3 FAM 3150
SPECIAL PAY PROVISIONS FOR SPECIAL AGENTS
(CT:PER-1168; 12-06-2023)
(Office of origin: GTM/OTA)
3 FAM 3151 AUTHORITIES
(CT:PER-1168; 12-06-2023)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
(3) 5 U.S.C. 5542;
(4) 5 U.S.C. 5545a;
(5) 5 U.S.C. 7511 through 5 U.S.C. 7514;
(6) 5 U.S.C. 5541(3);
(7) 5 CFR 550.103;
(8) 5 CFR 550.181 through 550.187 (Law Enforcement Availability Pay); and
(9) Delegation of Authority No. 228 (delegating from the Undersecretary for Management to the Diplomatic Security (DS) Assistant Secretary authority to carry out Law Enforcement Availability Pay (LEAP)-related functions).
3 FAM 3152 DEFINITIONS
(CT:PER-1168; 12-06-2023)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
Criminal Investigator: For purposes of this section, "criminal investigator" has the meaning set forth in 5 U.S.C. 5545a and 5 CFR 550.103.
Law Enforcement Officer (LEO): For purposes of this section, "law enforcement officer " has the meaning set forth in 5 U.S.C. 5541(3) and 5 CFR 550.103 and includes Special Agents as defined in this subsection.
Official duty station: The duty station for the Special Agent's position of record as indicated on his or her most recent notification of personnel action.
Scheduled annual rate of pay:
(1) The Foreign Service rate of basic pay for the member’s class and step, exclusive of additional pay of any kind;
(2) The salary for the member’s salary class in the Senior Foreign Service or Senior Executive Service, exclusive of additional pay of any kind; and
(3) The General Schedule rate of basic pay the employee's grade and step, exclusive of additional pay of any kind.
Special Agent: Except for purposes of determining eligibility for Law Enforcement Availability Pay (LEAP) as provided in 3 FAM 3154, a member of the Foreign Service, the Senior Foreign Service, the Senior Executive Service, or a GS-1811 criminal investigator, who both:
(1) Holds valid credentials as a Special Agent in the Diplomatic Security Service issued by the Director, Diplomatic Security Service; and
(2) Occupies a position with the Foreign Service primary skill code of 2501 or the Civil Service occupation code 1811.
3 FAM 3153 BENEFIT OF SPECIAL RATES FOR SPECIAL AGENTS
3 FAM 3153.1 Coverage and Pay Setting
(CT:PER-1168; 12-06-2023)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Pay for covered General Schedule employees will be set in accordance with section 403 of the Federal Law Enforcement Pay Reform Act (FLEPRA) and chapters 530 and 531 of 5 CFR.
b. The official salary class and rate of basic pay assigned to LEOs upon appointment to the Foreign Service as a Special Agent career candidate is set in accordance with 3 FAM 3153.2(a), 3 FAM 3121.1-2, and Standard Operating Procedure 134C.
3 FAM 3153.2 Calculating Overtime Rates of Pay
(CT:PER-1168; 12-06-2023)
(State Only)
(Applies to Foreign Service and Civil Service Employees)
a. Law Enforcement Officers (LEOs), as defined in 5 U.S.C. 5541(3) and 5 CFR 550.103, are covered by Title 5 premium compensation provisions that are not applicable to other federal employees.
b. When calculating overtime rates for eligible LEOs, the applicable GS-10, step 1 LEO special rate is used in computing the Title 5 overtime hourly rate cap under 5 U.S.C. 5542 and 5 CFR 550.113 for all FLSA Exempt LEOs, regardless of grade level.
c. For a LEO with a rate of basic pay equal to or less than the applicable GS-10, step 1 LEO special rate, the hourly overtime rate is the employee’s hourly rate of basic pay multiplied by 1.5.
d. For a LEO with a rate of basic pay greater than the applicable GS-10, step 1 LEO special rate, the overtime hourly rate is the greater of (i) the applicable hourly GS-10, step 1 LEO special rate, multiplied by 1.5; or (ii) the employee’s hourly rate of basic pay.
3 FAM 3154 LAW ENFORCEMENT AVAILABILITY PAY (LEAP) FOR SPECIAL AGENTS
3 FAM 3154.1 Definition of Special Agent for LEAP Purposes
(CT:PER-1168; 12-06-2023)
(State Only)
(Applies to Foreign Services and Civil Service Employees)
For purposes of LEAP, “Special Agent” means an employee of the Department of State who:
(1) holds valid credentials as a Special Agent in the Diplomatic Security Service issued by the Director, Diplomatic Security Service;
(2) meets the definition of Criminal Investigator under this section (incorporating the definition under 5 CFR 550.103 subsections (1), (3), (4), (5), and (6)); and
(3) is not a member of the Senior Foreign Service or the Senior Executive Service.
3 FAM 3154.2 General
(CT:PER-1168; 12-06-2023)
(State Only)
(Applies to Foreign Services and Civil Service Employees)
a. LEAP is provided in accordance with 5 U.S.C. 5545a and the regulations in 5 CFR 550.181 through 5 CFR 550.187.
b. LEAP is a form of premium pay available to Special Agents who meet the substantial hours requirement (perform at least 2 or more hours of unscheduled duty per regular workday on average during the annual period) in accordance with 5 U.S.C. 5545a(d) and 5 U.S.C. 5545a(k). LEAP is 25 percent of the Special Agent's rate of basic pay.
c. LEAP is subject to the limitations on premium pay in 5 U.S.C. 5547, including biweekly and aggregate premium pay caps. A Special Agent receiving LEAP is not entitled to standby duty pay or administratively uncontrollable overtime pay.
3 FAM 3154.3 Involuntary Suspension of LEAP
(CT:PER-1168; 12-06-2023)
(State Only)
(Applies to Foreign Services and Civil Service Employees)
a. An involuntary suspension of LEAP resulting from a denial or cancellation of certification under 5 CFR 550.184(d) is considered a reduction in pay for the purposes of applying the adverse action provisions of 5 U.S.C. 7511 through 5 U.S.C. 7514 and 5 CFR 752.
b. Notwithstanding 5 U.S.C. 7511(a)(1), the following procedures must apply to Special Agents subject to involuntary suspension of LEAP resulting from a denial or cancellation of certification under 5 CFR 550.184(d):
(1) 5 CFR 752.404(b)(1);
(2) 5 CFR 752.404(c);
(3) 5 CFR 752.404(e);
(4) 5 CFR 752.404(f); and
(5) 5 CFR 752.404(g).
d. The following decertification procedures must apply to Special Agents:
(1) The DS LEAP advisory panel has responsibility for proposing involuntary suspension of LEAP and denial and cancellation of LEAP certification;
(2) The DS LEAP advisory panel must notify the Special Agent of its proposal to decertify. Such notice must state the specific reasons for the proposed action and the time period permitted for an answer, and must inform the Special Agent of:
(a) The right to review the material relied on to support the reasons for the proposal to decertify;
(b) The right to respond orally and/or in writing; and
(c) The right to be represented by an attorney or other representative.
(3) Within 15 calendar days from receipt of the DS LEAP advisory panel proposal to decertify, the Special Agent may request to respond orally and/or respond in writing to the DS Assistant Secretary or the DS Assistant Secretary’s designee.
(a) A Special Agent assigned domestically must submit their response via email or registered mail with return receipt.
(b) A Special Agent assigned abroad must submit their response via email or certified pouch.
(c) Upon written request by the employee or the supervisor, the DS Assistant Secretary or the DS Assistant Secretary’s designee may grant a reasonable extension of this deadline for good cause.
(4) A Special Agent is entitled to at least 30 days' notice from the receipt of the proposal to decertify, before the DS Assistant Secretary or the DS Assistant Secretary’s designee decide whether to decertify the Special Agent. The DS Assistant Secretary or the DS Assistant Secretary’s designee must send the Special Agent written notification of the decision, on or before the effective date of decertification and suspension of LEAP, including the right to appeal; and
(5) Appeal Rights:
(a) For Foreign Service Special Agents, the decision by the DS Assistant Secretary or the DS Assistant Secretary’s designee to involuntarily suspend LEAP may be appealed in accordance with the grievance procedures set forth in 3 FAM 4400; and
(b) For Civil Service Special Agents, the decision by the DS Assistant Secretary or the DS Assistant Secretary’s designee to involuntary suspend LEAP may be appealed in accordance with 5 CFR 752.405.
3 FAM 3154.4 Salary for Assignments to Agencies, International Organizations, and Other Bodies
(CT:PER-1168; 12-06-2023)
(State Only)
(Applies to Foreign Services and Civil Service Employees)
For Foreign Service Special Agents assigned to an agency, international organization, or other body under Section 503 of the Foreign Service Act and otherwise eligible to receive LEAP under 5 CFR 550.103(6), LEAP must be treated as part of salary for purposes of 5 CFR 550.186(b).
3 FAM 3155 THROUGH 3159 UNASSIGNED