ICE, Directive: 1-27.1 Law Enforcement Availability Pay for Criminal Investigators

t`.S. IL1:'tIIC::Ii..> `LION ;k \'U (I S`I'O\\IS FN ORC1f' ~i1 l'T, IC"E' rlicv S °stern DISTRIBUTION: I3IIIECTIVL' NO,. ISSUE DATE : EFFECTIVE REVIEW 0 ' St PE SEDES: E - D ±1 f f ICE 1-'27.I. April 9, 2009 2009 April April 9, 9, 2012 y 12.6 ..~0 DIRECTIVE TITLE LAW ENFORCEMENT AVAILABILITY PAY FOR CRIMINAL INVESTIGATORS and SCOPE , Pt RP( c rtifi~ ration .a 3. .1 p<!erraent ref` l-a Inr"luy :itiou Fuid (.'ii `:ta~ali rrrs~osfi~r..! : rs in all l(..l." f-'ro ''$t ~tS! a_ at .t"1 is 1)k€esa~: I ,l~[ kit # (.11~f ces. s , eFstahlish;,, :liar '€cy. raged i~roc dures for the re. Cut Avail 11 iIity flay (l.I: \l') to I.~►.S, _'. } 4 rlrrlr$i71 Itai plrC r tO errThtrr<a1 2.

AUTHORITIES/REFERENCES.

2.1. Title. 5 United States Code (U.S.C.) § 5541(3), "De l mi iot$> — l,a,,% I:u orc .erne at Officer." 2.2 5 Irks C. § 5 iw.rh)(2)(B), "Overtime rates; computation." 2.3. 5 I , ( .

§ 5545c. Availability Pay for Criminal Investigators," 2.4. Title. 5 .

Code of Federal Regulations (C FR), Pat 550103, "Premium Pay Definitions." 2.$, 5 Cl°'R 550.112(g). "Computation, of overtime work; Time in travel status," 2.6. 5 ('FR 550.181-550. 180. •Lmv Enforcement Availability Pay." 2,7.

5 CE . 550.703, " )efrtitions." 2. . Senate Committee on Appropriations Report 103-286, June 16, 1994. 3.

SUPERSEDED/CANCELLED POLICY/SUMMARY OF CIIA (.G E, supersceks ICI Directive 1 2m„t handbooks, and other guidelines err; f Ifr& ..cS:Irar C rdatoni to the e::.,r-tit a :.t ,onand payrrrtrrt f LEAP to criminal investigators issued by ICE or any of its Program Offices, the. former (Lb. Customs Service; (I CSC°S)o the: it k-m t the General Services A.dmninistration (GSA m. or the Federal Protective Service t I=1PS t pour to the date ol'thi s l)irf.°e-tive, i all Aire tr es, rrrcoIOra.#rdar. bullet u". r:raarrttals, ration mud N. tturah,.atmn Service [1 S I`Iris Directive I .S. I m i 4.

BACKGROUND.

With the creation ot'the Department of Homeland Security (DUS), ors ani rational components of the tbrtrter USC'S, INS, and GSA were consolidated to form Law En oreel t: €f# ::: .\ hi 1Os f sr Criminal €r; i:a<rt Irrwe ti. art rs REL0000021424 2 ICE. Asa result, a taaaiit,-d ICE Directs c on t€ic invcs'agat jr a as ,tc auiiais rati una of L >\,P (: ~b ICE crintirtal DEFINITIONS. The fcllo ina definitions are provided for the puposes of this Dira cti e. 5.1. Availability Hours.

Case- or operation-specific hours in excess of 8 hours on days of the basic 40-hour workweek when a criminal investigator is determined y management to be generally and .reasonably accessible to meet the needs of ICE, 5.2. Criminal Investigator. Au i employee serving .as a la -, aifi'rccrneat officer, as defined in 5 U.S.C. 5541(3.), whose position is classired under the GS- 1 11 series and meets the requirements of 5 U.S.C. § 55455(a)(2). 5.3.

Designated Availability hours ( Afi). Case- or operation-specific availability hours that are rnanaagetnent-directed or subsequently approved during days of the basic 40' hour workweek. 5.4. t o e:€a as d s I..ara ' Enforcement Availability Pa a p<:aetaopa° t cr~iminaal { excess o4 as well as unscheduled duty hours aciunily worked on edam's that are not regular workdays. such as scheduled days nit', Payment of LEAP i:a atithorized only for periods during which a criminal investigator recci es Maisie pay. ns ~heduladduty iin i b workweek, € LEAP.). Annual c uaal premium cot l"aj eta vatic €a paid to a the avail biht 1 the. yi for a all u stere a en M IM3l. y s 8 hours gnv[~~estigaator i that d '§9a roves&i j i.N y are Pas!

1. d tato on of t ^ s l 5.5. Protective Duties, Duties authorized by 18 U.S.C. § 3056(a) or by 22 U.S.C. § 2709(a)(3) that allow designated tederal.authorities the ability to specifically protect certain identified persons, a.ti. Regularly Scheduled Overtime e hours, t rtiaia=w c.urk which is officially ordered or approved in aath aanee of the first day of the 7-day administrative ative workweek, and is: 11 Overtime hours scheduled in excess of 10 hours on days which pare part of a criminal investigator ' s basic 40-hour workweek; or 2) Overtime work scheduled on a day which is not part of the basic 40-hour workweek, such as a scheduled day oi't.. . Regular Workday.

Each day in a criminal investigator's basic workweek during which the investigator w.vorks.at least 4 hours ( t .S.0 . § 5545aa{a)(4 , excluding:. 1) Regularly scheduled overtime hours paid under 5 U.S.C. § 5542; 2) Unscheduled duty hours paid under LEAP; 3) Hours of ICE-approved traini€erg°. .. Law Enforc :rnertr Availability Pay r nr €. riminal tdlvestigators . . . ..._....- ..., .,,,..~ ..... .. ...... ...... ... ..

REL0000021424 3 4) Time under official travel orders; 5) Hours ot•approved leave; 6;) Hours• of excused absence with pay, including paid holidays (5 CPR 550,183{l (3 )> i ) Periods of leave without par (LWOP) and t_.\VOP compensated in compliance with the Federal Employees ees " nTensation Act t Flit':.). commonly ref > -z:d m ;.s Office of orkarss ( nrlsensalOon w t ;; {t..l ti'l't €5 t `l l; 5 t :z ~(ai); 8) Periods of suspension for disciplinary reasons when an employee is in a non -pay status (5 Cl R 350.1 (.':.;) and. 9) Periods in a pert-time status of between 16 to 32 hours per arimin:istrative workweek (5 CFR, subpart A, part-610). . Unscheduled li€rte ltatsws during v Rich as agency to he available ibr work, tha.t are note l .r r. the purposes Oi av°aiiab l ty pary{, unscheduled duty consists ortlho e c rk or is detcrnitnecl 1w tl€c; cfarpim w rir€un al una:fl attar l c-rndnt € 1) Part of the basic 40-hoar workweek of the investigator; or 2) Regularly scheduled overtime hours (in advance of t ..e workweek) (see Section .6), 6.

POLICY. .. .1..

1{ u criminal !lives i e ItoS who are prop vlv CL1l Ii cd as l:rresc.ribed it) Section 8.1 and meet I.2.. wilI be paid LEAP liar perfarfrri:n , substa utfal the qualification requirements iri Section i?t. amounts o urr.chc(hrlc:cl toe un. d.€ directs tl€e worked to n et the needs of iCE. .Payment of LEAP may also be anpropriate when. management approves, after the .fact, specific availability hours which are deemed necessary to tweet ICI:,'s law eniira•cernent r•c~clui.re;mcnts. c ri ck duty tim during 1> . ificaib ala u 2,.nai d houtc orked beibre the beginning or after be end of the workdays kda€ys ra ;aa be available lra u.r€s€.lrccirfl ii n al. o b€_ paid I . P v: IL ii rra in the basic 4th-1 Euur workweek '. •I he r> € €t 6.2. hi order to receive LEAP, criminal investigators in non.- case- Or nrara-opt r ati€:orr slaecifisc ssi,gn r~r 'nis (e.g SAW of; stig artt$rs assigned to Ik4dquarlersl available to pert r°m unscheduled duty in order to meet the LEAP c eflihcaatioa€ require items. are 2'ra<tt'<1:1 ued it b e 6,3. `I"ime an \.Ianaa foment ot Ucais will place a criminal investi,>=utor in availability status during pa ci it;all)' d gd mac l lKmrs to inca:t local a a s - or oper;.ation-specihe la aa,;~,L it in ernes. of the ruguNl dials tow s ill not be t:reditc:d acs caasc - to or Utaeraation s lac WiHc:m rilarhiIus hours unless xrllpr•°lbrir:rtc. m ulagLnknt oflit:i is alt siprratte spet:iticr hours when the duty agent's pc..am al nrfwcnwnts are so narrowly con lined that the agar cannot en; oy noratal cabs-duty activities because lie or she has been di: ice ted to be talf.+rce.aarc.rrt chat Law Enforcement Availability Pay far Criminal investigators REL0000021424 4 available during those particular hours to perform work essential to .IC.E2s law en oreement f115s10rl. 6.4. In exceptional circumstances, as determined by local case- or operation -specific needs, a en an sp.ai5c 3ialtalal iuv stt;.talot may place hiniselfor herself in availability status t pLtit~ds of 01151 heduh.

Ii Chat!,, suhFjcet to aalfter--the-,f€ttrt Lapp i•a;'al by i 1 matbn ci )scheduled duty on non -workdays must be hours ectu: cll „ worked, $. A criminal investigator who is assigned to protective duties of the US. 'L ct Service (IJ S ) ma 'recei .r , m conipliancevvith the federal Employes Pa c'rtime pay fo.r regularly scheduled overtime hours ill excess of 8 hours on a day which is part of the basic 40-hour workweek, as long as 2 or more consecutive hours Of unscheduled duty are performed on that same day This exception to the LEAP requirement .lhr scheduled. o ertime vwork is plicihL only as long as a ci indrud im,esti; atoi is pm lot mui protective duties under (..° SA S jurisdiction_ The normal lion 2-hour LEAP requirement the days of the basic 40-hour workv cek "iIl apply upon return tO regular ICE duties. 'ct (1'hP \), 7. 'fir t l l ittt IBILIfi lES. l liL Directors of Program t tl trees that crop la y crunin al investigators are responsible: l .ar the oversight of LEAs certifications and payments in compliance with the provisions of this Directive. This oversight includes the review and analysis Ito l.) .LAP determinations; 2) Initial and annual i.° :1 tI t4'.at1'ons: 3) The effectiveness of local nInnagcmrntt of tIns compensation program; and 4) Reporting activities which raaaay he acquired or deemed appropriate. 7.2.

Supervisors in each Program Office at Headquarters and in the :held are accountable for the ittil It I t tttaliclla and the Fetal operation c}l'this compensation program liar cI'ill in al ink emig ttors is thud areas of re: pun ,ibility, 'I 'hey tiiAn,° deka rte tali or poa tia Ias 01` this responsibility ° to I()9\ c t` levels of su pel•vlSion under their clircc.t.ion. Unless the payment: of I l°.;\P has been Lol nut F€t -IIy 01 iilvoluiltffa ily suspctlncd and aIn employee is ticn management shall ensure that each corn: naaI in vestigator on their staff is approved and 11,E performing a sufficient amount: of unscheduled overtime duty in order to meet: 1ltecl. l) The needs of ICE; 2) The initial and annual certification requirements in Section 8.1;.and 3) The substant:ial unscheduled duty hours Icquiremem in Section S,2 (Sec Q&A :to in the Attacll.ment). Law Enforcement Availability Pay for Criminal 'Ir ' : tigator-s REL0000021424 5 7.: , Criminal investigators receiving LEAP are Ice.ouniahlc for: l) Performing sti st a I1a1 amounts Of unscheduicd o';ertiII1e dul y. ir'bother officially assigned or selt initiated, to meet. the law : enforcement ireeds of ICE; 2) 13eirig accessible during those designated hot€.rs when management has directed them to be available to meet ICE haw enforce men requirements; } R.'.,covini ne. based on local ccise o: op' :ttiuna"specitic needs, when to place themselves in to canal rlit", status ft r specific periods of unscheduled et:€ty, subject to after-thewfact appmov i.rI .by, mana=gement, a ld 4) Complying with initial and minimum annual certification requirements. .

PROCEDU RES.

8.1, Ir itial Certification and Annual I eeertitigaation I cf tiirerments: 1) Each criminal ;iit`w'iti=Y<Itom receivH1 . l 1'::° l' and theappropriate supervisory officer shall I as€ke an ini iaal certilicalion to their Program Office Director tsar subsequent st.ibmissiotl to the Assistant Secretary of ICE as prescribed by law and federal regulations attesting that the invc~tlaator is espoi.ted to meet the substantial 'lours regirtie._neat durin ? the upcoming I •yea r period. This is a prerequisite to receiving ,LEAP and there are no provisions for a waiver of this requirement., 2) By January 30th of each year, rec °rliftc alionn vill he made by a criminal investigator and his or her supervisory officer covering the previous January l through December 31 certification period to their Program Office Director for subsequent submission to the Assistant Secretary y cat ICE as prescribed by but and federal regulations. The recertification prto, r<a ns v=ill be rraaint<ain.;d in the zr 3il rraats~ ~r'e) r'taitr tfrti" Ixl<an<a >4irl iii the criminal investigator and his or her supervisor or retied t as comparable signature designation, such as <i supert istir witnessing electronically verifying that signature, { li€' 'e dams it c ertiheaEic'mS must be eleactr=gale.;€lty signed by both sslag a criminal in'.'estryator's signature and then l" Pt `i:tl. 3) A criminal investigator who is suspended from.

LEAP, under the involuntary procedures in Section 8.5 (l;), (2.), or (3), or requests voluntary suspension under Section 1.t,, must be recertified, when appropriate. and a personnel action initiated befdre the payment of LEAP At e may resume 8.2. SUbst:aaltialf I rasclieduled l:)tity l'luarrs .esc: tiircrai= a t: 1 To quality f'br LEAP a criminal investigator must perform .an annual average of 2 flours or"l tl:r . Tars avera=ge. of 2 hours per regular car ryyrc of unscheduled duty per regular workday is a minimum annual rwtlarii a ir:e art, rat t a maximum, and does not preclude addit ional unscheduled duty to meet the aiceds of lt_ 1: Law En.tircernem Availability Pay for Crtminil 1n ve: ti ;hors REL0000021424 6 To 2) the r1€axi€rarrm extent t~eeasible andconsistent itit l(' 's law errkucement rst ;, a sr-rb51ar11tiati number of the liour-- needed to meet the rtrir:irrruar: annual reclrrrren average of 2 horrr or more per regular workday will be unscheduled worked. dule€1 ditty hours actually 3) The minimum annual average requirement is erupted b > dividing the total number of unscheduled duty hours mhotlr overtime hours corked and designated andapproved arF rilaability unties) the the ecrli ac rtiort period January 1 hrouub December I 1 by the number of rcnttlar workdays (aas defined in Section. 57) in the certification period. n 4) The total number of uuscllLdul d duty fours credited toward the nhni€ lun annual average requirement include: a) Unscheduled duty hours ucfuulh worked belbre the beginning, n.e after the end ofthe workdays in the basic.

40-hour workweek; lei) Unscheduled ditty; hours actually worked on a scliedtiled dayoff Management-directed caseor beginning or after the end of Me nut kdiu s in die basic 40-hour workweek; at<z €r p,eeilie r ail tlbrlityho€ur's before the d) Case-- or operation-specitie hours "teen e intinal' inr estigators place themselves availability status, subject to after-the-fact aplrro\ al by tit na+fie rent; =1 rselves in e) Tinie spent traveling outside the duty station or temporary work location during non- duty hours which meets the cornpens.able overtime criteria in 5 U.S C. 5542(b)(2)(8) and 5 CFR 550.1 I), (see Question and Anwe.r ti in Attachment 5) Hours which are not credited toward the rrtinirt wn annual average reign re€ rend (defined in Section ;;.2(l include: a) Unscheduled hours which are not case- or operation-specific and/or are riot directed by IC he. management l) Unscheduled hours which are not approved afier the fact, based on local case- or oprer ation-speci tic needs; c,) Unscheduled hours on a non-workday which do not involve the actual perinnna:rnce of OrI cl) Time spent commuting from home to a criminal investigator's duty station on . .a regular workday and vice versa via a got em inent-owned vehicle (GOV) or privately- owned vehicle (POV); Law Enforcement Availability Pay t r ('minimal Investigators REL0000021424 c) Travel time outside the duty st, t€o€n n r €emporary work location du:€ € hours which does not meet the c inpeiisable overtime criteria in 5 U. .C. § hX 1( .l.tl c:I5 CP'R 550.1 and tit non-duty 5542. Time spent in training which is covered by the premium pay prohibition of"S CFR 410.402. .1 Meeting the unscheduled duty .t €inimaue annual average requirement for LEAP certification shall not be interpreted as precluding additional unscheduled duty hours actually worked which may be required to meet the needs of ICE. . 8.4. ICF Program Offices es Zvi El :rack u scheduled duty hours for annual average and certification Purposes using their respective case management systems.

8.5. Recording unscheduled duty hours for annual average and certification purposes for criminal. investigators using TECS-li. I) TEES Case Management has nv ca data columns which enable management and criminal investigators to track and evaluate the progress tipc unscheduled duty toward a criminal it vesti rator,s annual a crane re gtr €a e neat of 2 hours or more per regular workday during the January= 1 to l)c:'c¢ i€a,.er 31 certilicutioIn period. Data in. the column identified as TARGET I PA serves as a uuide.

Par a._s<ssi€aw, unscheduled duty for a 30-day period. Data in the column iderttitied as OFFICE, R I PAP w II display the total unscheduled duty hours dud fl u the calendar year to date (see Attachment E Question and An wer Q), Both of these columns should be consistently revicwud during a certification period to: a) Ensure that sufficient unsched€ €led duty is being, perf i. med or approved to enable criminal investigate Is to meet the Iiiiiiini,1€t"z annual average requirement; and h) Identify a potential shurttall in the m inimum nuraaber of re+. .::.d unscheduled ditty, hours which could result in criminal investigators bailing to meet the minimum annual average requirement and therefore being decertifteel and suspended from receiving LEAP. Vote: Criminal iin'c€sti utors arer•enihided /au flue word "74RGET" is not to be interpreted as the i taxdlrtrrrr'r another r e)ar available to work. Rather if imlicates "he Pnin/mum number f~s'fsI.fch hour,< tai would be expected ton non: 11 eii ti t >i'IJrle Ifi, trsta /ie,:'t ;f' l dm ?' 1' oia s thq arc' expecna'i ía be iii em' thr't:, + 7 t klr" . a'''1 ca enterer =nonu,u iI .'r'£ n 0 iar the workdays wt rke'!hr fie i 8. r sc:a' (}aacstion .d1,'t ln,ruo 2) Unscheduled duty is recorded in TECS Case Management in either of two columns labeled `"UOIT (unscheduled overtime) and " 1:).=4.11"` {designated availability hours, see section 53), Both sets of hours will be credited in computing the minimum annual average requirement for the January I through l)ecemalber 31 certification period.

The. sum of the hours recorded in both columns vs ill equal the total number of hours of unscheduled duty actually pertoriaaed. La tauaeetnmt Ava,lal siit', Pay tar e`rimnr:aaal IIIvest>" toi' REL0000021424 8 aa) Unscheduled overtime duty hours worked by criminal investigators will be recorded in T C_ Case Management using the column identified as l~ T. b) A criminal investigator's case - or s:tf ecific availability houi':s that ,were ~ do t s management directed or bsequ .ntly approved during days of the basic 40 hour workweek will be recorded in 1 as DAM. Case Management using, the cuhnnn identified PCS flog lat soluntar ` ujwnsion o( l l P: I l If, tc3 rod the end o.f e certification period or at any time between certifications, rcl,,irc111cflt of 2 hours of arnsclaccluRd ditty (as defined in ' ccdo€1 ) management determines that a. criminal investigator will not nicet the minimum annul ar. era regular workday. la:; defined in Section 5. ) I'ienaganent may initiate o anon to suspend LILA 1' <zttcl cl' i ertl(y the criminal investigator. 'l he capabilities of the respective case management symoi s v ill enable management i t(lciAs to monitor th e progress of Performed unscheduled duty during certification periods and, whenever (casihi , take measures which could avoid suspension mid dcceatrii.caation. per 2) If corrective Taicasu °den are not successful or .feasible and (ailure to meet thu minimum annual average requirement is inadvertent., action should be taken to dei:e€'tii the criminal investigator and suspend LEAP for a period compatible with the shortfall period of unscheduled duty. .1 3 equest fbrpE rsonnel action must be uvtiased to stop pctvnwnt.1 dm n Y tie' 3) ICE may also deny or cancel a certification based on to finding, that ar criminal in esuga.tor has (.ailed to peribrw Unscheduled duty (assigned, or r epui ted overtime uu iirk or desrgnatcd a' ari ability hours) or that a criminal investigator is unable to perform unscheduled duty f'.r° an extended period of time due to physical or health reasons. In these situations LEAP will be suspended for ai period approp1 za,te to the particular Circumstances, generally until a criminal investigator is able or willing; to meet the unscheduled duty requirement.

4) An involuntary suspension of LEAP constitutes a loss o pav under the ti rev icons of 5 .3.S C. 7512 and must be carried out in accordance with other ICE policies and procedures governing adverse actions, ICE Program Offices rnau>t hallow adverse procedures when proceeding to terminate 1. LAP (e g. Guidance on adverse actions is available Eon the third of Human Capital, Employee and Labor Relations. fir disciplinary reasons . . ar°se action 5) At the end of an involuntary LEAP suspension per Seetion 8.5 (1), (2). or (:.1), a criminal investi j•atur must be recertified and a personnel action initiated to resume LEAP rayments. . taw Ert;toua;m gar .\+..slat alit 1'e, for Cn €road tray iiacars REL0000021424 ar 7. 1 ar fcar 'c~ ftit ar, :Sarstrc ti` ion f" ! 1 : -P: t) Subject to the lav" e11t ceineut trecJs of IC .L, , a errar ni tl'e ator may make a written request Or ioluiu ary rebel' hum the araiaairlauin € clreclarlcd duty tow's r cluir'cwerrt and for a suspension of LEAP because of personal or fam ily hardships, part-time status, or other circumstances which preclude meeting IC E's need far substantial amounts of unscheduled duty.

Managers and supervisors will consider such requests for relief for a specified period ot- timc. on a C se-by-case basis. Denial ot`requests may be appealed to the Director of the alrp€c:al riate Pronram Office. aal f€a's'p €a 2) A request for relief from the unscheduled duty hour=s requirement and concurimnt. suspension of . F\ P niusf he for ti specified period of time and must also contain a n ritten statement in which the criminal investigator acknowledges that approval of the request will result in a voluntary suspension of'LE.A.P and will not. be subject to ICE adverse action procedures. If Ea rcraie't1br Voluntary suspcn's °11 a a =rar t fitm a cd to vol-) LJaA.P payments. a:; pd`s:1a' I, a Tt...'t nxt 'f action must he 3) Subject to the needs of ICE. si criminal i n esii ator may request in writing to extend a. previously-approved period of relief hem the Minimum unscheduled duty hours rc.qar;rc uient and voluntary suspension of LEAP.

N. amaggi s arid supervisors will consider such requests for an extension on it case-by-case basis. Denial of such requests may be appealed to the Director of the appropriate Program Office. 4} fart t ttfa' u t<ttrf.}. A temporary assignment to part-time status will require a voluntary suspension of LEA.P and is subject to the limitations in the existing iCE guidance on part-little employment.

The employee m ust complete the Law Enforcement o\vailaability Pao Waivr .see Attachment 2). 5) If a request 1-or oluntaary relief from the unscheduled duty hours requirement t and suspension of .Lt :AP is disapproved, a criminal ito estaga l r will be required to cOtninue to perform the full range of the duties of his or bet' position. A criminal investigator may continue to receive l..l. AP durinst periods ul`approved paid leave.. 6) At the end man rm pro% ed ,.•nod of v l€arr.rary relief from the minimum unscheduled heduled duty hours requirement and .suspension of l,E P, a criminal investigator must be recertified and a lit, r :sounel action must be initiated to re'suins payments.

8. . Payment of .LEAP: 11 A criminal investigator will be paid Lb \P equal to 25 percent of his or her rate ofbasic pays as the latter is defined rat 5 Ct'R 50€1 103. Keceipt of LEAP is appropriate only for periods during; which a Criminal inv c .tig crier is r ccci ving basic pay. 2) LEAP will continue durin z periods of Law t raft rcc em t A-raahat itai ° Pay fair Crinmiini trt~f>~ ti rrtor; . .

REL0000021424 € ICi a) Excused paid absences, such as holidays and annual, sick, administrative, military, funeral, or court leave; l) Ofcially-approved training; and c Offleiallyapproved travel, such as travel for reiccution purposes. W ile LEAP will continue dun up such penods, cl<tyfs ft lung into one of the atbove categories arc generally esc:ltided frog i the regular workday as defined in Section 5.7. 3) Receipt r at LEAP is ,mbiect to the biweekly premi€arr, pay lim itation prescribed by 5 ) at l to , Ii-I eases! cn .:'come limitation. pm Lscrihcd by the annual t; l Appropriations Act. 4) LEAP will not be paid to a criminal investigator in part-time status, since LEAP is }plena ur€t (4 l a's tom - unscheduled duty in excess gal- a. 40-laorn workweek .

(See S cation 8.( 8.9. Relation of LEAP to Other Pay: 1) ...,\ err ant al investigator receiving LEAP is also entitled to receive, when appropriate and o;l`i)ciaally ordered or approved: a) Ra t aal,arly° scheduled overtime pay. under 5 C. 'S.C. § 5542(a) (Neste. The first 2 houars of overtime, on days of the basic 40-lte:our- workweek are always .L. AP: hours onl .,);. b) Regularly scheduled night premium pay under 5 t.`„SC. S 5545(a): r) Regularly scheduled S undaay premium pay under 5 U. ,C .

5546(a) ibm. scheduled nonovertime work on Sundays; and d) Holiday premium pay under 5 U,S.C. § 554f(d) ibr ordered or approved nOn- overtime work on a holiday which corresponds lsond duty. to the hours of the regular tour of Criminal investigators receiving LEAP are not entitled to receive: a) Overtime pay under the Trait Labor Standards Act (ELSA); b) Regularly scheduled standby duty pay under 5 U.S.C. § 5545(0.:. (l .); c) Ati.ministraatively uncontrollable Overtime (A O) pay under 5 U.S.0 .C. 5.545(e)(2); cl) Compensatory time off in lieu of pay for irregular or occasional overtime work under 5 US C. § 5543; or : .'w Enibba cement : Availability Pay for Craaaaafaaa1- 1,€avv" tat atOrS .... ,: :..:~..... ~....... ~...._,, REL0000021424 e) Hazardous duty pay under 5 LLS.C. § 5545(d) for unscheduled duty hours credited to LAP, 3.) LEAP will be treated as basic pay far a) Advances in pity under 51:'. .C. § 5524(a); b) Severance pay under 5 U8 . 5595(c); Wor.kers compensation under 51., . ,C, § 8114(e); d) Retirement benefits under i U. .0 § 8331(3) and 5 t.;. .C:. § 840144); e) Thrift savings plan under 5 U. <C.. ** 8431-8 40f; and f1 Life insurance under 5 l:.I. .C. 4) LEAP will not lie treated as basic paay in c alk.td=atinwg. the. cost.«o.f=living allowances or ef:tts under 5 U. .C: other allowances and d.11 t t .rentials or in caiculata ni; retirement 8331(3.) and 5 t =.` .C: e t U 1 t4 t irnr non-torei n areas outside thL 50 States and the Distti-ict of Columbia, e::' and Guam. tlae (:`o ;rmt fwea.itlt ufPuerto Rico the 1: . .

Virgin Islands, tires ens benefits ATTACHMENTS, 9~1. Attachment 1. ' S1eIected Questions ,mid Answers ' €t 10. . tactmnie It 2. Enfo cement _\ uailabilitk Pa- Waiver, It is not intended NO PRIVATE RIGHT STATE s o b befits substanti ac It. I::: ar PtucLdttrttl= cn#t radt;ahlc t?y, <aaa' Ia:taty a s tin,t the I lutL:d State; its departments, agencies, or other entities; it:s officers or employees Or any other person.

NT, This L thectiye is .an internal policy statement of ih ndad to Land does hot ue aiwNr,lit w . Approved John P. staut Secretary ration and. Customs .Enforcement Lau I ta:i e apt Availability Pay for Criminal Investig tors REL0000021424 Attachment SELECTED QUESTIONS AND ANSWERS 1. C3a.€ t u.n.: Who is entitled to receive LEAP within U.S. immigration and Customs Enforcement (ICE)?

Answer: Only ICE criminal investigators in the G -1811 series may receive e LEAP. ICE positions classified in other occupational series are not entitled to receive LEAP. 2. Q uestion: May a criminal investigator refuse to participate in unscheduled. duty that qualifies for receipt of LEAP?

Answer: No. Unscheduled duty is a requirement for criminal investigator positions. .Ifa crin'aaaaal. investigator refuses to meet the anschedtale>d duty requ reta:aents of his or her position, he or she may be decertified horn receipt oI i.F AP and payments suspended. In addition, disciplinary action may be taken .for such as refusal. The provisions of law f.5 UI .C. § 5545a) and to du'ul regulations (5 CFR 550, Part 55(), Subpart A) s overning LEAP are applicable to ICE criminal investigators. However, as described in Section 8.6 (4) of the ICE LEAP DIreclive, a Criminal iaavcstiraator I11a1y.

Opt oalt of taaisLhcdU1(U1 duo via a tcmporaary traausferto as part-time position (;5 CFR 55O.182(1 . 3, Question: Does a less than .full-time criminal investigator qualify to rec.eiv-e LEAP? Answer: No. Only a criminal investigator worlw-ing a flu l l-t :me schedule has the capability to meet the: substantial unscheduled duty hours recuircment necessary to qualify for LEAP. 4.

Question: Does receipt of LEAP change the criteria lhr receiving regularly scheduled Federal En:aplovices Pay .pct (I~ i IIA) overtime' Tote. Colwress enacted the Federal F.mplo eLS pay Act of 1945 to address the compensation of federal employees in. the post-waar environment. nt. It provides that overtime work must be ordered and approved. Ans vc...: Yes.

Regularly scheduled FEPA overtime work still remains specific overtime work: (specific days and specific hours of those d ;y's. ae well as specific employees who a are assigned. to perform the work) that is officially selwdi led in advance of Sunday of the 7-daay aailaaaiaai trative worku eels. How ver, ii a, LI \l' legislation n d rcla Ld CQ(Icral regulations have altered certain scheduled FEPA entitlement criteria for criminal investi ators. The following 3 phase answer provides guidance on these changes. irst, for all f0114imc employees, on days that are part of the basic 40-hour workweek, the first 2 a e0dt dless uf: ' .=la; n approved or scheduled, ac com pcnsale d vti,ith hours of overt are. vv orl I 1\P raather than € -c~naalarly-selledult.d l t::PA ovel'tinne, Thus, .`sclheduled 1 1:1-';-x. criteria means o ,-conic w ink that has been reaulaarly sc.l duta d, prier to the admiraasta aativc a. orkvn Lela, in e on these days will be compensated with paid FEPA, spice there may be requirements for s of l hours on these work days. 'lI his does not tractor that all hours in excess of It) hours I.aw Eaafcarcemcaat Availability Pay fear Cr nainal Investigators REL0000021424 unscheduled duty over 10 hum s on these clay s. Only r ei tilde hours in excess of 10 hours on days of'the basic 40-hour workweek that meet the sc hedu,l :d l riPA. criteria are eligible for regularly scheduled overtime pay. Second, when a criminal investigator is assigned to protective duties under the authority of the Secret Service, such as protective duties rim t E. eiect.Iun c;imputai.s, the scheduled 1 hP. enter t a on clays o l the basic 40-hour workweek are overtime hours regularly scheduled in excess o.fg hours in a due, as leina as 2 or more consecuttvc bouts of unscheduled chate have ailsc been r t~fc rme ~a t.t tihe_same day.

112 hours of unscheduled duty have not been perbrmed on these workdays, the 10-hours-in-a- ay LEAP criteria fl u' ,c°hudarled FEPA applies. It should be noted that the S-hours-in-a-day scheduled F.EPA criterion { iv applies when the criminal investicator is assigned to protective duties under t.he. authority of the I i, , Secret Service. Third, on non: workdays, such as scheduled days off, the paid .FEPA criterion is overtime hours regularly scheduled prior to the administrative workweek. 5.

Qga. stion: Does LEAP continue during periods of official travel? Answer;. Yes, LEAP payment continues during periods of official (ravel, as well as during all forms of approved leave, including holiday 's and annual, sick, administrative, military, funeral, or court leave. (a t .-- Since LEAP continues during periods ol"official travel, does this mean that all travel ttt? t..t outside the duty station cltrriag non-duty hours dualities as unscheduled duty when computing the annual average Or cerlilic ;titan'' \ hihe l hA P x ill cnn in tic Aning official travel, not all travel time during non- `trr, ti : No Out': hums willriunsit`A,. as unscheduled €ncr1int ;: c t,t e t'or certifle anon, Tlae L[ AP lcgi aiaatiuta die Clot amend the .ltdla.aYb el' ialalct'1meat e ritctnia in 5 U.S.C. 5542 t€ )ht)tl y r duty to be credited' hen computing the annual c c: teal e rrsrll le :hours ire til travel which involves the be pci tbnuicd c:ig4°y in as travel status, such as official suspects while traveling, or protecting tndividuak while traveling); of work vItile traveling (work which may responsibility Ihr evidence, materials, (ii) travel that is incident to travel that involves the lretrharni<rncce of work, such as deadhead. travel to or from travel where work was per (.iii) travel carried out under arduous conditions 6,e- conditions imposed by unusually adverse terrain, severe weather conditions a lei lc traveling, not waiting), or in remote sites inaccessible by ordinary means of travel); and, (iv) travel to and from at cvciit whic.1i could nut he scheduled and coinrolled administratively (ti ic scheduling of the U.S. Gove.a•r"ament which rnt.:ans outside any agency of the 1h ecutiye Branch of the Federal Government, n&njust outside ICI-: aiul c.ltalin and control el the eVcaas must originate outside the authority tern it ').

Law Enforcement ment Availability Pay Or Criminal investigators REL0000021424 As a result, if travel outside the duty station during note-€tasty hours meets one of'the compensaable overtirnc criteria listed above, it may be counted as unscheduled duty and included in the ~numzl average computatwi"c tN otL: Criminal investigators cannot receive LEAP and compensatory iilnie oft for travel I'or the same hour oftraavFel.) 7.Question: What is deadhead travel? Answer; Deadhead travel describes travel durin., which no actual work is performed but precedes or is subsequent to.another travel which does involve work. For example, Special Agent (SA) Susan Jones has been directed to travel from San Francisco to Now York to bring evidence to the Office of the Special Agent in Charge in New York N`ww York to San Francisco is referred to as "de=adhead travel." During the trip from San. Francisco to New York, SA. foaaes was actually working in that she had official responsibility for the evidence.

During the return trip, no work was performed; nevertheless, the trip was nnecessaa so that SA Jones could return to her post ofduty. A Jones' return trip from 5. uestiq€1.. \'lade on a duty agent roster, du all hours in excess Of 8 hours orr clays of the basic 4(hhcwr workweek count as "availability ailaability ho ars >>? A:nswer, There is no automatic entitlement to availability hours s iiw sti;aaator's name is 1. lace l on a duty agent roster xad lie or she rmi 7ht have to respond to duty calls or take appropriate action, unless management has directed the cluty agent to be available during a specified period in aanticipaatio . of an identifiable or immediate need to peri:crni unscheduled law enforcement duties. : ipiy b;caus • a crim inal Ex:jv11-'.0 E 1: You are the duty agent on a regular workday. During business hours, a 1.1.5.

Coast Guard officer calls your supervisor and informs him or her that a patrol boat will be conducting as raaneluaai 4 essel boarding iia the bay be1,%vccn 7:00 PM and 11:00 PM that weight. Your supervisor provides your cell phone num ber to the officer so that he can call you direct if they interdict contraband or aliens. You keep y our cell phone close by; however, the eve cning passes —'without a call. Question: Are the hours bet.wwcer: 7:00 PM and 1 1 :00 PPM creditable as availability hours? ;T n s wker: Na, The fact that you might receive respond does not constitute an anticipated, identifiable, and inunedia e need to perform law enforcement duties. ceeive' a call for service and would have to subsequently EXA.AF'IPLE 2: You arc the duty agent on a regular workday.

During business hours, a U.S. Coast Guard officer calls your supervisor and informs him or her that a merchant vessel of interest may arrive at the maritime pilot area between 7:00 Pal. and 11;00 PM that night. .If' this occurs, the Li. S, Law Enforcement Availability Pay for Criminal Investigators REL0000021424 ;wntdreement team to the pilot area, €;.filth [. oast Guard will launch a vessel with ;a la rk w ita the plot, and interview the crew ot the merchaarat vessel while underway to the port. I he: L <S (oast. {::;ia.r<rrdl requested that an ICE agent accompany the team, The US. Coast Guard vessel must launch as soon as possible after notification ofthe merchant ship arriving at the p€len area; Cher e thrre, your supervisor directs you to stand by in the vicinity of [lie U.S. Coast Guard station. \ou spend the time across the street at a coffee shop waiting for further instructions to perlbraa la n enforcement duties, At 11.00 PM, you receive word that the merchant ship will not arrive at the pilot area until midnight and will not be receiving a pi tot until the next day. t bra: Arr. the.: hours between 7:00 PM and 11:00 P; 1 creditablw as availability hours?

Anct c_,. Yes. Ever, though you did not actually ° perform work, management available during <r pe ific enforcement duties in support of an identified fission til your personal movements were so narrowly conthred that you could not enjoy normal of£duty activity. period in a specitic location itt order to immediately perforrta Jaw t "as anticipated to occur. in addition.. ement directed you to be snc 9. tl s_stton. What is the "substantial unscheduled duty hours" requirement for receiving LEAP?

At:a wcr, To dltralilR (:or LEAP, the lark I5 L 5 5t r, l c tf (a) r•d:quire that a ci nun ral' to c»tr,'zrt.d,r• perf°r' au annual average of 2 hours car mote unscheduled duty per regular workday. This average oft hours per regular workday is a .t° 6 5545ath(2d and federal rea'ulations l3 (ER t;r_ia rmttrmm and [lot ImaXi1nl1t11 '11111ual requirement, and doe,,, not preclude additional unscheduled duty to meet the needs of ICE. The annual aa'tie€r<twe ft computed he di4°iding the total unscheduled duty hours enumerator) by the number of regular workdays (denominator) k€ved during the p,.rloft, 1.VAIV l'L1 for It l., c:.rirt"€inul €i vesti hors tr,rrbr l'L('S Case.rlanagertiernt: Month X has 20"unkdt ass [Daft[ hours). During nrro€itll N. SA annual leave during the workweek, traveled turr 2 dues t 10 hours) to and from an , -day ( 64. hours) training session. enjoyed a t; 52 hours"t ofnionth N, As a result, only the 4 days worked (32 hours) qualify us re=gula:r n oakd:ay: " according to Section 5,'7_ in order to qualify for LEAP, 1'< available to actuaall', pertorm or lie available to peri -rrm a minin€um of .2 hours of unscheduled. overtime duty the each o the.

4 (32 hours; regular 'a orkda 's totaling a minimum oT of hours, l clay ,t hour;) holiday, and Own. worked tz€e remaining 4 days r:nith used 5 dues (40) hours; of raxith n as required to b.e The Following, month, SA Smith was required to account .for his case hours during month N in. 'F F d S t °aa.~c: Management. ( arc Management will automatically < generate "40" as the target number of LEAP hours to be worked in month N (See Note below;. The "4uassumes that all workdays in month N are regular orl days as detained in Section 5.7, However, according to the .taint€C cicrirritrs ra, SA Smith can count € nl_i' 4 days as regular workdays o<s and his true minimum target number of LI.:AP hours is S and not 1(:1, (dii 3 of' the regular 4 workdays, SA Smith nori.e€i 5 hours betoud the S hours of his rc:;arl at' wt:F€li hours beyond the bout's of hf maniac 'afar rtia4< When inputting hours into Case S,\ Smith m ust tlrc r ads€'e add the 5 ho€ n to the :°-, on each of the 3 days mentioned above, and he , tiry and, orr the t urtll day, he worked 2 Law . n:ti` rcernent Availability Pay for Criminal izry ntigate rs REL0000021424 must add the 2 hours to the 8 on the fourth ritzy, fbr a total of 17 (5+5±5±2 17) 1..,EAP hours. 4A Smith will enter 17 in the column labeled "UOT" and still qualify for LEAP per Section 82, Subsection 1. )Vhte: TECS Case Management will automatically generate 40 as the target number of.

LEAP hours to 3e worked in January of any given year; 80 hour; for February; 12€ for .larch; and so on. addirng. 40 hours for each month until Decenther when the target number will be 480. As illustrated above, however, the target number of 3_EAP hours wilt vary from criminal investigator to criminal investigator. depending on the number 01' "regular ori;:days9'1 (as defined in Section 5.7 of this Directive) each has worked i.n a ;year. Law Enforcencnt Availability Pay for Criminal Investigators REL0000021424 ATTACH ME T 2 Law En lorcerent Availability Pay Waiver Enforcement Availability Pay (LEA) preclt dci my receiving LE 4 .P wink I im intair a part.- ti .ne work schedule. understand that my voluntary request for suspension of Law I acknowledge that my benefits will he affected as described below while I am on a part-time work schedule.

1) 1 have been advised to contact the Retirement and Employee ce Support Office to obtain inior[t2drtitff concerning t:rs\' bcn. fi t =, 2) My contr r;butiotis to the Thrift Savings Plan fblknv tlr_ same vales as tw ill-time employees. 3) My contributions to Social Security and the Civil Service Retirement System and Federal l~mplovecs Retirement System .hinds are truth hcted. Specifically, the same percentage is 'e c,.Innrn s as f:romn that of a gull-title €employee. dedlr,ctc;.t from a part-time employee's gr 4) Each year of n art -titre service counts as 1 II ll weer towards the Im,,ga l of service n:tltrrrerlrt r t, but is pr or on o for purposes of the tWltt iii ` comlptrt ti un Ttn c~rrt ads e.:rsel y tdth.:.t the arrlo,rnt of my retirement income, 5) 1 am eligible t.o continue to t :rrli :ril .rt : in the Federal Employees Health Benefits. Program an a prorated cost basis.

Because the cost of health plans varies, there is a set maximum for the U.S, Government contributiort. The U. S. Government's contribution to insurance premiums is prorated lased on the number olhour-s scheduled to work each pry perriod. .Part4tinle employers lea = the cot mbi:ned tot al oft e n.!gulag f'erll'-tune employee pier. iu gas, plus that part 01 the 13 S. (ovemmertt's trltarc r cut rnot n 'Ifter the prorated deduction. 6) 1 am eligible to continue my enrollment in the Federal Employees Group Life Insurance at a reduced rate. The amount of life insurance is reduced in proportion to the reduction in ftill- time salter r. he cost per thousarrtl dollars of basic hif ; insurance per pay period remains the Same, 7) 1 will accrue annual and sick leave on a prorated basis in accordance with the amount of time I have worked for the Federal Government.

Annual Leave (AL.) vili he earned as ibll,,rws: Up to but less than 3 years of'service - 1 hour oaf AL for ev ry 20 hours in a pay starts, years but less than 15 years• of ser -ice - 1 hour of A [, for every 13 hcut.trs in a1'4.t st=mt<.~, ,rn I i `eats or more ofservice .. l hour of AL .lot er'er 10 hours at a l' r l sr<ltrrs. Sr 1. 1 (Sl.j w>ill be earned at the rate of 1. borer for e%ery 20 hours in a pYt ; attis. t a w 1 nnforceiu nt Availability Pay for Criminal Investigators REL0000021424 ) The waiting } rind Ibr withian. grade increases. and promotions for part-time employees is the same as tc~t f€.€1l-ttm €e employees. 9) 1 N 'ill he pail uuu xan handy basis caalcuhate.cl at t:he rate for my grade and step and will. €main€.ti to receive the applicable lueabLy pay rate. l 0) 1 am eligible to receive awa€ds, I also understand that, upon ra a.€mptka of a full-tame work schedule, I will have to be recertified in order .for LEAP payments to he rc t3€aacd.

Signed; ..~....... .. {a~ rlca}•ze ~~.... Date: Signed: Date: (SUpery Or) Law F f'brcmew Availability Pay for Cr m:in Lnve i5ora REL0000021424