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3
INS
Correspondence
-
Case
Tracking
Report
Folder
Id:
Originator:Location:Addressee:
CC:
DOJ#:252214
JAMES
W.
ZIGLARHQCOM
THEAG
Folder Creator:Date Created:Folder Received:Date Due:
Last
Modified:
AESUTTON
10/03/2001
10/03/2001
10/03/300010/03/2001
Subject:
Case Type:
Referred To:Signature
Office:
Instructions:Public
Official:
ASSIGNMENT
OF INS
EMPLOYEES
IN
SUPPORT
OF
EFFORTS
RE
9/11/01
TERRORIST ATTACORRESPONDENCE
HQCOM
HQCOM
Work
Item
ID:
303653
ASSIGNMENT
STATUS:
Assignee
SUTTON,
AVIS
EAssignor
SUTTON,
AVIS
E
Date
Assigned10/03/2001
02:58PM
Asg Due
Date10/06/2001Date
Completed
10/03/2001
DOCUMENT
LIST:
Doc
Number Title
2131614
ASSIGN.
OF INS
EMPLOYEES
IN
SUPPORT
OF
EFFORTS
RE
9/11/01
TERRORIST ATTACKS
Author/Signer
JAMES
W.
ZIGLARCreated10/03/2001
Modified
10/03/2001
SIGNATURE
DATE:
10/03/2001
Report
Date:08/01/2003
 
U.S.
Department
of Justice
Immigration and Naturalization
Service
HQHRD
100/10
Office
of the
Commissioner
4251
Street
NWWashington,
DC
20536
OCT
-32DQI
SYNOPSIS:
DISCUSSION:JamesW.
Ziglar~
Commissioner
,
Immigration
and N.
MEMORANDUM
FOR THE ATTORNEY
GENERALFROM:
SUBJECT:PURPOSE:uralization
ServiceAssignment of Immigration and NaturalizationService Employees in Support of Efforts Resulting
from
the Terrorist Attacks of September 11. 2001To obtain approval from the Attorney General tocontinue to pay Administratively UncontrollableOvertime(AUO)toBorder Patrol Agents detailed
to
Operation Safe Passage, and to exclude up
to
30
consecutive or non-consecutive days incomputing
their
entitlement to AUO.
It
is absolutely essential that these dedicated
employees
face
no
reduction
in pay or
benefits
resulting
from
their service and additional hardwork.Weneedthesupportof theDepartmentof
Justice
in achieving this
objective.
Certain employees of the INS currently
work
greatamounts of unscheduled overtime (including the
Border
Patrol Agents
assigned
to
Operation SafePassage)and arepaidapercentageoftheirpayas AUO. Most make the maximum allowable (25percent of basic pay) because of the extra
unscheduled
hours they must work.
For
thoseperforming law enforcement duties, AUO is used incomputing retirement and
life
insurance benefits
and
contributions
to the
Thrift
Savings
Plan.
 
Memorandum for the Attorney General Page 2Subject: Assignment of INS in Support of Efforts Resultingfromthe Terrorist Attacks
of
September 11, 2001Because the Agents assigned to Operation SafePassage
are
working scheduled overtime hours,they would ordinarily not be able to continueearning AUG. It is extremely important thatemployees continue to receive this benefit during
their
details,andthat theydo notsufferanyreduction later because of their service.Under current Departmental policy, if the agentscontinue to be paid AUO during the period oftheir assignment to Operation Safe Passage and donot work any AUO overtime hours, the percentage
of
AUO that they will receive on return to theirnormal duties will
be
reduced. This
is
attributable to the formula for computing AUO paywhich bases future
AUO pay on
past
AUO
hoursworked. Since it is anticipated that the agentsassigned to Operation Safe Passage will not beworking any AUO hours, or very few at best, thehours used for calculation of future AUO pay willbe severely reduced. Altering the current policy
to
allow
the
days
on
detail
to be
excluded from
the
computation formula and
still
allow thedetailedagents to be paid AUO pay and work AUOhours when necessary would keep the agents fromsuffering anyreductionin pay orretirementbenefitsduring this national calltoduty.Since wehopeto see an end to thedetailsand areturn to normal scheduling by the beginning of
the
new calendar year, we request the authority
to
continue
to pay AUO to the
agents detailed
to
Operation
SafePassage
and to
exclude
up to 30
consecutive or non-consecutive days in computingtheirentitlement to AUO. This would only be
effective
through the end of calendar year 2001.Our objective is to ensure that employeescontinue to receive the same level of AUO theywould have otherwise received while on detail andcontinue
to
receive
it in the
future
at an
uridiminished level.
of 00

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