November 5, 2002

MEMORANDUM FOR LEAH M. MEISEL
           Assistant Director
           Administrative Services Division
           Federal Bureau of Investigation

This responds to your request for authority to pay annual premium pay for administratively uncontrollable overtime work (AUO pay) to employees performing considerable amounts of irregular and occasional overtime work in the Hazardous Materials Response Unit (HMRU), Laboratory Division. As described in more detail below, your request is approved, effective with the first pay period beginning on or after the date of this memorandum.

Based on the information you provided, several HMRU employees typically perform an average of at least three hours per week of irregular and occasional overtime work–the minimum average amount of overtime work needed to justify payment of AUO pay. (This is a rough calculation based on the 12 pay periods of data you supplied. The actual calculation will be based on eight pay periods of data, as provided in DOJ Order 1551.4A.) The position descriptions that we reviewed indicate that most of these employees are expected to direct timely and full responses to a wide variety of unanticipated emergency situations. Due to the nature of these situations, it is not feasible to administratively control the overtime work.

Under Paragraph 7 of DOJ Order 1551.4A, I have determined that the following positions within the Hazardous Materials Response Unit (HMRU), Laboratory Division are authorized to receive AUO pay, subject to the additional requirements described below:

• Chemist,



• Logistics Management Officer,



• Microbiologist, and



• Physical Security Specialist.

Payment of AUO pay is subject to the following requirements:

• chapter 55 of title 5, United States Code;



• Subpart A of Part 550, Title 5, Code of Federal Regulations; and



• DOJ Order 1551.4A.

In particular, we call your attention to the statutory requirement that the overtime work be performed "without supervision." This approval does not apply to employees who typically perform their overtime work in the presence of, and under the direction of, their official supervisors (as contrasted with an on-site team leader who does not have delegated authority to direct the employee to perform overtime work).

If members of your staff have any questions about this matter, they may contact John Cahill of the Justice Management Division Personnel Staff's Policy Group, on 514-6778.

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