ICE Directive 1014.1, Directive: 1014.1 ICE Repayment of Student Loans for Recruitment (Superseded)

r `i 4 i O r D3 I fl i 1 1' 1 1 • , • •, : •: • 2. AUTHORITIES/ REFERENCES s i / r / • • ' 1- • • • r 1 • • 1 • y 1 • i 1 • 4.

BACKGROUND.

Under the direction of the Assistant Secretary, ICE is charged with enforcing immigration and customs laws, collecting intelligence, protecting specified federal buildings, and any other functions as the Secretary of Homeland Security may direct. It is critical that ICE employ a highly qualified workforce to perform the work required to accomplish this mission. It is also critical that ICE recruit a highly qualified workforce to maintain focus and continuity in fulfilling its responsibilities. Under federal regulations, ICE may repay federal student loans as an incentive to recruit an employee when ICE has determined that the employee's position is likely to be difficult to fill in the absence of an incentive.

5.

DEFINITIONS.

The following definitions are provided for the purposes of this Directive: ICE Repayment of Student Loans for Recruitment REL0000021426 2 1 t r r 1 t i r; : • • • i M - w :. tlfl 1 r r1 ! r • r 1 a) Permanent employees; b) Employees serving a term appointment with at least three (3) years remaining on their appointment; r1 • •: . • • • f t • 4l1 øJ i 1 ' •p • rrf NOTE: Excepted service employees appointed under the Schedule C authority are nor eligible for student loan repayment benefits. 5.4. 5.5. ICE Principal Headquarters Officers (PHOs) are the Deputy Assistant Secretaries, Program Office Directors, Deputy Directors, Assistant Directors, and Deputy Assistant Directors.

Service Agreement: A written agreement executed by an employee in order to participate in the student loan repayment program wherein the employee agrees to a specified period of employment with ICE of not less than 36 months in return for the payments on the student loan(s) taken out by the employee. t 1 • •• • • t t f • • r f ICE Repayment of Student Loans for Recruitment REL0000021426 3 3) Federal Perkins Loan Program — National Defense Student Loans (made before July 1, 1972), National Direct Student Loans (made between July 1, 1972, and July 1, 1987), and Perkins Loans (made after July 1, 1987); and 7.1. The Assistant Secretary, ICE, establishes the general policy direction for the administration of student loan repayments and evaluates the effectiveness of the program within ICE. .fl; flLWiM r 1 • • 1 1 1 • • •, ICE Repayment of Student Loans for Recruitment REL0000021426 4 7.3. PHOs and PFOs must ensure compliance with merit system principles and take into consideration the need to maintain a balanced and diverse workforce when selecting employees to receive loan repayment benefits. 1) Ensure the availability of funds prior to authorizing reimbursement; 5) Maintain a record of each written determination in support of the repayment of a student loan and ensure that these records are available for review upon request from OPM; 6) Retain a record of each written determination for a minimum of 3 years after which time they may be destroyed; 7) Verify that a student loan is federally insured and eligible for repayment under this ► • 8) Verify the current loan balance at the time of the initial payment and any subsequent payment; 9) Reach agreement with the loan holder on terms of payment; 10) Ensure that the employee signs the student loan repayment service agreement prior to payment; 11) Obtain proper approval from the approving official, including a certification of the availability of funds; 12) Obtain approval before the employee enters on duty; and 13) Provide documentation to 01-IC for incorporation into lCE-wide reports.

1) Make loan payments on the portion of the loan that continues to be the employee's responsibility; 2) Pay any income tax obligation(s) resulting from the loan repayment benefit; and ICE Repayment of Student Loans for Recruitment REL0000021426 5 3) Fulfill the requirements of the service agreement. .1. Criteria for Payment i1 # of ~' • • • •! c'~ ~~~' , 3) Loan repayment to an employee may be authorized upon a determination that in the absence of a loan repayment benefit ICE would have difficulty filling the position with a highly qualified candidate. f r , r, f #' f f , r' • i 1 a) Factors that should be considered and which should be addressed in the written determination when deciding whether to offer the benefit to an employee include: 1) The success of recent efforts to recruit suitable candidates for similar positions, including such indicators as offer acceptance rates, the proportion of positions filled, and the length of time required to fill positions; 2) Recent turnover in the same or similar positions; 3) Labor market factors that affect the ability to recruit for similar positions; and 4) Highly specialized skills or qualifications needed for the position. b) Factors that should be considered, and which must be documented in the written determination, when deciding the amount of a loan repayment benefit include: 1) The severity of the recruiting problem; 2) Current salary of the candidate; ICE Repayment of Student Loans for Recruitment REL0000021426 0 jj9i .J!P 1 ► i • i •; 4) The extent of the individual's past training and experience that serves to qualify him/her for the position; and 5) Availability of funds. 8,2. Service Agreement a) The agreement must be to serve for a minimum of three (3) years with ICE, regardless of the amount of repayment authorized. b) This three (3) year period will begin when the first payment is made to the holder of the loan. • i• • r • r 1 t 1 • •- : r • i 1 • •• 1 11' . $I I a) The employee's position; b) The duties he or she is expected to perform; c) The employee's work schedule; and d) The employee's required level of performance. • # r:• •• • • + 1 • ' ICE Repayment of Student Loans for Recruitment REL0000021426 7 r 1 1 : i i 1! • •- . is i • !

1 • • i f: 1. 1 .' f ,,• •i I is 1 • I II II I : [ b) A waiver may be considered, but is not automatic, when an employee accepts a position in another component of DHS. r rr/ I r 1 ri •: -• / r rr 1 • . I M • 1 1 : :11 • r:• . it • • : •: 2) A copy of the statement from the employee's lending institution verifying the outstanding loan amount(s), the employee's loan account number(s), the lending institution's Federal Tax Identification Number, and the lending institution's Electronic Funds Transfer (EFT) routing numbers. 8.6.

Procedures for Making Loan Repayments 1 II I [CE Repayment of Student Loans for Recruitment REL0000021426 8 O iiiai II . r r 9.

ATTACHMENTS 9.1.

Attachment l , Repayment of Student Loan Request Format. • 9.3. Attachment 3. Service Agreement. 10.

NO PRIVATE RIGHT STATEMENT.

This Directive is an internal policy statement of ICE. It is not intended to, and does not create any rights, privileges, or benefits, substantive or procedural, enforceable by any party against the United States; its departments, agencies, or other entities; its officers or employees; or any other person. Approved .. ie L. Myers ssistant Secretary U.S. Immigration and Customs Enforcement ICE Repayment of Student Loans for Recruitment REL0000021426 Attachment I ! 3 '. i !'. i - • , ► , ! is • 2) The success of recent efforts to recruit candidates with qualifications similar to those possessed by the employee.

5) Confirmation that the loan to be repaid was: made, insured, or guaranteed under parts B, D or E of title IV of the Higher Education Act of 1965; or a health education assistance loan made or insured under part A of title VII of the Public Health Service Act, or under part E of title VIII of that Act. i 1II.) i Ifl sTiiTflt ICE Repayment of Student Loans for Recruitment REL0000021426 (Program Office, Budget Officer) (Accounting Classification Code/Funding Cite) (Date) • •a. O r~ • • • r r •: s s r •' .r ,rr • (Date) (Date) (Date) My comments, if any, are attached. ICE Repayment of Student Loans for Recruitment REL0000021426 1 '■' 1 i. 1 • n III IS a is 14 • :1 1 i a. Name of the federally funded loan received (e.g., Federal Stafford Loan, Federal Plus Loan, Federally Insured Loan, etc.): b. Date loan was obtained; date of first student loan repayment: a1 i . 1: 1: • g. Total amount of student loan repayment benefit received to date (include amount requested under (e . 2.

Name, address, and telephone number for the lending institution holding the loan (e.g., bank, educational institution). 3. Name, address, and telephone number of servicing agent of the loan to whorn payments arc sent (if different from #2). 4.

Name, title and telephone number of authorized official for the lending institution. ICE Repayment of Student Loans for Recruitment REL0000021426 5. Federal Tax Identification Number or Employee Identification Number required for sending payments). 6.

Employee's Compensation: Recommending Official Title Signature Budget Officer Signature Funding Cite Approving Official/Certification of Funds Title Signature Personnel Official Title Effective Date Date Date Date Date * An official document/letter by the loan institution providing the above loan information must be attached. ** Service agreement must be attached. ICE Repayment of Student Loans for Recruitment REL0000021426 Attachment 3 SERVICE AGREEMENT In consideration of the payments that will be made on my outstanding federally insured student loan balance, I, , agree to remain in the service of (first name, middle initial, last name) U. S. Immigration and Customs Enforcement (ICE), Department of Homeland Security, for a beginning on the date the first repayment is made. period of (indicate term of at least 36 months) The loan subject to this agreement is not in default and no late fees are pending. • 1 1 • . : 1 . • I • • • l i i i • • I enter into this agreement with the understanding that: • 1 " 1 1 • 1 1 J / J I I Appropriate tax withholdings will be made at the time of each repayment; ♦ ICE Repayment of Student Loans for Recruitment REL0000021426