· Non-permanent employees, including those on Schedule B appointments or other term appointments with less than three years remaining before the appointments expire;

· Political appointees, or employees occupying a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy advocating character (i.e., employees serving under Schedule C appointments);

· Those serving on detail from other agencies (e.g., Special Assistant U.S. Attorneys or those on temporary or time limited appointments).

2. Temporary employees who are serving on appointments leading to conversion to term or permanent appointments (e.g., new Honors Program attorneys on 14-month temporary appointments) may be eligible to receive loan repayment incentives; but are subject to repayment provisions if found unsuitable during background investigation process or if they do not achieve permanent status (e.g., fail the bar exam). Term appointments must exceed three years (e.g., the recipient must be able to meet the minimum statutory service obligation).

· Non-permanent employees, including those on Schedule B appointments or other term appointments with less than three years remaining before the appointments expire;

· Political appointees, or employees occupying a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy advocating character (i.e., employees serving under Schedule C appointments);

· Those serving on detail from other agencies (e.g., Special Assistant U.S. Attorneys or those on temporary or time limited appointments).

4. ASLRP benefits are not automatic: there is a competitive selection process. The Attorney Student Loan Repayment Program (ASLRP) is an agency recruitment and retention incentive, not an entitlement. 

a. Components wishing to offer the opportunity to compete for ASLRP as a recruitment incentive are responsible for coordinating with the recruit and timely submitting request packages in May. 

b. Attorneys are not required to serve a minimum period with the Department prior to requesting consideration. 

c. Determinations for recruitment purposes (including the amount to be paid on the attorney's behalf) must be made before the attorney actually enters on duty in the position for which he or she was recruited. 

6. Loan repayment benefits cannot be used to recruit an employee from another Federal agency. Incoming Honors Program attorneys serving as federal judicial law clerks at the time of their application to the Department are not deemed "recruited from another Federal agency." 

a. An attorney must not be in default on repayment of any federal student loans. 

b. The attorney must have a minimum aggregate qualifying federal student loan debt balance of $10,000 to initially qualify for ASLRP (not applicable to renewal requests).

c. An attorney who received less than a "fully successful" rating on the most recent performance evaluation report (or equivalent level of performance under the applicable performance management system) is not eligible to request consideration for the ASLRP. If already selected for the ASLRP, repayment benefits will terminate if an attorney fails to maintain a "fully successful" level of performance under Part 430 of Title 5, CFR, or a similar level of performance under another applicable performance management system. 

d. An attorney who has engaged in misconduct or who has been subject to disciplinary action (formal or informal) within the preceding three years is not eligible to receive loan repayments until two years after the end date of any disciplinary action or, in cases where no disciplinary action was taken, until two years after the date of the discovery of the misconduct.  

e. Attorneys who are the subject of a performance or conduct based action, and/or under a "Performance Improvement Plan", "Last Chance or Abeyance Agreement" or a "Memorandum of Understanding" (between management and a union with bargaining rights over conditions of employment) are rendered ineligible during the enforcement period.

 
C. Loan Eligibility

a. As defined by 5 CFR Part 537, the ASLRP repayment authority is limited to student loans authorized by Title IV of the Higher Education Act of 1965 and Title VII of the Public Health Service Act. These are federally insured loans made by educational institutions or banks and other private lenders. The Higher Education Act covers the following guaranteed student loan programs:
· Stafford Loans
· Supplemental Loans
· Plus Loans *
· Federal Consolidation Loans
· Defense Loans (made before July 1, 1972)
· National Direct Student Loans (made between 7/1/72 and 7/1/87)
· William D. Ford Direct Student Loans
· Perkins Loans
· The Nursing Student Loan Program loans
· The Health Profession Student Loan Program loans
· The Health Education Assistance Loan Program loans.

* The Department will not provide ASLRP for Plus Loans (loans issued to parents on behalf of dependent students).

2. The Department will not make student loan payments for attorneys who are currently studying until the course of study has ended, if the attorney is otherwise eligible. Attorneys who are currently studying and have incurred student loans for that course of study may participate in the program only (a) on completion of their studies, and (b) if they otherwise qualify for participation under the criteria at the time of application.

a. The effective date of the initial service agreement will begin when approved for the first repayment (generally in August). 

b. The effective date of an extension to a service agreement is the day following the expiration of the prior service obligation. 

c. Service agreements submitted by an attorney who is not selected for the ASLRP are null and void. 

2. Attorneys may not credit any prior Federal service or Department of Justice service toward the service requirement. 

(1) Example 1: Ms. A is selected for ASLRP for the first time in FY 04 and earns $75,000 a year. Her qualifying federal student loan payments (from January 1 through December 31, 2003) totaled $4,500. Accordingly, the Department would repay another $4,500 on Ms. A's behalf for the FY 04 ASLRP. For the FY 05 ASLRP, if Ms. A made payments totaling $4,500 toward her qualifying student loans in calendar year 2004 (January through December), the Department would again match that amount provided if she remained otherwise eligible. If, however, Ms. A's calendar year 2004 loan payments totaled only $3,000, then that is the amount that the Department would match in FY 05. The $4,500 payment made by the Department on Ms. A's behalf in FY 04 through the ASLRP is not considered as part of the payments that she made toward her qualifying federal student loans for determining the amount the Department will match in future years. 

(2) Example 2: Mr. B is selected for ASLRP for the first time in FY 04 and earns $68,000 a year. His qualifying federal student loan repayments are not considered when making the initial award of $6,000 in FY 04. So long as Mr. B's annual salary falls below the "matching funds" threshold, he will remain eligible for the maximum Department payment without consideration of the amount he personally pays toward his federal student loans, provided he is otherwise eligible. However, if Mr. B's salary increases to $74,000 by the time he requests renewal for a subsequent year, then the "matching funds" provisions would be triggered. At that point, the Department would match the amount he paid in preceding calendar year. Mr. B's loan payments between January 1 and December 31 of the preceding calendar year must total at least $6,000 for him to qualify for matching funds in that amount. If he paid only $2,000, then that is the amount the Department would match. If he paid nothing, then there is nothing for the Department to match. The ASLRP policy assumes that Mr. B is making regularly scheduled loan payments at all times during participation in the program. It is Mr. B's personal responsibility to monitor his salary and his loan payment amounts to ensure the "matching funds" provisions do not adversely affect his ASLRP participation from year to year. 

5. In future years, the Department may review and adjust the maximum annual payment amount, which may range from $0 to the authorized statutory maximum, if budgetary considerations warrant such a review. 

a. Attorneys must submit a written request for waiver of indebtedness, along with the bill generated by the National Finance Center, through OARM to the Program Administration Panel, for appropriate review and recommendations. OARM will forward the submissions and Panel recommendations to the JMD Finance Staff or Bureau Head (as appropriate) for action.

b. The waiver request should contain a copy of the Service Agreement, the bill prepared by JMD or other appropriate payroll office to the current or former employee or verification of the exact amount of debt where a bill has not been generated, and a narrative explaining why recovery by the Department would be against equity and good conscience or against the public interest.

J. Relationship to Other Recruitment/Retention Incentives

· changes in contact information, especially e-mail addresses;
· plans to voluntarily resign, retire, or separate from the Department before completing the service agreement period. 

7. Attorneys must monitor their student loan accounts to ensure that payments issued through the ASLRP are distributed only to qualifying federal student loans.

8. Attorneys should confirm that payments are issued on their behalf prior to December 31st each year a payment is approved. Payment information is reported on employee Earning and Leave Statements during the pay period it is issued. If not issued by early December, the attorney should immediately contact OARM for assistance.

 
L. Department Responsibilities

a. Appoint a panel to establish and to oversee the administration of the ASLRP. Membership on the panel will include the Director, EOUSA (or delegate); the AAG of one of the Department components (or delegate) (rotated every two years); the Director, OARM (or delegate); the DAAG (Human Resources/Administration), JMD (or delegate); and the DAAG (Office of the Controller), JMD (or delegate), and other individuals as appointed by the Deputy Attorney General. 

b. Ensure appropriate agency determinations are made pursuant to 5 CFR § 537.105. 

2. The Role of the Associate Attorney General

a. Initially establishing, then annually updating Appendix A (Component-Specific Criteria), and publishing recruitment and retention criteria for eligibility in the ASLRP.

b. Reviewing and making final decisions on all requests for consideration for the ASLRP, including appropriate regulatory determinations (5 CFR § 537.105).

c. As appropriate, making determinations, pursuant to 5 CFR § 537.105, that in the absence of offering student loan repayment benefits, the Department would encounter difficulty in filling the positions held by attorneys selected for the ASLRP with highly qualified employees or in retaining highly qualified employees in such positions.

d. As appropriate, making determinations, pursuant to 5 CFR § 537.105, that the high or unique qualifications of employees in positions identified in Appendix A and/or the special needs of the Department for the services of such employees make it essential to retain those employees and that, in the absence of offering student loan repayment benefits, such individuals would be likely to leave for employment outside the federal service.

e. Adjudicating requests for exceptions from applicants who are assigned to qualifying posts or positions with an expected arrival date after the end of the fiscal year

f. Determining if it is against equity and good conscience or contrary to the public interest to require a Department employee to repay some or all of the amount the Department has repaid on the employee's student loan when requests for waiver of repayment obligations are made.

g. Ensuring that a complete copy of the application, endorsements, and the completed service agreement is filed in each approved employee's Official Personnel File.

h. Making routine policy decisions affecting administration of the program.

i. Coordinating all efforts to support automation of the program.

4. The Role of the Office of Attorney Recruitment and Management (OARM)

a. JMD or other designated executive/administrative offices will process all approved requests to obligate funds on a timely basis but not later than September 30. JMD or other designated executive/administrative offices will forward all approved requests to the National Finance Center (or other appropriate finance center) for payment using Form AD-343, Payroll Action Request (or equivalent), pursuant to the procedures specified in the JMD/HRSAG Systems Notice #2001-13 (or equivalent). The FBI will process repayments pursuant to its own internal procedure until realigned under the National Finance Center. 

b. JMD (or other appropriate personnel office) will file a copy of the service agreement for each participant in the individual's official personnel file.

c. JMD (or other appropriate office) will manage processing of the repayment amounts by electronic funds transfer, whenever possible, or by check by a date to be established by the Program Administration Panel, but not later than September 30, and will provide the Program Administration Panel and the appropriate personnel or human resources offices with a report indicating the date payments were made to the lenders of each qualified employee. At this time, all loan repayments are subject to tax and FICA/Medicare withholdings. Payments made by payroll offices to the respective lenders will reflect the net amount of the incentive payment with appropriate deductions withheld for taxes and FICA/Medicare. The gross amount of the lump sum repayment will be reported as taxable income on the W2. 

d. In the event that an attorney has to repay student loan incentive payments already paid on their behalf, JMD will ensure that the appropriate offices send a memorandum to the servicing personnel office (or other appropriate office) requesting that the employee be billed for the indebtedness. The memorandum will contain the employee's name, Social Security Number, total amount of the indebtedness, period covered by the indebtedness and reason for the indebtedness. The servicing personnel office will then prepare a letter of indebtedness and mail it to the employee. The report generated by JMD (or other appropriate office) (subparagraph 1, above) will allow the appropriate Personnel or Human Resources Office to record the date of the payment on the employee's service agreement, thus triggering the effective date of the agreement and establishing when repayment will be required should an employee in the program leave the Department before expiration of the service agreement. 

6. The Role of Heads of Offices, Boards, Bureaus, and Divisions

a. Determine whether any employee being recommended for separation based on performance is a participant in the ASLRP in order to determine whether repayment of the ASLRP payments is required. 

b. Assist the Program Administration Panel evaluate high or unique qualifications relevant to DOJ employment or special needs of the Department by identifying specific component-desired qualifications, skills, or abilities (or any posts or positions that are difficult to fill with highly qualified employees) and submitting them to the Program Administration Panel for approval and inclusion in Appendix A. (See Appendix B for recruitment or retention difficulty factors). Component-identified criteria may include, but are not limited to: professional qualifications, admission to specialty bars, undergraduate or advanced degrees in fields relevant to the component's practice, foreign language proficiency, assignment to hard-to-fill geographic locations, judicial clerkship experience (if relevant to the component's practice), and skills that contribute directly to the accomplishment of the Department's Strategic Goals of preventing terrorism; enforcing federal laws and representing the rights and interests of the American people; assisting state, local and tribal efforts to prevent or reduce crime and violence; and ensuring the fair and efficient operation of the federal justice system. 

c. Review requests for consideration and provide comments or recommendations, as desired. Comments may address whether the applicant possesses high or unique qualifications, or the component has special needs that make it essential to retain the employee, and whether, in the absence of student loan repayment incentives, the employee is likely to leave Federal service. If the attorney is requesting consideration for ASLRP as a retention incentive (as opposed to a recruitment incentive), these comments may include a description of the extent to which the employee's departure would affect the agency's ability to carry out an activity or perform a function deemed essential to the agency's mission. Components will forward all requests for consideration through OARM to the Program Administration Panel for action (approval or disapproval). 

d. Each Component (or EOUSA for U.S. Attorney's Offices) will prepare an annual report to be submitted to the AAG, Administration, no later than November 15, covering the preceding FY. The report will include:

· For each employee who received repayment benefits during the FY, the following information:

o Whether the repayment was for purposes of recruitment or retention;
o Amount repaid during the FY (before withholding)
o Amounts to be repaid in future FYs, subject to availability of funds (before withholding). (Projected based on length of current service agreement).
o Employee's position title, job series, pay plan, grade, and geographical area (city and state); and
o Length of the service agreement (including start date and end date).

· A narrative analysis of the situations for which repayments were made, the effectiveness of the repayment program, and any recommendations for improving the use of the authority in terms of both regulatory change and Department requirements and flexibilities.

7. The Role of Component Executive Officers (or equivalent) and HR Specialists

a. The role of the Component Executive Directors (or equivalent) or delegate, and HR specialists will be:

· Providing scoring recommendations to the Panel on portions of the attorney's justification (submitted as part of the Request for Consideration). 

· Providing routine information or directing employees to OARM for non-routine information, 

· Validating that employees requesting consideration have not been the subject of performance or disciplinary actions that would make them ineligible,

· Processing requests for consideration submitted by applicants,

· Serving as liaison when necessary, at the request of Program Administrative Panel, and 

· Maintaining a file of the names of those employees in the component who are ASLRP recipients, a copy of the service agreement, and recording the date of the payment approval on the employee's service agreement, thus triggering the effective date of the agreement and determining when repayment will be required should an employee in the program leave the Department before expiration of the service agreement. 

b. Component employees with HR responsibilities must inform OARM if a participant employee moves to a different position, separates, or retires from the Department of Justice before completing the service obligation and assist with recoupment efforts.

APPENDIX A  - FY 2008 Component-Specific Criteria (Including Associated Recruitment and Retention Criteria for Eligibility) The Department has determined that, pursuant to 5 CFR § 537.105, attorneys who meet the criteria identified below may qualify for the student loan repayment program. The basis of the Department's determination supporting use of the repayment incentive for retention or recruitment of in these positions includes the factors listed in Appendix B. The final column of the chart below indicates the specific factors supporting the determination of recruitment and retention difficulty, at least one of which applies for each position, and serves as the written basis for the determination that positions in these categories qualify for the Attorney Student Loan Repayment Program for FY 2008. ASSISTANT U.S. ATTORNEYS – Please note - EOUSA is your ASLRP contact for information and assistance, and for submission of requests for consideration. Items 1- 16 do not apply to attorneys serving in U.S. Attorneys Offices. The criteria applicable to AUSAs are listed at item 17, below. Please do not attempt to justify consideration using the criteria posted for the Civil Division or the Criminal Division (items 3a, 3b, 3c, and 5, below), contact these Divisions for assistance, or submit your request for consideration through them for evaluation.
#	Component, Basis, and Position Description	Qualifying Criteria	Factors (App. B)
1a	Antitrust Division Recruitment (Entry-level Honors Program hires)	Member of the Patent Bar, or a Patent Agent, or pertinent experience in or exposure to patent examination; and a comprehensive intellectual property (patents, trademark, copyright) background, including: law degree with demonstrated antitrust interest and economics background (e.g., course work, employment, etc.); and undergraduate or higher degree in electrical engineering, computer engineering, physics, aerospace, biotechnology, or equivalent.	1, 3
1b	Antitrust Division Recruitment and retention (Incoming experienced hires and current employees)	Member of the Patent Bar; and a comprehensive intellectual property (patents, trademark, copyright) background, including: law degree with demonstrated antitrust interest and economics background (e.g., course work, employment, etc.); and undergraduate or higher degree in electrical engineering, computer engineering, physics, aerospace, biotechnology, or equivalent.	1, 3
2	Bureau of Alcohol, Tobacco, Firearms & Explosives	Demonstrated expertise in one or more of the following areas: Information Sharing/Privacy Law Asset Forfeiture Law Employment Law Regulatory Law, particularly in the area of firearms and explosives Contract Law Complex litigation/defense of regulatory and enforcement programs Administrative litigation  Criminal law Ethics/Professional Responsibility Applicant is assigned to a hard-to-fill geographic area (e.g., high cost) Applicant demonstrates commitment to the agency mission (be specific and provide examples)	1,3,4,5
3a	Civil Division Commercial Litigation Branch, Intellectual Property Section (Retention only)	Member of, or eligibility to sit for the Patent Bar and undergraduate/advanced degree in engineering or science (including physical or biological sciences, medicine, or mathematics).	1, 3, 6
3b	Civil Division Commercial Litigation Branch, National Courts Section (Retention only)	Specialized litigation experience (of at least one year) before the U.S. Court of Federal Claims.	1, 6
3c	Civil Division All Branches Recruitment (Incoming Honors Program or other permanent entry-level hires)	Judicial clerkship at the federal level (all courts), or state appellate court level; or Editor of law review or other law journal or Graduated in the top 10% of law school class (or cumulative 3.45 GPA of 3.45/4.0 or higher, or graduated from law school with academic honors; or Specialized training or experience in a subject matter directly relevant to position (e.g., immigration/asylum issues, aviation law, environmental policy).  (Applies only to applicants entering at the GS-11 or 12 salary levels.)	3
4	Civil Rights Division	Graduated in top 10% of law school class (or equivalent); or Served as judicial law clerk at federal level (district court, appellate court, or U.S. Supreme Court) or highest state court level; or Served as editor of a school law review or journal; or Has specialized training or experience in subject matter directly relevant to the position.	2, 3
5	Criminal Division	Graduated in the top 10% of law school class or with a cumulative GPA of 3.45 or higher (4.0 scale); or Judicial clerkship at the federal level (all courts), or State court level; or Published articles or served as an editor of a school law review or journal; or Specialized training or experience in subject matter directly relevant to the position	3
6	Drug Enforcement Administration	Demonstrated expertise in one or more of the following areas: Intelligence Law Technology Law Information Sharing / Privacy Law Class Action Employment Litigation Financial Investigations Regulatory Law or Specialized training and experience in Title 21, U.S. Code; or Assigned to a hard-to-fill area (e.g., high cost area); or Demonstrated commitment to the agency mission (be specific and provide examples).	1,3,4,5
7	Environment and Natural Resources Division Recruitment only	Editor of law review or other law journal or published articles editor of a school law review or journal, or Judicial clerkship at the federal level (all courts), or state appellate court level, U.S. Supreme Court, or State Supreme Court, or Specialized training or experience in subject matter directly relevant to the position,  or Graduated in the top 10% of law school class (or cumulative 3.45 GPA of 3.45/4.0 or higher, or graduated from law school with academic honors	3
8	Federal Bureau of Prisons Retention only (Current employees)	Demonstrated expertise in the following areas: technical competence; professional delivery of client service; professionalism and teamwork; problem solving abilities; case/project management; and litigation. Specialized training and experience (e.g., on the job training in a specialized area, curriculum development and presentation). Demonstrated leadership skills (e.g., volunteered to serve on or lead a workgroup; volunteer to serve as a mentor or coach). Demonstrated commitment to public service.	3,4,5,6
9	National Security Division	Meets one or more of the following: Graduated in the top 10% of law school class (or cumulative 3.45 GPA of 3.45/4.0 or higher, or graduated from law school with academic honors; or Graduated in top 10% of law school class (or equivalent); or Has specialized training or experience in subject matter directly relevant to the position; or Judicial clerkship at the federal level (all courts), or State court level.	3
10a	Office of Community Oriented Policing Services (COPS Office) Recruitment (Incoming experienced hires)	Meets one of the following: graduated in top 10% of  law school class or with academic honors (or equivalent); or served as editor of school’s law review; AND demonstrated specialized legal experience of at least five years in a subject matter directly relevant to position (i.e., federal grant law or federal employment law)	1,2,3
10b	Office of Community Oriented Policing Services  (COPS Office) Retention (Current employee)	A minimum of five years of experience as an attorney in the COPS Office Legal Division who demonstrates, as reflected by receiving the highest level performance ratings (Outstanding prior to 2004; Excellent as of 2004): outstanding research, analytical, and writing skills; and persuasive written and oral communication skills; and effective workload management skills; and the ability to handle multiple complex projects at one time; and appropriate professional judgment; and expertise in applying relevant legal standards to COPS Office policies and practices	2,3
11	Office of Information And Privacy Recruitment and retention	Qualifying Criteria: Specialized experience in the application of the Freedom of Information Act (FOIA). Demonstrated expertise in FOIA litigation including the preparation of agency declarations. Outstanding written and verbal communications skills.	1, 2, 3
12a	Office of Justice Programs (Office of General Council)	Qualifying Criteria: Has specialized training, knowledge or experience in subject matter directly relevant to the position (e.g., litigation experience; federal grant programs; federal procurement; federal employment law; FOIA/Privacy Act; civil rights); or Judicial clerkship at the federal level or state level; or Demonstrated superior oral and written communication skills.	1, 3, 6
12b	Office of Justice Programs (Office for Civil Rights) Recruitment and Retention	Meets one or more or the following (describe how you meet any relied upon criteria in your justification): Outstanding research, analytical, and legal writing skills, especially the publication of an article on the law or another related topic; or Strong oral communication skills, especially in providing legal training programs, speaking to large audiences, and presiding at ethnically diverse community meetings; or Experience in conducting independently complex, wide-ranging civil rights investigations of large organizations, especially law enforcement agencies; or The ability to handle multiple complex projects at the same time; or Experience in applying highly specialized civil rights laws pertaining to federally assisted programs, particularly in regard to employment practices and the delivery of services or benefits; or Extensive knowledge of the operations of law enforcement agencies, AND Demonstrated academic achievement (e.g., moot court, member or editor of a legal journal, graduation from law school with honors, prizes or awards)	1, 3, 5
13	Office of Legal Counsel	Qualifying Criteria: Recent judicial clerkship at a Federal Circuit Court or the U.S. Supreme Court Specialized experience in a subject matter directly relevant to the position (e.g., national security)	3
14	Office of Privacy and Civil Liberties Recruitment and Retention	Qualifying Criteria: Demonstrated expertise in the Privacy Act of 1974 and other federal privacy laws and policies; or Specialized experience in a subject matter directly relevant to the position (e.g. information sharing issues); and, Outstanding research, analytical, writing, and verbal communication skills.	1, 3, 5
15a	Tax Division Trial Attorney Recruitment (Incoming experienced hires) Retention (Current employees)	Experience as a first or second chair trying cases involving complex financial transactions; or Ability to distill and explain, using nontechnical terms and/or visual representations, complex financial transactions and their consequences; or Litigation or prosecution expertise in tax and/or bankruptcy; And: Outstanding legal writing ability; or Three or more years’ experience as a trial attorney in the Tax Division performing at least the excellent level as documented by the most recent performance appraisal (current employees only)	2, 3, 6
15b	Tax Division Trial Attorney Recruitment (Incoming entry-level Honors Program hires)	Judicial clerkship at the federal level (all courts) or the state appellate court level; or Served as an editor of an official law review or other law journal; or Graduated in the top 10% of law school class or for graduates of law schools that do not rank students, graduated with at least a 3.45 GPA on a 4 point scale, or its equivalent.	3
16	U.S. Trustee Program Trial Attorney	Graduated in top 10% or law school class or with a cumulative GPA of 3.45 or higher (4.0 scale); or Outstanding written and oral communication skills; or Specialized training or experience in subject matter directly related to the position; or Assigned to a hard to fill, high cost area, e.g., Boston, New York City, Houston, Detroit, Chicago, San Diego, Los Angeles, San Francisco, Denver, and Washington, DC; or Excellent or outstanding performance ratings.	1,3,5,6
17	U.S. Attorneys’ Offices	Due to the variety of mission needs in USAOs nationwide, AUSAs should justify selection based on the needs of their individual district and the guidance provided in the Request for Consideration form. In past years, some USAOs have used criteria such as those listed below. These criteria are reproduced here as examples only and may or may not be applicable to a specific USAO. AUSAs may consider these examples, but should ensure that any criteria they select for their justification are relevant for their particular office. USAOs may have critical needs not reflected in these examples. Professional proficiency in a spoken and written foreign language sufficient to conduct legal business and litigate issues. For AUSAs involved in computer crime or related specialized litigation: Masters Degree in Computer Science; or three or more years experience in computer technology as it relates to computer crime demonstrating the ability to litigate such issues as encryption, electronic privacy laws, search and seizure of computers, e-commerce, hacker investigations, infrastructure protection, emerging technologies, online investigations, online forensic techniques, and similar matters. For AUSAs assigned to financial crime or related specialized litigation: Masters Degree in Accounting, Auditing, or Finance, or three or more years experience prosecuting finance-related crime, For AUSAs assigned to counter-terrorism duties: 3 or more years experience in intelligence analysis, counter-terrorism investigation; or demonstrated ability to litigate issues involving terrorism Assignment to Guam, Northern Mariana Islands, Puerto Rico, Virgin Islands	To be determined based on justification

 

Appendix B

FACTORS OF RECRUITMENT OR RETENTION DIFFICULTY

1. The lack of success of recent efforts to recruit or retain qualified candidates for such positions (including indicators such as offer/acceptance rates, the proportion of such positions filled, and the length of time required to fill similar positions).

2. Recent high turnover in such positions.

3. Labor market factors that negatively affect the ability of the U.S. Department of Justice to recruit or retain highly qualified internal or external candidates for such positions, now or in the future (may include such factors as salary ranges, or comparable positions, scarcity of skills, emerging technology, etc.).  For entry-level attorneys, this may include the need to recruit candidates with unique skills, abilities, training, background, knowledge, or an exceptionally high degree of demonstrated potential based on objective academic achievements.

4. Lack of attractiveness of the position or location due to the nature of the work required, remoteness, cost of living, quality of public schools, levels of crime or harassment, conditions of housing, access to medical and hospital facilities, support services for special needs dependents, community amenities, etc.

5. The lack of availability in the labor market of candidates for employment who, with minimal training or disruption of services to the public, could perform the full range of duties and responsibilities assigned to the positions.

6. The number of employees in comparable positions who are likely to retire within the next five years would result in shortages in critical skills if younger employees in those positions were not retained.

APPENDIX D ATTORNEY STUDENT LOAN REPAYMENT PROGRAM - FY 2008 IMPACT OF THE “MATCHING FUNDS” PROVISIONS ON INITIAL REQUESTS
	Does the amount I paid toward my federal student loans in calendar year 2007(January through December 2007) affect the amount of ASLRP funding I could receive in FY 2008?	If I am selected in FY 08, will the "Rebuttable Presumption" of continued participation at the amount originally approved affect the amount of ASLRP funding I could receive in future years?	What happens if my salary increases during my 3-year service obligation? Does that affect the amount of funding I could receive in future years?
My annual base salary (as of May 1, 2008) is less than $74,000 (excluding locality pay)	No. All FY 08 recipients at this salary level will be funded at the $6,000 level without consideration of the amount they paid toward their federal student loans. Please note that the ASRLP policy requires you to continue to make regularly scheduled loan payments.	No, because you were originally funded at $6,000 in FY 08 without consideration of the amount you individually paid toward your student loans. You are automatically eligible for future funding at that level, subject to other policy requirements. Please note that the ASRLP policy requires you to continue to make regularly scheduled loan payments. The ASLRP is a supplement to, not a substitute for, your personal student loan payments. Also, it is your responsibility to monitor your payments as your salary increases, as you may trigger the "matching funds" provisions in the future.	If your salary increases above the "matching funds" threshold (currently $74,000), then the amount you paid toward your Federal student loans during the preceding calendar year becomes extremely important. If you trigger the "matching funds" provisions, DOJ will then match the amount you paid, up to $6,000. ASLRP payments made by the Department on your behalf are not considered in determining the amount you paid when calculating "matching funds."
My annual salary (as of May 1, 2008) is $74,000 or more (excluding locality pay)	Yes. At this salary level, you are subject to the "matching funds" provisions. Accordingly, if you are selected for ALSRP in FY 08, DOJ will match the amount you paid on qualifying Federal student loans in calendar year 2007 up to a maximum of $6,000. This amount becomes your baseline for renewal in future years. The Department will not automatically match higher payments in the future.	Yes, because it sets the baseline amount you are eligible to continue to receive for the duration of the three-year service obligation.  At this salary level, you are subject to the “matching funds” provisions.  Accordingly, DOJ will match the amount you paid on qualifying federal student loans up to the amount for which you are originally approved in the FY 08 ASLRP, provided you remain eligible and subject to availability of funds.  Please note that the ASRLP policy requires you to continue to make regularly scheduled loan payments.  The ASLRP is a supplement to, not a substitute for, your personal student loan payments.	Because you were already subject to the “matching funds” provisions, an increase in your salary has no impact on the amount of ASLRP funding you could receive.  The Department will continue to match the amount you paid on your Federal student loans in the preceding calendar year, up to the amount originally approved, provided you remain eligible and subject to availability of funds.  ASLRP payments made by the Department on your behalf are not considered in determining the amount you paid when calculating “matching funds.”

 

APPENDIX E ATTORNEY STUDENT LOAN REPAYMENT PROGRAM IMPACT OF THE “MATCHING FUNDS” PROVISIONS ON RENEWAL REQUESTS Generally, the amount approved at the time of your original selection for ASLRP is the baseline amount that the Department uses to project future payments during the service period.
	Will the amount I paid toward my federal student loans in calendar year 2007 affect the amount of ASLRP funding I receive in FY 2008?	Does the amount I pay toward my federal student loans in calendar year 2008 affect the amount of ASLRP funding I could receive in FY 2009?	Does the "Rebuttable Presumption" of continued participation at the amount originally approved affect the amount of ASLRP funding I could receive in future years?
My annual base salary (as of May 1, 2008 is less than $74,000 (excluding locality pay).	No. All recipients whose annual base salary is less than $74,000) (excluding locality pay) were initially funded at $6,000. Please note that the ASRLP policy requires you to continue to make loan payments as a condition for continued eligibility.  The ASLRP is a supplement to, not a substitute for, your personal student loan payments.	It depends on whether your annual base salary remains below $74,000. If it does, then you continue to be funded at the maximum level (currently $6,000) without consideration of the amount you individually pay toward your student loans. However, it is your responsibility to monitor your payments as your salary increases, as you may trigger the “matching funds” provisions in the future. Once your salary reaches $74,000, the Department will only match the amount you paid during the preceding calendar year, up to $6,000. Please note that the ASRLP policy requires you to continue to make regularly scheduled loan payments. The ASLRP is a supplement to, not a substitute for, your personal student loan payments.	It could, because it permits you to continue to receive funding at the $6,000 level during the course of your service obligation.  Please note that the “matching funds” provisions are likely to affect attorneys who remain in the ASLRP over a period of several years. It is your responsibility to monitor your payments as your salary increases, as you may trigger the “matching funds” provisions in the future. Once your salary reaches $74,000, the Department will only match the amount you paid during the preceding calendar year, up to $6,000.
My annual base salary (as of May 1, 2008) is $74,000 or more (excluding locality pay) but in FY 2007, my salary was less than $74,000.	Yes. All recipients with annual base salaries of $74,000 or more are subject to the “matching funds” provisions. The Department will only match the amount you paid on your qualifying federal student loans in calendar year 2007. Please note that the ASRLP policy requires you to continue to make loan payments.	Yes. At this salary level, you are subject to the “matching funds” provisions. Accordingly, providing you remain an ASLRP participant, DOJ will match the amount you pay on qualifying federal student loans in calendar year 2007 up to a maximum of $6,000 provided you remain eligible. Please note that the ASRLP policy requires you to continue to make regularly scheduled loan payments. The ASLRP is a supplement to, not a substitute for, your personal student loan payments.	Yes, because it permits you to continue to receive funding at the $6,000 level provided that you paid at least that much toward your federal student loans in the preceding calendar year and otherwise remain eligible. However, if you paid less, then the Department can only match the amount you actually paid.
My annual base salary (as of May 1, 2008) is $74,000 or more (excluding locality pay) and my salary was above that level in 2007 (or at the time I was originally selected for the ASLRP).	Yes. Your salary level triggered the Department’s “matching funds” provisions. At the time you were originally selected, DOJ matched the amount you paid in the preceding calendar year as documented in your ASLRP request. That amount became your baseline. DOJ will continue to match your payments at that amount, provided you remain eligible. On occasion, if funds are available, the Department may approve a one-year increase in the amount it matches provided your payments increased; however, this is not guaranteed.  Please note that the ASRLP policy requires you to continue to make loan payments.	Yes. At this salary level, you are subject to the “matching funds” provisions. Accordingly, DOJ will match the amount you paid on qualifying Federal student loans up to the amount for which you were originally approved, provided you remain eligible. On occasion, if funds are available, the Department may approve a one-year increase in the amount it matches provided your payments increased; however, this is not guaranteed. Please note that the ASRLP policy requires you to continue to make regularly scheduled loan payments. The ASLRP is a supplement to, not a substitute for, your personal student loan payments.	Yes. During the course of your service period, DOJ will match the amount you paid on qualifying Federal student loans in the preceding calendar year up to your baseline - the amount for which you were originally funded – provided you remain eligible. On occasion, if funds are available, the Department may approve a one-year increase in the amount it matches provided your payments increased; however, this is not guaranteed.

 

Still have questions? Contact us at aslrp@usdoj.gov. (OARM monitors this email address from March through September. Please check the FAQ as most questions are addressed there. If you still have questions, contact OARM at (202) 514-3397.)