Attorney Student Loan Repayment Program Click here for a printer-friendly version of the ASLRP policy Individuals with questions or concerns should review the information posted in the FAQ at the Quick Link on the left prior to contacting OARM for assistance.

The ASLRP Policy is quite lengthy. Attorneys requesting participation must certify that they have read and understand its provisions. Select the link below to read the entire policy, or, if you are looking for specific information, select a direct link to that portion of the Policy. Individuals with questions or concerns should review the information posted in the FAQ at the Quick Link on the left prior to contacting OARM for assistance.

• Entire ASLRP Policy
• A. Overview
• B. Attorney Eligibility
  • Permanent Employees
  • Incoming Honors Program Attorneys
  • Ineligible Attorneys
  • Disqualifying Conditions
• C. Loan Eligibility
• D. Service Obligations and Agreements
  • Impact of Uniformed Service (Military LWOP)
• E. Annual Payments and Related Information
  • Maximum Benefits
  • Tax Consequences
  • Matching Funds Provisions
  • Payment Dates
  • Obligation to Continue Scheduled Payments
• F. Procedures to Request Consideration
• G. Renewal of Benefits for Current Recipients
  • Renewal in the Second or Third Year of a Three-Year Service Obligation
  • Beyond the Expiration of A Service Obligation
• H. Lateral Moves Within the Department
• I. Reimbursing the Department / Waiver of Indebtedness
• J. Relationship of ASLRP to Other Recruitment/Retention Incentives
• K. Responsibility of Attorneys selected for the ASLRP
• L. Department Responsibilities
• Appendix A
• Appendix B
• Appendix C
• Appendix D
• Appendix E

1. The Department of Justice implemented the ASLRP in 2003. Based on the provisions of 5 U.S. Code, 5 U.S.C. § 5379, the ASLRP is an incentive program designed to recruit and retain highly qualified attorneys for hard-to-fill positions. Any Department of Justice employee serving in or hired to serve in an attorney position may request consideration for the ASLRP.

2. The ASLRP is an agency incentive program, not an entitlement. Annual funding does not permit selection of all qualifying attorneys for participation in the ASLRP. The Department anticipates selecting new attorneys each year for participation on a competitive basis and renewing current beneficiaries during existing service obligations, subject to availability of funds. ASLRP benefits are subject to taxes and other withholdings, which are deducted from the amount approved prior to issuance of payment to the loan holders. ASLRP benefits are paid directly to the loan holder, not to the individual attorney.

3. Initial acceptance of ASLRP funding triggers a three-year service obligation to the Department. To receive ASLRP benefits, the attorney must qualify, the attorney’s student loans must qualify, and all statutory requirements must be met. Attorneys who do not complete their service obligation must repay the Department for all funds received through the ASLRP at the “before taxes” amount.

4. Federal agencies have a large degree of discretion in structuring student loan repayment programs. The Department's policy requires a minimum aggregate loan balance of $10,000 to initially qualify. The ASLRP is intended as a supplement to the individual attorney's loan repayment obligations, not as a substitute payment. The Department matches payments rendered by the individual attorney, up to a maximum of $6,000 per year. Attorneys with annual base salaries below $84,000 automatically qualify for the maximum payment without consideration of the amount they paid. However, once an attorney's salary reaches the "matching funds" threshold, the Department considers annual loan repayments rendered by the individual when determining the amount of the ASLRP benefit. The ASLRP contemplates that attorneys will continue making payments toward their federal student loans while participating in the program.

B. Attorney Eligibility

1. Department of Justice employees serving in or hired to serve in an attorney position may be  eligible for ASLRP unless they fall into one of the following categories: 

· 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).

3. Attorneys in the following categories are not eligible for the ASLRP: 

· 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.

5. ASLRP may be approved for recruitment or retention of highly qualified attorneys, 
including incoming Attorney General's Honors Program attorneys. 

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. 

7. Attorneys approved for ASLRP must be in good standing on their qualifying federal student loans. 

8. Attorneys selected for the ASLRP must continue to make personal loan payments (e.g., attorneys may not advance or suspend payments, default, or request deferral or forbearance from the educational or lending institution based on receipt of ASLRP). ASLRP is intended as a supplement to, not as a substitute for, each attorney's individual federal student loan payments. 

9. 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).

10. Disqualifying Conditions:

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 or recompetition requests from prior recipients).

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.

1. To be eligible for repayments on his or her behalf, the attorney must have an existing loan that qualifies under the "definition of student loan" in 5 CFR Part 537. The loan must have been taken out by the attorney and must have been used to pay costs incurred by the attorney. The Department will not approve loan repayments for third-party loans (e.g., loans taken out by parents on behalf of dependent children, or by one spouse for the other, etc.).

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).

3. The Department may not reimburse an employee for student loan payments made prior to entering into a valid service agreement with the Department of Justice.

4. The Department can only agree to repay qualifying student loans in existence prior to the execution of a loan repayment agreement. 

5. The level of academic degree for which a student loan was obtained will not be considered in determining eligibility for the ASLRP, however, the degree must relate to a qualification relevant to the attorney's position at the Department. 

D. Service Obligations and Agreements

1. All participants in the Attorney Student Loan Repayment Program (ASLRP) must sign valid service agreements with the Department of Justice before repayments can begin. A standard Service Agreement is posted on the OARM website at the "Quick Links" menu on the ASLRP main page. Each new ASLRP participant must sign an initial service agreement for a three-year service obligation to be submitted at the time of the initial request. Acceptance of benefits beyond the original three-year period requires either the execution of a new three-year service agreement or, in years when the Panel so designates the option available, an extension of an existing service obligation.

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. 

3. Attorneys who fail to complete their service obligation may be indebted to the Department for all student loan repayments received (before taxes and not a prorated amount) under the ASLRP. See paragraph I, "Reimbursing the Department / Waiver of Indebtedness."

4. Periods of leave without pay, or other periods during which an ASLRP recipient is not in a pay status do not count toward the completion of the required service period upon reemployment. The service completion date must be extended by the total time spent in non-pay status. However, absence because of uniformed service or compensable injury is considered creditable toward the required service period upon reemployment.

a. An attorney who is absent from the Department because of uniformed service (military service) is generally entitled upon reemployment to be treated as though he or she had never left. This includes ASLRP recipients who are reemployed by the Department following a period of uniformed service. Periods of military leave without pay (LWOP) are creditable toward the completion of a student loan repayment service period, and scheduled student loan payments specified in the service agreement will continue during the period of military LWOP, subject to availability of funds.

b. The Department may initiate appropriate recoupment action should the attorney not return to the Department following uniformed service/military LWOP.

E. Annual Payments and Related Information

1. All ASLRP payments are subject to the availability of funds as determined solely in the discretion of the Department. 

2. The Department of Justice limits annual ASLRP benefits to a maximum of $6,000 per attorney per calendar year (notwithstanding the provisions of P.L. 108-123 (November 11, 2003). Depending on resources, the Department may determine a lower amount, down to $0. The total lifetime maximum per attorney is $60,000. 

3. ASLRP payments are taxable to the attorney. Tax withholdings will be deducted or applied at the time any loan repayment is made. The Department of Justice is required to report the amount of any loan repayment made under this program, as well as any FICA-related taxes or income taxes that have been withheld, on a Form W-2. Tax withholdings may not be amortized or assessed at a date later than when the loan repayment is made. The amount the Department awards an attorney is the pre-tax amount. The amount actually credited toward an individual's qualifying student loans varies depending on the individual's salary, number of exemptions, state of residence, etc. 

4. Matching Funds Provisions: When determining the amount to repay on a recipient's behalf, the Department will match the annual amount that the recipient pays on his or her qualifying Federal student loans (up to a maximum of $6,000 per calendar year), except that recipients whose annual base salaries are less than $84,000 automatically will receive the maximum repayment amount. Payments made by the Department on an attorney's behalf are not considered payments made by the recipient. See Appendices D (Impact on Initial Requests) and E (Impact on Renewal Requests) for more details. 

(1) Example 1: Ms. A is selected for ASLRP for the first time in FY 09 and has an annual base salary of $85,000 a year. Her qualifying federal student loan payments (from January 1 through December 31, 2008) totaled $4,500 (before taxes and withholdings). Accordingly, the Department would repay another $4,500 (before taxes and withholdings) on Ms. A's behalf for the FY 09 ASLRP. For the FY 10 ASLRP, if Ms. A made payments totaling $4,500 toward her qualifying student loans in calendar year 2009 (January through December), the Department would again match that amount provided if she remained otherwise eligible. If, however, Ms. A's calendar year 2009 loan payments totaled only $3,000, then that is the amount that the Department would match in FY 10. The ASLRP payment made by the Department on Ms. A's behalf in FY 09 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 09 and has an annual base salary of $68,000 a year. His qualifying federal student loan repayments are not considered when making the initial award of $6,000 in FY 09. 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 $84,000 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.  Once his salary exceeds the matching funds threshold, 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. The ASLRP policy assumes that Mr. B is making regular 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 the amount he can receive through ASLRP participation from year to year. 

6. Payments made by the Department on behalf of approved beneficiaries will not exceed the total qualifying federal loan balance. 

7. The Department will distribute ASLRP incentive payments once annually (generally in June/July for renewal of existing benefits and in August/September for new beneficiaries). Payments for new beneficiaries who have not entered on duty (EOD) at the time the general payments are issued must be made between the date they become official DOJ employees and December 31st. If an incoming ASLRP beneficiary delays his or her EOD beyond the pay period where a payment can be issued prior to December 31st, he or she may forfeit a portion of the renewal award that could have been issued during the next calendar year due to the statutory maximum payment per calendar year.  

8. The Department issues payments directly to educational or lending institutions in the order designated by the attorney in the request for consideration. Repayments are not authorized for reimbursement directly to the attorney. The attorney remains responsible for any remaining payments or balances. The Department is not responsible for late fees assessed by the educational or lending institution. 

9. Attorneys remain liable for their loan debts. 

10. Attorneys selected for the ASLRP must continue to make personal loan payments (e.g., attorneys may not advance or suspend payments, default, or request deferral or forbearance from the educational or lending institution based on receipt of ASLRP). ASLRP is intended as a supplement to, not as a substitute for, each attorney's individual federal student loan payments. 

F. Procedures to Request Consideration for the ASLRP

An attorney who wishes to be considered for the Department's Attorney Student Loan Repayment Program incentive must take the following steps: (Current recipients seeking renewal payments should follow guidance in paragraph G, "Renewal of Benefits for Current ASLRP Incentive Recipients.")

1. Complete the online Eligibility Worksheet to determine whether minimum qualifications are met. 

2. Complete the Request for Consideration located at www.usdoj.gov/oarm/aslrp/requestforconsideration.pdf.

3. Attach all required documentation to the Request for Consideration (e.g., loan data, statements from lenders, Service Agreements, justifications, etc.). Handwritten, inaccurate, or incomplete submissions will not be considered. Applicants must provide accurate and complete contact information regarding each loan holder, and must prioritize the loans in order of desired repayment. A standard Service Agreement is posted on the OARM website at www.usdoj.gov/oarm/aslrp/serviceagreement.pdf. 

4. Submit the request package no later than the deadline set by the Program Administration Panel. (Key dates will be posted on the OARM web page at www.usdoj.gov/oarm/aslrp/keydates.htm.) 

G. Renewal of Benefits for Current ASLRP Recipients

Renewal requests are not subject to the $10,000 minimum qualifying loan balance that applies to initial requests for consideration. 

1. Renewal in the Second or Third Year of a Three-Year Service Obligation.

a. Once an attorney is approved for ASLRP benefits, there is a rebuttable presumption that the attorney will continue to receive funding during the second and third years of the three-year service agreement at the amount originally approved subject to the "matching funds" provisions, continued eligibility, and availability of funds as determined solely in the discretion of the Department.

b. Continued receipt of ASLRP benefits during an existing service obligation (e.g., the second and third years of a three-year service obligation) will not trigger an extension of the service agreement.

c. Renewal in the ASLRP is not automatic. Attorneys must submit a "Request for Renewal of Incentive Payments" annually while serving an existing service obligation (e.g., years 2 and 3 of the initial Service Agreement). The renewal request is used to establish continuing eligibility, verify distribution of prior payments to qualifying federal student loans, and determine the payment amount for that fiscal year.

d. Renewal requests for attorneys in the second or third year of an existing service obligation are different from initial requests for consideration. Renewal forms are posted on the OARM web page at http://www.usdoj.gov/oarm/aslrp/renewalofincentive.pdf .

2. Renewal Beyond the Expiration of A Service Obligation.

a. Upon the expiration of a prior service obligation (e.g., the FY 2007 ASLRP for attorneys selected in FY 2004), renewing beneficiaries have two options.

Option 1: The attorney may recompete for selection for the ASLRP with all new requesters and, if selected, would enter into a new three-year service obligation. There is no guarantee of further selection for the ASLRP. The amount of the award would be based on the current Department maximums as modified by the "matching funds" provisions (see paragraph E). The payment would not be limited to the baseline amount established during the prior service obligation. These attorneys should submit the same "Request for Consideration" as new requesters.

Option 2: The attorney may opt out of further ASLRP participation and, upon the expiration of an existing service agreement, have no further obligation to the Department.

b. Renewal requests beyond the expiration of a service obligation are not subject to the $10,000 minimum loan balance required to initially qualify; however, if reselected, the new three-year service obligation will remain in effect even if the loan balance is extinguished (e.g., qualifying federal student loans paid off) before the end of the service obligation.

c. The Department reserves the right to permit the Program Administration Panel and the attorney to mutually agree to modify an existing service agreement, subject to the limitations at 5 C.F.R. § 537.106(c)(2), to provide additional student loan repayment benefits for additional service (i.e., execute an extension to the original 3-year service agreement) without the need for a new service agreement (which would require a new 3-year minimum service period). However, the Panel will determine whether this option will be offered to specific year groups on an annual basis; it may not be individually requested.

H. Lateral Moves Within the Department

Moving from one position to another within the Department after selection for the ASLRP does not affect renewal eligibility during an existing service obligation.

I. Reimbursing the Department / Waiver of Indebtedness

1. An attorney is indebted to the Department of Justice for all student loan repayments received (the total gross amount before taxes and withholdings) under the Attorney Student Loan Repayment Program, and must reimburse the Department if he or she:

is separated from the Department involuntarily on account of misconduct or performance;

leaves the Department voluntarily before completing the service obligation period (including extensions, if applicable). This includes departures based on retirement or to enter service in another Federal agency.

2. Amounts owed to the Department due to an employee's failure to complete the terms of a service agreement will be recovered pursuant to DOJ Order 2120.3C, "Collection of Debts by the Department of Justice."

3. The Department may waive, in whole or in part, recovery of the loan repayment amount if it is determined to be against equity and good conscience or contrary to the public interest.

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.

The Department may pay a student loan repayment incentive in addition to a retention incentive/allowance, or recruitment and/or relocation bonus. The period of service required by a Recruitment Bonus Service Agreement or a Relocation Bonus Service Agreement is exclusive from the period of service required under a Student Loan Repayment Service Agreement. However, the specified period of service in a Student Loan Repayment Service Agreement may run concurrently with other service agreements.
 

K. Responsibilities of Attorneys Selected for the ASLRP

1. Attorneys who are notified of selection for the program and the funding level who then decide not to participate must submit written notice of withdrawal from the program to the Program Administrators by the deadline set by the Program Administration Panel to permit reallocation of funds. (Key dates will be posted on the OARM web page at www.usdoj.gov/oarm/aslrp/keydates.htm.) Failure to withdraw by the deadline will result in the processing of the loan repayment, and may result in an obligation being established which the attorney would then be liable to repay in the event of voluntary departure or dismissal for cause. 

2. Attorneys who accept participation in the ASLRP are responsible for reading the policy in its entirety. 

3. Attorneys notified of selection for the ASLRP who wish clarification of any policy provisions must contact OARM to resolve any questions prior to acceptance. 

4. Attorneys must continue to make regular payments against their outstanding federal student loans. The ASLRP is intended as a supplement to, not as a substitute for, each attorney's individual federal student loan repayments. The Department will not pay any late fees or penalties. Attorneys who fail to make payments, or are declared in default of the loan, or who advance or suspend payments, or request deferral or forbearance from the educational or lending institution based on receipt of ASLRP, will not be eligible to participate in the ASLRP. 

5. Attorneys must monitor their salary levels and their personal student loan repayments to ensure the "matching funds" provisions do not adversely affect their ASLRP participation from year to year. 

6. Attorneys must notify the Office of Attorney Recruitment and Management (OARM) of:

· 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.

1. The Role of the Deputy Attorney General: The Deputy Attorney General (DAG) retains final approval authority over all aspects of the ASLRP. The DAG or his delegate will:

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. 

The Associate Attorney General chairs the Program Administration Panel.

3. The Role of the Program Administration Panel. The Program Administration Panel (Panel) is responsible for program oversight. The Panel's responsibilities include but are not limited to:

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.

OARM is responsible for administration of the Program subject to the oversight of the Program Administration Panel. 

5. The Role of Justice Management Division (JMD) or Designated Executive / Administrative Offices

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 for current DOJ employees and not later than December 31st for incoming hires, 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. 

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 the deadline established by OMP, 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.

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 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 C
GUIDELINES FOR REQUESTING CONSIDERATION (New Requesters)

Attorneys requesting approval of ASLRP incentive payments must submit a written justification along with the Request for Consideration, and other appropriate documentation (e.g., proof of qualifying student loans, signed service agreement) through their component to the Program Administration Panel for action.

The Request for Consideration form is form-fillable and accessible at www.usdoj.gov/oarm/aslrp/aslrp.htm under the "Quick Links." Alternatively, attorneys can print out the Request forms and type in their responses. Handwritten responses are not acceptable, but if you need an accommodation, please contact OARM, Attention: Deana Willis for assistance.

The justification portion of the request has specific areas that must be addressed. Detailed guidance is provided in the Request for Consideration form. Attorneys must also articulate relevant factors of recruitment or retention difficulty that apply to their situation. Appendix B lists common factors of recruitment or retention difficulty – you may use any of those factors that are appropriate to your situation, but also may also rely on other relevant factors not listed.

All justifications must include at least one of the following:

• The basis for a determination of high or unique qualifications, or
  
  
• The special need of the Department for the attorney's services.

Further, if the attorney is already on duty with the Department (i.e., is requesting ASLRP as a retention incentive as opposed to a recruitment incentive), the justification also must include a written description of the extent to which the attorney’s departure would affect the Department’s ability to carry out an activity or perform a function that is deemed essential to its mission.

Attorneys must submit requests through their components. Components must review the requests and forward them to OARM for action by the Program Administration Panel. The submission deadlines are listed under “Key Dates.”

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.)