Washington, D.C. 20530

April 8, 2005

MEMORANDUM

This memo responds to questions that have been posed about the roles of the components/offices in making candidate selections for ASLRP payments and the budget charges resulting. For ease of use, it is done in the nature of Frequently Asked Questions (FAQs). Detailed information about the ASLRP can be obtained from the OARM web site at: www.usdoj.gov/oarm under the ASLRP link. Because of these questions, the period for final submission of the renewal packets and comments to OARM is extended to April 15, 2005.

FAQ 1. WHAT IS ASLRP AND WHAT IS THE ROLE OF THE COMPONENTS/OFFICES IN SELECTING RECIPIENTS?

At the direction of the Attorney General and the Deputy Attorney General, ASLRP was established as a Department-wide program open to all employees serving in attorney positions in the Department of Justice, in whatever office or component they are employed. ASLRP was created as part of the AG/DAG Diversity Initiative announced in March of 2003. A Department-level Panel was established pursuant to the DAG's direction to administer this program on a Department - wide basis and to make the selection of recipients. The Panel amended portions of the program this year to expand the role of employing components/offices in this process. All ASLRP applications must be submitted through the employing component/office for verification and comment. The employing components/offices are then required to forward all applications to the Panel. Employing components/offices are requested and encouraged to submit comments reflecting their views of each attorney's application. Due to privacy concerns, please submit individual comments pertaining to each attorney along with that individual's packet and not a consolidated comment for all attorneys.

FAQ 2. WHERE DOES THE MONEY COME FROM FOR THESE LOAN PAYMENTS AND DOES IT AFFECT MY COMPONENT/OFFICE BUDGET?

The Department requested separate line item appropriations to cover this expense. Only a portion of the cost was provided for this year. There will be central funding to cover a little less than a third of the expense. This money will be used to equitably offset the cost to each component/office with selected attorneys, which means slightly over two-thirds of the cost will be charged to component/office's budgets based on the number of employees selected to participate from that component/unit and the level of funding they are eligible to receive (up to a maximum of $6,000 per participating attorney; however, not all attorneys receive maximum funding).

FAQ 3. HOW DO I PROVIDE INPUT IF I BELIEVE THE PERSON PREVIOUSLY SELECTED OR REQUESTING INITIAL SELECTION DOES NOT WARRANT SELECTION OR THAT THE COST WOULD IMPOSE A SERIOUS HARDSHIP ON MY BUDGET?

You can submit information that will be considered by the Panel in approving renewals or making new grants; although there is a procedural difference in handling renewals from prior years and those seeking initial selection. You should submit your comments as an attachment to each attorney's application when you forward it to the Panel.

RENEWALS - There were 115 individuals chosen to receive assistance in the last two years. Each one signed a three-year service contract in return for the first year's payment. Because of this, the Panel decided that, as a matter of policy, these attorneys would enjoy a rebuttable presumption of renewal for the remaining two years, provided they remained otherwise qualified. If you believe there are facts that warrant a denial of renewal, you should submit this information. in writing. with the attorney’s renewal application. If you recommend that a renewal not be given, because it is a rebuttable presumption, you will need to provide the attorney a copy of your comments and an opportunity to respond, in writing. Both your recommendation and any response will be presented to the Panel for its consideration.

The Panel must make findings in each case, so the information you submit should be specific in nature (e.g., that the attorney received a lower rating this cycle as compared to previous years, or was negatively cited by a trial or circuit court, etc.)

If you believe payment for the attorney(s) would impose a serious hardship on your budget, you may also submit factual information on this point as funding availability is considered by the Panel in making the selections or granting renewals. Again, such information is persuasive to the extent it is specific and compelling in detail.

NEW REQUESTS - You may submit comments of a similar nature about new applicants in the same way as you can for renewals; however, there is no requirement to first provide your comments to the attorney. Your comments and information should be forwarded (as described on the above web site) with each attorney's application from your component/office.

Additionally, when reviewing initial requests, each component/office is asked to make specific recommendations on the number of points that should be awarded to each attorney as part of its internal review and validation (See Part 4 of the Request For Consideration Form). Component/office input on scores is requested on up to 50 of the 100 rating points each applicant may receive. This rating is used in the ultimate selection or non-selection of new recipients.

FAQ 4. WHO MAKES USE OF THIS INFORMATION IN APPROVING RENEWALS OR MAKING SELECTIONS FOR NEW RECIPIENTS THIS YEAR?

The ASLRP Panel is chaired by the Associate Attorney General and consists of the Department's Chief Financial Officer, Chief Human Resource Officer, the Director of EOUSA, the Director of OARM and the AAG of one of the six litigating components (Tax this year). The five Panel members are responsible for approving the individual renewals and new selections.

FAQ 5. WILL MY COMMENTS AND RATING RECOMMENDATIONS BE CONSIDERED?

The Panel will give careful consideration to your comments and to your rating recommendations.

HOWEVER, THE PANEL WILL NOT BE ABLE TO CONSIDER YOUR COMMENTS AND RECOMMENDATIONS UNLESS YOU TIMELY SUBMIT THEM WITH YOUR ATTORNEY EMPLOYEE'S APPLICATION.

UNITED STATES ATTORNEYS PLEASE NOTE - Your applications with your comments and ratings are submitted through EOUSA and you may receive further guidance from them in this regard.

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