated, retitled the LEAVE ADMINISTRATION GUIDE, and distributed.

|Subseguent revisions in the guide have occurred with the most current

edition now entitled the LEAVE POLICY MANUAL, with a revision date of

September, l999.|

Please refer to the index of this manual and the LEAVE

IPOLICY MANUAL92for92information regarding leave matters relating to

military and other types of leave situations.92

**EffDte: 10/31/2000 MCRT#: 1034 Div: D3 Gav: SecCls:

-k-k-J:9:-J:-!<-/1<-J:-J:-k9:-J:-J:-/1<-J:-J:9<-J<-J:-/1<9<-J:-J:-/1<-J:-4:9:-J:-k-J:-J<-J:-/1<9< 9:9:-J<9<-/1<-J:-4:9:-k-k-/1<9<-J:-k-/1<-k-J:-k-J:-k-J:-k-J:-/1<9<-J:-k-/1

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I
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

SECTION 10. MILITARY AND VETERANS MATTERS

**EffDte: O2/28/1978 MCRT#: O Div: D3 Cav: SecCls:

| 10-1 INTRODUCTION | See MIOG, Part 1, 67-3.9.!|

ELL INFGHHATEQN CQNTAIEED

HEREIN I3 UNCLASSIFIED

DATE U3-El2U? E? 5632A AHC BAEKCPEEETP

Federal law confers certain rights upon exmilitary

personnel involving preference in appointment and retention, and in

regard to adverse personnel actions; as well as reinstatement rights

in their jobs following military service. The sources of the rights

as to appointment, retention, and adverse actions are the Veterans

Preference Act of 1944, as amended, and the Veterans Readjustment

Benefits Act of 1966. The source of the job reinstatement rights is

the Military Selective Service Act of l967. Any question relating to

an interpretation of the statutes or to the status or rights of

veterans or exmilitary personnel should be referred to FBTHQ.

**EffDte: O9/l6/1999 MCRT#: 919 Div: D3 Gav: SecCls:

10-2 VETERANS' COUNSELOR

| Bureau's Personnel92Division92has a veterans counselor's

office where exmilitary personnel and employees facing military

service may receive specialized advice on their problems.

**EffDte: O4/21/1994 MCRT#: 226 Div: D3 Gav: SecCls:

| 10-3 APPOINTMENT | See MIOG, Part 1, 67-9.7.16.!

Veterans are entitled to have five points added to their

scores in examinations for government jobs, or ten points if they are

disabled, provided they first make a passing grade in the

examinations. Certain close relatives of veterans sometimes can

qualify for the tenpoint preference in the veteran's stead. The type

of preference that is to be afforded veterans or close relative of

veterans is determined by FBTHQ in accordance with federal

regulations. Tn general, veterans preference entitles an applicant

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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

to preferential appointive consideration, whether or not a numerical

rating is given. For details as to how Bureau applicant registers are

maintained so as to assure the granting of appropriate veterans

preference, see MIOG, Part l, Section92672.6.92

**EffDte: O9/l6/1999 MCRT#: 919 Div: D3 Cav: SecCls:

10-4 RETENTION

A reinstated exmilitary! employee with mandatory

restoration rights has an absolute right to retention in employee's

job for six months or one year except in case of a discharge for

cause!. Whether the period is six months or one year depends on the

facts of employee's case. Veterans also have certain special rights

in any reduction in force.

**EffDte: O2/28/1978 MCRT#: O Div: D3 Cav: SecCls:

10-5 EMPLOYEES ENTERING MILITARY SERVICE

**EffDte: O2/28/1978 MCRT#: O Div: D3 Cav: SecCls:

10-5.1 Exit Interview

All employees leaving for military service are to be

interviewed by the veterans counselor or certain other supervisory

personnel at FBIHQ or by SAC in field whether or not they possess

mandatory military reinstatement rights. Bureau's continuing interest

in them is to be pointed out. It is to be made clear to them whether

or not they possess reinstatement rights. FD333 should be executed

on those interviewed and forwarded to FBIHQ, along with letter of

resignation and exit interview, when latter documents are required.

Whether employees possess reinstatement rights depends on

the nature of their appointment in Bureau. If it is a permanent or

temporary indefinite appointment, they have such rights and if

otherwise they do not. Almost all Bureau employees possess either

permanent or temporary indefinite appointments.

**EffDte: O2/28/1978 MCRT#: O Div: D3 Cav: SecCls:

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10-5.2 Disposition of Government Property and Personnel File

Field personnel file should be retained in field office.

Government property should be collected by the SAC or FBIHQ supervisor

at time the separation or furlough commences. For those departing on

military furlough, FBIHQ supervisor should see that property is

secured and returned to Property Procurement and Management Section of

the92Finance|Division where it will be retained and may be reissued

upon employee's return to duty. In field, property should be retained

in field office and reissued upon employee's return to duty.

**EffDte: O3/O7/1994 MCRT#: 208 Div: FD Gav: SecCls:

10-5.3 Separation

 l! An employee leaving to enter military service for

more than three months military duty submits a resignation. The

reinstatement rights for such an employee are the same as those of an

employee placed on military furlough. See lO5.4.!

! Employee should be given a copy of Form FDl83

 Reemployment Rights Following Military Service! during the interview

recorded on FD333. In that interview employee should be advised to

forward evidence of employee's entrance into military service. A

letter to FBTHQ giving date active military duty began and employee's

military address will suffice except in those cases in which an

employee, whether permanent or temporary indefinite, is entering on

active duty as a result of membership in a reserve component,

including National Guard. 92Employees who qualify are entitled to

military leave for active duty or engaging in field or coast defense

training. This military leave accrues for an employee in addition

to annual leave at time rate of 15 days per fiscal year and, to the

extent that it is not used in a fiscal year, accumulates for use in

the succeeding fiscal year until it totals 15 days at the beginning

of a fiscal year. That is, up to l5 days of accrued, unused military

leave may be carried over into the succeeding fiscal year for use

during that year. No more than l5 days of accrued, unused military

leave may be carried over into any fiscal year.92 Active reserve

duty including National Guard! must have been ordered prior to

employee's ceasing active duty in Bureau for employee to gualify for

payment, and must be supported by a copy of orders for such active

duty. Tn addition, FBTHQ must be in receipt of a statement from

former employee's military commanding officer certifying to completion

of l5 days or less of active duty, depending on amount of military

leave to which employee is entitled. As soon as certification is

received, payment will be made.

**EffDte: O1/15/1982 MCRT#: O Div: Gav: SecCls:

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| 10-5.4 Furlough | See MAOP, Part 1, 10-s.s.2 s!; MIOG, Part 1, 61-s.9.!|

An employee with reinstatement rights leaving for three

months or less of service may be placed on military furlough.

Material contained in item 1O5.3, above, also applies to employee.

Only difference in this case is that employee does not resign, but

instead directs alcommunicationito employee's division head setting

out employee's military service plans and requesting military

furlough of specific duration.

**EffDte: O9/l6/l999 MCRT#: 919 Div: D3 Cav: SecCls

10-5.5 Reinstatement

**EffDte: Ol/l5/l982 MCRT#: O Div: D3 Cav: SecCls

10-5.5.1 Requirements for Reinstatement

 l! Subject to the conditions as set forth below, if|an

employee had a permanent or temporary indefinite appointment and

leaves|the|Bureau to enter military service of the United States and

so enters without undue delay, remaining in service for a period not

exceeding four years exclusive of any involuntary extension!, or in

some cases, as long as five years plus additional service imposed

pursuant to law! employee has a right to be restored in the position

he/she left or one like it, unless such position is held by an

employee with greater rights, or if employee should incur a disabling

physical condition during his/her military service, in a position as

nearly similar to employee's former one as employee's physical

condition permits. Employee is entitled to withingrade raises and t

receive consideration for promotion in his/her absence to any

vacancies for which qualified. In some cases an employee can serve i

the military as much as five years plus additional service imposed

pursuant to law! and still retain his/her reinstatement rights. In

each case in which service exceeds four years, circumstances will

determine whether employee still possesses such rights.

! To be entitled to reemployment rights, an employee

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must complete his/her military service honorably and receive a

certificate to that effect, be92qualified|to perform the duties

oflhis/her|former position92 or an equivalent one!,|and apply for

reinstatement within the prescribed period. Ilf an employee is not

physically qualified to perform the duties of the former position by

reason of a disability sustained during military service, that

employee has a right to be placed in another position for which he/she

is qualified that will provide the employee with the same seniority,

status, and pay, or the nearest approximation consistent with the

circumstances in each case.|

! |To be qualified for employment he/she must have a top

secret clearance since all positions within the FBI are at the

specialsensitive level. A security clearance is a necessary

qualification for reemployment and that it may be necessary to conduct

an updated background investigation which will serve as a basis for

determining whether the veteran who is applying for reinstatement

should be granted a security clearance.92

|!92 Enlistee must apply for reinstatement rights within

90 days after military separation unless he/she is hospitalized at

separation, in which case reinstatement rights are extended for period

of hospitalization but not to exceed one year, plus 90 days.

|!92 An employee who went into service as a reservist or

National Guardsman for an initial period of three to six months

active duty for training must apply within 31 days after separation

unless hospitalized, in which case employee must apply within 31 days

after discharge from hospitalization incident to that active duty for

training or one year after release from that training, whichever is

earlier. In certain exceptional cases involving initial period of

active duty for training of less than three months, employee may also

have 31 days after release from active duty to exercise reinstatement

rights. Employee will be appropriately notified at time he/she

leaves. If employee's service as a reservist or National Guardsman is

for active duty for an indefinite period, exceeding six months,

employee has a period of 90 days to apply for reinstatement.

**EffDte: O9/26/1994 MCRT#: 307 Div: D3 Cav: SecCls:

10-5.5.2 Procedures for Reinstatement

!

FBIHQ who calls

be advised that

FBIHQ and FBIHQ

A veteran exemployee with reinstatement rights at

at a field office to arrange for return to duty should

his/her request will be transmitted immediately to

will then get in touch with him/her. Office should

notify FBIHQ of the matter by Form FD435. Form FD435 should, if

possible, include date employee desires tolreturn; place,|and type of

separation; rank, social security and/or serial number, and branch of

service; whether on interview employee admitted incurring disciplinary

measures or physical disabilities in military service; whether on

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interview employee admitted employee or any relatives have been in

difficulty with civil authorities since employee left Bureau.

Pertinent details should be included. An executed Form FD224 and, if

available, a copy of the honorable separation should be attached to

Form FD435. If, having no copy of employee's military separation

physical examination report, employee requests the office to arrange a

reinstatement physical examination, office should make necessary

arrangements. A physical examination report must be submitted, but

this can follow employee's reinstatement. ! See ! and !.!|

! Appropriate leads to check his/her military service

record should be set out immediately. If employee's discharge was

recent, the records are probably at the military installation where

employee was discharged. Otherwise, refer to MIOG, Part I1, Section

19, for location of military records. Appropriate intelligence agency

should also be requested to check records applicable.

! If the veteran exemployee with reinstatement rights

appears at the same field office where he/she formerly served to

arrange for restoration to duty there,|office!should send Form FD435

to FBIHQ containing the same information described in 1O5.5.2 !,

above, indicating what steps are being taken to complete reinstatement

procedure, such as arranging for a physical examination, checking

military records, etc. Form FD435 should also state grade and

position in which it is recommended employee be reinstated.

If there is any question as to whether employee meets reinstatement

requirements, employee should be advised office will resolve it by

contacting FBIHQ and employee will be informed of the decision.

! If the veteran exemployee requests reinstatement at

a different field office than the one to which employee has reported

for information and guidance, FBIHQ should be informed by Form FD435

containing the same kind of information indicated in 1O5.5.2 !,

above. FBIHQ will take appropriate action. It should be noted Bureau

policy is to reinstate employee in the office he/she left to enter

military service.

! Employees who were placed on military furlough 0-

5.4 above! can return to work as soon after their military duty is

over as they wish; the normal restoration processing can be completed

subsequently. FBIHQ must be advised of results of interview outlined

in 1O5.5.2 ! above. FD224, a copy of employee's honorable

separation, and physical examination report must be forwarded as soon

as possible. FBIHQ must be separately advised upon return to duty.

Usual entryonduty forms are not necessary and Government property

should be immediately reissued to employee.

! Any veteran exemployee who resigned from Bureau to

enter military service and subsequently returns to duty must execute

usual entryonduty forms, including statement of Federal Service

Form, FDl95. Such forms should be forwarded to FBIHQ immediately to

facilitate placing employee on payroll. As explained above, they are

not necessary in military furlough cases, as furloughed employees were

never removed from our rolls.

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! If any veteran exemployee orally advises that he/she

does not desire to exercise reinstatement rights or does not desire to

return to duty from military furlough, this waiver should be secured

from employee in writing.

**EffDte: O9/26/1994 MCRT#: 307 Div: D3 Gav: SecCls:

10-5.5.3 Rejectees

ln order for an employee to

who has such rights and is rejected for

must, according to law, report back for

next regularly scheduled working period

exercise reinstatement rights

military service, employee

work at beginning of his/her

after expiration of last

calendar day necessary to travel from place of rejection to place of

employment following employee's rejection or within a reasonable time

thereafter if delayed return is due to factors beyond employee's

control. Failure to so report shall make employee subject to

administrative action as an unauthorized absentee. Rejectees

reporting back for work should be interviewed and reason for rejection

determined. Advise FBIHQ and check appropriate military service

installation where rejected to confirm reason for rejection and advise

FBIHQ of results. Should any employee delay his/her return so that

employee would be considered an unauthorized absentee, submit

employee's explanation for delay, along

any administrative action.

with your recommendation as to

**EffDte: Ol/22/1991 MCRT#: O Div: D3 Cav: SecCls:

| 10-6 ADVERSE PERSONNEL ACTlONS| See MAOP, Part I, 10-7.!|

In general, no veteran who92is

same or similar positions within

suspended for more than l4 days,

pay92without being given 3O92days'

stating92specific reasons for the

**EffDte: 12/Ol/1994 McRT#: 353 Div: D3OP

"preference eligible"

and92who has|completed one year of current continuous service in the

an agencylmay be discharged,

or involuntarily reduced in92grade or

advancelwritten

proposed action.

discussion of this matter,92including the meaning

"preference eligible,"92is found in|MAOP,|Part I,

notice

A92further

of the term

|l3lO.

Cav: SecCls:

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| 10-T EXCEPTIONS TO ELIGIBILITY FOR PREFERENCE RIGHTS

Ifla preferenceeligible employeelhas not completed one

year|of current continuous service in the same or similar positions

within the agency, the employeeldoes not possess rights mentioned in

10-6 above. None oflthelbenefits of92the|Veterans Readjustment

Benefits Act of 1966, Cold War GT Bill, accrue to employees who served

under Title 1O, United States Code USO!, Section 511 d!, in the

National Guard or Reserve so called sixmonthers!. Preference

claimed on the basis of a service connected disability requires

| appropriate official proof. 92 See MAOP, Part I, 131O.!92

**EffDte: 12/O1/1994 MGRT#: 353 Div: D3OP Gav: SecCls:

10-8 ADVANCEMENT

As already mentioned above, a permanent or temporary

indefinite employee must be considered for promotion during employee's

absence in military service. Tt is not mandatory that employee be

promoted but only that employee be considered. If employee is not

promoted, Bureau's policy is to accelerate employee's progress as much

as possible, consistent with its vacancies and employee's

qualifications, upon employee's return.

**EffDte: 11/25/1987 MGRT#: O Div: D3 Gav: SecGls:

10-9 MILITARY LEAVE

! A support employee, veteran or not, who is a member

of a reserve component of Armed Forces including National Guard! is

entitled to military leave for active duty or engaging in field or

coast defense training. This military leave accrues for an employee

in addition to annual leave at the rate of 15 days per fiscal year

and, to the extent that it is not used in a fiscal year, accumulates

for use in the succeeding fiscal year until it totals 15 days at the

beginning of a fiscal year. That is, up to 15 days of accrued, unused

military leave may be carried over into any fiscal year. Employee can

also be granted up to 22 workdays of military leave per calendar year

for Federal or state duty performed to provide military aid for

enforcement of the law; the coverage of this provision includes the

District of Columbia National Guard. Military pay received for this

kind of duty is deducted from federal civilian salary for same period.

Therefore, upon return to work employee must submit a certified

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statement showing amount other than a travel, transportation, or per

diem allowance! employee received for military service so that

employee's salary may be reduced accordingly. District of Columbia

National Guardsmen may be granted additional military leave with pay

for parades, encampments, and certain other duty ordered by commanding

general.

! Parttime career employees may be granted military

leave.

! Members of Reserve Officers Training Corps ROTC! are

not eligible for military leave with pay for training purposes but may

be granted annual leave or leave without pay. See the LEAVE

IPOLICY MANUAL.!|

**EffDte: 10/31/2000 MCRT#: 1034 Div: D3 Cav: SecCls:

10-10 OTHER RIGHTS

! There are certain other rights employees may have

based upon their military service. Examples are home loan guaranty

provisions of Servicemen's Readjustment Act of 1944 G1 Bill! and

under Korea G1 Bill. Under Veterans Readjustment Benefits Act of 1966,

Cold War GT Bill, term "veteran" is not always defined same way for

each benefit, but generally means an individual with more than 180

days of active military duty, any part of which occurred after

1-31-55. Definition excludes those whose service was in National

Guard or military reserve programs under Title 1O, USC, Section

511 d!, entailing six months or less of active duty for training

within a total sixyear reserve commitment. The 1966 act provides

such benefits as education aid, home loan guaranty, medical care, and

veterans preference.

! Above rights are type administered primarily

by!Department of Veterans Affairs|which has local offices throughout

Nation.

**EffDte: O9/26/1989 MCRT#: O Div: D3 Cav: SecCls:

10-11 MILITARY RESERVE MATTERS See IVIAOP, Part 1, 1-17.!

! The Bureau maintains records on employees who are

members of military reserve including National Guard! units.

Information as to any change in reserve status of an employee must be

promptly forwarded to FBIHQ. A change in reserve status includes such

matters as being discharged from a reserve unit, being promoted, or

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being transferred from the Ready Reserve to the Standby Reserve. Form

FD295 is to be used for this purpose and should be sent to FBIHQ by

routing slip. In addition, routing slips should be used to keep FBIHQ

advised of any pending action, such as intended contacts with reserve

units for information. Routing slips should be marked for attention

of the Administrative Services Division. Whenever a member of the

Standby Reserve is to be ordered involuntarily to active duty in time

of war or national emergency declared by the Congress or whenever

otherwise authorized by law, the reservist would be ordered by

his/her branch of the Armed Forces to report to his/her unit for duty.

Should any Agent or key support personnel be so ordered as a member of

the Standby Reserve, FBIHQ is to be immediately advised so appropriate

employment data may be furnished.

! Special Agents occupy Key Federal Employee positions

and may not belong to the Ready Reserve. However, Agents are

permitted to belong to the Standby Reserve. As a condition of

employment, new Agents who are members of the Ready Reserve must

either transfer to the Standby Reserve or separate entirely from

military reserve. Thereafter, Agents may not rejoin Ready Reserve

units. Agents should also keep in mind that Individual Mobilization

Augmentee IMA! billets and all National Guard billets including

inactive National Guard billets! are Ready Reserve positions for

which Agents are ineligible.

 a! Agents who are members of the Standby Reserve

may volunteer for active duty for training ADT! and be granted

Military Leave. Any Agent in the Standby Reserve who seeks to

volunteer for ADT during duty time or inactive duty training i.e.,

weekend drills! during offduty time must submit a request for

approval to his/her SAC or division head at least 30 days in advance.

Such a request may be disapproved if, in the view of the SAC or

division head, granting the request would unreasonably and adversely

affect Bureau operations. A denial of a request for reserve training

I participation may be appealed to the!Deputy Director.!

 b! Employees approved for ADT are entitled to up to

I5 calendar days of Military Leave per year but no more than BO days

of accrued Military Leave! while continuously receiving FBI pay. All

documentation of Military Leave, including copies of orders and

certification showing dates of duty actually performed, must be

I completed and submitted to the!Payroll Administration and Processing!

| Unit,!Finance!Division. Failure to submit proper

documentation will result in all absences from work for ADT being

charged to Annual Leave or Leave Without Pay.

**EffDte: IO/31/2000 MCRT#: I034 Div: D3 Cav: SecCls:

~!<-k-k-J:9:-J:-k-/1<-J:-J:-k-J:-k~k-/<9:-J:9:-J<-k-/<9:-J:-k-k-k-k-k-J:-k-J:-J<-J:-£9: -k9:-J:-k-/1<-J:-9:9:-k-k-/1<-J:-J:-k-/1<-J:-J:-k-J:-k-J:-k-J:-/<9:-J:-k-/<9:

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ALL II921Fl"}l3!I*I.I+."II"I[§lf'I QUNTAINED

1-EREIN IE1 SETCLAESIFIEIII

DQTE FIEMEIWZIIIGT BY EF332»li EEC 3N;l_.~EI~B

SECTION 11. TRANSFERS

11-1 GENERAL INSTRUCTIONS See Legal Attache Manual, Section 3.!

! All personnel should be cautioned that they are not, under any circumstances, to discuss

transfers of other employees with unauthorized individuals, such as realtors or employees of

moving companies. To do so will subject employees to severe administrative action and possible

criminal liability under the Privacy Act of 1974.

! Agents under transfer are to be relieved of assigmnents so that the transfer may be expedited.

! All Agents must report to their new office of assignment within 90 days of the date of the

official letter of transfer.

! Effective date of employee's assignment at new duty station is the date of arrival at the new

office.

! Requests for delays in reporting to a new office of assignment must be submitted to the Bureau

with full justification and may be submitted on a UACB basis. These requests are reviewed

individually and coordinated with the pertinent field offices and/or FBIHQ divisions.

! Do not incur transfer-related expenses prior to receipt of the letter of transfer.

! Employees being transferred to any point within the United States should advise the Postal

Service that change of residence is the result of an official Government tra.nsfer. All classes of mail

for employee and immediate family residing with employee will be forwarded free of charge.

 8! Those offices receiving cost-of-living COL! allowances must immediately advise the date the

employee departs since the COL is removed upon departure. Failure to advise FBIHQ on atimely

basis will result in an overpayment that the employee must refund.

 9! For policy concerning Agents who have completed a language school or who have passed a

Bureau language examination, refer to Part I, Section 22, and Part II, Section 1-1.9, of this manual

for additional instructions.

11-1.1 Use of SF-52 Request for Personnel Action!

! The field office the employee is transferring into must submit an SF-52 to the Bureau showing

the arrival date of employee.

! The following items must be executed on the SF-52 for Arrival Notices.

 a! Part A, Item 1 Relocation!

 b! Part A, Items 3, 5, and 6

 c! Part B, Items 1, 2, 4,14, 15,16, 18, and 22

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! Deleted

! Deleted

11-1.2 Use of FD-655 Routing of Earnings and Leave Record!

! The four-part FD-655 should be completed by each employee receiving a permanent transfer

and any employee assigned to an extended temporary duty when special handling of his/her

Eamings and Leave Record is required.

! The original of the FD-655 should be submitted to FBIHQ, Attention: Accounting Section,

Payroll Administration and Processing Unit, to arrive no later than the Thursday prior to the date of

the rst Earnings and Leave Record to be sent to the employee's new ofceof assignment or

temporary duty point. Part two should be retained by the submitting office; part three should be

forwarded to the new office of assignment; and part four should be retained by the employee for

his/her personal records.

! Should the information on the initial FD-655 change, a new FD-655 should be executed, the

AMENDED block checked, and forwarded immediately to FBIHQ.

11-1.3 Personnel File and Bureau Property See Legal Attache Manual, Part 1, 4-3.!

! The following items should be sent to the new office by the SAC or division head of the old

ofce: An employee's previously submitted Condential Financial Disclosure Reports OGE-450!

and/or Conict of Interest Certications, personnel le,

Employee Medical File System EMFS! suble, Employee Security suble, eld firearms training

record FD-40!, health report card, if any, electrocardiogram tracings, and report of medical history

 SF- 93!. Medical documents generated prior to the establishment of the EMFS suble should be

contained in the personnel le. See MAOP, Part l, 24-ll.! Cover letter, Records Transferred of

Personnel Transferred Form FD-109!, should be used to forward les. Send Form FD-475

 Physical Examination Card! if used for record purposes. Files are to be forwarded by the rst

workday following employee's departure on transfer. See MAOP, Part l, 20-4.1 !.!

! Prior to departure date, employee's property must be inventoried by item and serial number to

ensure property charged to an employee on the Bureau Personnel Management System, Issued

Personal Property System, coincides with property in employee's possession. FBIHQ employees

under transfer should contact the Property Management Unit, Property Procurement and

Management Section, Finance Division.

11-1.4 Travel Time and Annual Leave

 l! Employees under ofcial transfer at the government's convenience are allowed travel time

required for direct distance travel between transfer points based on mode of travel.

! Annual leave to be taken in addition to travel time may be approved by the SAC or division

head ofthe former ofce. See MAOP, Part 2, 6-2.4.3.!

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11-2 SPECIAL AGENT TRANSFER POLICY

! The Director of the FBI maintains the authority to transfer any FBI employee when it is in the

best interest of the United States government. All Special Agents SAs! are subject to transfer at

any time to meet the organizational and program needs of the FBI. FBI SAs accept the possibility

of transfer as a condition of their employment. SAs may be transferred where and when the needs

of

the FBI may dictate. In this regard the overall neds of the Bureau, to include the assurance that

investigatory experience levels are appropriately represented in all field offices, along with

budgetary considerations, take precedence. The personal needs and preferences of the Agents are

considered wherever possible in carrying out the transfer policy.

! In general, transfers will be made to eld ofces that are below their authorized Funded

Stafng Level FSL! or have a critical specialty need. The Administrative Services Division will

determine whether vacancies in field ofces will be lled through rst office, rotationals, or

Personnel Resource List PRL! transfers to maintain an adequate combination of various

investigative experience levels in a particular field office.

11-2.1 First Office Transfers

When an Agent successfully completes new Agents training at the FBI Academy, Quantico,

Virginia, he/she will be assigned to one of the Bureau's field offices based on the current staffing

and/or critical specialty needs. New Agents will be permitted to make known their preference for

assignment and consideration will be given to their desires; however, assignment will be based

upon the staffing needs of the Bureau. An Agent can generally expect to remain in his/her rst

ofce of assignment for a minimum of four years.

11-2.2 Rotational Transfers

Effective July 1, 1996, the policy goveming routine rotational transfers including the provision for

requesting accelerated rotational transfers! was eliminated. In its place, nonvoluntary rotational

transfers NVRT! and voluntary rotational transfers VRT! were implemented. The policy

goveming NVRTs and VRTs is set forth below in 11-2.3 and 11-2.4.

11-2.3 Nonvoluntary Rotational Transfers NVRT! See 11-2.2.!

! New Agent assignments and Personnel Resource List PRL! transfers remain the primary means

of addressing the FBI's stafng needs. NVRTS will be considered only when a determination is

made that all other transfer options have been explored unsuccessfully. Agents will be subject to

NVRTS once they have completed four years in the eld as Agents. Agents will be chosen for

NVRTs by examining the pool of eligible Agents and selecting the most junior Agent, based on the

date the individual entered on duty as an Agent.

! Deleted

! An Agent whose current assignment is the result of the Agent's one PRL transfer will generally

not be subject to an NVRT.

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11-2.4 Voluntary Rotational Transfers VRT! See 11-2.2.!

! The Administrative Services Division ASD! Will designate a hard-to-staff office With a.n

exigent need for Agent personnel asa recipient of VRTs. This designation Will typically be made

for offices with a limited number of Agents listed on their PRLs. ASD will periodically issuea

fieldvvide communication seeking volunteers for assignment to the designated office. Agents may

also volunteer independent of the canvass at any time. A list of Agents volunteering for assignment

will be maintained and utilized by ASD. The continued use of a particular VRT list Will be

deterrnined by ASD based upon existing staffing needs and budgetary considerations. The VRT

will not be utilized until all qualified Agents on the standing PRL for that office have been

canvassed.

! An Agent will generally be eligible for a VRT after completing four years in the Agent's current

office of assignment. An Agent will be ineligible for a VRT if the Agent has consummated a cost

transfer within the past year.

! Agents who have previously received a PRL are eligible for a VRT transfer provided they meet

the basic qualifications.

! All Agents must achieve a rating of "Meets Expectations" on their most recent performance

appraisal to be considered for a VRT.

! If an Agent is censured and currently on probation, that Agent will not be eligible for VRT

consideration. In situations involving any disciplinary matter Where administrative action may be

warranted, an evaluation Will be made on a case-by-case basis to determine if the circumstances

Warrant exclusion from consideration for a transfer.

11-2.5 Direct Placements

Direct placement is the nonvoluntary transfer or relocation of a Special Agent from one

division] office to another to meet the needs of the Bureau, including, but not limited to, transfers to

address administrative, inspection, or conduct issues. On April 16, 2002, Director Mueller

approved a decision memorandum titled "DELEGATIONS OF AUTHORITY IN THE FBI." At the

time the memorandum was approved, the FBI Was in transition, and the Deputy Director position

was vacant. The delegation of authority for direct placements was given to the Executive Assistant

Director EAD! - Administration, in consultation With the EAD or SAC/ADIC of the affected

parties. With the Deputy Director position occupied, the delegated authority for direct placements

Will once again rest With the Deputy Director.

In some instances, the direct placement transfer involves the promotion of an Agent to a higher

grade position. While competing for a position through established EDSP protocol is preferred,

there Will be limited instances whereby the Director must direct place an Agent into a position for

operational necessity.

Per the approval of Deputy Director Bruce J. Gebhardt, the Deputy Director Will have the authority

and responsibility for making the nal determination on direct placement transfers resulting from

administrative, inspection, or conduct issues. The Director Will authorize all direct placement

transfers involving the promotion of Special Agents.

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11-2.6 Lateral Transfers

Lateral transfers between FBIHQ divisions will be allowed with appropriate justification and the

consent of both division heads when the transfer is based on operational necessity, as opposed to

personal convenience. All lateral transfers between FBIHQ divisions will be considered no-cost

transfers, and Supervisory Special Agents transferred as a result of lateral transfers will be expected

to remain in those positions for nine months before applying for other positions.

11-3 SPECIAL AGENT PERSONNEL RESOURCE LIST TRANSFERS PRL!

! The PRL system was established to provide a means for Agents to document a preferred office

of assignment. Agents may also designate their Resident Agency s! RA! of preference when

designating their PRL.

! Preferred locations an Agent indicates on the PRL should not be confused with locations

indicated on the intraofce RA PRL. See MAOP, Part 1, 11-3.9, for more information on the

intraoffice RA PRL.

! A PRL transfer is NOT a system of rewardnor is it a guarantee. It is, however, a means by

which the personnel resource needsof the Bureau may be effectively addressed while satisfying the

preferences of employees. This system is based generally upon seniority, consistent with the needs

of the Bureau and budgetary considerations. Agents will be limited to one PRL transfer during their

career with limited exceptions such as those Agents who received a PRL transfer from a then-Top12 office to another Top-12 office prior to June 9, 1987; and Agents receiving PRL transfers to

Anchorage, Honolulu, New York, or San Juan, all of whom may be eligible for a second PRL

transfer, see MAOP, Part 1, 11-3.6 and 11-3.8!.

! The published PRL will be made available to each Special Agent in Charge SAC! and

Assistant Director at the conclusion of the open seasons in January and July of each year for

inspection by all employees. During the openseason the existing PRL printout will be utilized until

the revised list is published. The PRL will include the specific RAs of preference, if any; the

certied specialties which qualify the Agent for transfer consideration; and identify those Agents

who qualify for an EOD enhancement based on service in Los Angeles or New York. These

printouts should be reviewed by Agent personnelfor accuracy.

! In designating a PRL preference, it is suggested that Agents consult with their family members

and others who will be affected by the transfer. Only those Agents who are considered ranked and

appear on the current PRL at the time of the PRL selection process will be considered for PRL

transfer. PRLs will include Agent managers, who although not ranked, prefer to maintain their

name on the list for possible future PRL consideration. As in the past, Agent managers will not be

considered for a PRL transferunless they have removed themselves from the EDSP by EC, as

outlined in the MAOP, Part 1, 11-7.

! All employees must achieve a rating of "Meets Expectations" on their most recent performance

appraisal to be considered for a PRL transfer.

! If an Agent is censured and placed on probation, that Agent will not be eligible for a PRL

transfer as long as that Agent is on probation. In aggravated situations involving any disciplinary

matter where administrative action is warranted, an evaluation will be made ona case-by-case basis

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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

to determine if the circumstances warrant exclusion from consideration for a PRL transfer. See

MAOP, Part 1, 13-14.3.!

 8! Agents passed over for a PRL transfer due to a documented need, such as involvement in an

undercover operation or other specialized needs requiring that the Agent remain in a current

assignment, will be afforded the rst PRL transfer into that office following completion of that

assignment regardless of standing on the PRL.

 9! An Agent will generally be eligible for a PRL transfer after completing four years in the Agent's

current office of assignment. An Agent will be ineligible for a PRL transfer if the Agent has

consummated a cost transfer within the past year.

0! Agents eligible for retirement and considered for a PRL transfer must have the capability of

performing at least one year of service in the requested office before being mandatorily obliged to

retire, or to complete any contractual agreement signed in connection with the transfer.

1! Agents who have consummated a cost transfer must remain in the service of the government

for one year following the effective date of the transfer. Agents who terminate their govemment

employment prior to the expiration of the one-year period are obligated to refund to the government

all costs incurred in connection with the transfer.

2! Agents who are incapacitated and/or are classied under the Medical Prole System, are

evaluated on an individual basis to determine the feasibility of receiving a PRL transfer.

3! Bureau stafng needs remain the paramount consideration for transfers. Specialized

requirements, unique Agent skills and/or qualications, which are not readily available elsewhere

in the Bureau, are also recognized as matters which must take precedence when such needs exist.

PRL transfers made out of order and other deviations from regular rotational programs resulting

from these unique requirements are recorded in the appropriate FBIHQ les, approved by the

Personnel Ofcer, Administrative Services Division, and, when necessary, by the Assistant

Director s! of the appropriate FBIHQ division s!.

4! Deleted

11-3.1 Requesting a PRL Transfer

! All Agents are required to maintain a preference on the PRL and may change their preference

during the open season months of January and July. Prior to the printing of the PRL, following

open season, the Transfer Unit will examine the PRL to ensure all Agents have a preference listed.

Those Agents not specifying a preference on the PRL will have their current location entered as

their preference.

! The FD-314 form will be used for designating or modifying a PRL preference. All PRL changes

will be effected electronically by designated FBIHQ or eld division front ofce personnel with

access to the Bureau Personnel Management System BPMS!.

! An Agent must designate one eld division of preference on the PRL by submission of an FD314. The Agent may elect to indicate the Agent's own eld division. The preferred location s!

within that division may be specied by the Agent, who may choose any combination of

headquarters city HQC! and/ or resident agencies RAs!. The Agent may elect to specify RAs only,

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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

excluding HQC. If qualied for transfer, the Agent will be considered for transfer to the division

designated by the Agent and, in no priority order, the locations Within that division which have

been specied.

! The locations specied by the Agent will appear next to the Agent's name on the printed PRL.

If specifying HQC, the letters "HQC" will appear. A three-letter abbreviation will appear for each

RA selected and if all RAs Were selected, "ALL" Will appear. The FD-314 MUST BE SIGNED by

the Agent before entry in BPMS by designated FBIHQ or eld division front office personnel. The

original fonn should be placed in the Agent's personnel le.

11-3.2 Identifying an Experienced Agent for Transfer See MAOP, Part 1, 11-11.!

! When an experienced Agent is required to ll a vacancy in a particular location HQC or RA!,

the Transfer Unit Wlll rst examine the PRL a.nd offer the transfer to the most senior eligible Agent

specifying the location of the vacancy.

! If the Agent declines the transfer, the Transfer Unit will not consider the Agent for another PRL

transfer for two years. See paragraph ! below.! The Transfer Unit will then repeat the above

procedure, advancing down the PRL to the next most senior eligible Agent specifying the location,

until an Agent accepts the transfer or the Transfer Unit reaches the end of the PRL.

! If the Transfer Unit reaches the end of the PRL and all eligible Agents who indicated the

location decline the transfer, or if there are no eligible Agents specifying the location, the Transfer

Unit Will prepare a Bureauvvide canvass seeking volunteers. Of the Agents responding to the

canvass, the most senior eligible Agent Will be transferred, providing there are no specialty back-

ll issues.

! If no Agents respond to the canvass, the Transfer Unit Will offer the transfer to all remaining

eligible Agents on the PRL Who listed the division With the vacancy, but did not list the specic

location of the vacancy, with the understanding that the Agent would not be considered to have

used the Agent's one PRL transfer. There will be no penalty for declining the transfer. The most

senior Agent who accepts the offer will be transferred, providing there are no specialty back-ll

issues. After ve years in the assignment, upon request, the Agent Will be offered an intraofce

transfer to a location the Agent has specied on the PRL, contingent on a stafng need and

available funding. This second transfer will be considered the Agent's one PRL transfer.

! If an Agent still has not been identied for voluntary transfer, the Transfer Unit will examine all

eligible Agents on the PRL who listed the division with the vacancy and the most junior eligible

Agent will receive a nonvoluntary rotational transfer NVRT! to the location of the vacancy. The

Agent transferred would not be considered to have used the Agent's one PRL transfer. After ve

years in the assignment, upon request, the Agent Will be offered an intraofce transfer to a location

the Agent has specied on the PRL, contingent on a stafng need and available funding. This

second transfer will be considered the Agent's one PRL transfer.

! If an Agent still has not been identied for transfer, the Transfer Unit will examine all Agents

on the PRL who listed another location as close as possible to the location of the vacancy and the

most junior eligible Agent Will receive a NVRT to the location of the vacancy. The Agent

transferred would not be considered to have used the Agent's one PRL transfer. After ve years in

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the assignment, upon request, the Agent will be offered a transfer to a location the Agent has

specified on the PRL, contingent on a staffing need and available funding. This second transfer will

be considered the Agent's one PRL transfer.

! The two-year penalty for declining a PRL transfer will be effective the date the Agent declines

the transfer. The date the penalty expires will be printed on subsequent PRLs under the column,

"PRL PENALTY."

11-3.3 24-Hour Requirement

! Agents will generally receive notification of an

offer for a PRL from the Transfer Unit through their designated front office representative. Agents

must affirmatively respond within 24 hours, excluding weekends and holidays, of receiving an

offer for a PRL to remain eligible for the transfer and avoid a two-year penalty.

! It is incumbent upon each front office to maintain a record to verify the time and date of notice

to the Agent and the time and date of response to the Transfer Unit. The Transfer Unit will

maintain a similar record.

! Deleted

11-3.4 Withdrawal of an Agent's Name From the PRL

! Withdrawal of an Agent's name from the PRL will not be allowed, as all Agents are required to

maintain a preference on the PRL. Agents may, however, specify their own eld division as their

preference.

! Deleted

! Deleted

! Deleted

11-3.5 PRL Transfer Cancellation

! If, at any time after the Transfer Unit is verbally notified of an Agent accepting a PRL transfer,

the Agent changes their decision to accept the transfer, the Agent will not be obligated to transfer.

The Agent will then be ineligible for another PRL transfer for four years and responsible for any

expenses associated with the transfer. The four-year penalty for declining a PRL transfer, after it

was accepted, will be effective the date the Agent declines the transfer. The date the penalty expires

will be printed on subsequent PRLs under the column, "PRL PENALTY."

! Deleted

11-3.6 PRL Transfer Policy - New York, Los Angeles and San Francisco Divisions

 Formerly 11-3.1! See 11-3.!

! Agents assigned to the New York, Los Angeles, or San Francisco Division are eligible to

receive an "add-on" to their EOD when determining standing on the PRL. The add-on is not a

formal EOD adjustment. The Agents will receive a three-year add-on after serving five continuous

years in their division and an additional two-year add-on, resulting in a total ve-year add-on, after

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serving ten continuous years in their division. For example, after serving five continuous years in

the New York Division NY!, an Agent who entered on duty in 1996 will be considered as having

entered on duty in 1993 when determining standing on the PRL. An Agent who has earned the addon and transfers from the division loses the add-on, with the exception of an Agent who receives a

nonvoluntary rotational transfer NVRT! from the division; that Agent retains the add-on until the

Agent transfers once more.

! An Agent qualified for the three- or five-year add-on will have the number 3 or 5 appear next to

the Agent's name on the published PRL.

! Agents who receive an Office of Preference OP! or Personnel Resource List PRL! transfer to

NY are eligible for a second PRL transfer subsequent to serving ve continuous years in NY. This

policy applies only to those Agents who received OP/PRL transfers to NY before January 1, 1994,

and those Agents who received PRL transfer orders to NY dated between April 15, 1997, and April

15, 2002. Eligibility for a second PRL transfer will only be extended to qualied Agents while they

are assigned to NY. An Agent who accrues eligibility for a second PRL transfer and is thereafter

transferred from NY loses their eligibility for a second PRL transfer upon leaving NY.

11-3.7 Hardship Resident Agencies RAs!

! San Antonio Division - Rio Grande Valley Resident Agencies RGVRAs!

 a! After serving five continuous years in the Brownsville, Del Rio, Laredo or McAllen RAs,

Agents will be considered for an intraoffice cost transfer within the San Antonio Division based

upon existing staffing needs, available transfer funding, and the concurrence of the SAC, San

Antonio. This will be accomplished by submitting an EC from the SAC, San Antonio to the

Administrative Services Division no sooner than 90 days prior to the Agent's five-year anniversary

date or at any time thereafter. Transfer orders will be issued no sooner than 60 days prior to the

Agent's five-year anniversary.

 b! After serving five continuous years in one of the above RAs, Agents not choosing to transfer to

Sa.n Antonio Headquarters City or another RA within the division, will be afforded a ONE-TIME

opportunity, either on this anniversary date or at any time thereafter, for transfer to one of three

offices selected by the Administrative Services Division based upon existing staffing needs a.nd

available transfer funding. Every effort will be made to provide a choice of offices located within

the region of the Agent's PRL; however, selections will be based strictly on FBI staffing needs.

This will be accomplished by submitting an EC from the SAC, San Antonio to the Administrative

Services Division no sooner than 90 days prior to their five-year anniversary date or at any time

thereafter. The EC should contain a statement regarding the Agent's investigative background and

specialties. At that time, the Agent will be provided a list by the Transfer Unit of available offices

from which to make a selection for transfer. Transfer orders will be issued no sooner than 60 days

prior to the Agent's five-year anniversary. Agents will not be permitted to officially depart San

Antonio under transfer until having reached their five-year anniversary.

 c! This policy does not preclude an Agent from being granted an EDSP, PRL or rotational transfer,

if eligible, in conformance with existing policy.

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 d! Agents who were assigned to the Laredo and Del Rio RAs prior to April 22, 1997, are eligible

for transfer consideration upon completion of their three-year commitment pursuant to previous

policy governing assignments to these hardship RAs. In those instances, Agents interested in a

transfer to San Antonio Headquarters City or another San Antonio RA will be transferred pursuant

to existing staffing needs, available transfer funding, and the concurrence of SAC, San Antonio.

 e! Agents who were assigned to one of the four RGVRAs prior to April 22, 1997, may take

advantage of this new policy upon the anticipated completion of five continuous years in one of

these RAs. An EC should be prepared as outlined in paragraphs a! or b! above.

 f! The benefits referred to in a! and b! above do not apply to RGVRA Agents whose transfer

orders were dated after August 6, 2001.

! San Diego Division - El Centro Resident Agency RA!

At anytime after serving three continuous years in the El Centro RA, Agents will be considered for

an intraoffice cost transfer to San Diego Headquarters City based upon existing staffing needs,

available transfer funding, and the concurrence of the SAC, San Diego. This will be accomplished

by submitting an EC from the SAC, San Diego to the Administrative Services Division no sooner

than 90 days prior to the Agent's three-year anniversary date. Transfer orders will be issued no

sooner than 60 days prior to the Agent's three-year amiiversary or at any time thereafter. This

benefit does not apply to El Centro RA Agents whose transfer orders were dated after August 6,

2001.

! Albuquerque and Phoenix Divisions - Gallup Resident Agency RA!

At anytime after serving three continuous years in the Gallup RA GRA!, Agents will be

considered for an intraoffice cost transfer WITHIN THEIR RESPECTIVE DIVISION based upon

existing staffing needs, available transfer funding, and the concurrence of the SAC, Albuquerque

 AQ! and Phoenix PX!. This will be accomplished by submitting an EC from the SAC to the

Administrative Services Division ASD! no sooner than 90 days prior to the Agent's three-year

anniversary date. Transfer orders will be issued no sooner than 60 days prior to the Agent's threeyear anniversary. This benefit does not apply to GRA Agents whose transfer orders were dated

after August 6, 2001.

SAs assigned to the GRA after August 6, 2001, will be required to serve a minimum of three

continuous years and will thereafter qualify for a rotational or Personnel Resource List PRL!

transfer under the following policy:

 a! THREE-YEAR POLICY: An Agent electing to serve only three continuous years in the GRA

will be able to select his/her next office of assignment from five offices identified by ASD. These

offices will be identified based upon eld office staffing needs. If one of the identified offices is the

Agent's designated PRL,the Agent will be charged their one-time PRL.

 b! POUR-YEAR POLICY: Agents electing to S6l'V6 four continuous years in the GRA will have

the opportunity to select from one of the two following transfer options: l! select an office of

assignment from seven offices identified by ASD based upon field office staffing needs, OR !

request an intradivisional transfer. If one of the identified offices is the Agent's designated PRL,the

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Agent will be charged their one-time PRL. The intradivisional transfer will be dependent on the

SACs concurrence and eld ofce staffing needs.

 c! FIVE-YEAR POLICY: Upon completion of ve continuous years in the GRA, Agents will

receive a transfer to their listed PRL regardless of prior assignment or eld office stafng levels.

The Agent's RAs of preference, if any, will also be considered with the concurrence of the affected

SAC and based upon existing staffing needs.

Alternatively, Agents who have served at least ve continuous years in the GRA and have not

previously received a PRL, will be afforded, upon their request, a one-time opportunity to select

from one of the two following transfer options: ! select an office of assignment from seven

offices identied by ASD based upon eld office staffing needs OR ! request an intradivisional

transfer. If one of the identied ofces is the Agent's designated PRL, the Agent will be charged

their one-time PRL. The intradivisional transfer will be dependent on the SACs concurrence and

eld ofce stafng needs. In the event an Agent declines a transfer offer pursuant to this aspect of

the ve-year policy, he/she remains eligible for a PRL transfer as set forth in this section.

It is incumbent upon the SACs in AQ and PX to advise ASD, FBIHQ, by ofcial communication

approximately 90 days prior to the completion of an Agent's current tour in the GRA if an Agent

does not wish to renew his/her assignment. At that time, ASD will provide the Agent with a list of

available ofces from which to make a selection for transfer. Upon selection of an ofce under the

three- or four-year policy, or a PRL under the ve-year policy, transfer orders will be

issued and received by the AQ and/or PX Division 60 days prior to the Agent's anniversary date in

the GRA. Agents accepting a transfer under the three-, four-, or ve-year policy will not be

permitted to depart the GRA until the required term of assignment is completed.

In addition, Agents who receive a transfer from the GRA will generally be required to remain in

their new assignment for a minimum of four years before being considered eligible for another cost

transfer.

The above transfer policy for Agents assigned to the GRA will be retroactive to August 1, 2001.

This date represents the date when the "hardship" ofce designation was eliminated, pursuant to the

following reference electronic communications 6-HQ-Al240 
6-TF, serial number 1358, and

66-HQ-Al240026-TF, serial number 1367!. Agents currently assigned to the GRA, who arrived in

the GRA prior to this date, will be subject to the GRA transfer policy effective at the time of their

assignment.

! Minneapolis Division - Minot, Pierre and Aberdeen Resident Agencies RAs!

 a! After serving five continuous years in the Minot, Pierre, or Aberdeen RAs, Agents will be

considered for an intraofce cost transfer within the Minneapolis Division based upon existing

stafng needs, available transfer funding, and the concurrence of the SAC, Minneapolis. This will

be accomplished by submitting an EC from the SAC, Minneapolis to the Administrative Services

Division no sooner than 90 days prior to the Agent's ve-year anniversaly date or at any time

thereafter. Transfer orders will be issued no sooner than 60 days prior to the Agent's ve-year

anniversary.

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 b! After serving five continuous years in one of the above RAs, Agents not choosing to transfer to

Minneapolis Headquarters or another RA within the division, will be afforded a ONE-TIME

opportunity, either on this anniversary date or at any time thereafter, for transfer to one of three

offices selected by the Administrative Services Division based upon existing staffing needs and

available transfer funding. Every effort will be made to provide a choice of offices located within

the region of the Agent's PRL; however, selections will be based strictly on FBI staffing needs.

This will be accomplished by submitting an EC from the SAC, Minneapolis to the Administrative

Services Division no sooner than 90 days prior to their five-year anniversary date or at any time

thereafter. The EC should contain a statement regarding the Agent's investigative background and

specialties. At that time, the Agent will be provided a list by the Transfer Unit of available offices

from which to make a selection for transfer. Transfer orders will be issued no sooner than 60 days

prior to the Agent's five-year anniversary. Agents will not be permitted to officially depart

Minneapolis under transfer until having reached their five-year anniversary.

 c! This policy does not preclude an Agent from being granted an Executive Development and

Selection Program EDSP!, Personnel Resource List PRL! or rotational transfer, if eligible, in

conformance with existing policy.

 d! Agents who were assigned to one of these RAs prior to the implementation of this policy may

nevertheless take advantage of this new policy upon the anticipated completion of five continuous

years in one of these RAs. An EC should be prepared as outlined above in paragraphs a! or b!.

 e! The benefits referred to in a! and b! above do not apply to Minneapolis Agents whose transfer

orders were dated after August 6, 2001.

11-3.8 Transfer Policy - Nonconus Offices Formerly 11-3.2.! See 11-3.!

! SAN JUAN OFFICE See MAOP, Part 1, 3-2.19.!

 a! SA staffing and specialty needs of the San Juan Office will be addressed by rotational and PRL

transfers, as well as fieldwide canvasses for volunteers generally, first office Agents will not be

assigned to the San Juan Office!.

 b! SAs assigned to San Juan will be required to serve a minimum of three continuous years and

will thereafter qualify for rotational or PRL transfer under the following policy. Agents who elect

to remain in San Juan must extend for one-year increments and advise FBIHQ, through the SAC,

three months prior to their anniversary date.

l. THREE-YEAR POLICY: An Agent electing to serve only three continuous years in San Juan

will be able to select his/her next office of assignment from five offices identified by the

Administrative Services Division ASD!. These offices will be identified based upon field office

staffing needs.

2. FOUR-YEAR POLICY: Agents electing to serve four continuous years in San Juan will be able

to select from seven offices identified by ASD.

3. FIVE-YEAR POLICY: Upon completion of five continuous years in San Juan, a.nd achieving a

rating of "Meets Expectations" on the most recent performance appraisal, Agents will receive a

transfer to their LISTED PRL irrespective of prior assignment or eld office staffing levels. The

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Agent's RAs of preference, if any, will also be considered with the concurrence of the affected SAC

based upon existing staffing needs.

Alternatively, Agents who have served at least five continuous years in San Juan and who have not

previously received a PRL transfer, will be afforded upon their request a ONE-TIME opportunity

for a transfer to one of seven offices selected by ASD. In the event an Agent declines a transfer

offer pursuant to this aspect of the Five-Year Policy, he/she remains eligible for a PRL transfer as

set forth in this section.

 c! Notwithstanding San Juan policy set forth above, any Agent who accrues SUFFICIENT

SENIORITY for a PRL transfer to his/her office of choice while assigned to San Juan will be

considered eligible for same, provided the Agent has been assigned to San Juan for a minimum of

ONE year and was transferred to San Juan on or BEFORE December 4, 1996. Agents transferred to

San Juan AFTER December 4, 1996, who accrue sufficient seniority for a PRL transfer to their

office of choice while assigned to San Juan will be considered eligible for same, provided the

Agent has been assigned to San Juan for a minimum of THREE years. This conforms with the

standing requirement that all Agents transferred to San Juan must agree to serve a minimum of

three years. Orders will be issued as soon as possible by ASD for Agents in San Juan who qualify

for a PRL transfer under this provision.

 d! It is incumbent upon the SAC, San Juan, to advise ASD, FBIHQ, by official communication

approximately 90 days prior to the completion of an Agent's current tour if a.n Agent does not wish

to renew his/her assignment. At that time, ASD will provide the Agent a list of available offices

from which to make a selection for transfer. Upon selection of an office under the three- or fouryear policy, or a PRL under the five-year policy, transfer orders will be issued and received by San

Juan 60 days prior to the Agent's San Juanniversary date. Agents accepting a transfer under the

three-, four-, or five-year policy will not be permitted to depart San Juan until the required term of

assignment is completed.

 e! Agents who receive a PRL transfer to San Juan Headquarters City will be required to remain in

this assignment for a minimum of ve years prior to being considered for a second PRL transfer.

 f! Once official transfer orders are issued, there will be no cancellations or attempts to enhance

selection of assignment.

 g! Agents assigned to San Juan, who were transferred under the previous policy may elect to

remain within the guidelines of that transfer policy.

! ANCHORAGE AND HONOLULU OFFICES

 a! After serving ve continuous years in the Anchorage or Honolulu Divisions, Agents who

received a PRL transfer are eligible for a second PRL transfer, consistent with their seniority

ranking and existing staffing needs.

 b! After serving five continuous years in the Anchorage or Honolulu Divisions, first office Agents

will be afforded a ONE-TIME opportunity, either on this anniversary date or at any time thereafter,

for transfer to one of three offices selected by ASD based upon existing staffing needs and

available transfer funding. Every effort will be made to provide a choice of offices located within

the region of the Agent's PRL; however, selections will be based strictly on FBI staffing needs.

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This will be accomplished by submitting an EC from the SAC, Anchorage or Honolulu to ASD no

sooner than 90 days prior to their five-year anniversary date or at any time thereafter. The EC

should contain a statement regarding the Agent's investigative background and specialties. At that

time, the Agent will be provided a list by the Transfer Unit of available offices from which to make

a selection for transfer. Transfer orders will be issued no sooner than 60 days prior to the Agent's

five-year anniversary. Agents will not be permitted to officially depart either division under transfer

until having reached their five-year anniversary.

 c! This policy does not preclude an Agent from being granted an EDSP, PRL or rotational transfer,

if eligible, in conformance with existing policy.

! SAIPAN AND GUAM RESIDENT AGENCIES - HONOLULU DIVISION

 a! After serving three continuous years in the Saipan or Guam Resident Agencies RAs!, first

office Agents will be considered, either on this anniversary date or at any time thereafter, for an

intraoffice cost transfer to Honolulu Headquarters City based upon existing staffing needs,

available transfer funding, and the concurrence of the SAC, Honolulu. This will be accomplished

by submitting an EC from the SAC, Honolulu to ASD no sooner than 90 days prior to the Agent's

three-year anniversary date or at any time thereafter. Transfer orders will be issued no sooner than

60 days prior to the Agent's three-year anniversary. First office Agents who choose to transfer to

Honolulu Headquarters City pursuant to this policy will be required to remain in that assignment

for five years.

 b! After serving three continuous years in one of the above RAs, first office Agents not choosing

to transfer to Honolulu Headquarters City, will be afforded a ONE-TIME opportunity, either on this

anniversary date or at any time thereafter, for transfer to one of three offices selected by ASD based

upon existing staffing needs and available transfer funding. Every effort will be made to provide a

choice of offices located within the region of the Agent's PRL; however, selections will be based

strictly on FBI staffing needs. This will be accomplished by submitting an EC from the SAC,

Honolulu to ASD no sooner than 90 days prior to their three- year anniversary date or at any time

thereafter. The EC should contain a statement regarding the Agent's investigative background and

specialties. At that time, the Agent will be provided a list by the Transfer Unit of available offices

from which to make a selection for transfer. Transfer orders will be issued no sooner than 60 days

prior to the Agent's three-year anniversary. Agents will not be permitted to officially depart these

RAs under transfer until having reached their three-year anniversary.

 c! After serving five continuous years in one of the above RAs, first office Agents will be afforded

a ONE-TIME opportunity, either on this anniversary date or at any time thereafter, for transfer to

one of five offices selected by the ASD based upon existing staffing needs and available transfer

funding. Every effort will be made to provide a choice of offices located within the region of the

Agent's PRL; however, selections will be based strictly on FBI staffing needs. This will be

accomplished as set forth above in subsection b!.

 d! None of the transfer options set forth in subsections a!, b!, or c! above, will be considered

PRL transfers.

 e! After serving three continuous years in one of the above RAs pursuant to a PRL transfer, Agents

will be afforded a ONE- TIME opportunity, either on this anniversary date or at any time thereafter,

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for transfer to one of three offices selected by ASD based upon existing staffing needs and

available transfer funding. Every effort will be made to provide a choice of offices located within

the region of the country selected by the Agent; however, selections will be based strictly on FBI

staffing needs. This will be accomplished as set forth above in subsection b!.

 f! After serving three continuous years in one of the above RAs pursuant to a specialty transfer,

Agents will be afforded a ONE-TIME opportunity, either on this anniversary date or at any time

thereafter, for transfer to Honolulu Headquarters City OR to one of five offices selected by ASD

based upon existing staffing needs and available transfer funding. Agents opting to transfer to

Honolulu Headquarters City will be expected to remain in that assignment for five years prior to

partaking in incentives received by Honolulu Headquarters City persomqel. If the latter option is

elected, every effort will be made to provide a choice of offices located within the region of the

country selected by the Agent; however, selections will be based strictly on FBI staffing needs.

This will be accomplished as set forth above in subsection a! or b! dependent upon which option

is elected.

11-3.9 Transfer Policy - Resident Agency Staffing See 11-3.!

! The intraoffice RA PRL was established, separate from the PRL, as a means for Agents to

express a desire to transfer to another location within their own field division. The preferred

location on the intraoffice RA PRL may be submitted, in writing, to the division head three times

per year, during the months of February, June, and October. The designated front office personnel

will then enter the preferences into the Bureau Personnel Management System. Selection for

transfer will be based on a field division career board recommendation to the division head, who

will make the final decision. See MAOP, Part 1, 11-3 !, for more information.

! Division heads may staff RAs located less than 50 miles from the division's Headquarters City

with on-board Headquarters City SAs at their discretion. The selection of SAs for intraoffice

transfers to these RAs must be based upon a field office career board recommendation to the

division head, who will make the nal selection see MAOP, Part 1, 3-3.1!. Selections must be

made in accordance with the division's computerized intraoffice RA PRL unless the reasons for a

deviation are documented and consistent with business necessity. Such transfers will ordinarily be

no-cost and the affected SA will NOT be paid travel and transportation expenses and applicable

allowances. The Transfer Unit, Administrative Services Division, must be advised of these

transfers through the submission of an FD-407 at least 30 days in advance of the effective date of

the transfer so that transfer orders may be prepared.

! As an altemative, division heads may request staffing for RAs located less than 50 miles from

the division's Headquarters City through a PRL, first office Agent or specialty see MAOP, Part 1,

11-11! transfer. Such requests should be made pursuant to the division's "Annual Field Office

Report." In the event a critical staffing need develops at other times during the year, a request for

staffing may be made through the submission of an interim EC directed to the Transfer Unit,

Administrative Services Division, Room 6313, FBIHQ.

! Division heads must request approval from the Administrative Services Division in staffing

RAs located 50 miles or more from the division's Headquarters City. Such requests should be made

pursuant to the division's "Annual Field Office Report" or through the submission of an interim EC

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directed to the Transfer Unit in the event of a critical staffing need. Requests for staffing of RAs

located 50 miles or more from the division's Headquarters City should include the division head's

analysis and recommendation regarding whether such a position would be best staffed by a PRL,

first office Agent or specialty transfer.

 a! In instances where a division believes that specific circumstances and/ or needs within that

division necessitate the intraoffice transfer of an SA to an RA located 50 miles or more from the

division's Headquarters City, the division head must receive authorization from the Administrative

Services Division prior to conducting a career board. Such authority should be requested by EC to

the Transfer Unit setting forth the specific basis for the request. Additionally, the EC should

indicate the number of SAs qualified for and interested in the RA assignment based upon the

division's intraoffice RA PRL and the circumstances andf or needs within the division. In such cases

the Administrative Services Division will make the nal decision regarding how the RA will be

staffed based upon input from the division head, input from the appropriate substantive FBIHQ

division if necessary!, a.nd the needs of the Bureau. In the event the Administrative Services

Division approves an intraoffice transfer under these circumstances, the selection must be made in

the same manner as described in ! above.

! Division heads must request approval from the Administrative Services Division before

effecting the intraoffice transfer of an SA from an RA to the division's Headquarters City in all

instances when the RA is located 50 miles or more from the Headqualters City. Similarly, transfers

of Agents between RAs located 50 miles or more from one another must be approved by the

Transfer Unit, Administrative Services Division. Such requests should be submitted by EC to the

Transfer Unit, Administrative Services Division, setting forth the basis for the proposed transfer.

! As necessary, the Transfer Unit, Administrative Services Division, will determine whether a

particular intraoffice transfer should be effected on a cost or no-cost basis pursuant to MAOP, Part

1, 11-10.

11-4 PERMANENT HARDSHIP TRANSFER REQUESTS AND PROCEDURES See

MAOP, Part I, 11-16.5!

Requests for transfer based on a hardship must be forwarded to FBIHQ through the employee's

SAC or division head. Documentation supporting the hardship and the recommendation of the SAC

or division head must accompany the request.

11-4.1 Medical Hardship See MAOP, Part I, 11-16.5.!

! A request for transfer based on a medical hardship must be forwarded to FBIHQ through the

employee's SAC or division head. Medical hardship transfer requests must be accompanied by

supporting medical documentation conditions existing prior to an employee's entry o duty will

generally not be considered of a hardship nature!. Hardship transfers may be granted, consistent

with staffing needs, for articulated medical reasons such as the need to be in a specific geographic

area or near a specific medical facility to address the health needs of the employee, spouse, child, or

legal dependent. Medical hardship requests are reviewed by the Chief Medical Officer CMO!,

FBIHQ, and in some instances by other specialists. Alternatives to a perrnanent transfer must first

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be examined, such as requesting a temporary hardship assignment. A permanent hardship transfer

request should not be the first course of action.

! The SAC or division head must interview the employee concerning the circumstances of the

hardship. Results of the interview with specic recommendation for action must accompany the

request.

! Medical hardship transfers are preferential in nature in that an Agent receiving same may be

transferred into a field office ahead of a more senior Agent who stands higher on the PRL. In light

of the preceding, a permanent hardship transfer will be designated as a PRL transfer and the Agent

will be ineligible for further PRL consideration.

The employee will be ineligible for a specialty or EDSP transfer if he/she is in receipt of a

permanent medical hardship transfer. If the employee requests removal of permanent hardship

status for medical reasons! a medical report and/or tests must accompany the request for

evaluation by the CMO, FBIHQ, if appropriate. Upon confirmation by the CMO for removal of the

hardship the employee can be considered for EDSP or a specialty transfer.

11-4.2 General Hardship See MAOP, Part 1, 11-16.5.!

! PARENTAL HARDSHIPS: Dealing with the infirmities attendant with the aging process is a

common experience to all employees with living parents and in-laws. As such, employees cannot

expect hardship transfers. The Administrative Services Division will, however, consider, with

concurrent SAC approval, on a case-by-case basis, consistent with staffing needs, affording

permanent hardship transfers due to parental illness, when the illness is of a life threatening nature

and creates an extraordinary medical hardship. In making a transfer determination the

Administrative Services Division will examine a number of factors to include, but not limited to:

whether a TDY hardship assignment will alleviate the hardship; the parent s!/in-law s! ability to

move to the location of the Agent; medical facilities available at the Agent's location; availability of

other family member s! to assist parent s!/in-law s!; availability of home care services and

assistance of long-distance care organizations.

! CHILD CUSTODY HARDSHIPS: In situations where FBI personnel, who are parents of minor

children, are divorced, subsequent to their entry on duty with the FBI, consideration will be given

to the issuance of child custody hardship transfers on a case-by-case basis. In instances wherein an

employee has court-ordered custody of, or visitation rights to, his/her children, limited to a specific

locale, the Transfer Unit will make every effort to approve a transfer, subject to staffing

requirements and the availability of funds. In all other instances, requests for transfers will be

adjudicated based upon the totality of the circumstances. If appropriate, the Transfer Unit may

consider a regional transfer as a means of addressing a child custody hardship transfer request.

The Transfer Unit will consider all pertinent facts in making transfer determinations, to include, but

not limited to: ! the well-being of the minor children; ! the employee's legal rights/obligations

to the children pursuant to a court order s! or a court-authorized custody agreement; and ! if

appropriate, the extent to which the employee contested the order granting custody. All requests for

transfers must be supported by appropriate documentation, such as pleadings, court orders, and/ or

medical/psychological reports.

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! FINANCIAL HARDSHIP: Financial problems generally will not substantiate a hardship

request, particularly when the basis is the inability to sell a residence in light of the transfer

relocation benets.

11-4.3 Hardship Transfer Review Board See MAOP, Part 1, 11-16.5.!

A Hardship Transfer Review Board HTRB! has been established at FBIHQ, and is chaired by the

Deputy Assistant Director of the Administrative Seryices Division. The Board is comprised of

ASACs and representatives selected at random on a rotational basis from FBIHQ divisions. When a

permanent hardship transfer request is denied, this decision may be appealed by submitting a letter

to the Administrative Services Division, FBIHQ, requesting that the transfer denial be reviewed by

the HTRB. The Board will review each case and submit a recommendation to the Assistant

Director, Administrative Seryices Division, for nal adjudication.

11-4.4 Deleted

11-4.5 Deleted

11-4.6 Deleted

11-5 TEMPORARY HARDSHIP TRANSFER REQUESTS AND PROCEDURES See

MAOP, Part 1, 11-16.5 and 11-17.!

! In instances where a temporary hardship assignment would address the employee's needs to

alleviate a personal hardship, a request ca.n be made to the Transfer Unit, Administrative Services

Division. The request must contain the recommendation of the employee's SAC or division head

and the concurrence of the SAC at the office of temporary assignment. Requests for temporary

hardship can only be made for a period of 30 days with limited 30-day extensions granted on a

case-by-case basis. Documentation in support of the temporary hardship must be reviewed by the

SAC or division head with an explanation of the basis for hardship in the request submitted to

FBIHQ.

! Temporary hardship transfers must be authorized by FBIHQ to ensure that appropriate changes

are made for the employee's cost code and time and attendance accountability.

! In the event that a temporary hardship assignment is granted, all expenses of same must be

borne by the employee inasmuch as no per diem or transportation expenses are authorized.

11-6 TRANSFER POLICY FOR MARRIED SPECIAL AGENT COUPLES AND FOR

SPECIAL AGENTS WITH NON-BUREAU SPOUSES

! All SAs, including married SA couples, must be available for general and special assignment.

! In assignments of Agent married couples, the Bureau will make every effort to preserve a

common household. Refer to Section 11-10.

! In assignments of Agents with non-Agent FBI employee spouses, everyeffort will be made to

provide the non-Agent FBI employee spouse with FBI employment opportunity in the new office if

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such is requested; however, no guarantee as to employment, grade level, and positions available

can be made.

! Married Agent couples will not be considered for a PRL transfer to the same office, utilizing

either joint eligibility or separate eligibility methods, unless both Agents list that division on the

PRL. If the Agent indicates a desire to be transferred using the joint eligibility method, he/ she will

be passed over on the PRL until both Agents names appear on the same PRL. In determining

seniority for PRL transfer purposes for married Agent couples, the couple may choose joint PRL

eligibility by EOD averaging. This method guarantees a "common household" PRL transfer - both

would be transferred together.

! In the case of a preference for a particular RA vacancy, both Agents must have listed that RA to

be considered in the initial canvass of the PRL by the Transfer Unit. Stafng of an RA with a

married Agent couple will be contingent upon the staffing needs of the RA and the authorized

complement as determined by the SAC/ADIC and the Administrative Services Division.

! Married Agent couples may choose separate PRL eligibility based on their own EODs. Under

this method, each Agent must qualify for a PRL transfer based solely upon his/her own seniority.

Subsequently, if the Agent accepts a PRL transfer utilizing this separate PRL eligibility method,

any resulting separation will not be the basis for "common household" or hardship transfer

consideration.

! Married Agent couples need not preselect one eligibility method. Rather, they may choose

either the joint or the separate method at the actual time they qualify for PRL selection. In the event

that one of the Agents has received a PRL transfer during his or her career, the married Agent

couple MUST select the separate PRL eligibility based solely on the EOD of the Agent who has not

received a PRL. The spouse will be accommodated through a no-cost common household transfer.

 8! Due to the large number of employees with working spouses, requests for transfer or for

transfer cancellation based upon the outside employment of an Agent's non-Bureau spouse are

considered preferential in nature and will not be approved regardless of the spouse's income, career

advancement, or restricted geographic employment of the spouse.

An exception to this policy will be considered only if the spouse is employed by another DOJ law

enforcement agency. In these instances the transfers will be at no-cost to the Bureau, as described

below in connection with no-cost transfers. See 11-10.!

11-7 REMOVAL FROM EXECUTIVE DEVELOPMENT AND SELECTION PROGRAM

 EDSP! See MAOP, Part I, 3-6.1, 3-7.1 and 11-3.!

! All Supervisory Special Agents SSAs! who request removal in writing from the EDSP will be

afforded a PRL transfer only if that Agent is eligible for a PRL transfer, is number one on the PRL

for the desired office, has not received a cost transfer within the past year, and a staffing need exists

! An SSA assigned to FBIHQ who requests removal in writing from the EDSP and does not

qualify for a PRL transfer as set forth in ! above, will be reverted to a GS-13 and transferred, at

no cost to the government, to Washington Field Office or Baltimore unless staffing needs dictate

otherwise! and, thereafter, be afforded the same PRL considerations as any other Agent.

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! An SSA assigned to a eld division who requests removal in writing from the EDSP and does

not qualify for a PRL transfer as set forth in l! above, will remain assigned, in an investigative

capacity, in that same division with the same PRL eligibility as any other Agent a.nd revert to a GS13.

! Under exceptional circumstances and where critical operational/ administrative needs dictate, an

SSA assigned to FBIHQ who requests removal in writing from the EDSP but does not stand

number one on the PRL for the desired office, or that office does not have a current staffing need,

may request removal from the EDSP and remain in his/her current assignment until attaining

number one standing on the PRL and a staffing need exists in the respective office; otherwise,

he/ she will be transferred in accordance with ! above. This is contingent upon the approval of the

division head and concurrence of the Special Agent Mid-Level Management Selection Board. The

Agent will not be considered for further administrative advancement and will not be allowed to

apply for positions in the EDSP while awaiting movement into the desired office.

! Requests by SSAs for removal from the EDSP should be forwarded through the employee's

SAC or division head to the Administrator, EDSP, with a copy to the Transfer Unit. The request

must contain the statement that the SSA is willing to accept a reduction in grade in connection with

the request, if appropriate. An SSA requesting removal from the EDSP resulting from the directed

transfer of his/her Bureau-employed spouse must also be willing to accept a reduction in grade,

however, may remain in the EDSP as a relief supervisor.

11-3 UNDERCOVER TRANSFER POLICY

 l! Selection of Undercover Agents UCA! will continue to be made by the Criminal Investigative

Division CID! and the National Security Division NSD!. Upon identication of candidates for a

particular assignment, the Administrative Services Division will review the selections for transfer

eligibility. After the Administrative Services Division's review, CID or NSD will select the UCA

for the assignment and, thereafter, make recommendations to the Administrative Services Division

regarding transfer of that individual depending on the particular o eration and duration of the assignment After iundercover operation,

s authorized, consideration will be given to pennanently transfer the

UCA to that office takin into account staffing a.nd budgetary considerations. In intelligence undercover operationslj

! Upon completion of an undercover assignment or termination of an operation, CID or NSD may

make recommendations for transfer of the UCA:

al l

<1»! I

<@1 I

! If transfer is deemed appropriate, the Agent will be afforded a PRL transfer provided he/ she is

net #1 on the PRL and a staffing need exists. If the Agent does not qualify for a PRL transfer, the

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Administrative Services Division will make a selection for transfer assignment based on staffing

requirements.

! A PRL transfer will not be used as a reward in connection with undercover assignments.

! An Agent will generally be eligible for transfer into an undercover role after completing four

years in the Agent's current office of assignment. An Agent will be ineligible for transfer into an

undercover role if the Agent has consummated a cost transfer within the past year.

11-9 AMENDED TRANSFERS See MAOP, Part ll, 1-3.3.!

An amended transfer from Headquarters City to an RA does not constitute a second full-cost

transfer, but is rather a continuation of the original transfer. Therefore, it is necessary that the SAC

endeavor to make a decision to amend the pending tra.nsfer of an Agent directly to an RA before the

Agent reports to the division or, in the case of a new Agent, before the Agent graduates from new

Agents training. In the event further evaluation is believed necessary, this decision may be deferred

but should be submitted no later than 30 days following the Agent's arrival in the division. The

Agent should be advised that his/her transfer may be amended, and this notication documented, so

that appropriate arrangements may be made. It is also necessary to ensure that an Agent does not

incur unnecessary and possible nonreimbursable expenses in connection with his/her relocation.

11-10 COSTINO-COST TRANSFER DETERMINATIONS See MAOP, Part 1, 11-3.9 and

1 1-6

! Ordinarily, upon being transferred from one official duty station to another for permanent duty,

SAs shall be paid travel and transportation expenses and applicable allowances only if: a! the

distance between the location of the old official duty station a.nd the new official duty station is at

least 50 miles AND, in the case of an intraoffice transfer, b! the one-way commuting distance from

the old residence to the new official duty station is at least 10 miles greater than the one-way

commuting distance from the old residence to the old official duty station OR the one-way

commuting time from the old residence to the new official duty station is at least 45 minutes greater

than the one-way commuting time from the old residence to the old official duty station. Official

mileage determinations will be made by the Transfer Unit, Administrative Services Division, based

upon a computer database utilized by both the Administrative Services Division and the Finance

Division. In instances wherein a.n SA's commute will be increased by more than 45 minutes, it is

incumbent upon the division head to provide verification of the impact of the transfer on the SA.

! No-cost transfers generally will not be approved because of their adverse impact upon other

transfer policies. Exempt from this policy are "Permanent Common Household SA Couples. FBI

Agents who are partners in a "permanent common household" may request a no-cost transfer to one

of the Divisions where the agents are assigned. Upon certification of such a relationship, a no-cost

common household transfer will be afforded. The office to which the agents are ultimately

assigned will be determined by the ASD based upon the existing staffing needs of those offices,

current transfer policy and any other factors deemed pertinent by the ASD.

"Permanent common household" means:

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A. A marriage supported by a license which evidences same; or

B. An exclusive, interdependent relationship of partnership between the employees, in which the

employees intend to maintain and, to the extent practicable, cohabit a common household until the

death of one of the parties.

For purposes of this section, the following denitions are applicable:

"Exclusive" means that the relationship is limited to the two employees involved and that

neither is involved in a similar relationship with another.

"Interdependent" means that each partner has committed to providing lifelong care and support

to the other partner without compensation.

Specically excluded from these denitions are familial relationships wherein the parties are

related by blood and/or a degree of closeness that would prohibit legal marriage in the state s! in

which the parties legally reside and/or where the parties may be transferred.

Proof of relationships as dened in item B above must also include statements notarized and made

under penalty of perjury, that establish the requirements above and that establish specic, objective

facts showing the existence and duration of that relationship. Such facts must be corroborated by

copies of relevant documents. Objective facts showing such relationships must include matters

such as the following:

 l! A bona de marriage engagement supported by sworn statements from both partners; or,

! A civil union establishing rights, obligations, and protections equivalent to marriage

under the laws of a state, supported by a license or state issued certicate which evidences the civil

union; or

! Joint ownership of the residence of at least one of the employees; or,

! Intermingling or co-ownership of other substantial property, such as joint bank accounts

or investments in which substantial amounts of money are deposited; or,

! Cohabitation for an extended period of time consistent with item B; or,

! Designation of the partners as primary beneciaries or representatives in wills, durable

powers of attorney, life insurance, and similar documents.

The facts establishing a relationship as defined above must have substantially pre-dated any recent

notice of transfer and the request for the CHT, and must not be for the purpose of obtaining a

common household transfer. Employees are also reminded that false statements made and/or

submitted in conjunction with this policy will be sufcient predication for appropriate

administrative action.

Unmarried partners should be aware that they are not considered "spouses" or "family members"

for purposes of transfer benets as discussed in REF MAOP PROVISIONS!.

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! Agents married to employees of other DOJ law enforcement agencies may, at their request,

receive a no-cost common household transfer to a eld office Where their spouse is assigned,

consistent with staffing needs. The other DOJ law enforcement agency's ability to transfer the

spouse Will also be considered in these situations.

! If an FBI Agent receives a directed transfer, his/her Agent spouse may, at their request, receive

a no-cost common household transfer to accompany their spouse.

! FBI SAs married to employees of other DOJ law enforcement agencies may, at their request,

receive a no-cost common household transfer, consistent with staffing needs, to accompany their

spouse WllO has received a directed transfer.

11-11 SPECIALTY TRANSFERS See MAOP, Part 1, 11-3.9.!

! Specialty needs of the field offices are generally identified by the ADIC/ SAC through the

Annual Field Office Report. For essential skills that arise through personnel transfer, retirement, or

other circumstances, the division head may make a separate specialty request to the Transfer Unit.

An employee who receives a specialty transfer will be expected to serve in that capacity for at least

three years at the discretion of the division head.

! The following categories will be considered for specialty transfers:

 a! Bureau Pilot-In-Command PIC!;

 b! Technically Trained Agent TTA!;

 c! Special Agent Linguists;

 d! Special Agent Accountant SAA!

Effective July l, 1996, the category of Principal Legal Advisor PLA! was eliminated from the list

of certified specialties. Now considered the Chief Division Counsel CDC!, these GS-14 positions

all come under the purview of the EDSP and the Office of the General Counsel OGC!. As such,

these transfers will no longer be considered as specialties under this category.

! An Agent Will generally be eligible for a specialty transfer after completing four years in the

Agent's current office of assignment. An Agent Will be ineligible for a specialty transfer if the

Agent has consummated a cost transfer Within the past year. Specialty transfer needs will generally

be filled by the same method described in MAOP, Pait l, ll-3.2.

! It is the responsibility of the individual Agent and appropriate program managers to ensure that

Agents who qualify for the above specialties have the appropriate information included under

"skills" in their current information in BPMS. Failure to maintain the necessary accreditation or

failing to update the information maintained in BPMS Wlll result in a specialty designation not

appearing on the published PRL.

! Deleted

11-11.1 Special Agent Linguists

! In considering Special Agent Linguists for transfer, eligibility will be based on the Agent's valid

oral language proficiency of 2+ or higher and the concurrence of the appropriate FBIHQ program

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managers and the Language Training and Assessment Unit LTAU!, FBIHQ, concerning the

office's need for a specic language skill.

! To qualify for a PRL specialty transfer, Special Agent Linguists With an oral prociency of 2+

must be tested by the LTAU once a year. Oral proficiencies of 3 or 3+ require testing every three

years. Oral proficiencies of 4, 4+, and 5 require testing every five years.

! To be considered for a PRL transfer as a Special Agent Linguist, and to have the designation

appear next to an Agent's name, the Agent must meet the minimum oral proficiency requirement

and the required testing criteria established by the LTAU. It is the responsibility of the Agent to

ensure that his/her appropriate test scores have been entered and that he/she has been tested as

required by the LTAU.

! In the event of a critical staffing need for Special Agent Linguists which necessitates the use of

an NVRT, an oral la.nguage proficiency of 2 or higher recorded at any time during a.n Agent's

career! Will qualify the Agent for consideration.

11-11.2 Technically Trained Agent TTA! Program See MIOG, Part 2, 16-7.2.3.!

The selection of candidates to fill TTA vacancies will be accomplished through fieldwide

advertisements of the vacancy. Transfer Unit Will furnish the Operational Technology Division,

Technical Operations Section, a list of candidates who have expressed an interest in the TTA

vacancy. The Operational Technology Division, Technical Operations Section, Will, thereafter,

evaluate each candidate and make its recommendation to Transfer Unit for the best qualified TTA

to fill the vacancy.

11-11.3 Moved to 11-14.3

11-11.4 Moved to 11-14.4

11-11.5 Moved to 11-14.5

11-11.6 Moved to 11-14.6

11-11.7 Moved to 11-14.7

11-11.8 Moved to 11-14.8

11-12 HOSTAGE RESCUE TEAM HRT! TRANSFER POLICY See MIOG, Part 1, 244-

7.!

The following procedures for transfer are available to HRT members designated as Operators.

 l! Agents who are selected for HRT and have completed the four-year commitment, as an

Operator, have the following transfer options:

 a! To report to WFO as part of the Agent Work complement.

 b! If number one on the PRL, Will be afforded a PRL transfer to that office consistent With staffing

needs and budgetary restraints.

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 c! Accepting a specialty transfer other than an HRT specialty transfer consistent with eldvvide

operational needs such as undercover assignments!, or promotional opportunities available to SAs

of the FBI.

 d! After completion of four years as an HRT Operator, SAs will be afforded the opportunity to

accept the HRT specialty transfer to any eld office, based on the operational/specialty needs of

that office. Agents eligible for an HRT specialty transfer based on the operational needs of a eld

office Wlll be selected from qualied team members on the PRL, based on the recommendation of

the HRT management, consistent with the stafng needs of the HRT. In the event a qualied a.nd

recommended HRT team member cannot be found on the requesting office's PRL, the HRT

specialty transfer Will be offered to other HRT members under the same criteria. The HRT member

transferred under these terms Will not be considered as having received a PRL transfer, and the

Agent Will maintain his/her PRL eligibility. Prior to the issuance of such a transfer, a eld office

must have a documented critical need for an HRT-trained Agent.

 e! In the event no current HRT member is available for a specialty transfer, the requesting field

office will be offered assistance by the HRT in training available eld ofce personnel in needed

HRT proficiency. This will be accomplished consistent with HRT availability.

! Agents Who have successfully completed a ve-year assignment as an HRT Operator Will have

the following options in addition to those set above:

 a! At the conclusion of a.n Agent's fth year of service on the HRT, consistent with budgetary

considerations, Agents Who desire to do so Will be transferred back to their previous ofce of

assignment, irrespective of staffing vacancies in that particular division. This option will not be

considered a PRL transfer.

 b! At the conclusion of an Agent's fth year of service on the HRT, consistent With budgetary

considerations, he/she will be given a list of seven ofces that have a need for an Agent. The

Agent will be afforded the opportunity to receive a transfer to one of the seven ofces he/she

selects. The offer will not be considered a PRL unless so designated by the Agent transferred.

! Agents Who have successfully completed a six-year assignment as an Operator on HRT,

consistent with budgetary considerations, Will be eligible to receive a transfer to the ofce listed as

their PRL, irrespective of staffing vacancies in that particular division. The Agent's Resident

Agency of preference, if any, will also be considered, with the concurrence of the affected SAC,

based upon existing stafng needs.

! An Agent will generally be eligible for a transfer to HRT, as an Operator, after completing four

years in the Agent's current ofce of assignment. This requirement may be Waived, on a case-bycase basis, by the Transfer Unit.

11-12.1 Moved to 11-15.1

11-13 SPECIAL AGENT REINSTATEMENT ASSIGNMENT POLICY See MIOG, Part 1,

s7-s.a !.!

Assignment of SAs who have been reinstated will be determined by the Transfer Unit based strictly

on the needs of the Bureau. The Agent Will be given the opportunity to indicate geographic

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preferences; however, ultimate assignment will be determined by the staffing needs of the field

ofces as well as the need for any skills the Agent may possess. First consideration will be given to

assign the Agent to his/her last office of assignment. Unique and unusual situations will continue to

be addressed separately and evaluated on a case-by-case basis; for example, reinstating an Agent

who qualifies for a PRL or who is married to an on-board Agent.

11-13.1 Moved to 11-16.1

11-13.2 Moved to 11-16.2

11-13.3 Moved to 11-16.6

11-13.3.1 Moved to 11-16.3.1.

11-13.4 Moved to 11-16.5

11-13.5 Moved to 11-16.5

11-13.6 Moved to 11-16

11-13.7 Moved to 11-16.7

11-13.8 Moved to 11-16.8

11-14 TRANSFER TO FOREIGN OFFICES, ANCHORAGE, HONOLULU AND SAN

JUAN - SPECIAL AGENT AND SUPPORT

11-14.1 Service Agreement FD-382! See Legal Attache Manual, 2-6.1 and 4-4.1.!

Employees selected for assignment in the offices set out below must execute a service agreement to

serve tours of duty as specified:

! Anchorage and Honolulu - Agents must serve two years with subsequent tours of one, two, or

three years at the employee's option.

! Legal Attache Offices - Agent and support personnel must serve an initial three-year tour of

duty with subsequent tours of one or two years at the employee's option. Assignment to high-threat

and/or hardship post so designated by the Department of State will be for a two-year period, and the

employee may request an additional tour of one, two, or three years.

FBIHQ must be informed of Legat employee's intention to request, or not request, an additional

tour of duty or extension of current tour at least one year prior to the date the employee completes

current tour of duty. FBIHQ must be informed of the employee's home leave and/or leave plans for

purpose of travel at least three months prior to employee's completion of atour of duty.

! San Juan - Agents - three years for initial contract, renewable annually thereafter. Agents are

entitled to receive home leave at the conclusion of their rst two years and after their third year.

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Agents who sign an agreement to remain a fifth year will also be entitled to home leave after their

fourth year.

! Anchorage, Honolulu, a.nd Sa.n Juan - Support Personnel - These transfers are pennanent

assignments. Employees must agree to remain in the service of the government for a specied

period not more than three years from the effective date of the transfer.

11-14.2 Execution of Service Agreement

 l! An original and two copies of the Service Agreement will be attached to the letter of transfer to

Anchorage, San Juan, Honolulu, and foreign offices. All must be executed and the original and one

copy should be returned to FBIHQ. The second copy should be retained in the field le.

! The Service Agreement must be executed by employee before the Bureau can pay any transferrelated expenses, including travel and transportation of employee, employee's family, and

household goods. The terms of the Service Agreement must be fulfilled before the Government will

pay return expenses. If the terms of the Service Agreement are not completed because of separation

from service, the reasons for separation must be beyond the control of the employee and agreeable

to FBIHQ before retum expenses are paid by the Government.

11-14.3 Annual Leave, Home Leave, and Tour Renewal Travel See Legal Attache

Manual, Part 1, 2-6.1 and 4-4.2.!

! A new Service Agreement must be executed by overseas personnel seeking an additional tour of

duty. The new agreement must be completed prior to the termination of the existing tour of duty.

Advise FBIHQ at least three months prior to completion of existing tour of employee's intention to

seek a.n additional tour and employee's planconcerning annual leave, home leave, and/ or tour

renewal travel.

! Employees and dependents are eligible for travel and transportation expenses to their actual

place of residence in the U.S. after completion of the agreed tour of duty and execution of an

additional Service Agreement for a subsequent tour. For detailed information concerning travel and

transportation allowances, see Chapter 302, Federal Travel Regulations.

! Employees assigned to foreign offices, who have completed 24 months of continuous service,

are entitled to additional leave, termed home leave. An employee who is eligible to take home leave

receives only the opportunity to take paid time away from the office, similar to annual leave. The

home leave benet does not include paid transportation. Employees earn home leave for each 12

months of service abroad. For details conceming home leave see the LEAVE POLICY MANUAL.

! In the event of any change of legal residence in the United States, employee must execute a new

Service Agreement showing that change which must be approved by the Bureau.

! Home leave is not required to be used strictly to retum to an employee's actual place of

residence in the U.S. Home leave is granted for use in the United States, the Commonwealth of

Puerto Rico, or a territory or possession of the United States, and during an employee's period of

service abroad, or within a reasonable period after a return from service abroad when it is

contemplated that the employee will retum to service abroad immediately or on completion of an

assignment in the United States.

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11-14.4 Physical Examinations

Support personnel transferred to San Juan and foreign offices must be afforded a physical

examination. Results of the examination and any special tests required by FBIHQ must reach the

Bureau prior to departure of employee to new office of assignment.

11-14.5 Cost of Living Allowance

Employees assigned to Anchorage, Honolulu, and San Juan are entitled to a cost of living

allowance not subject to federal income tax. The amount of allowance uctuates based on periodic

studies made bythe U.S. Department of Labor. Employees should contact FBIHQ, Payroll

Administration and Processing Unit,Finance Division, to determine the current allowance.

11-14.6 Transportation of Household Goods

Relocation Management Office, Fleet Management and Transportation Services Unit, Finance

Division, will handle necessary arrangements for transportation of household goods of employees.

For details, see Part II, 6-2.2.1 through 6-2.2.3, ofthis manual.

11-14.7 Checks and Bonds

In the event employee does not want checks and/or bonds forwarded to their home address, FBIHQ

Payroll Administration and Processing Unit, Finance Division, should be given instructions asto

their handling.

11-14.8 Income Taxes

Employee should be aware of regulations conceming payment of Federal and local income taxes.

Residence in a foreign country may not excuse employee from being taxed by authority covering

previous office of assignment. Immediately advise FBIHQ should a controversy arise with any

taxing authority.

11-15 TRAINING OF EMPLOYEES FOR FOREIGN ASSIGNMENT See MAOP, Part ||,

s-2.3.!

Material on living conditions in Honolulu, Anchorage, San Juan, and our foreign installations will

be fumished to the employee upon transfer. SAC should arrange for an employee under foreign

transfer to utilize local library facilities for appropriate books concerning the culture and

background of the country of assignment.

11-15.1 Training of Support Employees for Foreign Assignment

! Field Support Functions - Support employees selected for foreign assignment must, before their

departure, receive two full weeks training in field support functions. SACs should ensure that the

training afforded them is type they would need if they were assuming duties of Administrative

Officer in small- to medium-sized office and should encompass the following:

 a! Handling of mail including stamping, searching, matching, indexing, serializing, etc.!

 b! Opening and closing cases

 c! File reviews

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 d! Preparation of administrative report

 e! Preparation of expense accounts

 f! Handling and ling of SAC letters and SAC Memoranda

 g! Preparation of 1-A serials and bulky exhibits

 h! Tickler systems

 i! Maintenance, consolidation, and destruction of file

 j! Deleted

 k! Operation of duplication machine

! Preparation of vouchers connected with operation of official cars and maintenance of office fund

records

! Cryptographic systems - Employees under transfer to foreign offices will be given three to five

days training at FBIHQ in the operations and security of cryptographic systems.

! Brieng by SAC or division head at FBIHQ - For various reasons, it is not always possible to

bring field support personnel selected for foreign assignment to FBIHQ for briefing before their

departure. SACs should call employees attention to fact that while in foreign office of assignment

they will be known as an employee of the American Embassy, insofar as general public is

concerned, although official contacts of the office know of relations between Bureau and Legal

Attaches office.

! Conduct - It should be stressed that conduct abroad must be maintained at all times in

accordance with Bureau standards. In matters of conduct and dress, employees must adhere to good

taste within the standards of the country to which they are assigned. Inform employee that if

employee plans to take his/her personally owned automobile, uniform regulations maintained by

the U.S. Posts require that only inconspicuous automobiles should be imported.

! Instructions by Legal Attache - Legal Attaches are responsible to ensure new employees are

instructed in maintenance of teletype records, listing and preparation of pouches, security of

information pertaining to pouch preparation, maintenance of pouch records and use of courier

service. Legal Attache must also ensure new employee is afforded cryptographic systems training

and in the preparation, handling, and dissemination of classified documents. Legal Attache should

also instruct new employees in maintenance of security peculiar to the Attache operations,

including the use of the telephone, personal contact, disposal of trash, and social gatherings.

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11-15.2 Moved to 11-18.2

11-15.3 Moved to 11-18.3

11-15.4 Moved to 11-18.4

11-15.4.1 Moved to 11-18.4.1

11-15.4.2 Moved to 11-18.4.2

11-15.4.3 Moved to 11-18.4.3

11-15.4.4 Moved to 11-18.4.4

11-16 SUPPORT PERSONNEL TRANSFER POLICY

11-16.1 General Policy

! FBI support employees may be noncompetitively transferred to other eld ofces or FBIHQ

through the following methods:

 a! Support Employee Transfer Availability List SETAL! transfers.

 b! Bureau Spousal Transfers

! Non-Bureau Spousal Transfers

 d! Hardship Transfers

 e! Special Position Personnel Resource List PRL! Transfers.

Policies concerning competitively posted positions are contained in the MAOP, Part 1, Section 7,

captioned "Merit Promotion and Placement Plan."

! Under normal circumstances, entry-level general clerical vacancies are lled by local

recruitment and/ or through the use of the SETAL. The use of the SETAL to ll vacant clerical

positions is not mandatoly, but is highly recommended.

11-16.2 Support Employee Transfer Availability List SETAL! Transfers

! The SETAL is a list of support employees interested in being afforded a no-cost transfer, for

their personal convenience, between eld offices or between a field office and FBIHQ. The SETAL

may not be used for transfers between FBIHQ divisions, organizational components within a eld

ofce, or organizational components within an FBIHQ division or ofce. In the interest of

simplicity and equity, positions lled through the use of the SETAL are entry-level, general clerical

positions only.

! Eligibility - In order to be eligible for a SETAL transfer, a support employee must satisfy the

following criteria:

 a! One year's continuous service with the FBI.

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 b! A rating of "Meet Expectations" on his/her most recent performance appraisal.

 c! Agree to accept a demotion to an entry-level, general clerical position.

 d! Agree to bear all costs associated with the transfer.

 e! Agree to work whatever shift is required by the receiving office.

 f! Be able to report for duty within 90 days of the issuance of transfer orders.

! A support employee is ineligible for a SETAL transfer if:

 a! He/ She has consummated a SETAL transfer within the past one-year period.

 b! If the employee is censured and placed on probation, that employee will not be eligible for a

SETAL transfer as long as he/she is on probation. In aggravated situations involving any

disciplinary matter where administrative action is warranted, an evaluation will be made on a caseby-case basis to determine if the circumstances warrant exclusion from consideration for a SETAL

transfer.

Additionally, prior to effecting a SETAL transfer, the concurrence of the employee's division head

must be obtained. Exigent operational necessity may, at times, provide a temporary basis to

forestall the transfer or relocation of employees who possess critical skills. Release may also be

temporarily denied when granting the request would have a significant negative impact on

organizational efficiency or effectiveness. If a.n employee is denied release from his/her current

office for more than 30 days, pursuant to a SETAL transfer, the concurrence of the Transfer Unit

must be obtained.

! Requesting a SETAL Transfer

 a! Support employees are obligated to keep their SETAL preferences current and are only allowed

to designate, or change, their preferences during January and July. Only one office of preference

may be selected by each employee. Employees may also designate resident agencies RAs! of

preference, within their office of preference, or may designate RAs only, within their office of

preference.

 b! The designation of an office of preference and/or RA s! of preference on the SETAL must be

accomplished through the submission of an FD-817 to the Transfer Unit TU!, Operational Support

Section OS S!, Administrative Services Division ASD!.

 c! Support employees may remove their name from the SETAL at any time by submitting an FD817 to the TU, requesting that their name be deleted from the SETAL. In order to avoid a one-year

SETAL penalty, the request to remove a name from the SETAL must be received by the TU prior

to a transfer offer.

! SETAL Transfer Procedures

 a! Identification of Vacancies - Each field office or FBIHQ division which is below its authorized

support Funded Staffing Level FSL! may request the transfer of general clerical personnel to their

office by the submission of an EC to the TU, OS S,ASD. Offices may consider employees on the

SETAL together with those listed on their Bureau Applicant Availability List.

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 b! Upon the concurrence of the Resource Management and Allocation Board RMAB!, the

SETAL list for the requesting ofce will be reviewed and the most senior based upon Bureau EOD!

qualied employee on the SETAL will be offered a transfer. In instances where an office has

requested a particular entry-level skill, such as a Bureau-approved typist, the most senior qualied

employee on the SETAL with that skill will be offered a transfer. The employee must afrmatively

respond within three days, excluding weekends and holidays, of receiving an offer for a SETAL

transfer to remain eligible for transfer and avoid a one-year penalty.

 c! Upon receipt of SETAL transfer orders, the transferred employee may immediately compete or

otherwise be selected for other positions in his/her new office. Employees who take a demotion in

connection with their transfer are eligible to compete for positions at the highest grade level for

which they satisfy all minimum qualications e.g., an employee with one year at grade GS-8 who

demotes to a grade GS-4 position may be eligible to compete for grade GS-9 positions upon

transfer to the new ofce, if they possess the requisite knowledge, skills and abilities and

specialized experience!.

 d! If a support employee declines a SETAL transfer offer, he/she will receive a one-year penalty

from SETAL consideration, effective the date of the transfer offer declination. The receipt of the

one-year penalty will be conrmed in writing by the TU and include the date the one-year penalty

begins and expires. Support employees receiving a SETAL penalty may remain on the list, but will

not be considered for a SETAL transfer until the expiration of the one-year penalty.

11-16.3 Bureau Spousal Transfers

! A Bureau spousal transfer is the transfer of an FBI support employee in order to allow that

employee to maintain a common household with his/her FBI-employed spouse, who has been

transferred to a different commuting area. Additionally, Bureau spousal transfers may be requested

in order to allow two FBI employees to establish a common household upon their marriage or

commitment to marriage. Without exception, approvable Bureau spousal transfers will be effected

regardless ofan ofce's FSL.

! Requesting a Bureau Spousal Transfer

 a! In the case of a request for a Bureau spousal transfer in order to accompany a spouse who has

been transferred to a different commuting area, the affected employee should submit an electronic

communication EC! to the TU, OSS, ASD, requesting such a transfer. The EC should reference

the spouse's transfer by name, destination, and Transfer Cost Number. It should also state the

employee's willingness to accept a demotion to a.n entry-level position, if necessary, to bear all

costs associated with the transfer and to be available for assignment to any shift.

 b! In the case of a request for a Bureau spousal transfer in order to allow two FBI employees to

establish a common household upon their marriage or commitment to marriage, the employee

interested in a transfer to his/her spouse's or intended spouse's location should submit an EC to the

TU, OS S, ASD, requesting such a transfer. Proof of marriage or commitment to marriage and the

anticipated date of the marriage! should be provided with the EC. The EC should also state the

employee's willingness to accept a demotion to a.n entry-level position, if necessary, to bear all

costs associated with the transfer and to be available for assignment to any shift. The ASD will

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determine which office the employees will be assigned to, consistent with staffing needs of those

offices and the needs of the FBI. Transfers requested upon commitment to marriage will not be

granted more than 30 days prior to the scheduled wedding date. In the event that a proposed

marriage does not take place, the transferred employee will be required to return to his/her previous

office of assignment.

! Placement in other than entry-level positions will be at the discretion of the receiving office

based upon current vacancies. Additionally, upon receipt of Bureau spousal transfer orders,

employees may immediately compete for other positions in their new office.

11-16.3.1 Deleted

11-16.3.2 Deleted

11-16.4 Non-Bureau Spousal Transfers

! A Non-Bureau spousal transfer is the transfer of an FBI support employee in order to allow that

employee to maintain a common household with his/her non-FBI employed spouse. Non-Bureau

spousal transfer requests will be accommodated when possible. Non-Bureau spousal transfers are

contingent upon the approval of the RMAB. Non-Bureau spousal transfers will only be granted

based upon proof of marriage.

! Requesting a Non-Bureau Spousal Transfer

 a! Support employees may request a Non-Bureau spousal transfer through the submission of an EC

to the TU, OSS, ASD. The EC should state the employee's willingness to accept a demotion to an

entry-level position, if necessary, to bear all costs associated with the transfer and to be available

for assigmnent to any shift. Non-Bureau spousal transfer requests should not be submitted to the

TU more than 90 days in advance of the desired transfer date.

! Placement in other than entry-level positions will be at the discretion of the receiving office

based upon current vacancies. Additionally, upon receipt of Non-Bureau spousal transfer orders,

employees may immediately compete for other positions in their new office.

11-16.5 Hardship Transfers See MAOP, Part 1, 11-4, 11-4.1, 11-4.2, 11-4.3, 11-5, &

22-7.!

! Requests for hardship transfers must be forwarded to the TU, OSS, ASD, through the

employee's division head. Documentation supporting the hardship and the recommendation of the

division head must accompany the request. Additionally, all requests must contain a statement by

the support employee that he/she is willing to accept a demotion to an entry-level position, if

necessary, to bear all costs associated with the transfer and to be available for assignment to any

shift unless shift availability is precluded by the nature of the hardship!.

 a! Medical Hardships - Generally, conditions existing prior to an employee's EOD will not form

the basis for a medical hardship transfer. Medical hardship transfers may be granted, consistent

with staffing needs, for articulated medical reasons, such as the need to be in a specic geographic

area or near a specific medical facility to address the health needs of the employee, spouse, child, or

legal dependent. All medical hardship transfer requests must be accompanied by detailed

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supporting medical documentation provided by the employee. Such documentation must include a

diagnosis and prognosis for all medical conditions. Medical hardship transfer requests are reviewed

by the Chief Medical Ofcer CMO! at FBIHQ and in some instances by other specialists.

Alternatives to a permanent transfer must first be examined, such as requesting a TDY hardship

assignment. A medical hardship transfer request should not be the rst course of action.

 b! Parental Hardships - Dealing with inrmities attendant with the aging process is a common

experience to all employees with living parents and in-laws. As such, employees cannot expect

hardship transfers for these circumstances. The ASD will, however, consider, with concurrent SAC

approval, on a case-by-case basis, consistent with stafng needs, affording parental hardship

transfers based on parental illness, when the illness creates a signicant medical hardship. In

making a transfer determination, the ASD will examine a number of factors to include, but not

limited to: whether a TDY hardship assignment would alleviate the hardship; the parent s!/in-law s!

ability to move to the location of the employee; medical facilities available at the employee's

location; availability of other family members to assist parent s!/in-law s!; availability of home

care services and assistance of long-distance care organizations.

 c! Financial Hardships - Financial problems generally will not substantiate a hardship transfer.

However, requests will be reviewed on a case-by-case basis, with concurrent SAC approval, to

determine whether a transfer would help to alleviate the employee's nancial problems. Financial

hardship transfer requests must be accompanied by a professional written assessment of the

employee's nancial situation. The assessment must demonstrate the employee's inability to

function at his/her current location and provide a functional plan to aid the employee in attaining

nancial stability. Such an assessment may be obtained through a private nancial counseling

entity, a public na.ncial counseling entity or through the Employee Assistance Unit EAU!, ASD.

The nancial assessment should specically address how a requested transfer would help to

alleviate the employee's nancial problems. Consideration should also be given to what effect the

cost of the transfer and a potential demotion would have on the employee. Financial assessments

made by other entities will be reviewed by the EAU and in some instances by other specialists.

 d! Child Custody Hardships: In situations where FBI personnel, who are parents of minor children,

are divorced, subsequent to their entry on duty with the FBI, consideration will be given to the

issuance of child custody hardship transfers on a case-by-case basis. In instances wherein an

employee has court-ordered custody of, or visitation rights to, his/her children, limited to a specic

locale, the Transfer Unit will make every effort to approve a transfer, subject to stafng

requirements and the availability of funds. In all other instances, requests for transfers will be

adjudicated based upon the totality of the circumstances. If appropriate, the Transfer Unit may

consider a regional transfer as a means of addressing a child custody hardship transfer request.

The Transfer Unit will consider all pertinent facts in making transfer determinations, to include, but

not limited to: ! the well-being of the minor children; ! the employee's legal rights/obligations

to the children pursuant to a court order s! or a court-authorized custody agreement; and ! if

appropriate, the extent to which the employee contested the order granting custody. All requests for

transfers must be supported by appropriate documentation, such as pleadings, court orders, and/ or

medical/psychological reports.

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! Hardship Transfer Review Board - When a hardship transfer request is denied, the decision may

be appealed by submitting a letter, within l5 days of the denial, to the ASD, FBIHQ, requesting

that the transfer denial be reviewed by the support employee Hardship Transfer Review Board

 HTRB!. The HTRB has been established at FBIHQ, and is chaired by the Deputy Assistant

Director, Personnel Assistance and Facilities Management Branch, ASD. The HTRB is comprised

of Administrative Officers AOs! from local tield offices and representatives selected at random on

a rotational basis from FBIHQ divisions. The HTRB will review each case and submit a

recommendation to the Assistant Director, ASD, for nal adjudication.

11-16.6 Special Position Personnel Resource List PRL! Transfers See MAOP, Part

1, 22-5.4, 22-7.! Formerly 11-13.3!

Due to the unique nature of their positions, incumbents in the Special Surveillance Group SSG!

Program and the Language Specialist LS! Program are eligible for consideration for personal

convenience, no-cost, special position PRL transfers to offices of their preference. Special position

PRL transfers for the SSG and LS programs are administered by the respective Program Managers,

consistent with the following guidelines:

 l! A position in the desired office must be available.

! The Program Manager must reasonably expect to backfill the vacancy created by the employee's

transfer, if necessary, with a newly hired employee or through another no-cost transfer.

! Special position PRL transfers must be effected on a seniority basis pursuant to employees

length of service in the SSG or LS program. Once the employee has received a special position

PRL transfer, his/her seniority level in the program for future special position PRL transfer

consideration will be calculated from the effective date of his/her last special position PRL transfer,

rather than his/her overall time in the program.

! The Program Manager must maintain a formal list of personnel interested in special position

PRL transfers. The list must be updated at regular interyals, pursuant to procedures which must be

made known to all employees within the program.

! Eligibility - In order to be eligible for a special position PRL transfer, the support employee

must satisfy the following criteria:

 a! One year's continuous service with the FBI.

 b! A rating of "Meet Expectations" on his/her most recent performance appraisal.

 c! Agree to bear all costs associated with the transfer.

 d! Agree to work whatever shift is required by the receiving office.

 e! Be able to report for duty within 90 days of the issuance of transfer orders.

! A support employee is ineligible for a special position PRL transfer if:

 a! He/ She has consummated a transfer within the past three-year period.

 b! If an employee is censured and placed on probation, that employee will not be eligible for a

special position PRL transfer while on probation. In aggravated situations involving any

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disciplinary matter Where administrative action is warranted, an evaluation will be made on a caseby-case basis to determine if the circumstances Warrant exclusion from consideration for a special

position PRL transfer.

! Exigent operational necessity may at times provide a temporary basis to forestall the special

position PRL transfer or relocation of SSG or LS employees who possess critical skills. Release

may also be temporarily denied when granting the request would have a significant negative impact

on organizational efficiency or effectiveness. If an employee is denied release from his/her current

ofce for more than 30 days, pursuant to a special position PRL transfer, the concurrence of the

Transfer Unit must be obtained.

11-16.7 Bureauwide Posted Positions Formerly 11-13.7!

 l! Some key positions, such as Administrative Officer and Telecommunications Manager, are

required to be posted Bureauwide to ensure identifying a.n adequate pool of qualified candidates. In

the event a eld ofce is unable to identify an adequate pool of qualied candidates for other

critical positions, in the commuting area Where the vacancy is located, through internal posting

and/or external recruitment, FBIHQ will consider a request to announce the vacancy to all offices

in order to assist in lling such a position. Ofces should submit such requests to the Stafng Unit

 STAFU!, Human Resource Management Section HRMS!, ASD, FBIHQ. Any transfer resulting

from lling such vacancies will be considered in the best interest of, and for the convenience of, the

Bureau. See Part 1, Section 7, of this manual or the Merit Promotion and Placement Plan User's

Guide for guidance in determining the appropriate area of consideration for any support vacancy.

! In instances where the STAFU determines that there is inadequate justication to support a

Bureauwide posting, vacancies may be lled through internal no-cost postings or through external

recruitment. In such cases, the internal posting must specifically state that any resultant transfers

will be at no cost to the Bureau.

11-16.8 Payment of Transfer Expenses

Costs incurred in connection with transfers made for the convenience of the Bureau Will be bome

by the government, consistent with the Bureau's policy for cost/no-cost transfer determinations, as

set forth in MAOP, Part l, Section ll-l0. The vacancy announcement for a position lled through

a competitive action should indicate under what circumstances the selectee Will be eligible for

reimbursement of relocation expenses. Costs incurred in connection with transfers made for the

convenience of the employee will be borne by the employee e.g., SETAL transfers, Bureau

spousal transfers, Non-Bureau spousal transfers, hardship transfers, special position PRL transfers!.

11-17 TEMPORARY DUTY ASSIGNMENTS Formerly 11-14! See MAOP, Part 1, 7-20.!

 l! Circumstances under which temporary duty TDY! assignments for Special Agent SA! and/or

support personnel can be requested:

 a! Unique specialities which the requesting division is unable to address from Within its existing

complement, such as language ability.

 b! An investigation of such magnitude that the requesting division can justify additional personnel.

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! Requirements that must be met before requesting a TDY assignment. The only requirement

necessary in TDY requests for unique specialities is a demonstrated deficiency in that speciality.

Otherwise, the following requirements apply to TDY requests for additional investigative/support

personnel in cases of such magnitude wherein such assistance is deemed necessary. The requesting

division is to:

 a! Cancel all extended annual leave.

 b! Curtail in-service training during the pertinent period of time.

 c! Curtail the physical training program during the pertinent period of time consistent with

workload demands.

 d! Ensure all available personnel from the existing on-board complement are fully occupied on

priority work.

! Procedures for requesting TDY assignments. All requests must be supported by specic

documentation which should be communicated to FBIHQ at the earliest possible time. Whenever

there is an initial request for five or more TDY personnel in support of the same investigative

matter, approval must be obtained from the Executive Assistant Director with program

responsibility over the investigative matter in coordination with the Administrative Services

Division Transfer Unit!. Such authority must also be sought each time a request for less than five

TDY personnel increases the cumulative number of TDY personnel dedicated to an investigative

matter to more than five.

 a! The Transfer Unit TU!, Administrative Services Division ASD!, is to be advised of all Agents

designated for any operational TDY assignment in excess of seven calendar days. This will also

include TDY assignments to contiguous divisions and intradivisional TDY assignments on SAC

authority. This requirement is not applicable to travel outside of the division that is related to

Special Operations Group SOG! assignments, training, court appearances, or administrative duties

 b! Requests for TDY assistance from SA or support personnel are to be supported by specic

documentation and communicated to FBIHQ at the earliest possible date.

l. The communication is to be directed to the appropriate investigative division with a copy to TU,

ASD.

2. Deleted

3. Request for SAs with foreign la.nguage abilities are to be directed to the Language Services

Section, Office of Intemational Operations OIO!, with a copy each to the appropriate investigative

division and TU, ASD.

 c! Special Support Personnel:

Requests with appropriate documentation! are to be directed to the Program Manager in the

appropriate division, with a copy to the TU, ASD. Divisional responsibility is as follows:

Accounting Technicians - See Financial Assistants! Auto Maintenance Technicians - Fleet

Management and Transportation Services Unit, Finance Division Electronics Technicians -

Investigative Technology Division Financial Assistants/Financial Analysts - Financial Crimes

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Section, Criminal Investigative Division CID! Intelligence Information System Analysts -

Counterintelligence Division Intelligence Analysts for drug or organized crime cases - CID

Investigative Assistants IA! - CID Language Specialists - Language Services Section, OIO Legat

Personnel - OIO Pilots - Aviation and Special Operations Section, Critical Incident Response

Group CIRG! Special Surveillance Group S SG!, Special Operations Assistants SOA! -

Counterintelligence Division

 d! General Support Personnel:

Requests with appropriate documentation! are to be directed to the TU, ASD, and the proper

FBIHQ division with investigative and/ or administrative oversight for the matter creating the need

for assistance. Documentation should include steps taken by the division in an attempt to address

the work situation which has created the need for assistance. Once approved, the TU will

coordinate a canvass of pertinent divisions for available qualied personnel based on the expressed

needs of the requesting division. General support includes ofce automation clerks/assistants,

confidential clerks OA!, le clerks, Information Management Assistants, secretaries, data loaders,

etc.

! To ensure necessary administrative steps are taken within the automated Bureau Personnel

Management System, eld ofces and FBIHQ divisions requesting TDY general or special support

assistance should ensure that the TU, ASD, is properly notied of the dates the assignment begins

and ends. Requests for extensions for both SA and support TDY assignments should be submitted

as soon as possible, preferably 30 days in advance, to allow for appropriate notication of all

entities involved in administration of TDY assignments, e.g., Budget, Payroll, etc.

! Time and attendance responsibilities for TDY personnel should be assumed by the requesting

ofce upon arrival of TDY personnel and continue through the entire TDY assignment. Time and

attendance responsibilities will be reassumed by the home office on the rst day following the

conclusion of the TDY assignment. It is the responsibility of the requesting office to notify the TU

and the home office prior to or immediately following the conclusion of a support TDY assignment

to ensure administrative pay procedures are redesignated to the employee's official office of

assignment. However, if the TDY assignment is to FBIHQ/Legat for a field Agent GS-10 through

GS-13 or GS-14 Chief/Associate Division Counsel! or an investigative support employee who

TURKs, then the home office is responsible for the entry of the time and attendance and TURK

data.

! Overtime for special and general support personnel must be requested and approved in advance.

In the field these requests should be coordinated through the Administrative Officer's

administrative staff, who should direct requests to FBIHQ, Attention: Budget Execution Unit,

Finance Division.

! Travel costs and per diem will be at the expense of the requesting ofce in cases where

requested assistance is for the purpose of maintaining normal eld ofce operations. In the event of

a Major Case, Special Event or other signicant investigative and/or administrative matter where

the appropriate FBIHQ division has made arrangements for appropriations, travel expenses may be

covered by the Special Travel Reserve. In these instances, travel expenses will be charged to a

specic account number which will be provided by TU at the time all TDY arrangements are made.

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Failure to use this account number will result in all expenses being absorbed by the employee's

ofcial ofce's existing travel budget. There will be no recourse.

 8! Employees who will be on TDY in excess of 14 days, who do not have automatic deposit and

who desire their Earnings and Leave Record to be forwarded to their TDY ofce of assignment,

should execute Form FD-655 and submit to the Accounting Section, Payroll Administration and

Processing Unit, FBIHQ, as soon as possible. In those cases where time does not permit routine

submission of the FD-655, the employee must contact the Payroll Administration and Processing

Unit as soon as possible.

 9! All correspondence captions should include the phrase "Temporary Assistance TDY!," with

reference to pertinent case title s!, eld office le number s! or Universal Case File Number and/ or

FBIHQ le number, if known. SSG/SOA correspondence must include the case title.

Correspondence in response to a canvass or ongoing TDY assignment should include the

employee's official Bureau name, specialty, title, and social security number. In all cases, the

designation of copies should include the Administrative Officer.

It is recommended that divisions establish administrative control les to track all TDY requests for

assistance as well as assistance provided to other divisions of special and/or general support

personnel.

0! Personal convenience/hardship TDY assignments for SUPPORT PERSONNEL will continue

to be considered on a case-by-case basis and should be coordinated with TU, ASD. All travel and

per diem costs associated with this type of assignment are at the expense of the requesting

employee. Such assignments are normally arranged for an initial period of up to 30 days, but can be

for a shorter period. Extensions of up to 30 additional days will be considered based on the

individuals situation and the needs ofboth ofces. See MAOP, Part 1, 11-5.!

11-17.1 Procedures for Recording Interest in TDY Assignments to Legal Attache

 Legat! Offices Formerly 11-14.1!

SA and/or support personnel who are interested in TDY assignment to a Legat ofce should

prepare a Form FD-826 to their immediate supervisor expressing their interest. The FD-826 should

include specic skills, language ability, etc., that the employee possesses which would be

benecial in a Legat ofce and should also specify which area of the world the employee is

interested in sewing i.e., Far East, Europe, or the Americas!. It will be left to the discretion of each

supervisor which FD-826's are forwarded to the SAC or Assistant Director for review and nal

approval. Once approved by the SAC or Assistant Director, the employee's name should be

forwarded to the Division's Administrative Ofce for entry into the Bureau Personnel Management

System BPMS!. The Liaison and International Affairs Section LIAS!, Criminal Investigative

Division, which manages Legat operations, will run periodic reports of employees expressing

interest in foreign TDY assignment and, when a Legat requires TDY assistance, will contact the

appropriate SAC or Assistant Director to determine the availability of qualied employees who

have expressed an interest in that particular Legat ofce.

SENSITIVE

39
SENSITIVE

Man]-ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

11-18 DETAIL ASSIGNMENTS OF EMPLOYEES OUTSIDE THE FBI Formerly 11-15!

The Office of Personnel Management OPM! and Department of Justice DOJ! require prior

approval before an employee may be detailed to another position, particularly if the employee is

being detailed from an excepted service position to a competitive service position. This approval

requirement is mandated by Civil Service Rule 6.5 which stated that "No person Who is serving

under an excepted appointment shall be assigned to the Work of a position in the competitive

service Without prior approval of OPM." See MAOP, Part I, 1-28, for conduct of employees on

detail.!

11-18.1 Details Within the DOJ Formerly 11-15.1!

 l! If the position to which the FBI employee is to be detailed is another excepted service position,

details can be made in 120-day increments up to a maximum total detail of one year. Extensions

beyond one year Will then require prior OPM approval.

! If the position to which the FBI employee is to be detailed is a competitive service position,

prior OPM approval of the proposed detail is required.

11-18.2 Details Outside the DOJ Formerly 11-15.2!

Any proposed detail or extension of same! of an FBI employee to an organization outside the DOJ

for 30 days or more must be submitted for approval of the Deputy Attomey General DAG!

through the Justice Management Division, DOJ.

 l! If the position to which the FBI employee is to be detailed is another excepted service position,

only the DAG approval is necessary.

! If the position to which the FBI employee is to be detailed is a competitive service position,

prior OPM approval of the proposed detail is also required.

11-18.3 Procedures for Approval Formerly 11-15.3!

 l! In order to determine What approval is required, it will be necessary to obtain an official

position description from the agency to which the employee is being detailed. This position

description must be reective of the duties the employee Will be performing with the other agency

and should indicate Whether the position is in the excepted or competitive service.

! Requests for approval must be submitted to the Staffing Unit, Human Resource Management

Section, Administrative Services Division, With sufficient time to seek the appropriate approval

from either DOJ or OPM. DOJ approvals average three Weeks. OPM approvals usually take longer.

! To alleviate problems conceming the information needed to detail an employee, the following

must be provided to Staffing Unit, Administrative Services Division:

 a! The employee's official Bureau name, title, and grade.

 b! The name of the organization to which the detail is proposed.

 c! The proposed beginning and ending dates of the detail.

SENSITIVE

40
SENSITIVE

Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

 d! An official position description from the agency to which the employee is being detailed. This

position description must be reective of the duties the employee will be performing with the other

agency a.nd should indicate whether the position is in the excepted or competitive service.

 e! Reimbursable or nonreimbursable arrangement. A memorandum of understanding/reimbursable

agreement must be submitted to Administrative Services Division from the requesting agency

advising of all items being reimbursed with a contact name, address, and telephone number! in

order for the FBI to bill the requesting agency.

 f! The purpose of the detail and individual organizational benefits.

! Upon arrival in the other agency, a Notification of Personnel Action SF-50! will be prepared

which will include the time limitations of the detail. Although the employee's cost center will

change to reect assignment to another agency, the employee will be headquartered to the division

that is requesting the detail. This division will be responsible for continuing any administrative

matters i.e., time and attendance records, Bureau correspondence, etc.! for the employee.

The determination as to whether detailed Special Agents will be counted as part of a division's

Funded Staffing Level will be made by the Resource Management and Allocation Board.

11-18.4 House Appropriations Committee - Surveys and Investigations Staff See

MAOP, Part I, 3-8.! Formerly 11-15.4!

11-18.4.1 Introduction Formerly 11-15.4.1!

! Many of the programs handled by the House Appropriations Committee - Surveys and

Investigations Staff hereinafter referred to as Staff! have national or worldwide significance and

can include such studies as national energy problems, military readiness and deployment and

worldwide intelligence activities. The responsibilities inherent in this highly visible, complex and

important assignment require individuals who have strong potential to develop executive ability in

order to accomplish the desired ends of the committee. Individuals considered for selection must

exhibit personal responsibility; have initiative, resourcefulness and versatility; a.nd possess

outstanding qualities of logic, perception and organizational and literary ability. Special Agents

assigned to the Staff will be dealing with persons representing the highest level of Govemment and,

therefore, it is imperative that they be capable of representing the FBI in an outstanding manner.

! The Surveys and Investigations Staff is directed by an Executive Staff composed of a

permanent Chief, a Director and two Assistant Directors. The Director and two Assistant Directors

are selected from the ranks of the FBI and GAO.

11-18.4.2 Selection Process See MAOP, Part 1, 3-8 !.! Formerly 11-15.4.2!

! Requests for Staff personnel will be made known to the Assistant Director, Administrative

Services Division, who will cause to be posted a "Notice of Vacancy" communication to

appropriate eld divisions. Applicants should submit completed FD-638 to FBIHQ, Attention:

Transfer Unit. The Staffs senior FBI representative will then advise the Assistant Director,

Administrative Services Division, of his/her preference of the respondents to the posting. Upon

approval from FBIHQ, Agents selected will be detailed for an initial mutual evaluation period of up

to 90 days. The decision to transfer an individual in the event his/her office is not contiguous to

SENSITIVE

41
SENSITIVE

Man]-ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

Washington, D.C., will be a negotiable point between FBIHQ, the Chief of the Staff and the

individual involved through discussion with him/her.

! Agents considered for a Staff assignment will be selected from those nonsupervisory Special

Agents with an experience level of GS-12 or above. It would be beneficial if candidates possessed

prior commissioned military officer experience, auditing/accounting, or a procurement background.

Preference would be given to relief supervisors who are currently in the EDSP. Agents selected for

this assignment will be retained on the rolls of the FBI and will continue to be eligible for AVP

compensation.

11-18.4.3 Promotion See MAOP, Part I, 3-8!.! Formerly 11-15.4.3!

! Individuals selected for assignment to the Staff as team members may be considered for a "term

promotion" to the position of Supervisory Team Leader GS-14!; however, it is to be clearly

understood that only a limited number of these positions are available. Therefore, promotional

opportunities are limited. The term promotion is for the duration of the Staff assignment.

Candidates must compete for such term promotions by submitting an FD-954 to the Special Agent

Mid-Level Management Unit, EDSP, in response to the advertised vacancy announcement

Recommendations for promotion to the position of Supervisory Team Leader will be furnished to

the chairperson of the SAMMS Board, FBIHQ, for their approval. An FBI employee who

completes his/her Staff time and has advanced to the GS- 14 term promotion status will return to the

FBI at the same grade that they would have been if they had not left the agency and had continued

in the normal "in-house" career path. However, these individuals will be given every consideration

for promotion upon their completion of the Staff assignment if positions are available and they

possess the necessary qualifications.

! Individuals selected for assignment to the Executive Staff Director and Assistant Directors! are

reviewed by the SAMMS Board. The Assistant Director on the Surveys and Investigations Staff

will be selected from the ranks of Supervisory Special Agents currently in the EDSP. The

individual selected will be initially placed in a Team Coordinator role for a period not to exceed

120 days. Upon mutual agreement toremain in the position, his/her name will be forvvarded to the

SAMMS Board as the designated Assistant Director, Surveys and Investigations Staff, GS-15. At

the SAMMS Board's discretion, the promotion to GS-15 would be temporary for the duration of the

assigmnent with reversion to GS-14 upon return to the FBI or a permanent promotion to GS-15 as

long as FBIHQ agrees to place the employee in a GS-15 position upon his/her return. Upon

approval for this position, he/she will be removed from the rolls of the FBI for the three-year

assignment. Upon completion of their assignment, FBI members of the Executive Staff will be

returned to FBIHQ and assigned as determined by the SAMMS Board.

11-18.4.4 Length of Assignment Formerly 11-15.4.4!

All individuals, following the initial 90-day evaluation period, will be detailed to the Staff for

assignment of up to four years. Only under special circumstances will any team member's

assignment be extended beyond the four-year limit. Staff members who advance to the Team

Leader level will be allowed a one-year extension or a maximum of five years total assignment.

SENSITIVE

42
SENSITIVE

Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

Also see "House Appropriations Committee - Surveys and Investigations Staff," Part I, Section 3-8

"Career Development Matters," of this manual.

SENSITIVE

43
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

SECTION 12. MOTOR VEHICLE OPERATION AND ACCIDENTS

**EffDte: O2/28/1978 MCRT#: O Div: D3D9FD Cav: SecCls:

ALL IIEIF¬JRl"E.arTIF]H cuziwztrzizrn

EEEEIIJ IS LfI:I:ILA§§IFIE]}

12-1 OPERATION OF MOTOR VEHICLE 1:21:52 nz-21m2:3m BY 51334 zmr: BIi§§fCPB:"$TP L

**EffDte: O6/O9/1986 MCRT#: O Div: D3 Cav: SecCls:

| 12-1.1 |Motor Vehicle Operators

| Special Agent and NonAgent personnel must possess an FBI

I Identification Card or Credential and meet the certification

I requirements listed below in Sections 12-1.2 through l21.2.5.92

**EffDte: O6/O5/1996 MCRT#: 554 Div: D3 Gav: SecCls:

| 12-1.1.1 |Deleted|

**EffDte: O6/O5/1996 MCRT#: 554 Div: D3 Gav: SecCls'

| |12-1.1.2 Summer Employees and Honor Interns

A summer employee is not to be authorized to operate

governmentowned/leased motor vehicles under any circumstances. An

Honors Intern employee can be authorized to operate governmentowned/leased motor vehicles provided he/she meets the certification

requirements listed in MAOP, Part I, l2l.2 through l2l.2.5.|

**EffDte: O5/22/1996 MCRT#: 549 Div: D3 Cav: SecCls:

| 12-1.2 Requirements for|0perators to Drive Government-OwnedlLeased Motor

Vehicle See MAOP, Part I, 12-1.1, 12-1.1.2 and 12-1.5.!|

**EffDte: O6/O5/1996 MCRT#: 554 Div: D3 Gav: SecCls:

SENSITIVE

1
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

| 12-1.2.1 Valid State or Local Operator's License | See MAOP, Part I, 12-1.1, 12-1.1.2

and 12-1.5.!|

 l! Each employee must have a valid operator's permit

issued by state or local authorities where the employee is domiciled,

| or principally employed, before he/she can obtainlauthorization

| toloperate a governmentowned/leased motor vehicle.

| ! |Deleted!

**EffDte: O6/O5/1996 MCRT#: 554 Div: D3 Cav: SecCls:

| 12-1.2.2 Physical Fitness Report Optional Form OF! 345, formerly Standard

Form SF! 47! See MAOP, Part I, |12-1.1, 12-1.1.2, 12-1.4, and 12-1.5.!|

| All employees driving|governmentowned/leasedImotor

vehicles must be certified as physically fit. The OF345, formerly

SF47 Physical Fitness Inquiry For Motor Vehicle Operators!, must be

| submitted by all|nonAgent!employees requestinglauthorization to

| operate a governmentowned/leased motor vehicle.!

 l! NonAgent personnel should fill out this form and it

should be placed in the employee's personnel file. The OF345,

formerly SF47, for field personnel will be initiated by their

respective field offices and maintained in the employee's field

| personnel file. Since Special Agent personnel receive either an

annual or triennial physical examination, Special Agents are not

required to execute the OF345, formerly SF47. Special Agent

personnel need only to execute the FD288 for certification to operate

a governmentowned/leased motor vehicle.

! Division heads or SACs are responsible for ensuring

that only employees physically fit are permitted to operate a

I Igovernmentowned/leased motor vehicle. An affirmative answer to any

question on the OF345, formerly SF47, will require the reviewing

official to determine whether a physical examination is necessary.

Where doubt exists concerning the operator's physical fitness, the

case should be resolved in favor of a physical examination.

! FBIHQ must be promptly advised of any employee who

has been restricted from driving for any physical reason. Each case

is then to be followed closely and when the restriction has been

removed, by proper medical certification, FBIHQ is to be advised.

! Any employee whose vision is corrected by glasses to

meet the required standards must be specifically instructed he/she may

| operate a!governmentowned/leased motorlvehicle only when wearing

I corrective lenses. Such restrictions should also be noted on the

employee's FD288.

SENSITIVE

2
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

**EffDte: O6/O5/1996 MCRT#: 554 Div: D3 Cav: SecCls:

12-1.2.3 Driving Certification FD-288! See MAOP, Part 1, 12-1.1, 12-1.1.2,

and 12-1.5.!

Form FD288 Driving Certification! is to be filled out

upon request by any employee requesting authorization to operate a

governmentowned/leased motor vehicle or requesting recertification

every four years thereafter to operate a governmentowned/leased motor

vehicle. FBIHQ will advise the field by SAC Memorandum when FD288

 Driving Certification! completion is necessary for recertification of

Agent personnel. NonAgent personnel will be recertified in the fouryear anniversary month to the employee's original certification to

operate a government owned/leased motor vehicle.

 l! Agent and nonAgent personnel should fill out this

form and it should be placed in the employee's field personnel file.

Field offices shall not send their FD288s to FBlHQ, Facilities

Management Section.! At FBIHQ, each division head or office head is to

ensure that executed FD2B8s for nonAgent personnel are forwarded to

the Facilities Management Section|for review, approval, and

Iprocessing. NewiAgent trainees assigned to the Training Division are

not required to complete an FD288 since the certifying information

has been previously obtained through the applicant investigation and

selection process.

! If at any time a question arises concerning the past

safedriving record of an employee, the division head or SAC must

carefully review all aspects of the case and determine whether or not

this employee must take a road test before he/she may be authorized to

operate a governmentowned/leased motor vehicle incidental to his/her

official duties.

! Any restrictions on an employee's state, District of

Columbia, or a territory of the United States driving permit, i.e.,

"valid only when wearing glasses," etc., must be noted on the FD288

and on the government driving permit.

**EffDte: ll/O7/2002 MCRT#: l243 Div: D3 Cav: SecCls:

| 12-1.2.4 Road Test FD-288! - Requirement and Administration | See MAOP, Part I

12-1.1, 12-1.1.2, and 12-1.5.!|

Certification may also be made by official FBI road test.

| |Division heads or SACs, except at FBIHQ, may waive the road test

I requirement for operators of vehicles of oneton capacity or less and

SENSITIVE

3

12-1.4
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

for incidental operators of any class vehicle, who possess a current

driver's license from one of the 50 states, District of Columbia, or

Puerto Rico, where the employee is domiciled or principally employed.

Division heads or SACs may not waive the road test requirement for any

category of operators cited in l2l.2.4 !.| If the employee

qualifies through the road test, notation to this effect should be

made on Form FD288.

! The following road test regulations are to be

followed unless they conflict with state laws or regulations of local

authorities in the state where employee is principally employed.

 a! The official FBI road test procedures are

contained in Form FD288, operator's road test.

 b! The form provides a systematic method of

determining employee proficiency in operating a motor vehicle properly

and safely under both adverse and normal conditions.

! The test will be used to determine the driving

ability of employees in the following categories:

 a! Those employees charged with moving violations

involving driver performance or who become involved in an accident in

which they are found to be at fault while operating any motor vehicle

on personal or government business. Those employees are to be road

tested only when it is considered necessary to redetermine their

driving competency before they are allowed to continue driving motor

vehicles in the performance of official duties.

 b! Employees undergoing training in New Agent's

class. Those employees are to be tested by the Training Division to

evaluate basic driving fitness.

 c! Employees who are to drivelany buses, panel

vans, passenger vans, law enforcement vehicles, emergency vehicles,

any vehicles of more than oneton capacity, and any vehicles used for

the transportation of hazardous materials!are to be road tested as

required with the type of vehicle to be operated by them.

! Administration of road test to Agent and nonAgent

personnel.

 a! Tests shall be administered to investigative

personnel by Special Agent examiners.

 b! Tests administered to noninvestigative employees

may be given by support personnel assigned to automotive inspection

duties, provided the division head or SAC indicates such employees are

fully qualified to perform this work.

 c! An employee is considered competent as an

examiner if: he/she has operated a motor vehicle of the type to be

used in the test for a distance of at least 3,000 miles during the

previous threeyear period; he/she is considered to be an aboveaverage driver; and he/she has passed the FBI road test

SENSITIVE

4
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

satisfactorily.

**EffDte: O6/O5/1996 MCRT#: 554 Div: D3 Cav: SecCls:

12-1.2.5 Road Test - Failure

Employees failing the test should be so advised by the

division head or|his/herlassistant SAC or ASAC! who should point out

the deficiencies of their driving and advise them that the

deficiencies must be corrected within a reasonable time by instruction

and practice obtained on their own time, using a nonGovernmentowned

vehicle.

! Employees may not operate any motor vehicle on

official business during this interim period.

! Employees should advise the division head or SAC

within a twoweek period that remedial action has been completed so

that a second test may be scheduled.

! Support personnel failing a second test will be

eliminated for a period of thirty days from being considered for

further opportunities to qualify to drivelGovernmentowned/leased|

vehicles.

If the support person occupies a position which reguires

driving a vehicle, FBIHQ should be advised of the employee's failure

to pass the FBI road test, setting forth UACB recommendation as to

further action to be taken. IFBIHQ should be advised of what duties

are being assigned to the employee while he/she is in a nongualified

status as a driver of Governmentowned/leased vehicles.!

!!| The second road test should not be given to an

employee by the same examiner.

**EffDte: O6/O9/1986 MCRT#: O Div: D3 Cav: SecCls:

12-1.3 Procedures to Identify Employees Authorized to Operate Government

0wnedlLeased Motor Vehicle

At FBIHQ, each division head or office head is to ensure

that executed FD288 and OF345, formerly SF47, are forwarded to the

|Facilities Management Sectionlfor final review, approval, and

processing. Each field office will prepare the appropriate forms OF345, formerly SF47, and FD288! for their respective employees. Each

field office is responsible for the certification and periodic review

of the competence and physical gualifications of their respective

employees. After certification, each field division is to file the

SENSITIVE

5
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

FD288 and the OF345 in the employee's personnel file in their field

| office. Do not send the original or a copy to FBIHQ,!Facilities

| Management Section.!

**EffDte: 11/07/2002 MCRT#: 1243 Div: 03 Cav: SecCls:

| 12-1.4 |Recertification|of|Authorization to Operate a Government-0wnedlLeased

Motor Vehic|e|

I |Recertification of authorization to operate a government-

| owned/leased motor vehicle must occur at least once|every four UH

years.

 I! Forms OF345 formerly SF47! and FD2B8 should be

filled out in accordance with l2l.2.2 and l2l.2.3 by employees who

drive governmentowned/leased motor vehicles.

! These forms are to be reviewed by the division head

or SAC to ensure that employees still meet the necessary requirements

| to operate a!governmentowned/leasedimotor vehicle.

! A road test is not mandatory for renewing an

employee's authorization to operate a vehicle on official business

when he/she has a safe driving record.

If there is a guestion or doubt about the employee's safe driving

record the division head or SAC should adhere to l2l.2.3,

subparagraph !.

**EffDte: O6/O5/1996 MCRT#: 554 Div: D3 Cav: SecCls:

12-1.5 Suspension of Driving Privileges

In any case where a guestion arises concerning an

employee's fitness to drive, the division head or SAC must carefully

review all aspects of the case and make a final determination. In all

cases, a recommendation should be submitted to FBIHQ UACB as to

whether the employee is to be allowed to operate a motor vehicle

incidental to his/her official duties on the strength of his/her

record or whether he/she must be given a road test to do so. This

communication must also contain any recommendation for other

disciplinary action FBIHQ should take with respect to the employee

involved.

 I! The AUTHORIZATION of any Bureau employee to operate a

motor vehicle incidental to his/her official duties shall be

immediately suspended and FBIHQ advised, when:

SENSITIVE

6
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

 a! The examining medical officer finds that the

employee fails to meet the required physical standards and the

disqualifying defect is of a permanent nature.

 b! The employee's state or local license is

suspended or revoked.

 c! The employee is convicted of operating a motor

vehicle under the influence of narcotics.

 d! The employee is convicted of leaving the scene

of an accident.

 e! Any arrest for violations described in

subparagraphs c! and d! must be reported immediately to FBIHQ as set

out in this manual, Part I, Section l3, entitled "Disciplinary

Matters."

 f! Immediately following an employee's arrest or

administrative finding of driving while under the influence DUI! or

while intoxicated DWI!. See MAOP, Part I, l3O.3.!

 g! In alcoholrelated misconduct cases involving

the use of a motor vehicle, a presumption will exist that there is a

necessity to suspend the employee's privilege to operate a

Igovernmentowned/leased motor vehicle for a period of not less than

ONE YEAR following such offense. This suspension will occur

regardless whether the nature of the employee's motor vehicle offense

has been reduced as a result of judicial review, plea bargaining, or

the employee's entry into a diversion or substance abuse program.

 See MAOP, Part I, l3.l and l3O.3.!

! CONSIDERATION for suspension of any Bureau employee

from operating a motor vehicle incidental to employee's official

duties when any one of the following conditions applies:

 a! It is determined by medical examination that the

employee fails to meet physical standards, but the defect is

considered to be of a temporary or correctable nature.

 b! While operating a motor vehicle on official or

personal business, the employee is involved in a traffic violation

other than a parking violation, or is involved in an accident in which

employee is found to be at fault.

 c! The employee improperly operates the motor

vehicle assigned to him/her.

! An employee whose driving privilege is suspended

shall not be reauthorized to drive a government vehicle without FBIHQ

approval. This authority will be granted only after all FBI, state

and local requirements, as outlined under!l2l.2|have been met.

**EffDte: O6/O5/1996 MCRT#: 554 Div: DBOP Cav: SecCls:

SENSITIVE

7
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

| 12-1.6 |Deleted|

**EffDte: O6/O5/1996 MCRT#: 554 Div: D3 Cav: SecCls:

12-1.7 Trafficviolations

 I! Division heads and SACs must advise FBI Headquarters

of the issuance of traffic tickets, subpoenas or warrants to FBI

employees while driving in the following situations:

 a! Only aggravated traffic violations incurred

while driving a privately owned automobile, which have resulted in the

employee's being arrested by local authorities and all instances

involving the issuance of a traffic citation wherein the use of

alcoholic beverages is cited as part of or being a contributing factor

in the offense, i.e., Driving While Intoxicated DWI!, Driving Under

the Influence DUI!.

 b! Any traffic violation, no matter how minor in

nature, received while operating a Bureau vehicle or while performing

in a duty status.

! An employee who receives a traffic citation in one of

the abovementioned situations must advise his/her immediate

supervisor of any violations promptly. Any situation in which the

employee is in doubt as to the reporting reguirement is to be resolved

in favor of reporting the incident for a supervisory determination.

! Any employee who takes any action to have a citation

for a traffic violation canceled or adjusted will be subject to severe

administrative action.

**EffDte: O6/O9/1986 MCRT#: O Div: D3OP Cav: SecCls:

12-2 ACCIDENTS

**EffDte: O8/25/1989 MCRT#: O Div: FD Cav: SecCls:

12-2.1 Reporting Requirements

**EffDte: OB/25/1989 MCRT#: O Div: FD Cav: SecCls:

12-2.1.1 Employees to Division Head or SAC

SENSITIVE

8
ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1

SENSITIVE

Each division head or SAC must be promptly notified of all

accidents involving Bureau employees while driving either Government

or personally owned motor vehicles.

**EffDte: O8/25/1989 MCRT#: O Div: FD Cav: SecCls:

12-2.1.2

vehicles

personal

property

excepted

T0 FBIHQ

FBIHQ must be promptly advised of all accidents involving

engaged in official business except in cases in which no

injury is involved, no damage to third party property and

damage to Bureau vehicle s! does not exceed!$500.! In these

cases in which an employee is considered at fault,

appropriate notation concerning accident must be placed in employee's

field personnel file and FBIHQ advised so copy may be placed in

employee's FBIHQ personnel file.

**EffDte: OB/25/1989 MCRT#: O Div: FD Cav: SecCls'

12-2.2 Investigations and the Reports

**EffDte: O8/25/1989 MCRT#: O Div: FD Gav: SecCls'

12-2.2.1

official

to third

does not

indicate

personal

Need for Investigation

 l! Accidents involving motor vehicles engaged in

business in which no personal injury is involved, no damage

party property and property damage, if any, to Bureau vehicle

exceed $500 need not be investigated unless circumstances

desirability of investigation, which determination is SAC's

responsibility; In those cases where there is no damage to

the Bureau vehicle but liability is placed on the U.S. government, an

accident

reviewed

vehicle,

report must be done. Any guestion of liability should be

by the!Chief Division Counsel CDC!.!

! Anytime an accident occurs while utilizing a Bureau

it will be incumbent upon each office to determine the state

law for that particular state regarding the reporting of accidents and

ensure the submission of any reguired forms to local and/or state

authorities.

property

! Any accidents involving injury to or damage to

of third party must be promptly and thoroughly investigated.

Particular care should be exercised to ensure extent of property

damage is properly estimated.
SENSITIVE

ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

! All other accidents involving FBI personnel while on

official business must be completely investigated by an Agent who was

not the driver, an occupant, or witness. However, driver of Bureau

vehicle involved in accident, or other employees present, should

always be alert to possibility of procuring statements from driver of

other vehicle and witnesses immediately after accident.

! An accident control file should be established in

each field office for those accidents which are not reportable to

FBIHQ or do not reguire a detailed investigation for damages over

$500:

 a! A nonreportable accident is an incident where

damages to the Bureau vehicle are under $500 and there is no

government liability. For this type of accident, there is no

requirement that FBIHQ be advised. This includes those accidents

where the damage to the Bureau vehicle is under $500 and liability

rests with the other party involved. Collection procedures involving

these accidents will be handled at the discretion of the|CDC.

An electronic communication EC!!summarizing the accident and Standard

Form SF! 91, Operator's Report of a Motor Vehicle Accident, should be

recorded in the control file.

 b! For those accidents over $500 where the Bureau

vehicle is the only identified vehicle, and there is no possibility of

a Federal Torts claim being filed by another party,|an ECI

with appropriate enclosures should be forwarded to FBIHQ. Appropriate

enclosures should include SF9l of the Bureau driver, police report

 if one exists!, and estimates for repair of the Bureau vehicle. This

|EC!should be filed in the accident control file. This would

include those accidents involving animals; hitandrun accidents where

the other party is not identified; other FBI vehicles; or those

instances where medians, curbings, poles, road debris, and building

structures are struck by the Bureau vehicle. If there exists a

possibility that a Federal Torts claim will be filed, a detailed

investigative report FD204 and FD263! must be forwarded to FBIHQ.

**EffDte: 02/14/2000 MCRT#: 952 Div: FDD9 Gav: SecCls:

12-2.2.2 Assignment of Investigations

Investigations must be assigned to experienced Agents who

must be entirely familiar with all Bureau requirements relating to

these matters.

 l! Agents investigating these matters must always bear

in mind possibility of suits being brought against Government as a

result of accident.

! Investigations and reports must be completely

objective.

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I0
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1

! Investigations must be vigorously, speedily, and

thoroughly conducted and FBIHQ kept advised of all developments.

**EffDte: O8/25/1989 MCRT#: O Div: FDD9 Cav: SecCls:

12-2.2.3 Deadline for Submission of Reports and Copy Count

Reports of complete investigation must be

FBIHQ within ten working days after the accident. If

complete investigation within that period, FBIHQ must

notified, giving reason for delay. Reports should be

submitted to

impossible to

be promptly

submitted in

triplicate to FBIHQ, Attention: Automotive Management Unit, Room

6863. When applicable, the following enclosures should also be

submitted in triplicate: SF9l, Operator's Report of

Accident; SF94, Statement of Witness; and all repair

Motor Vehicle

estimates.

Photographs of damaged vehicles and/or other damaged property should

be submitted in duplicate.

**EffDte: OB/25/1989 MCRT#: O Div: FD Cav:

12-2.2.4 Need for Accident Report

SecCls:

Reports must be submitted in all accident matters which

I reguireiinvestigations, especially for those cases where liability

| rests with the U.S. Government.!

**EffDte: OB/25/1989 MCRT#: O Div: FDD9 Gav:

12-2.2.5 Cover Page for Report

SecCls:

ln every instance it is mandatory that following

information be set forth in cover page s! accompanying initial report:

! Exact nature of assignment of Bureau employee s! in

Bureau vehicle at time of accident, including title of case to which

assigned.

! Origin and destination of Bureau vehicle at time of

accident, including justification for route being taken.

! Full identification of and accounting for presence of

each person in Bureau vehicle.

! If Bureau vehicle on surveillance, exact location of

subject at time of accident. lf surveillance or any other

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ll
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

circumstances, such as weather or surface conditions, in any way

contributed to accident, furnish details.

|! The title for the case must show the Bureau car

number, year, make and model of the Bureau vehicle, official Bureau

payroll name of the Government driver s!, and date of the accident.

The field office car number assigned to the Bureau vehicle should not

be included in the title nor should any information regarding the

other party s! involved in the accident unless there are other Bureau

vehicles involved.

! Driver training information should be included in the

cover pages of the report. List date for all training received at the

Emergency Vehicle Operations Center EVOC! whether it be through inservice or New Agents basic training.

! If the Bureau vehicle is a rental or leased vehicle,

then the substantive case title and file number under which rental

authority was approved should be included on the cover page. If

vehicle is rented under SAC authority i.e., under 30 days!, then this

should be noted. Any vehicle which has been rented for more than 30

days should have a Bureau car number assigned to it and FBIHQ

approval. See Part ll, Section 68.lO of this manual.!|

**EffDte: O9/21/1993 MCRT#: 87 Div: FDD9 Cav: SecCls:

12-2.2.6 Reports Must Show

 l! Year, make, model, and motor number of vehicles

involved

! Date, time, and place of accident

! Description of accident scene. Photographs submitted

in duplicate and/or diagrams are highly desirable. Such photographs

or diagrams should be properly identified to clearly indicate

directions vehicles traveling, point of impact, and any other

pertinent information. Avoid administrative data which should be set

out only on cover pages of report.

! Visibility, weather, road conditions, and type of

road surface

! Pertinent distance and speeds of vehicles

! Whether vehicle equipped with chains or snow tires,

if pertinent. It is SAC's responsibility to establish office policy

regarding use of chains or snow tires.

! Complete details as to how accident occurred,

including statements of drivers, passengers, and all witnesses.

Interview results of employeedriver must be specific and indepth

with regard to the circumstances of the accident. Signed statements,

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12
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

witnessed by Agent, should be obtained where possible from drivers of

other vehicles involved, passengers, and witnesses. When signed

statement not obtained, report should state specific efforts made to

procure same, as well as identity of negative witnesses. Since this

would at most result in civil proceedings, interviews need not include

warnings as required in criminal cases.

 8! Existing traffic controls and pertinent local traffic

regulations governing the actions of the drivers involved.

 9! Traffic violations of either party or anyone else.

Set out whether third party vehicle is equipped with seat belts, and

if operator and/or passengers in third party vehicle were wearing seat

belts, if available, at time of accident. Also state whether operator

 and passenger, if one! of Bureau vehicle was/were utilizing seat belt

at time of accident. Set out if operator of third party vehicle has

any restrictions on motor vehicle operator's license, such as

requirement that operator must wear glasses when driving, and whether

operator was abiding by such restrictions at time of accident. If

vehicle defect may have been cause, promptly have impartial tests

made.

0! Summary of the results of any police investigation

conducted and, in addition, copies of police reports should be

submitted as enclosures.

 ll! Extent and amount of property damage and personal

injury. Photographs of damaged vehicles or other damaged property

should be taken, particularly in cases in which there is a possibility

of a claim or suit being filed by or against the Government.

 l2! Insurance status and financial ability of parties

involved. Enclose copy of employee's liability insurance policy if

personally owned vehicle has been used on official business. If

Bureau vehicle is used, include information concerning coverage for

damage to Bureau vehicle. All employees authorized to operate Bureau

vehicles should be informed Government does not provide insurance

coverage for damage to its vehicles.

 l3! Items l! through l2! above are not allinclusive

and any other information pertinent to a particular accident should be

submitted.

**EffDte: OB/25/1989 MCRT#: O Div: FDD9 Cav: SecCls:

12-2.2.7 Obtaining Information for Possible Court Action

Information furnished by any individual who may be called

upon to testify at any time in the future should be reported in

accordance with instructions, regarding "Reporting Information that

May Become Testimony," set out in this manual. Refer to Part II,

Section 10.

SENSITIVE

13
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

**EffDte: O3/30/1984 MCRT#: O Div: FDD9 Cav: SecCls:

12-2.2.8 Office of Origin

Office of origin is to be shown in title of all

communications, except reports.

**EffDte: O3/30/1984 MCRT#: O Div: FDD9 Cav: SecCls:

12-2.2.9 Cover Memorandum Forwarding Report

A cover memorandum transmitting the investigative report

of the accident should only be submitted when facts of the case

indicate gross or extreme negligence on the part of the employee or

when the employee sustains damage to the Bureau vehicle if utilizing

it on other than official business or if other violations of Bureau

rules are involved. In these instances, cover memorandum must include

SAC's recommendation for administrative action with a concise analysis

of pertinent facts involved.

**EffDte: OB/25/1989 MCRT#: O Div: FDDQOP Gav: SecCls:

12-2.3 Forms

Standard Government forms are to be executed by the

several parties involved when applicable.

**EffDte: O8/25/1989 MCRT#: O Div: FDD9 Gav: SecCls:

12-2.3.1 SF-91 - Operator's Report of Motor-Vehicle Accident

|SF9l mustlbe executed by the Bureau|driver92in

alllaccidents, must be carried in Bureau vehicle at all times, and

must be included as enclosure to investigative report when sent to

FBIHQ. For those instances where more than one Bureau vehicle is

involved in an accident, each Bureau driver must complete an SF9l.|

**EffDte: O9/21/1993 MCRT#: 87 Div: FDD9 Gav: SecCls:

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12-2.3.2 SF-94 - Statement of Witness

lMay|be executed by all available witnesses who are

willing. Where it appears that claim for personal injury might

result, it is imperative that signed statements be promptly procured

from all witnesses if willing.

**EffDte: OB/25/1989 MCRT#: O Div: FDD9 Gav: SecCls:

12-2.3.3 SF-95 - Claim for Damage, Injury or Death

Refer to MIOG, Part 1, 197-8.

**EffDte: OB/25/1989 MCRT#: O Div: FDD9 Cav: SecCls:

12-2.4 Claims and Suits

**EffDte: O8/25/1989 MCRT#: O Div: FDD9 Cav: SecCls:

12-2.4.1 Public Law 89-508 Federal Claims Collection Act of 1966!

Public Law 89-508, effective 1-15-67, requires aggressive

action with effective followup through written demands upon debtor in

terms which inform of consequences of failure to cooperate.

! When the Bureau automobile is determined to be

totaled as result of an accident, you should collect the difference

between the retail value and amount received from salvage.

! State in general terms such as "failure to cooperate

will necessitate collection through available legal remedies." Advise

the debtor the amount owed with documentation. Three written demands

should be made at BO-day intervals unless response to the first or

second indicates further demand would be futile. Furnish FBIHQ three

copies of such correspondence fully identifying it. Written demands

should be prepared by the Principal Legal Advisor.

! When a private party damages a Bureau vehicle and is

found at fault, the party responsible for the loss, either

individually or through an insuring agent, may replace the vehicle in

kind or have it repaired to the satisfaction of the Bureau. The check

or monies paid for repairs must be made directly to the individual or

company making the repairs and not to the FBI. Any payment made

payable to the U.S. Government, FBI, or Bureau employee cannot be

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15
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

endorsed over to a repair facility for repair of a Bureau vehicle.

These checks must be forwarded to the Automotive Management Unit

 AMU!, FBIHQ, for eventual deposit in the Miscellaneous Receipts

Account at the U.S. Treasury.

! If principal amount does not exceed $20,000,

collection action may be terminated if no indication of fraud,

misrepresentation or violation of antitrust laws and it appears no

person liable on the claim has present or prospective financial

ability to pay any significant amount of the claim, or when collection

costs will likely exceed recovery amount. If termination, suspension,

or compromise of claim seems expedient, do not so inform debtor

without prior FBIHQ authority but forward to FBIHQ debtor's current

address or person upon whom service may be made!, current credit

data, summary of actions previously taken to collect or compromise

claim, and any records and exhibits on the claim not previously

forwarded. Regulations implementing the act provide that claims under

$600 exclusive of interest should not be referred for litigation

unless important to a significant enforcement policy, or the debtor is

able to pay and Government can effectively enforce payment.

! Initial demand should not be made without prior FBIHQ

instruction. Finance Division will consult with|Office of the

General Counsellprior to issuing instructions. I

I

! If demands are denied or ignored, ascertain if

financial responsibility laws have been complied with and, if not,

arrangements should be made toward revocation of operator's permit or

other legal penalties. Appropriate opinion of the U.S. Attorney's

Office should also be obtained.

**EffDte: 09/09/1994 MCRT#: 281 Div: FDD9 Cav: SecCls:

12-2.4.2 Public Law 89-506 - Action lnstituted Against the United States

Refer to MIOG, Part l, l978.

**EffDte: 08/25/1989 MCRT#: 0 Div: D9 Gav: SecCls:

12-2.4.3 Motor Vehicle Accident Results in a Suit for or Against the Government

or Bureau Employees

Refer to MIOG, Part l, Section l97.

**EffDte: 08/25/1989 MCRT#: 0 Div: D9 Gav: SecCls:

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16
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12-2.4.4 Contacting United States Attorney

Refer to MIOG, Part 1, Section 197.

**EffDte: OB/25/1989 MCRT#: O Div: D9 Cav:

12-2.4.5 Third Party's Claim Rights

Refer to MIOG, Part 1, Section 197.

**EffDte: O8/25/1989 MCRT#: O Div: D9 Gav:

12-2.4.6 Forwarding Administrative Claims

Refer to MIOG, Part 1, 197-8.

**EffDte: OB/25/1989 MCRT#: O Div: D9 Cav:

12-2.4.7 Compromise of Suits Against the United States

Refer to MIOG, Part 1, Section 197.

**EffDte: O8/25/1989 MCRT#: O Div: D9 Gav:

12-2.4.8 Notification of Suits Against United States

Refer to MIOG, Part 1, Section 197.

**EffDte: O8/25/1989 MCRT#: O Div: D9 Gav:

12-2.5 Responsibility of Employee

**EffDte: O5/15/1980 MCRT#: O Div: FDD9 Gav:

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17

SecCls

SecCls

SecCls

SecC1s

SecCls

SecCls
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ManlID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PARE 1

12-2.5.1 Financially Responsible See LHBSA, Part 0, 9-2.1.1.!

A Bureau employee will not be held financially responsible

for damage to a Bureau vehicle

employee's negligence while on

employee be considered grossly

disregard in causing damage to

resulting from an accident caused by

official business. However, should an

negligent, that is, display wanton

the Bureau vehicle, or should employee

sustain damage to the Bureau vehicle if utilizing it on other than

official business, employee will be held accountable for costs of

repairing the Bureau vehicle.

employees who operate Bureau vehicles it

provide insurance coverage for

elect to personally pay for such damages

financially responsible for the accident.

Division head or SAC should inform all

is their responsibility to

Bureau vehicle unless they

in the event they are held

 See MAOP, Part I,

damage to

|l3.l.2|regarding the employee's personal liability for damage to a

rental car that is being driven outside the scope of the employee's

official duties.! Also, see MAOP,|Part I, l3.l and92Part II, 6l.2.3.

**EffDte: O5/l5/1997 MCRT#: 671 Div: FDD9 Cav: SecCls:

12-2.5.2 Administrative Action

Division head or SAC must make recommendation regarding

administrative action where facts of case

negligence on the part of the employee or

damage to the Bureau vehicle if utilizing

business or if other violations of Bureau

|Instances of unauthorized use

involving a Bureau vehicle, or

indicate gross or extreme

when the employee sustains

it on other than official

rules are involved.

of a Bureau vehicle, misconduct

arrests i.e., Driving While

Intoxicated, willful reckless driving, resisting arrest, leaving the

scene of an accident, etc.! must be immediately brought to the

attention of FBIHQ as set forth in this manual, Part I, Section l3,

entitled "Disciplinary Matters."92

**EffDte: O5/l5/1980 MCRT#: 0 Div: FDOP Cav: SecCls:

12-2.5.3 Employee's Claim for Injuries

H Refer to Part I, Section l5, Subsection on Employee

Compensation Matters," concerning action to be instituted by an

employee

expenses

official business.

**EffDte: OB/30/1991 MCRT#: 0

against a responsible third party for recovery of medical

because of injuries sustained by a Bureau employee while on

Div: FDD3 Cav: SecCls:

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18
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ManlID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

12-3 USE OF PERSONALLY OWNED VEHICLES FOR OFFICIAL BUSINESS

AFTER REGULAR DUTY TOURS

**EffDte: OB/30/1991 MCRT#: O Div: FD Gav: SecCls:

12-3.1 lnjurieslncurred

Fu11 facts concerning circumstances of assignment should

be furnished to FBIHQ for presentation to Office of Workers

Compensation Programs OWCP!. OWCP will decide if circumstances

warrant compensation benefit coverage for personal injuries.

**EffDte: OB/30/1991 MCRT#: O Div: FDD3 Gav: SecCls:

| 12-3.2 Authorization | See MAOP, Part 2, Section 6-1.2.2.!|

I

**EffDte: 11/15/2001 MCRT#: 1155 Div: FD Cav: SecC1s:

| 12-3.3 |Deleted|

**EffDte: 11/15/2001 MCRT#: 1155 Div: FD Cav: SecC1s:

| 12-4 OPERATING BUREAU VEHICLES IN FOREIGN COUNTRIES - INSURANCE

MATTERS | See MAOP, Part 2, Section s-s.2.1!.!|

I

**EffDte: 11/15/2001 MCRT#: 1155 Div: FD Cav: SecCls:

9<~k~k~k9<**~!<*9<*9¢*9<9<~!<~k>I<*~!<9<9<9<*~!<*~!<9<uI<~!<~k*~!<~!<9< ~!<9<~k9<~k~!:9<9:**~!<9¢9<*~!<*~!<9<~!<*~k*~!<9<9<**~!<9<

SENSITIVE

19
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Man]-ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

ELL INFUHEEATICEI-I FIUI923'I.¬l!.I§92IEIIT*

EEREIIBI I5 ETIEICLQESIFIEIJ

{FATE U;-"K-21-2C§Q'? B3 56324 AIJC B§C§_x'CPB.-=

SECTION 13. DISCIPLINARY MATTERS

13-1 INTRODUCTION See MI-92OP, Part 1, 1-4 !, 1-15.2, 1-23, 5-4.6,10-6,12-1.5!

!, 12-2.5.2, 15-3.2 !, 21-2 !; MIOG, Part 1, 62-1.1 B!, 62-1.3.1

! As the govemment's primary investigative service with a Wide range of jurisdictional

responsibilities for which We are accountable tothe public, it is imperative that a policy of tight

discipline be applied in the FBI. It is the responsibility of Bureau supervisory personnel to make

clear to employees under their supervision that the Bureau's disciplinary program is rm but fair.

! It is imperative that any information pertaining to allegations of misconduct or improper

performance of duty coming to the attention of any Bureau employee be promptly and fully

reported to FBIHQ, and it is the continuing responsibility of Bureau officials to see to it that the

employees under their supervision are properly indoctrinated regarding this requirement so that

they not only will fully understand it but Will comply with it.

! The appropriate Assistant Director, SAC or Legal Attache is authorized to temporarily assign

personnel to other duties during an administrative inquiry if the circumstances surrounding the

allegation indicate that such action is warranted. Such a reassignment should not be made

automatically. Rather, each case must be judged on the individual factors involved, including the

credibility of the allegation and the sensitivity of the employee's current assigmnent. Temporary

reassigmnents may be justified in order to enhance the security and/or protect the integrity of FBI

investigations and les; to preserve order; for the safety of persons and property; or for other

appropriate reasons. Any such action must be coordinated With the Office of Professional

Responsibility; Administrative Services Division; and the appropriate substantive FBIHQ division

and be fully supported by the facts. If an employee is temporarily reassigned during an

administrative inquiry, Assistant Directors, SACs and Legal Attaches must continually monitor

developments in the administrative inquiry in order to assess the employee's position. If, for

example, facts are later developed which alter the basis for the employee's original reassignment,

then he/she may be retumed to previous duties, even prior to a final adjudication of the matter.

Allegations regarding unauthorized access or attempted unauthorized access tonational security

information should continue to be promptly reported to the Security Programs Manager, FBIHQ

 see MIOG, Part 2, 26-4!.

! See Part l, Section l, of this manual regarding Activities and Standards of Conduct of

employees.

! No statements in this section are to be construed so as to indicate that nonpreference eligible

FBI employees in the excepted service have a property interest in their employment such as in the

form of an expectation of continued employment with the FBI. See MAOP, Part 1, 14-4.2! &

21-l.!

SENSITIVE

1
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Man]-ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

13-2 NOTIFICATION OF FBIHQ UPON RECEIPT OF ALLEGATIONS OF

MISCONDUCT OR IMPROPER PERFORMANCE OF DUTY See MAOP, Part 1, 13-13

! & ! & 14-4.2; MIOG, Part 1, 263-2

! All allegations of employee misconduct must be reported to the Adjudication Unit, Office of

Professional Responsibility OPR!. Allegations of criminality or serious misconduct must be

reported simultaneously to the OPR. OPR supervises and/or investigates all allegations of

criminality or serious misconduct on the part of FBI employees. Judicial criticism of an Agent's

conduct in findings of fact, opinions, or court orders, whether oral or written, is to be considered a.n

allegation of serious misconduct and reported to OPR as set forth below. See MAOP, Part 1, 1-

23!.!

! When an allegation is received concerning criminality or serious misconduct, the appropriate

Assistant Director, SAC or Legal Attache will advise OPR of the allegation by telephone or

teletype. OPR will, in turn, advise Adjudication Unit, OPR. A confirming electronic

communication EC!, with a copy designated for the Adjudication Unit, OPR, should be directed,

in a sealed envelope, to FBIHQ, Attention: OPR. OPR will then determine and advise who will

conduct the investigation. In most instances, the Assistant Directors, SACs, or Legal Attaches will

personally supervise and promptly investigate the vast majority of these matters. OPR normally

investigates only those allegations involving FBIHQ officials, SACs, ASACs, and Legal Attaches

and sometimes Headquarters and eld supervisors or when circumstances dictate.

! If an allegation of misconduct within the responsibility of OPR arises out of a substantive case

 pending or closed!, the responsible FBIHQ Division will, more than likely, continue to supervise

that investigation including the new allegation. However, FBIHQ divisions will immediately

inform OPR of the alleged improprieties and forward that portion of the investigation to OPR, for

further processing. These allegations should be carried under the "Office of Professional

Responsibility OPR! Matter" caption and handled as a separate "263" classification investigation

so that the substantive investigation and/or prosecution is not hindered.

! Other infractions, such as those involving minor personal misconduct are well defined and will

continue to be handled by OPR except for the following offenses which have been delegated to

SACs and Assistant Directors for handling: Absent Without Leave AWOL!; Violations of

Availability Regulations; Sleeping on Duty; Loss of Government Property; Miscellaneous Traffic

Violations; Disruption of Office; Abusive/ Offensive Language/Behavior in Workplace; and Verbal

Altercations. SACs and Assistant Directors are authorized to orally reprimand or censure

employees under their supervision below the GS-14 level for the above-listed offenses.

Recommendations for more severe disciplinary action must be submitted to the OPR for resolution.

 See SAC Memorandum 11-90 dated April 20, 1990, for additional information regarding the

handling of above-mentioned offenses.! Any question as to whether a matter is or is not within the

responsibility of OPR must be referred to OPR for a determination in this regard. See MAOP, Part

1, 13-13! & !.!

13-3 INVESTIGATION See MIOG, Part I, 263-3.!

! When investigation necessary to develop complete essential facts regarding any allegation

against Bureau employees must be instituted promptly, and every logical lead which will establish

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Man]-ID: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

the true facts should be completely run out unless such action might prejudice pending

investigations or prosecutions in which event FBIHQ will weigh the facts, along with the

recommendation of the division head.

! The record of the inquiry shall include the initial allegation; the investigative results;

aggravating or mitigating circumstances; statement of specic charge s! and the employee's

answer s! including defenses to the specific charge s!, if any.

! Requests to conduct audits of the computer systems activities of employees who are suspected

of misconduct or improper performance of duty will be handled only with prior notification to

FBIHQ. The term audit refers both to review and/ or evaluation of prior transactions or activities of

a user and procedures designed to monitor the ongoing activities of a user. The proper form for

such a request is a formal written communication to FBIHQ with a request directed to the

Information Resources Division's IRD! Investigative Automation Support Section IASS!, to

conduct the audit. In exigent circumstances, which dictate the need for immediate institution of an

audit, requests may be made telephonically to ASU and/ or OPR and subsequently confirmed in

writing. In instances where telephonic requests are authorized, the level of authority is at the ASAC

level or above in the field offices and at the Section Chief level or above at FBIHQ, with the

exception of requests emanating from ASU or OPR. Telephonic requests for user activities audits

made by ASU or OPR will be authorized at the Supervisory Special Agent level. See MIOG, Part I

263-3 !.!

! Approval to conduct the audits will be made at the Section Chief level in IASS, based on the

technical feasibility and resource constraints. If the audit cannot be conducted or if additional

information is needed to formulate the audit, IASS will contact the requestor. The results of each

audit conducted will be reported on an FD-302 and disseminated to ASU or OPR and the requestor,

should it be different from ASU or OPR. The original FD- 302 will be forwarded to the office of

origin. In those instances where exigent circumstances dictate that the results of the audit be

telephonically disseminated, the results will be disseminated by IRD to ASU or OPR and to the

requestor, should it be different from ASU or OPR, and the telephonic response subsequently

conrmed in writing to ASU or OPR and the requestor. See MIOG, Part I, 263-3 !.!

13-4 INTERVIEWS OF EMPLOYEES INVOLVED

! Interviews of employees involved in allegations of criminality or serious misconduct should be

conducted at the earliest logical time and in a forthright manner. There should be no evasiveness on

the part of the Bureau official conducting the interview.

! The employee should be fully and specifically advised of the allegations which have been made

against him/her in order that he/ she may have an opportunity to fully answer and respond to them.

The employee must be entirely frank and cooperative in answering inquiries of an administrative

nature. If allegations are possibly criminal in nature, the employee has the right to seek counsel in

the same vein as any other individual see l3-6!.

! Such interviews must be complete and thorough with all pertinent information obtained and

recorded so that all phases of the allegations may be resolved. The interviews must not be unduly

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3
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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

protracted and should be held to a reasonable length by proper preparation and recognition of the

purpose of the interviews.

! The inquiry shall not be complete until the specific allegations that may justify disciplinary

action are made known to the employee who may be disciplined and the employee is afforded

reasonable time to answer the specic allegations. The employee's answers, explanations, defenses,

etc., should be recorded in the forrn of a signed, sworn statement which should specically include

the allegations made against the employee in an introductory paragraph. The statement is to be

prepared following an in-depth interview of the employee by the division head or designated

supervisory representative. The employee is not merely to be asked to give a written response to the

allegations, but is to be interviewed in an interrogatory fashion, and a signed, sworn statement

prepared from the results by the interviewing official. Since the statement represents that which the

employee is willing to sign and swear to, he/she retains the right to make corrections or changes

before doing so. If those changes or corrections differ materially from what the employee stated

during interview, that fact a.nd the nature of the statements should be separately recorded. Should

there be any question on the part of the interviewing official as to whether a particular allegation

 set of facts! might justify disciplinary action, he/she should contact OPR, Inspection Division, in

order to resolve this prior to the interview so the employee will be ensured of an opportunity to

appropriately respond.

! When interviewing employees during administrative inquiries to solicit information about

themselves or about their own activities, the employee should be provided the Privacy Act notice

described in MIOG, Part I, 190-5!, explaining the purpose of the inquiry a.nd how the information

will be used.

! When interviewing employees, or others, to solicit information about the subject of an

administrative inquiry, the person interviewed as a source should be provided, if appropriate, the

opportunity to request a.n express promise of confidentiality, as described in MIOG, Part I, l9O-7,

and SAC Memorandum 51-77 C!, dated 11/ 15/77, in order to protect the source's identity should

the subject of the inquiry submit a Privacy Act request for access to records of the inquiry. The

source should be cautioned that if a fonnal adverse personnel action is taken against the subject of

the inquiry pursuant to Chapter 75 of the Civil Service Reform Act, the information furnished,

along with the source's identity must, by law, be provided to the subject, if any information

provided in that statement is used in whole or in part to support that personnel action. In addition,

pursuant to certain administrative inquiries and possible judicial proceedings, it may be necessary

to furnish the source's identity if any information provided in the source's statement is used in

whole or in part to support a personnel action. The principles discussed in 13-6, infra, are also

applicable to an interview of an employee regarding the actions of others, to the extent such

answers might reveal criminal misconduct on the part of the employee being interviewed.

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13-4.1 Deleted See Security Policy Manual at http://rmd.fbinet.fbi/ppu/manua|sdesk/manua|s_published_in_new_format.htm!

13-5 SIGNED SWORN STATEMENTS

Whenever there are circumstances in connection with investigations or inquiries indicating

misconduct of personnel, harassment or intimidation of subjects, other individuals or groups, or

derelictions of any kind by the Bureau, all Agents engaged in such investigations or inquiries must:

! Immediately prepare signed sworn statements of fact so thata clear record will be available

should a question arise at a later date. These statements should:

 a! Cover facts bearing directly upon charges made.

 b! Be specific as to each allegation, if allegations are specific.

 c! Be general in nature, if allegations are general in nature.

In matters relating to a pending investigation, no interviews should be conducted until it is

determined by the USAs office, the Department of Justice and/ or FBI Headquarters, that such

action will not hinder the investigation and/or prosecution. The SAC or any Special Agent

designated by SAC may administer the oath in these statements since, under existing regulations,

Agents are authorized to administer oaths in cases involving irregularities or misconduct in office

of a Government employee. This statement is comparable to an affidavit, but does not necessitate

notarization.

! Forward the original and one copy of these statements to FBIHQ under the appropriate case

caption and retain a copy in the field office or Headquarters file. If the allegationsrelateto a matter

currently being investigated, prosecuted or on appeal, the USA's office or in aggravated instances,

Office of Professional Responsibility-Department of Justice! should be made aware and an opinion

sought as towhether or not immediate preparation of the employee's statement would have a

detrimental effect on the substantive investigation. Thereafter, if appropriate, a signed copy of any

statement obtained can also be furnished to the appropriate USA so that the court records will

clearly show the truefacts and any false allegations made will not stand undisputed in the court

record.

! If the matter, whether criminal or administrative in nature, is considered sufficiently serious, an

attempt should be made to obtain the complainant's allegation in the form of an affidavit or sworn

signed statement also.

13-6 ADMINISTRATIVE OR CRIMINAL PROCEEDINGS - USE OF INTERVIEW FORMS

 See MAOP, Part I, 13-4; MIOG, Part I, 263-5.!

! Prior to the interview of an employee against whom allegations of criminal misconduct have

been leveled a decision should be made as towhether the goal of the interview is to obtaina

statement admissible in subsequent criminal proceedings or whether the goal is to compel the

employee to make a full statement of the facts in order to ascertain what administrative action,if

any, is appropriate. This decision is to be made by OPR, FBIHQ.

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! To ensure that employees being interviewed are fully and consistently made aware of their

rights and obligations, two forms have been adopted for use in such interviews. The Office of

Professional Responsibility, DOJ, has fully endorsed the use of these forms. These forms are only

to be utilized during OFFICIAL administrative inquiries and only when authorized by FBIHQ

 primarily those supervised by OPR!.

! Neither of these two forms FD-644 nor FD-645! which are described below are to be routinely

used during the investigation of a shooting incident. They will be used only in those shooting

inquiries when instructed to do so by FBIHQ as set forth in MIOG, Part II, Section 12-l l.7.

The decision as to which form will be used in a particular inquiry will be made by OPR, FBIHQ,

on a case-by-case basis, in accordance with the principles set forth below.

13-6.1 Criminal Proceeding Contemplated or Possible

 l! Form A FD-644! captioned "Warning a.nd Assurance to Employee Requested to Provide

Information on a Voluntary Basis," is to be utilized in situations where an employee is provided an

opportunity to voluntarily respond to questions concerning allegations of job-related misconduct

which have the potential for criminal prosecution, but wherein the employee is not being compelled

to answer questions or provide a statement. Use of this form should assure that any statements

obtained will be freely and voluntarily given and, hence, admissible in any future criminal

proceeding.

! Full Miranda warnings will be given to employees only in situations where the employee to be

interviewed is in custody or is significantly deprived of his/her freedom of action, an arrest is

clearly intended at the conclusion of the interview, or whether in custody or not, the employee

being interviewed has previously been arrested or formally charged and prosecution is pending on a

Federal offense a.nd the questioning concerns that offense or a related Federal offense.

! Whenever Form FD-644 is utilized, a.n interview log should be prepared in accordance with the

Legal Handbook for Special Agents, Section 7-9.

13-6.2 Inquiry Solely for Administrative Purposes

! In a situation where the allegation, if true, has the potential for criminal prosecution, but a

decision has been made not to seek an admissible statement, but rather, to compel the employee to

fully and candidly answer all questions concerning the alleged incident!, Form B FD-645!,

captioned "Warning and Assurance to Employee Required to Provide Information," should be used.

However, prior to the use of this form in any instance where the allegation, if true, would have

potential for Federal criminal prosecution of the employee to be interviewed, OPR-Inspection

Division must present the facts of the case to OPR-DOJ and obtain an initial opinion that the matter

in question should be handled administratively rather than criminally. This is necessary because

any incriminating statement obtained after use of Form FD-645 will not be admissible in a criminal

prosecution of the employee.

! In a situation where the allegation, if true, has potential for non-Federal prosecution, and a

decision has been made by FBIHQ to compel full answers from the employee regarding the matter

under investigation, Form FD-645 should be used.

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! In all other instances where an employee is being interviewed in connection with an official

administrative inquiry, Form FD-645 should be used.

! There is no Sixth Amendment right to counsel in purely administrative interviews. Therefore,

even if the employee specifically requests to have an attorney present during the course of the

interview, the Bureau is not legally obliged to agree to this condition. Any administrative decision

to allow the presence of counsel during an administrative interview is to be made by OPR, FBIHQ.

! An interview log is not required when Form FD-645 is utilized. Those conducting such

administrative interviews of employees should be alert, however, to circumstances where good

judgment might warrant preparation of an interview log; for example, in those interviews of a

particularly sensitive nature or in those concerning serious misconduct involving veterans which

may ultimately be heard before a Merit Systems Protection Board.

13-7 REPORTING

! In most instances, after FBIHQ has been initially notified of the allegation, it will be

satisfactory for the responsible official to report the facts pertaining to the misconduct or improper

performance of duty, by letter setting forth a concise statement of the situation together with

supporting documentation and statements. In all cases, whether or not it is felt administrative action

is necessary, a statement that administrative action is, or is not, recommended must be made. There

can be no deviation from this procedure.

! To prevent unauthorized disclosure of these allegations and the subsequent inquiry, a separate

eld office file should be opened and indexed under a "263" classification for each investigation

and be maintained in the SAC's safe. This file number will be included on all communications

between field divisions and FBIHQ; communication being directed to the personal attention of the

SAC and/or enclosed in a sealed envelope to FBIHQ, Attention: OPR-Inspection Division.

! Copies of the allegations and subsequent investigation should not be placed in the accused's

field office or FBIHQ personnel file. Only if some form of administrative action is taken will there

be any need to address the allegation in one's personnel tile. This is satisfactorily handled by a

designated copy of the approved justification memorandum and/ or addendum s! being placed in the

personnel file at FBIHQ as well as copies of the outgoing communication to the employee being

placed in both the field office and FBIHQ personnel les.

13-7.1 Format

Certain factual situations may require the letters in which they are reported to exceed one page in

length. In these instances, such letters should conform to the following format:

! Title--This should, when possible, relate only to the substance of the allegation regardless

whether or not it originated out of a substantive investigation or is work related. The title should

include the employee s! name; general allegation i.e., alleged professional misconduct, etc.!;

complainant, if appropriate; division and classification, i.e., OPR Matter.

! Synopsis--Here should be stated briey, but clearly the pertinent facts relating to the situation.

While brief, the synopsis should contain sufficient facts to give any reviewing official a clear

picture of each allegation and whether they are true or false.

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! Action taken--Here should be clearly enumerated the action taken by the Bureau official

pertaining to the employee in connection with the misconduct or improper performance of duty.

For example, a statement as to the time and date an employee Was suspended from active duty, or

an explanation as to any investigation or information sought from other eld offices in running out

the allegation, or the like, should be set forth under this heading.

! Work record and any aggravating or mitigating factors--Under this heading should be reported

pertinent comments regarding the general Work performance record of the employee. In addition,

any other factors of an aggravating nature or which might have a mitigating or balancing effect

upon the dereliction should be set forth. For example, if an employee put a great deal of hard Work

and effort into a matter and Was also responsible for certain shortcomings, the administrative action

finally decided upon Would be dependent upon a balancing and weighing of the good and bad

aspects. However, any mitigating facts should not be restricted to the particular case or incident

from which the dereliction arises. An employee may have performed creditably in other cases

recently, on other occasions or displayed a commendable attitude which factors should be brought

to FBIHQ's attention.

! Comments and conclusions--Under this heading should be set forth the observations of the

Bureau official and the conclusions upon which the recommendations for administrative action are

based.

! Recommendations--Under this heading should be set forth the recommendations as to what, if

any, administrative action is necessary.

! Enclosures--Attach statements of the complainant, Witnesses and employee s!, as Well as any

documentation relevant to the inquiry.

13-7.2 Investigative Reports See MIOG, Part 1, 263-7.1.!

 l! Matters involving criminality or serious misconduct supervised/investigated by OPR should, for

the most part, be submitted to FBIHQ by Investigative Report which should be thorough, precise

and to the point. There may be instances Where the extent of the inquiry is so minimal that an

Investigative Report would not seem necessary. Any question conceming Whether or not to submit

an Investigative Report should be resolved by consulting with OPR.

! Synopses of OPR Matter Investigative Reports should be extremely complete to include all

allegations, the results of investigation and the subject employee's responses to these allegations.

Consideration should be given to including a table of contents in these Investigative Reports.

! Three copies of the Investigative Report four copies if the matter involves a substantive case!

should be submitted by cover electronic communication EC!, in a sealed envelope, to FBIHQ,

Attention: OPR. The cover EC should contain the SAC's observations, comments, mitigating or

aggravating circumstances, as Well as SAC's recommendations for administrative action.

! FBIHQ is to be the office of origin in OPR Matter investigations.

13-8 ALLEGATIONS MADE BY INDIVIDUALS OUTSIDE THE BUREAU

 l! In instances in which allegations are made by persons outside the Bureau against Bureau

personnel or the Bureau itself and such charges are disproven, prompt action should be taken to

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refute such claims both with the source of the erroneous complaints and others having knowledge

of the allegations, including news media carrying stories on the matter. Where possible, every

effort should be made to have the refutation appear in the same article with the charges. Whenever

the advisability of taking this action appears questionable, FBIHQ should be advised and a

recommendation made on this point setting out clearly the reasons on which the conclusion is based.

! If allegations are made against Bureau personnel by subjects of Bureau cases during a court trial,

it is the responsibility of the SAC with the concurrence of the USA and/ or DOJ, to see that proper

refutation is made and that such refutation appears in court records in accordance with the Manual

of Investigative Operations and Guidelines, Part II, Section 6. The purpose of this is to insure that

in case of an appeal the Bureau's refutation is in the court's record. FBIHQ is to be advised

promptly of all pertinent facts and circumstances relating to such allegations and refutations.

13-9 SUSPENSION WITHOUT PAY See MAOP, Part I, 13-12 !.!

! No Bureau employees are to be suspended without pay without prior FBIHQ approval. Where

the seriousness of the situation warrants, the Assistant Director of the Personnel Division may be

contacted telephonically. His instructions regarding suspension without pay or other immediate

action to be taken pending a nal determination of the matter may be secured.

! In cases involving disciplinary suspension without pay for seven or more consecutive calendar

days, SF-8 will be sent to the employee by Personnel Management Section, FBIHQ, as an

enclosure with the letter addressed to employee containing suspension notification. However, when

telephonic or teletype instructions are issued by FBIHQ suspending the employee for seven or more

consecutive calendar days, instructions will be issued and recorded that SF-8 be furnished.

! Employees who are under suspension without pay cannot legally be permitted to work during

the period of suspension. If employees offer to work while under suspension, they should be

informed it is illegal. FBIHQ decision in such instances is unnecessary, although FBIHQ should be

informed of the employee's attitude in making the offer.

! Upon return to duty from suspension an SF-52 must be submitted to FBIHQ. The following

items must be completed:

 a! Part A, Items 1,3, 5, and 6

 b! Part B, Items l, 2, 3, and 22

13-10 PROCEDURAL RIGHTS OF PREFERENCE ELIGIBLE EMPLOYEES

REGARDING ADVERSE ACTIONS See MAOP, Part 1, 1-29, 1-30.3, 3-6.1, 8-1.11, 8-

1.12.2,10-6,10-7,13-11!,13-13,14-4.1&14-4.2.!

! A "preference eligible" employee who has completed one year of current continuous service in

the same or similar positions within an agency may have certain rights when an adverse action is

proposed or taken against the employee. For the purposes of this manual, an "adverse action"

involves removal, suspension for more than 14 days, reduction in grade or pay, or a furlough of 30

days or less. Such an action may only be ta.ken for such cause as will promote the efficiency of the

service. See Title 5, United States Code USC!, Sections 7511-7513.! See MAOP, Part 1, 21-1.!

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! As a general matter, a preference eligible employee includes an honorably discharged veteran

who served on active duty during a War or in a campaign or expedition for which a campaign badge

has been authorized; during the period beginning on April 28, 1952 and ending on July 1, 1955; or

for at least 180 days during a period occurring after January 31, 1955 and before October 15, 1976

 With exceptions applying to the National Guard and the Reserves!. The term also includes certain

disabled veterans. In addition, under certain limited circumstances "preference eligible" can include

an unmarried Widow/widower of a veteran, the spouse of a disabled veteran, or the mother of a

deceased or disabled veteran. It does not include members of the FBI-DEA Senior Executive

Service. See Title 5, USC, Section 2108.!

! With respect to adverse actions, the procedural rights of a preference eligible employee Who has

completed one year of current continuous service are set forth at Title 5, USC, Section 7513. These

rights include: a! at least 30 days advance Written notice stating the specific reasons for the

proposed action, unless there is a reasonable cause to believe the employee has committed a crime

for which a sentence of imprisonment may be imposed; b! a reasonable time of not less than seven

days to answer orally and in Writing and to fumish affidavits and other documentary evidence; c!

the right to be represented by an attorney or other representative; d! a written decision Which

includes the specific reasons for the agency action; e! the right to appeal the adverse action to the

Merit Systems Protection Board MSPB!; and, f! the right to inspect documents which the agency

relied upon in arriving at its decision. As a general matter, appeals to the MSPB by preference

eligible employees are to be filed within 30 days after the effective date of the adverse action.

! During the period of advance Written notice, the employee may be retained on active duty, be

placed on administrative leave, be placed on annual leave or leave Without pay with the employee's

consent, or be suspended Without pay if the suspension does not exceed 14 days in length.

! Like nonpreference eligible employees, a preference eligible employee who has completed

his/her one-year probationary period see MAOP, Part 1, Section 21! may appeal an adverse action

to the Assistant Director, Administrative Services Division, FBIHQ.

! Any necessary notices to preference eligible employees Will be handled by FBIHQ.

! Upon receiving an employee's reply to the notice of proposed disciplinary action, FBIHQ will

consider the reply and advise the employee in Writing of the nal decision.

 8! A nonpreference eligible employee in an "excepted service" agency such as the FBI is not

LEGALLY entitled to the same procedural rights afforded to a preference eligible employee in

adverse action cases.

13-11 USE OF AN INDEFINITE SUSPENSION IN PERSONNEL MATTERS See MAOP,

Part I, 1-29.!

! Indenite suspensions are defined by the FBI as the placing of an employee in a temporary

status Without duties and pay pending investigation, inquiry, or further agency action. The

indenite suspension continues for an indeterminate period of time and ends with the occurrence of

the pending conditions set forth in the notice of action which may include the completion of any

subsequent administrative action. An indenite suspension may be imposed When it is determined

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Workers or the public, to the FBIs operations, or to national security interests pending additional

investigation into the underlying conduct of the employee. Members of the FBIs Senior Executive

Service SES! are not covered by this policy. Rather, indefinite suspensions involving members of

the FBIs SES are govemed by the adverse action provisions set forth in the FBIs SES policy.

! An indefinite suspension for more than 14 days is considered an adverse action under 5 CFR,

752.401 a!!. Preference eligible employees are, therefore, afforded statutory entitlements which

are set forth in Title 5, USC, Section 7513 and MAOP, Part I, 13-10.

! See MAOP, Part I, 1-29 for further information conceming the use of an indefinite suspension

in matters involving revocation of a security clearance.

13-11.1 Use of an Indefinite Suspension in Matters Involving Criminal Conduct

! Each incident involving suspected criminal conduct Will be considered from the viewpoint of

Whether the employee's continued presence in the Workplace is detrimental to the FBI in

accomplishing its mission. Should the Office of Professional Responsibility OPR! find that

reasonable cause exists to believe an employee has committed a crime for which a sentence of

imprisonment may be imposed, a letter signed by the Assistant Director, OPR, will be prepared

advising the employee that he/she will be placed on indenite suspension Without pay or duties!

and the reason for such action. Reasonable cause may be established, for example, by a.n indictment

arrest, the filing of criminal information, credible nevvs reports of egregious acts that are

detrimental to the Bureau's mission, such as murder or national security offenses, or through a

judicial determination of probable cause. A Warrantless arrest alone may not be sufficient to

establish reasonable cause. Separate action may be taken to suspend the employee's security

clearance in comrection with a criminal case. In these types of criminal conduct cases, employees

Wlll not be given the option ofusing leave. See MAOP, Part 1, 1-29.!

! An indefinite suspension for more than 14 days is considered an adverse action under Title 5,

United States Code USC!, Section 7512 and Title 5, Code of Federal Regulations CPR!, Part

752.401 a!!. When an adverse action is proposed or taken against a preference eligible employee,

i.e., certain veterans or the spouses, Widows, or mothers of veterans who meet the definition of

"preference eligible" in Title 5, USC, Section 2108, specific statutory rights apply. Information

regarding these rights Will be contained in the letter advising the employee of the proposed

indefinite suspension.

Since federal law requires that a preference eligible employee continue to be paid during the

advance notice period even if required to be absent from the Work place, any preference eligible

employee receiving a letter proposing his/her indefinite suspension will remain on administrative

leave with pay until a nal decision regarding placing the employee on indenite suspension is

made and communicated, in Writing, to the employee.

! Nonpreference eligible employees do not have the additional rights granted to preference

eligible employees. Accordingly, an indefinite suspension is effective upon receipt of the Written

notice of such, a.nd no appeal rights are afforded.

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13-11.2 Other Sources of Compensation During Period of Indefinite Suspension

! During periods of indenite suspension, an employee may request approval for outside

employment following established Bureau procedures, which include review to determine whether

the proposed outside employment presents a conict of interest. For a eld support employee, an

outside employment request should be submitted through the security officer in the eld ofce

where located. For an FBIHQ support employee, an outside employment request should be

submitted to the Reinvestigation Unit, Security Division. For a Special Agent, an outside

employment request should be submitted through the Employee Benets Unit, ASD. Form FD-331

should be used for such purposes. Review will be expedited upon the employee's request.

! The written notice of indenite suspension will include instructions to the ofce to provide the

employee a copy of Standard Form 8, Unemployment Compensation for Federal Employees

Program; Notice to Federal Employees About Unemployment Compensation. For additional

information on this topic, employees must contact their state or local unemployment compensation

ofce.

13-11.3 Removal From Indefinite Suspension

An indefinite suspension will be terminated upon completion of the FBI's inquiry and decision

concerning the status of the employee i.e., a decision to fully or partially allow the employee to

return to the work place or to terminate employment with the FBI!.

13-11.4 Back Pay Matters

If investigative results determine that an employee is to be restored to full duty, the employee is

immediately eligible to return to a paid status. In each such case, the Assistant Director, ASD, will

cause a review of the circumstances to determine whether back pay may be appropriate for the

period of indenite suspension and make decisions on a case-by-case basis. In addition, when an

employee's return to duty is delayed, back pay may be afforded from the time the decision to allow

the return to work and the actual return to work date. Such cases are reviewed on their merits and

decisions regarding pay and placement are made accordingly.

13-12 RESIGNATION TENDERED DURING PERSONNEL ACTION INQUIRY

 FORMERLY 13-11! See MAOP, Part I, 17-1.1.!

! It may be that an employee would rather submit his/her resignation than see the inquiry

continue and face possible charges. Division heads, SACs and other supervisory employees may,

upon conclusion of their ndings, discuss with the employee what the intended recommendation to

FBIHQ will be with respect to administrative action, being careful to point out at the same time that

any formal action or charges will be made at FBIHQ. Accordingly, it is permissible to discuss the

possibility of resignation with the employee. Duress, deception, intimidation or anything similar

will not be tolerated and must not be used to inuence employee's decision nor may employee be

denied adequate time, if requested, to make a decision between resigning or seeing the inquiry

continued. Employee should be advised of the Bureau's procedures for employee discipline and that

these procedures allow an employee the opportunity to rebut negative allegations and

recommendations of his/her supervisors. Employee should also be advised that a voluntary

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resignation might preclude him/her from receiving unemployment compensation he/she may

otherwise be entitled to.

! Should an employee involved in allegations submit his or her resignation from the Bureau's

service, such resignation should be received and forwarded to FBIHQ.

13-13 SCHEDULE OF DISCIPLINARY OFFENSES AND PENALTIES FOR FBI

EMPLOYEES FORMERLY 13-12! See MAOP, Part 1, 1-30.3 and 21-7 !.!

! This schedule is to be used only as a guide in determining appropriate discipline based on the

violation of regulations by Bureau employees. This schedule is not all inclusive, and nal

determination of the appropriate disciplinary action warranted in each case will be made by FBIHQ

except for those matters delegated to SACs and Assistant Directors see 13-2! of this section for

details!. It should be noted that the decision-making process utilized in determining appropriate

action in disciplinary matters is extensive in nature a.nd involves input from every level of

management in FBIHQ. In addition, consideration is given to Bureau policy and similar incidents

previously resolved, as well as any aggravating or mitigating circumstances of the case in point. In

some instances, discussions are held with the Department of Justice and the Ofce of P6ISOl1l16l

Management before a nal determination is made. In most instances, penalties for violations of

regulations will fall within the range of penalties set forth in this schedule. In aggravated case, a

penalty outside the range of penalties may be imposed. For example, supervisors a.nd Bureau

ofcials, because of their responsibility to demonstrate exemplary behavior, may be subject to a

greater penalty than is provided in the range of penalties. The purpose of this schedule is not to

remove the personnel management decisions made in all disciplinary matters but rather to provide

an example and guide which is used at FBIHQ and in the eld in connection with decisions made

in regard to disciplinary matters.

! In regard to suspensions, it is noted that the Civil Service Reform Act CSRA! of 1978 provides

that days of suspension will be computed in terms of calendar days, not days worked. Therefore,

recommendations for a period of suspension will only be made in terms of calendar days. A period

of suspension will always commence at the close of business, Friday of any given week. For

example, recommendation of seven ! days suspension, if approved, will result in a forfeiture of

ve days pay whereas a recommendation of fourteen 4! days suspension will result in a

forfeiture often days pay. A period of suspension in excess of 14 calendar days is an adverse

action as dened in the CSRA of 1978 see 13-10 of this section for details!.

! A non-SES employee desiring to appeal any suspension from duty without pay and/ or an

adverse disciplinary sanction will be required to le an appeal stating the grounds relied upon in

writing. Only employees who have completed the one-year two years for Special Agents and

forensic examiners! probationary period required by the FBI will be entitled to an appeal. This

appeal must be led within 30 days following notication of the disciplinary action to the

employee. The Deputy Assistant Director DAD!, Inspection Division INSD!, will serve as the

primary ofcial responsible for the appellate review of disciplinary matters which have involved a

non-SES employee's suspension from duty without pay for a period of 14 days or less called a

nonadverse action!, unless that disciplinary sanction was issued by the AD, OPR. Whenever the

AD, OPR, seryes as the deciding ofcial in the suspension of a non- SES employee in a nonadverse

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action, the AD, INSD, will serve as the deciding appellate official. The decision of the AD or DAD,

INSD, in such matters will constitute the nal authority within the FBI for appellate review.

When a matter under appeal involves a suspension of more than 14 days, demotion or dismissal of

a non-SES employee called an adverse action!, the AD, INSD, will establish a Disciplinary

Review Board DRB! to review the action taken by OPR.

When disciplinary action is taken against SES members or ASACS, the Deputy Director is the

action authority. The Director is the nal appeal authority for disciplinary actions taken by the

Deputy Director. Thereafter, nonpreference eligible FBI employees in the excepted service do NOT

have a right to appeal a disciplinary action to the Merit Systems Protection Board MSPB!. A

"preference eligible" employee who has completed one year of current continuous service in the

same or similar positions in an agency, in addition to being able to appeal a disciplinary action as

indicated above, may also appeal an "adverse action" e.g., removal, suspension for more than 14

days, reduction in grade or pay! to the MSPB. As a general matter, appeals to the MSPB by

preference eligible employees are to be filed within 30 days after the effective date of the adverse

action. See MAOP, Part 1, 13-2, 13-10, 14-4.1 and 14-4.2.!

! COMPOSITION OF A DISCIPLINARY REVIEW BOARD

 a! A DRB will be composed of three voting members, each of whom is a member of the FBI's

Senior Executive Service SES!. After designation as members of a DRB, employees will be

instructed to refrain from acquainting themselves with any facts or circumstances involving the

subject of the appeal, except to review the record of the case.

 b! The DRB will be chaired by the AD, INSD, whenever the disciplinary sanction was imposed by

the AD, OPR. In instances in which the disciplinary action under appeal is decided by the DAD,

OPR, at the discretion of the AD, INSD, the Board may be chaired by the DAD, INSD.

 c! A non-SES employee who appeals a suspension of more than 14 days, demotion or dismissal

will be permitted to select one member of the DRB from a list of all FBI SES participants except

those serving at SES level 6, a.nd those who, due to the nature or geographical location of their

assigmnents, have been determined to pose conicts with the objective and expeditious character of

DRB proceedings. This list will be forwarded by the INSD to the employee's division head, and

made available for the employee's review, upon request, by the division head or his/her designee

 e.g., the Chief Division Counsel!, who will then report the employee's selection to the INSD. The

third member of the DRB will be selected randomly from the same list. After serying on the DRB,

this third member will be removed from the pool of SES participants eligible for random selection

 but not employee selection! for DRBs for the remainder of the fiscal year.

 d! An SES member who serves or last served, in the case of a dismissal! as an employee's rating

or reviewing official will not be permitted to serve as amember of a DRB which decides that

individual's appeal of an adverse disciplinary sanction.

 e! If, after selection, a member of a DRB feels constrained to disqualify himself/herself, a

replacement will be chosen in the same manner the disqualified member was selected.

! INSD AND DRB AUTHORITY AND PROCEDURES

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 a! INSD, in an appeal from a suspension of 14 days or less, and a DRB, in an appeal of a

suspension of more than l4 days, demotion or dismissal, will review the issues presented in writing

by the employee. The review will be of the employee's written appeal, any response submitted by

OPR, and any documentary record. If the record of a disciplinary action taken under the auspices of

OPR is insufficient to decide the merits of an appeal, INSD or the DRB may remand the case to

OPR and direct such additional investigation and ndings as may be necessary. Nothing shall

preclude INSD or a DRB from requiring an oral presentation if considered helpful to a resolution of

the appeal.

 b! An appeal of a suspension of l4 days or less will be decided by the designated INSD official.

The decision of a DRB in an appeal of a suspension of more than 14 days, demotion or dismissal

will be by majority vote.

 c! In exercising appellate authority, INSD and a DRB may independently redetermine the factual

ndings and/or the penalty imposed. However, in the event that a different disciplinary sanction is

determined to be appropriate, that sanction must be consistent with applicable disciplinary

precedent.

 d! After reaching a decision in the review of an appeal, INSD or a DRB will document its findings

in writing and provide the employee a written decision.

 e! If INSD or a DRB finds that an employee has not received the procedural protections in the

disciplinary process to which he/she is entitled, it may retain the matter for decision, e.g., when the

matter involves harmless error, may refer the matter back to OPR for corrective action; or may

reverse or modify the action of the deciding official.

 f! The decision of INSD or of a DRB conceming the merits of an appeal involving a non-SES

employee will constitute the final decision of the FBI concerning the appropriateness of the

disciplinary sanction in the matter under appeal.

 g! Decisions by the INSD or a DRB in the appeal of disciplinary sanctions will be implemented no

later than 60 calendar days after the appellate decision is rendered in writing.

These procedures will not apply to matters involving an appeal of an adverse disciplinary action

resulting from an employee's loss of a security clearance.

The expansion of procedural entitlements in the appeal of disciplinary actions will not include the

right of appeal to the MSPB. The statutory right to appeal a.n adverse disciplinary action to the

MSPB is preserved for preference eligible employees. Existing policies goveming indefinite

suspensions, administrative leave actions, fitness for duty determinations and nonadverse actions

will not be affected by this expansion of appellate procedures.

! The following definitions are furnished for information. This schedule does not include

discipline required by law or infractions which, in addition to being a violation of Bureau rules and

regulations, are also a criminal offense.

 a! Oral reprimand--Employees are advised of deficiency or infraction of regulations and notation

made in personnel file relating to the need for the official reprimand.

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 b! Commented upon in annual performance rating--In this instance, the infraction warranted more

than an oral reprimand but is not considered severe enough for official recognition in the form of a

letter of censure. This refers to Work-related matters only.

 c! Censure--Official Written reprimand.

 d! Censure and probation--Official Written reprimand which includes a minimum probationary

period of 90 days for Special Agents and 60 days for other employees.

 e! Censure, probation and suspension--Official Written reprimand Which, in addition to a

probationary period, includes a period of time in which the employee is removed from duty Without

Pay-

 f! Demotion--Any reduction in grade or pay.

 g! Removal--Dropped from the rolls of the FBI.

! The standards by which all employees are held are set forth in greater detail in this manual. For

further reference, these standards of conduct can be found in the Department of Justice Order 350-

65 captioned "Standards of Conduct," Executive Order 12764, a.nd the ETHICS HANDBOOK

which is distributed to all personnel.

 8! An employee may be censured When the cause for administrative action is sufficiently

aggravated as to require a Written reprimand. At the time FBIHQ makes a promotional decision, all

relevant information including the cause for a disciplinary matter, including probation, is

considered. FBIHQ expects the employee's superior to provide a strong favorable recommendation

when the employee has been the subject of disciplinary action Within the preceding 12 months.

Lacking such a recommendation, FBIHQ may determine that a promotion from one GS or Wage

level to another should be delayed for a period of up to 60 days for support employees or up to 90

days for Agents. See MAOP, Part 1, 3-1.2.2 ! & !.!

SCHEDULE OF DISCIPLINARY OFFENSES AND PENALTIES FOR FBI EMPLOYEES

1. Unexcused or unauthorized absence of 8 hours or less

Applies to: All Personnel

First Offense - Oral Reprimand to 3-day suspension

Second Offense - Oral Reprimand to 5-day suspension

Third Offense - Oral Reprimand to removal

2. Excessive unauthorized absence in excess of 8 hours!

Applies to: All Personnel

First Offense - Oral Reprimand to 5-day suspension

Second Offense - Oral Reprimand to 15-day suspension

Third Offense - Oral Reprimand to removal

3. Work deciencies a.nd/or inattention to duty See MAOP, Part 1, 8-1.11.!

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Applies to: Agent Personnel

First Offense - Oral reprimand to removal

Second Offense - 5-day suspension to removal

Third Offense - l5-day suspension to removal

Applies to: Non-Agent Personnel Excluding Fingerprint Examiners, Information Services Section,

Criminal Justice Information Services Division, for Whom standards of production and accuracy, as

Well as minimum penalties, have been established.!

First Offense - Oral reprimand to removal

Second Offense - 3-day suspension to removal

Third Offense - 5-day suspension to removal

4. Insubordination See MAOP, Part 1, 8-1.11.!

Applies: All Personnel

First Offense - Censure to removal

Second Offense - 5-day suspension to removal

Third Offense - 15-day suspension to removal

5. Unauthorized possession of, use of, or loss or damage to government property other than motor

vehicle or aircraft

Applies to: All Personnel

First Offense - No action to removal

Second Offense - Oral reprimand to removal

Third Offense - Censure to removal

6. * **Unauthorized possession of, use of, loss of or damage to government-owned or -leased motor

vehicle or aircraft

Applies to: All personnel

First Offense - Oral reprimand to removal

Second Offense - 3-day suspension to removal

Third Offense - 5-day suspension to removal

***Title 31, U.S. Code, Section 1349 b!, provides a minimum of 30 days suspension for employee

Who willfully uses or authorizes the use of any govermnent-owned or -leased motor vehicle or

aircraft for other than official purposes. See MAOP, Part l, l-3.1.!

7. Traffic violations

Applies to: All personnel

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a. Aggravated all types!

First Offense - Oral reprimand to removal

Second Offense - Oral reprimand to removal

Third Offense - Oral reprimand to removal

b. Driving Under the Inuence or While Intoxicated See MAOP, Part 1, 1-30.3 and 8-1.12.2.!

First Offense - 30-day suspension to removal

Second Offense - Removal

8. Illegal use of controlled substance drugs a.nd marijuana!

Applies to: All personnel

First Offense - Censure to Removal

Second Offense - Removal

9. Criminal, dishonest, immoral, infamous or notoriously disgraceful conduct

Applies to: All personnel

First Offense - Oral reprimand to removal

Second Offense - 5-day suspension to removal

Third Offense - 30-day suspension to removal

10. Failure to honor conrmed nancial obligations

Applies to: All personnel

First Offense - Oral reprimand

Second Offense - Oral reprimand

Third Offense - Oral reprimand to removal

l 1. Unauthorized disclosure of information from Bureau records

Applies to: All personnel

First Offense - Oral reprimand to removal

Second Offense - Removal

12. Falsication of official documents and/or records

Applies to: All personnel

First Offense - Oral reprimand to removal

Second Offense - Removal

13. Availability

Applies to: All personnel

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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

First Offense - Oral reprimand to removal

Second Offense - Oral reprimand to removal

Third Offense - Oral reprimand to removal

14. Fitness for duty overweight!

Applies to: Agent Personnel

First Offense - Oral reprimand

Second Offense - Oral reprimand to 5-day suspension

Third Offense - Oral reprimand to 15-day suspension

15. Smoking regulations See MAOP, Part 2, 2-1.6.!

Applies to: All personnel

First Offense - Oral reprimand to censure

Second Offense - Oral reprimand to 5-day suspension

Third Offense - Oral reprimand to 14-day suspension

16. Security violations for:

Applies to: All personnel

a. Loss of classied/sensitive information

First Offense - Censure to removal

Second Offense - Suspension to removal

Third Offense - Suspension to removal

b. Mishandling classified/sensitive information by: improper removal, storage to include

unlocked/unsecure safes, vaults, or cabinets!, disposal, transpolting, reproduction, transmittal, or

access

Applies to: All personnel

First Offense - Oral reprimand to removal

Second Offense - Censure to removal

Third Offense - Suspension to removal

c. Computers

Applies to: All personnel

Medium Risk

1. Failure to properly label ADP storage media

2. Unauthorized Software

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SENSITIVE

3. Unlicensed Software

4. Nonofficial use of FBI computers

5. Introduction of malicious code

First Offense - Oral reprimand to removal

Second Offense - Censure to removal

Third Offense - Suspension to removal

High Risk

l. Misuse of accessor IDs and passwords

2. Improper maintenance

3. Improper equipment and media disposal

4. Failure to maintain proper control of FBI microcomputers and ADP storage media

5. Unauthorized telecommunications

6. Unauthorized access to FBI computers or networks or exceeding authorized codes

First Offense - Censure to removal

Second Offense - Suspension to removal

Third Offense - Suspension to removal

d. Routing of "Top Secret" or SCI information by telelift system mail-mobile pneumatic tube U S

Postal Service, or other commercial mail S¬l'VlC¬

Applies to: All personnel

First Offense - Oral reprimand to removal

Second Offense - Oral reprimand to removal

Third Offense - Censure to removal

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Man]-1]!: MAOPP1 MANUAL OF ADMIN OPERATIONS AND PROCEDURES PART 1

13-13.1 Moved to 13-14.1

13-13.2 Moved to 13-14.2

13-13.3 Moved to 13-14.3

13-13.4 Moved to 13-14.4

13-13.5 Moved to 13-14.5

13-14 DISCIPLINARY PROBATION FORMERLY 13-13! See MAOP, Part |, 1-30.3, a1.12.2.!

Disciplinary probation is a corrective and/ or punitive procedure Which may be imposed with

censure and/or suspension when so dictated by the factual situation! to closely monitor an

employee's performance with intent to provide counsel and correction during a specied period of

time. During the disciplinary probation period, a denial of certain employee benefits may be

imposed.

13-14.1 Purpose of Disciplinary Probation Formerly 13-13.1!

To provide the employee With notice that the particular area of inefficiency, delinquency, or poor

judgment, etc., will be afforded close scrutiny for a specied period of time. During the period of

disciplinary probation, the employee is expected to make a concerted effort to improve in the

deficient area.

13-14.2 Length of Disciplinary Probation Formerly 13-13.2.!

The length of the disciplinary probation period is exible and Will be detennined by the Director or

Director's delegated representative. In most cases the original disciplinary probation period will be

90 days for Special Agents and 60 days for support employees.

13-14.3 Effects of Disciplinary Probation on Employee Formerly 13-13.3!

During the period of disciplinary probation an employee:

! Will not be promoted from one GS or Wage Board level to another;

! Will not be considered for advancement Within the Executive Development and Selection

Program of the Bureau;

! Will not be considered for a Personnel Resource List Transfer;

! May have a promotion delayed for a period of time not to exceed the period of disciplinary

probation if the action occurred during the preceding 12 months and has not been offset by a strong

favorable recommendation for promotion from the employee's superior. The final determination

will be made by the Personnel Officer at FBIHQ.

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13-14.4 Application of Disciplinary Probation Formerly 13-13.4.!

An employee will be placed on disciplinary probation only when the cause for administrative action

is work performance related or work-related.

! Work performance considers the technical competence aspect of an employee.

! Work-related action involves judgment, common sense, and the impact the cause has on the

public's perception of the FBI.

13-14.5 Removal from Disciplinary Probation Formerly 13-13.5!

! At the expiration of a disciplinary probation period, the Administrative Summary Unit,

Personnel Division, will activate a computer entry into the Bureau's Personnel Management System

to remove the employee from probation. No paperwork will be involved on the part of the SAC/AD

or FBIHQ for this process to occur. However, should the SAC/ AD choose to recommend that an

employee remain in a probationary status due to continued deciency in the area for which the

employee was disciplined, the Administrative Summary Unit should be telephonically advised just

prior to the end of the period, followed by an appropriate communication detailing the basis for

same. It is important that a tickler be set in the respective divisions so this matter can be followed

closely.

! As a guideline in recommending that an employee in a probationary status be continued in this

status, the employee must continue to be deficient in the area for which they had been initially

disciplined. If the employee is deficient in another area, this would not be sufficient justification to

continue the initial probationary status. If additional problems are identified, the SAC/AD should

seriously consider recommending an additional disciplinary action to address the other deficient

areas, whether it be performance or conduct related.

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SECTION 14. APPEALS AND GRIEVANCES

**EffDte: O2/28/1978 MCRT#: O Div: OPD3 Cav: SecCls:

ALL II=1FURlI.¬LTII]I=I IIIJIETJIIEIEIJ

HEHEIIJ I5 I.IIJi:E1l§§§IFIED

14-1 DATE U2-21.-Ei£EU'.~ BY EUIEEQ E-s.U£ BEQUCFBESTP

 l! The FBI has always attempted to anticipate and avoid

possible sources of employee discontent or grievances by following

fair and objective policies, uniformly applied to all. To detect and

solve grievances which might arise, the FBI depends upon the alertness

of its supervisors and officials.

! The FBI is confident that its indoctrination and

training programs ensure that each employee is fully aware that any

grievance should be brought to the attention of their supervisor so

that the matter may be discussed, explained and resolved. All

employees should be aware that their division head or Special Agent in

Charge is always available for further discussion with them of any

problem which cannot be handled satisfactorily on the supervisory

level; and that any problem which cannot be resolved satisfactorily

on any lower level may be brought to the Director's attention in

writing, or may be presented orally to an appropriate Bureau official.

! Other means by which employees may present their

problems include the suggestion program or contact with the inspectors

who periodically inspect each division or field office. In addition,

certain formal procedures exist as set out in the subsections below.

**EffDte: O2/28/1991 MCRT#: O Div: D3 Cav: SecCls:

14-2 CONTESTING PERFORMANCE APPRAISALS

 See Part I, Section 5 of this manual.!

**EffDte: O2/28/1991 MCRT#: O Div: D3 Cav: SecCls:

14-3 POSITION CLASSIFICATION

Position classification decisions may be appealed in

accordance with provisions of Title 5, Code of Federal Regulations,

Chapter l, Part 5ll. Supervisors should be alert for situations in

which it appears an employee may be considering an appeal.

Experience has shown that if a supervisor carefully explains to an

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Manl-ID: MAOPP1 MANUAL OF ADIN OPERATIONS AND PROCEDURES PART 1

| 14-4.1 |Appeal Rights of Preference Eligible Employees Regarding Adverse

employee the basis for a given classification action misunderstandings

are averted. If difficulty persists in a given case, it may be

feasible to take administrative steps, such as readjustment of work

assignments, to eliminate it. FBTHQ should be notified of problems

which resist settlement. If need arises, FBIHQ will furnish, upon

request, the necessary instructions for filing classification appeals.

**EffDte: O2/28/1991 MCRT#: O Div: D3 Gav: SecCls:

14-4 APPEAL RIGHTS

**EffDte: O2/28/1991 MCRT#: O Div: D3OP Cav: SecCls:

Actions

Pursuant to Title 5, United States Code USC!, Section

7511, "preference eligible" employees e.g., certain veterans! who

have completed one year of current continuous service in the same or

similar positions with an agency may have certain procedural rights

when an adverse action is proposed or taken against them. For the

purposes of this manual, an "adverse action" involves removal,

suspension for more than 14 days, reductions in grade or pay, or a

furlough of 30 days or less. See MAOP, Part T, 13-1O, 13-13! &

14-4.2.!|

**EffDte: 12/O1/1994 MCRT#: 353 Div: D3OP Cav: SecCls:

14-4.2 Appeal Rights in General See MAOP, Part 1, 8-1.11 and 13-13.!

! This subsection provides a general overview of the

appeal rights of an employee when there is an administrative action of

a disciplinary nature. For a discussion of the additional rights of a

preference eligible employee when there is an adverse action, see

MAOP, Part 1, 13-10 and 144.1. For the purposes of this manual, an

adverse action is removal, suspension for more than 14 days, reduction

in grade or pay, or a furlough of 30 days or less. For a discussion

of an employee's rights when there is a proposal for the employee to

be reduced in grade or removed for unacceptable performance, see MAOP,

Part 1, 5-4.7 and 5-4.7.1.

! Recommendations for adverse actions are made by a

field office, headguarters division or the inspection staff and

forwarded to the Office of Professional Responsibility OPR!. The

matter is reviewed in the|Administrative Services!Division or OPR and

a decision recommended. If, following review of the matter by the

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Assistant Director of the OPR, it is determined that administrative

action is warranted, the action is taken and the employee notified.

The action taken or determination made! by the Assistant Director of

the OPR is subject to review by the Deputy

disciplinary action is against a member of

Service SES!, below the rank of Assistant

Deputy Director would determine whether an

warranted. The action taken by the Deputy

Director. If the proposed

the FBI's Senior Executive

Director, or an ASAC, the

administrative action is

Director is subject to

review by the Director. If the proposed disciplinary action is

against an Assistant Director or the Deputy Director, the Director

would determine whether an administrative action is warranted. The

actions taken by the Director with regard to an Assistant Director or

Deputy Director are subject to review by the Deputy Attorney General.

! If the employee has not completed his/her

probationary period of employment which began when the employee

entered on duty, he/she will be notified that he/she has no right to

appeal the action within the FBI see MAOP, Part l, 21-8!. If the

employee has completed the probationary period, the employee will be

notified that he/she may appeal the action to the next level of

authority for appeals. Should an employee who has completed his/her

probationary period be concerned about other administrative actions

taken against him/her short of adverse action, with the exception of

oral reprimands and letters of censure, the employee may express this

concern, through channels, to his/her SAC, Assistant Director, office

head, or the Personnel Officer. In a case where disciplinary action

was taken by an SAC, Assistant Director, office head, or the Personnel

Officer, the appeal will be handled by the Assistant Director,

|Administrative Services!Division. When disciplinary action is taken

against SES members or ASACs, the Deputy Director is the action

authority. The Director is the final appeal authority for

disciplinary actions taken by the Deputy Director. Appeals must be

received within 30 calendar days after the effective date of the

disciplinary action. Thereafter, nonpreference eligible FBI employees

in the excepted service do NOT have a right to appeal a disciplinary

action to the Merit Systems Protection Board MSPB!. A "preference

eligible" employee who has completed one year of current continuous

service in the same or similar positions in an agency, in addition to

being able to appeal a disciplinary action as indicated above, may

also appeal an "adverse action" e.g., removal, suspension for more

than l4 days, reduction in grade or pay! to the MSPB. As a general

matter, appeals to the MSPB by preference eligible employees are to be

filed within 30 days after the effective date of the adverse action.

 See SAC Memorandum ll9O dated April 20, l99O, and MAOP, Part l,

l32! and l3lO, regarding the handling of offenses by SACs and

Assistant Directors.!

! With the exception of the reference to the appeals

rights of preference eligible employees in regard to the MSPB, the

rights discussed in this section are not required by statute or

regulation and should not be construed to indicate or imply that

nonpreference eligible employees in the excepted service have a

property interest in their employment such as in the form of an

expectation of continued employment with the FBI. See MAOP, Part I,

13-1! & 21-1.!

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**EffDte: O5/O1/2002 MCRT#: 1191 Div: OPD3 Cav: SecCls

14-5 CIVIL SERVICE REFORM ACT PUBLIC LAW 95-454!

**EffDte: O4/27/1990 MCRT#: O Div: D3 Cav: SecCls

14-5.1 Public Law 95-454

Public Law 95-454 provides the authority to grant grade

retention for a period of 2 years and the authority for granting

indefinite pay retention when an employee is demoted through no fault

of his/her own. This is provided the demotion is not due to personal

cause based upon conduct, character or inefficiency or at the

employee's own request or consent.

**EffDte: O4/27/1990 MCRT#: O Div: D3 Gav: SecCls

14-5.2 Requirement for Grade Retention

When an employee is demoted to a position which is lower

graded than the position held immediately prior to demotion, as a

result of a reductioninforce or as a result of a reclassification

process, he/she may qualify for grade retention. To qualify, the

employee must have had served 52 consecutive weeks in the same agency

in a grade or grades higher than the one to which demoted, and the

position which is being reduced has to have been classified at the

higher grade for a continuous period of at least one year immediately

before the reduction.

**EffDte: O4/27/1990 MCRT#: O Div: D3 Gav: SecCls

14-5.3 Requirement for Pay Retention

Pay retention shall apply to an employee whose rate of

basic pay would otherwise be reduced as the result of the following:

the expiration of a twoyear period of grade retention; a

reductioninforce when the employee does not meet the eligibility

requirements of grade retention; the reduction or elimination of

scheduled rates; placement of an employee into a nonspecial rate

position or into a lower special rate position from a special rate

position; placement of an employee in a position in a lower wage area

or in a position in a different pay schedule; or the placement of

employee in a formal employee development program upward mobility!.

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4
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**EffDte: O4/27/1990 MCRT#: O Div: D3 Cav: SecCls

14-5.4 Appeals

The denial of grade or pay retention benefits can be

appealed under some circumstances. See Title 5, Code of Federal

Regulations, Chapter l, Part 5ll, for appeal rights.

**EffDte: O3/28/1989 MCRT#: O Div: D3 Cav: SecCls

14-5.5 Temporary Promotion or Reassignment

Employee's entitlement to grade or pay retention is not

affected by a temporary promotion or temporary reassignment. However

an employee serving under a temporary promotion or temporary

reassignment may not retain a grade or rate of basic pay held during

the temporary promotion or temporary reassignment.

**EffDte: O3/28/1989 MCRT#: O Div: D3 Gav: SecCls

14-5.6 Wage Board Employees

Similar salary retention provisions apply to Wage Board

employees.

**EffDte: O3/28/1989 MCRT#: O Div: D3 Gav: SecCls

| 14-6 WITHIN-GRADE INCREASE | See MAOP, Part 1, 8-8.6!|

! An employee who is denied a withingrade increase

because of failure to perform at an acceptable level of competency ma

request reconsideration of the Bureau's action by filing a written

request within 15 calendar days after receiving the denial

notification.

! If the employee files a request for reconsideration,

FBIHQ will establish a reconsideration file containing all pertinent

documents relating to the negative determination and the request for

reconsideration. This file will be made available to the employee

and/or his/her personal representative for review.

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5

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! If the negative determination is sustained after

reconsideration, the employee will be informed in writing of the

reasons for the decision and that he/she has the right of appeal to

| the Merit Systems Protection Board| MSPB!92within|3O|days of receipt of

I the notification. 92An employee can only appeal to the MSPB if he/she

| requests internal reconsideration of the WIGI denial first.92

**EffDte: O2/14/2003 MCRT#: 1258 Div: D3 Gav: SecCls:

14-7 SUPPORT PROMOTION AND PLACEMENT

| Refer to MAOP, Part l, Section|77.92

**EffDte: O6/O6/1995 MCRT#: 389 Div: D3 Gav: SecCls:

k$<"kk%rA"k3<"kA"k%rkk3<"%rkkkk2<"kA"k!<"kA"k%rkkkA"3<"%r kkkk3<"%rk%rkk$<"%rA"k£"kA"k%rkkkA"3<"%rkkk9r

SENSITIVE

6