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U.S. Department of Energy ORDER
Washington, D.C. DOE O 322.1B
Approved: 1-14-05

SUBJECT: PAY AND LEAVE ADMINISTRATION AND HOURS OF DUTY

1. OBJECTIVES. To establish requirements and responsibilities for the management of
pay, including overtime pay and compensatory time, leave administration, and hours of
duty. This directive should be read in conjunction with applicable laws and regulations,
and applicable provisions of local collective bargaining agreements.

2. CANCELLATION. DOE O 322.1A, Pay and Leave Administration and Hours of Duty,
dated 5-8-98. Cancellation of an Order does not, by itself, modify or otherwise affect any
contractual obligation to comply with the Order.

3. APPLICABILITY.

a. Primary Department of Energy (DOE) Organizations, Including National Nuclear
Security Administration (NNSA) Organizations. Except for the exclusions in
paragraph 3c, this Order applies to all Primary DOE Organizations listed in
Attachment 1. This Order automatically applies to Primary DOE Organizations
created after it is issued.

The Administrator of NNSA shall assure that NNSA employees and contractors
comply with their respective responsibilities under this Order.

b. Site/Facility Management Contractors. This Order does not apply to contractors,
experts, and consultants.

c. Exclusions.

(1) Except for the following, the provisions of this Order do not apply to
Presidential appointees, Senior Executive Service (SES) employees, senior
level (ST and SL) employees, and equivalent levels in the excepted service
(EJ, EK, and EN) appointments:

* 4b regarding leave and absence;

* 4c regarding hours of duty;

* 5a regarding critical pay positions;

* 5g(1) regarding recruitment and relocation bonuses, retention
allowances, repayment of student loans (only Schedule C
appointees), and physicians’ comparability allowances;

* 5g(4) regarding restoration of annual leave;

* 5g(5) regarding professional liability insurance;

* 5g(6) regarding payment of travel and transportation expenses as
part of the recruitment process;

* 5g(7) regarding service agreements associated with financial
incentives;

* 5g(8) regarding payment of expenses for professional credentials;
and

* 5g(9) regarding health benefits for reservists.

(2) The pay provisions do not apply to employees whose compensation is
negotiated in accordance with Section 9(b) of Public Law 92-392.

(3) The Bonneville Power Administration (BPA), pursuant to Delegation
Order 00-033.00A, may exempt itself from the requirements of this
Order. However, it will adhere to the requirements of laws and
regulations cited in paragraph 6, References, and be subject to DOE
oversight regarding compliance with those laws and regulations.

4. REQUIREMENTS.

a. Pay Administration. Personnel actions will be processed to give the employee the
maximum pay benefit.

(1) Highest Previous Rate. Its use is discretionary but must be based on one
or more of the following considerations.

(a) Degree of similarity between the duties and responsibilities of the
previous and current positions.

(b) Recency of experience upon which the rate is based.

(d) Need to ease recruitment and retention problems.

(e) With respect to a voluntary change to lower grade, likelihood of
future promotion and probable date of such promotion.

(2) Step Increases. If a quality step increase (QSI) is granted effective the
same date as a within-grade step increase, the within-grade step increase
must be processed first.

(3) Overtime.

(a) Overtime will be ordered and approved [or permitted for Fair
Labor Standards Act (FLSA) nonexempt employees] only when
essential work cannot be accomplished during an employee’s
normal work hours by careful planning of work and scheduling of
leave and other absences.

(b) Overtime for exempt employees must be authorized and approved
in advance in writing.

(4) Compensatory Time. (This is one form of compensation for overtime.)

(a) When requested and permitted under applicable laws and
regulations, compensatory time off will be approved for exempt
and nonexempt employees in lieu of payment for irregular or
occasional overtime worked to the maximum extent possible.

(b) Compensatory time shall be taken before annual leave is
scheduled, unless “use or lose” annual leave is available.

(c) Accrued time is to be used within 26 pay periods from the date
earned to avoid payment of overtime at the end of the 26th pay
period at the rate at the time that it was earned.
(d) When employees do not work sufficient compensatory time to
make up for the time away from work for religious observances in
accordance with Title 5 Code of Federal Regulations (CFR)
Section 550.1001(c), the time remaining must be charged to annual
leave or leave without pay (LWOP) at the end of the 26th pay
period following the absence.

b. Leave Administration.

(1) Absence Without Leave (AWOL). Unapproved employee absences must
be recorded as AWOLs. When employees fail to request and obtain
approval for appropriate leave on a timely basis, certifying officials must
record the absences as AWOLs. A recorded AWOL may be changed at a
later date if the certifying official approves the absence as a type of paid
leave or LWOP.

(2) Annual Leave. Annual leave shall not be—

(a) advanced from a future leave year; however, annual leave that is
projected to be earned during the current leave year will be made
available even though it creates a negative leave balance during the
leave year;

(b) substituted retroactively for sick leave; or

(c) approved immediately prior to separation (also called terminal
leave), except when exigencies of the service require such action.

(3) Court Leave.

(a) DOE will support the judicial process to the maximum extent
possible by making its employees available for—

1 jury service or

2 as witnesses when one party in the proceeding is either the
United States, the District of Columbia, or a State or local
government.

(b) Employees who are excused by a court so that 2 or more work
hours are available in the work day must return to duty or request
annual leave, unless returning to duty creates a hardship.

(4) Excused Absence (Administrative Leave).

(a) Excused absence, which is also referred to as administrative leave,
is intended to be used for brief periods of time without charge to
leave or loss of pay. At management’s discretion, an employee
may be excused for extended periods when the absence is in the
best interest of DOE or the Federal Government or when it would
be inequitable to charge leave.

(b) When the Department is paying to relocate an employee, including
a temporary or permanent change of station move or detail outside
the local commuting area, or to move a new hire to an initial duty
station, current and newly hired employees may be excused up to
3 work days when they are unavoidably detained while awaiting or
arranging the transportation of household goods or for other
activities necessary for the move, including getting settled in a new
location. This situation is also referred to as “transient leave.”

(d) An employee may be excused for career transition services,
including travel time (see Chapter VI of DOE O 320.1, Acquiring
and Positioning Human Resources, dated 9-6-02).

(e) An employee may take up to 4 hours of excused absence each
leave year for health screenings.

(f) An employee returning from active duty with the reserves or
National Guard in the Global War on Terrorism may take 5 days
(40 hours) of excused absence before reporting for duty.

(5) Family and Medical Leave. Coverage of a family member under
5 CFR Part 630, Subpart L, Family and Medical Leave, is expanded to be
consistent with the definition of a family member in 5 CFR 630.201,
which is used for other leave sharing programs.

(6) Leave Without Pay.

(a) LWOP must be documented via an Office of Personnel
Management (OPM) Standard Form (SF) 50, “Notification of
Personnel Action,” when the LWOP period exceeds 30 calendar
days, unless the LWOP is to perform military duty, in which case
an SF 50 is needed to document the entire period covered for
military duty.

(b) As a minimum, LWOP will be granted when—

1 a disabled veteran needs medical treatment;

2 a member of the military reserves or National Guard has
been ordered to active or inactive duty for training;

3 an injured employee elects to use LWOP under the Federal
Employees Compensation Act;

4 a disability retirement application is pending approval and
the employee/applicant has no accumulated leave;

5 an employee needing to retain cooperative education status
returns to school between periods of employment with
DOE;

6 an employee represents a recognized labor organization;
however, such LWOP must not exceed 104 weeks in any
5-year period; or

7 an employee has been approved for up to 12 weeks of
LWOP under the Family and Medical Leave Act.

(c) LWOP may be granted when the value to DOE or the needs of the
employee are sufficient to offset the costs and administrative
inconvenience that may result and when one of the following
benefits is expected:

1 protection or improvement of the employee’s health;
2 increase in the employee’s knowledge, skills, and/or
abilities that will benefit DOE;

3 retention of an employee with a critical skill or in a
shortage Category occupation; or

4 furtherance of a program of interest to the Federal
Government.

(d) Periods of paid leave and LWOP shall not be alternated to obtain
the benefit of pay for a holiday unless the employee is in a pay
status for the workday immediately before or after the holiday.

(7) Leave Transfer Program. Limits on the amount of leave that an employee
may donate in accordance with 5 CFR 630.908 may be waived if, at the
time the donation is received by the payroll office, the recipient has an
insufficient amount of leave available from other sources to cover the
absence of at least one pay period and acceptance of the donation is
necessary to avoid a period of LWOP. Each waiver of a limit of donated
leave must be documented by the payroll office.

(8) Sick Leave. A medical certificate is required to approve (advance) sick
leave in excess of 3 work days when sufficient sick leave is not available
to cover the leave period.

c. Hours of Duty.

(1) The DOE administrative workweek will begin at 12:01 a.m. Sunday and
end at 12:00 midnight the following Saturday.

(2) The tour of duty for part-time employees may not be changed solely to
grant or deny a holiday unless the change is needed to accommodate or
balance holidays for employees in job-sharing situations.

(3) Tours of duty for employees assigned to full-time training will be
considered to be 40 hours per week, unless other specific hours are more
beneficial to the Department.

(4) The temporary closing of a DOE office in a location where there is a
functioning Federal Executive Board will be in accordance with
procedures developed jointly by the board’s participating agencies. In
other locations, such closing shall be coordinated with local authorities
and nearby Federal agencies or Federal Executive Associations.

(5) Travel to and from an employee’s designated alternative workplace (e.g.,
the employee’s home or a satellite office) to conduct DOE business during
an authorized work schedule is included in an employee’s hours of duty
for that day.

5. RESPONSIBILITIES.

a. Office of the Secretary. Requests approval from OPM and Office of Management
and Budget (OMB) for designation of critical pay positions.

b. Administrator, National Nuclear Security Administration/Director, Office of
Management, Budget and Evaluation.

(1) Establishes the basic workweek for NNSA/non-NNSA Headquarters
employees, respectively.

(2) Authorizes the use of alternative work schedules for Headquarters
employees.

(3) Determines administrative dismissals of Headquarters employees.

c. Administrator, National Nuclear Security Administration/Director, Office of
Human Resources Management.

(1) Develops NNSA/Departmental policy and requirements, respectively, for
pay administration, leave administration, and hours of duty.

(2) Except for continuous shift operations, establishes tours of duty (other
than alternative work schedules) which deviate from 5 CFR 610.121 and
610.122.

(3) Approves premium pay authorized on an annual basis, such as
Administratively Uncontrollable Overtime (AUO) pay, unless delegated to
a specific Head of a Departmental element.

d. Chief, Human Capital Officer/Director, Office of Human Resources Management.

(1) Certifies special rate authorizations to OPM.

(2) Approves waivers of dual compensation reductions when delegated by
OPM for specific occupations; otherwise, recommends approval of such
waivers by OPM.

(3) Recommends approval by OPM of waivers of repayment of voluntary
separation incentive payments.

(4) Prepares the Department’s student loan repayment program and
physicians’ comparability allowance “plans” (see Chapters I and II,
respectively) and reports on the use of them to OPM and OMB,
respectively.

(5) Periodically evaluates the programs covered by this Order.

(6) Maintains the Department’s Corporate Human Resources Information
System, the official system of personnel and training records for the
Department, which provides the accurate information required for the
compensation of employees and through which employees can obtain their
leave and earnings statements and make changes to payroll deductions.

e. Chief Financial Officer.

(1) Coordinates all pay issues with the Department’s designated payroll
service provider.

(2) Maintains records that identify the officials authorized to approve pay and
leave.

(3) Provides pay and leave information to supervisors and the public.

f. Payroll Service Provider.

(1) Pays employees based on documented authorizations.

(2) Maintains records that support each payment and leave usage.

(3) Provides pay and leave information electronically to employees.

g. Heads of Departmental Elements.

(1) With the concurrence of the applicable servicing human resources staffs,
approve—

* basic rates (steps) of pay, including rates above the minimum rate,
which are referred to as superior qualifications appointments or
“advanced in-hires,” and advances in pay;

* overtime, including compensatory time;

* premium pay, other than on an annual basis;

* recruitment and relocation bonuses;

* retention allowances;

* repayment of student loans;

* physicians’ comparability allowances;

* optional grade and pay retention; and

* QSIs.

(2) Establish procedures to ensure overtime, including compensatory time,
and other premium pay are controlled in a cost-effective manner,
including designating officials who are authorized to approve overtime.

(3) Approve the use of all types of leave, including LWOP.

(4) Determine that an exigency of public business exists for restoration of
annual leave purposes and approve restored leave.

(5) Approve payment for professional liability insurance for qualified
employees.

(6) Approve payment of travel and transportation expenses for new
appointees and interviews of prospective employees.

(7) Approve service agreements involving financial incentives in conjunction
with the servicing human resources, finance, and, if applicable, travel and
transportation staffs.

(8) Approve payment of expenses for professional credentials for employees
other than those on a Schedule C, noncareer SES, or Presidential
appointment.

(9) Approve requests from eligible employees who are reservists to pay, up to
18 months, both the employee and Government health benefit
contributions (and any additional administrative expenses related to health
care coverage) when such employees are not in a paid leave status.

h. Heads of Departmental Elements With Delegated Personnel Authority.

(1) Establish the basic workweek and authorize the use of alternative work
schedules.

(2) Determine administrative dismissals of employees.

(3) Determine the minimal charge for time (in 15-minute increments up to a
maximum of 1 hour).

(4) Establish, implement, and/or maintain local plans for recruitment and
retention incentives in accordance with the applicable sections of 5 CFR.

6. REFERENCES.

a. Title 5, United States Code, Chapters 53 (Pay Rates and Systems); 55 (Pay
Administration); 61 (Hours of Work); and 63 (Leave).

b. Title 5 CFR Parts 530 (Pay Rates and Systems); 531 (Pay Under the General
Schedule); 532 (Prevailing Rate Systems); 534 (Pay Under Other Systems);
536 (Grade and Pay Retention); 537 (Repayment of Student Loans); 550 [Pay
Administration (General)]; 551 (Pay Administration Under the Fair Labor
Standards Act); 553 (Reemployment of Military and Civilian Retirees to Meet
Exceptional Needs); 572 (Travel and Transportation Expenses; New Appointees
and Interviews); 575 (Recruitment and Relocation Bonuses; Retention
Allowances; Supervisory Differentials); 576 (Waiver of Repayment of Voluntary
Separation Incentive payments); 591 (Allowances and Differentials);
595 (Physicians’ Comparability Allowances); 610 (Hours of Duty); and 630
(Absence and Leave).

c. DOE O 320.1, Acquiring and Positioning Human Resources.

7. CONTACT. Questions concerning this Order should be addressed to the Office of
Human Capital Management Strategic Planning and Vision at 202-586-8503.

BY ORDER OF THE SECRETARY OF ENERGY:

KYLE E. McSLARROW
Deputy Secretary

CONTENTS

CHAPTER I. STUDENT LOAN REPAYMENT PLAN I-1
1. Introduction I-1
2. Requirements I-1
a. Eligibility I-1
(1) Types of Loans I-1
(2) Employees I-1
b. Criteria for Selecting Candidates for Repayment Benefits I-1
c. Repayment Amounts I-2
d. Size of Payments I-2
e. Service Agreements I-2
f. Justification I-4
g. Procedures for Handling Indebtedness I-4
h. Reports I-4
i. Records System and Storage I-4
3. RESPONSIBILITIES I-4
a. Director, Office of Human Resources Management and
Administrator, National Nuclear Security Administration I-4
b. Heads of Departmental Elements I-4
c. Recipient Employees I-4
APPENDIX A. STUDENT LOAN REPAYMENT PROGRAM
SERVICE AGREEMENT IA-1
CHAPTER II. PHYSICIANS’ COMPARABILITY ALLOWANCE PLAN II-1
1. CATEGORIES OF POSITIONS II-1
a. Category I—Clinical II-1
b. Category II—Research II-1
c. Category III—Occupational Medicine II-1
(1) General II-1
(2) Risk Assessment and Communication II-1
(3) Medical Surveillance II-1
d. Category IV—Administration of Health and Medical Programs II-2
2. ELIGIBILITY II-2
a. Category/Subcategory II-2
b. Board Certification II-2
3. AMOUNT OF ALLOWANCE (PCA) II-2
4. FUNDING II-2
5. DOCUMENTATION II-3
a. Justification II-3
b. Service Agreement II-3
c. Personnel Action II-3
APPENDIX A. PHYSICIANS’ COMPARABILITY ALLOWANCE
SERVICE AGREEMENT IIA-1
ATTACHMENT 1. DOE ORGANIZATIONS TO WHICH DOE O 322.1B
IS APPLICABLE

CHAPTER I. STUDENT LOAN REPAYMENT PLAN

1. INTRODUCTION. The following requirements, procedures, and responsibilities
implement the final regulations of the Office of Personnel Management (OPM),
5 CFR Part 537, as authorized by 5 U.S.C. Section 5379, et seq, as amended by Public
Law (P.L.) 106-398. OPM’s regulations authorize an Agency to establish a program
under which the Agency may agree to repay all or part of outstanding federally insured
student loans to recruit or retain highly qualified employees.

2. REQUIREMENTS.

a. Eligibility.

(1) Types of Loans. Repayment is authorized for student loans made, insured,
or guaranteed under Parts B, D, or E of Title IV of the Higher Education
Act of 1965 or a health education assistance loan made or insured under
Part A of Title VII or Part E of Title VIII of the Public Health Service.
Such loans include subsidized, unsubsidized, Direct subsidized, and Direct
unsubsidized Federal Stafford Loans; Federal and Direct Federal Plus
Loans; Direct subsidized, Direct unsubsidized, and Federal Consolidation
Loans; Defense Loans; National Direct Student Loans; Perkins Loans;
Nursing Student Loan Program loans; Health Profession Student Loan
Program loans; and Health Education Assistance Loan Program loans.
These are federally insured loans made by educational institutions or
banks and other private lenders.

(2) Employees. Employees eligible to benefit from this incentive are those
covered under General Schedule (GS) and other-than-GS pay rates (e.g.,
those in pay bands), except those excepted service employees appointed
under the Schedule C authority, in all positions and who are appointed on
a permanent appointment, on an appointment that will lead to conversion
to a term or permanent appointment (including Career Interns and
Presidential Interns) with a duration of at least 3 years, or on a term
appointment with a duration of at least 3 years.

b. Criteria for Selecting Candidates for Repayment Benefits. When selecting
candidates for loan repayment benefits, an approving official must adhere to merit
system principles and take into consideration the need to maintain a balanced
workforce in which women and members of racial and ethnic minority groups are
appropriately represented in Government service. In addition, each approving
official should consider the following factors:

(1) past problems or other information regarding recruiting highly qualified
candidates in similar occupations;

(2) labor market conditions that may be affecting current recruitment efforts;

(3) any special qualifications, skills, or education needed for the subject
position;

(4) if a candidate is employed (in DOE or elsewhere), demonstrated
proficiency in performing the tasks and functions required by the subject
position;

(5) the appropriateness of this incentive in lieu of or in addition to other
incentives (e.g., recruitment bonuses or retention allowances);

(6) the candidate’s grade point average, if attending school;

(7) the availability of funds; and

(8) for current employees, the cost to the Department of training already given
the candidate compared to what would be needed by a new employee if
he/she did not possess the skills needed.

c. Repayment Amounts. The maximum amount that may be paid is $10,000 per
employee per calendar year, and a total of $60,000 per employee.

d. Size of Payments.

(1) 5 CFR 537.106(c) states that: “In determining the size of the loan
payments, an Agency should take into consideration the employee’s value
to the Agency, and how far in advance the Agency can commit funds. If
budgetary considerations are an issue, Agencies have the discretion to
determine the repayment benefit amount given to an employee each year.”
The regulations thus allow for differences in the size of the loan payments
among eligible employees based on a consideration of their relative value
to the Departmental element and how far in advance the Departmental
element can commit funds.

(2) If a Departmental element decides to award a greater student loan
repayment benefit to one employee than another, the authorizing official
of the Departmental element must include in his/her written determination,
required by 5 CFR 537.105(a), all facts demonstrating that such difference
in treatment is fair and equitable in light of the standards of
5 CFR 537.106(c).

e. Service Agreements. Student Loan Repayment Program recipients must sign
written service agreements that require them to complete, at a minimum, a 3-year
period of employment with the Departmental element regardless of the amount of
loan repayment authorized. Appendix A to this chapter, hereby incorporated in
this plan, is the required service agreement, which includes all OPM and DOE
substantive provisions. Departmental elements may extend or renew payments to
lending institutions after the 3-year period has ended without requiring new
service agreements.

Preparation and implementation of service agreements require the following
procedures.

(1) The period of service will begin on the first day of the pay period for
which the initial loan payment is to be disbursed. Disbursements will
normally be made 12 days after the end of a pay period.
(2) The Departmental element will verify with each lender/note holder that the
employee has one or more outstanding student loans (hereinafter “loans”)
eligible for repayment under this plan and the amount of the outstanding
balances; the element and lender/note holder must then reach agreement
on the terms of the DOE payments. Departmental elements will verify
remaining balances to ensure that loans are not in arrears or default or
overpaid. At least annually thereafter, Departmental elements will
determine the status of loans to make sure that they are not in arrears or
default. Departmental elements will also annually review and recertify
that funds are available for loan payments.

(3) Loan payments are made directly to the lender/note holder, rather than to
the employee, by the servicing payroll office as an allotment. If multiple
loans are being repaid on behalf of a single employee, the payroll office
will be informed of the amount to be paid for each loan.

(4) The lender/note holder will be informed that payment is on behalf of the
employee with appropriate identifying information, such as name, social
security number, loan number, etc.

(5) Subject to the lender’s/note holder’s approval, loan payments will be made
as a lump sum amount during the first pay period that the service
agreement is effective and annually thereafter, in which case the taxes will
be deducted from the gross loan amount and a net payment made.

(6) Recipients of loan repayments must maintain satisfactory performance
(i.e., a performance rating of “fully successful” or the equivalent) in
accordance with the Departmental element’s performance management
plan.

(7) Service agreements between individual recipients and approving officials
in one Departmental element are not binding on another Departmental
element. Right to placement as a surplus and/or displaced employee under
the Career Transition and Assistance Program does not grant an affected
employee loan repayment by the gaining Departmental element.

However, if an employee is reassigned to another Departmental element as
a management directed action, the gaining element will assume full
responsibility for the service agreement.

f. Justification. Use of loan repayment authority under this plan must be based on a
detailed written determination by an approving official in accordance with
5 CFR 537.105. The regulation requires confirmation that if the element did not
offer loan repayment benefits, it would encounter difficulty either in filling a
specific position with a highly qualified candidate or retaining a highly qualified
employee in that position. This authority should be used on a case-by-case basis.

g. Procedures for Handling Indebtedness. Indebtedness created under this program
will be processed like any other employee indebtedness. Waivers of indebtedness
under this program will be reviewed consistent with delegations to approve
waivers of financial obligations by local and Departmental finance offices.

h. Reports. Because DOE must provide information on its use of this incentive for
OPM’s annual report to Congress, Departmental elements will provide
information requested for DOE’s report.

i. Records System and Storage. The associated financial records are included in
DOE’s Privacy Act records system (DOE-13, Payroll and Leave Records);
original service agreements will be stored on the left side of the employee’s
Official Personnel Folder and included in the OPM/GOVT-1, General Personnel
Records system.

3. RESPONSIBILITIES.

a. Director, Office of Human Resources Management, and Administrator, National
Nuclear Security Administration. Develop the DOE plan and ensure that
Departmental elements use this authority appropriately.

b. Heads of Departmental Elements. These managers are delegated the authority to
approve repayment of student loans. This authority may be redelegated to
subordinate officials consistent with existing authority to approve recruitment and
relocation bonuses and retention allowances.

c. Recipient Employees. The recipient employees will be responsible for—

(1) making loan payments on the portion of the loans that continues to be their
responsibility, as loan repayments by DOE do not exempt employees from
their responsibilities and/or liabilities for any loans taken out, and

(2) any tax obligations resulting from loan repayment benefits.

APPENDIX A. STUDENT LOAN REPAYMENT PROGRAM SERVICE AGREEMENT

1. Introduction

This Student Loan Repayment Program service agreement is an employment agreement
between the Department of Energy (DOE) and (employee’s name) (hereinafter
referred to as “you” or “your”) for the purpose of specifying conditions under which you
agree to work as a Federal employee at DOE’s ( Departmental element) in return for (Departmental element’s) repaying part or all of your outstanding student loan(s) through loan payments to the lender(s). This agreement will continue in effect until the terms and conditions have been satisfied or funding is no longer available.

2. Period of Service

You are required to serve (number of years; minimum of 3 years) , beginning
(date , i.e., either the first day of the applicable pay period for which the initial loan payment is to be disbursed by the servicing payroll provider following signing of the service agreement; the date that the employee enters on duty (EOD); the date the
employee returns to duty from school; or at any time after EOD) and ending (date) .

3. Loan Payments

a. The amount of the applicable outstanding student loan balance(s) as of
(date) is $ (amount) . The amount of student loan payments that
DOE will make on your behalf under this service agreement is $ (maximum
$10,000) per calendar year, and a total amount of $ (maximum $60,000)
over (no.) years subject to annual reviews and recertification by the
(Departmental element) to ensure that funds are available and to
determine the status of the subject student loan(s).

b. Payments by DOE under this service agreement do not exempt you from your
responsibility and/or liability for any loan(s) for which you are obligated, as DOE
is not obligated to the lender/note holder for its commitment to you. You are still
responsible for the entire loan balance(s), including any amount not paid by DOE,
and any late fees associated with the timing of the DOE loan payments. Further,
you will also be responsible for any tax obligations resulting from the loan
payment benefits made pursuant to this agreement.

c. Loan payments by DOE hereunder will be made through the payroll disbursement
process directly to the lender/note holder. Payments will be made approximately
25 days after the period of service under this agreement begins (12 days after the
end of the pay period). The loan payments made on your behalf are treated as
wages that are subject to income, social security, and Medicare taxes being
withheld. The amount of the loan payments to each lender may be reduced by
mandatory and voluntary deductions, including tax levies and garnishments.
DOE’s payments will be made as a lump sum payment of $ (amount) ,
paid annually for ____ years; taxes related to each payment will be
deducted from that amount and a net payment made.

4. Conditions

a. During the term of this agreement, you agree that the (Departmental
element) is authorized to verify the status of each loan,
including any obligation that you have; and to discuss the terms and amount of the
outstanding obligation(s) with each lender/note holder. You agree to provide
DOE with the information about each loan, such as the lender/note holder’s name,
address, phone number, bank routing number, etc., your identifying information,
including social security number, and your payment obligation, i.e., the amount
due and the time period that the loan is to be paid. You hereby represent that the
payment benefits which are the subject of this service agreement will apply only
to your student loan indebtedness outstanding as of the date that this service
agreement is executed by you and (Departmental element) .

b. If DOE’s payments hereunder cover only a part of your repayment obligation(s)
under the subject student loan(s), and if you are in arrears or default on your own
loan repayment obligation(s), then DOE will determine the appropriate course of
action at that time. DOE will consider such remedies as paying the amount in
arrears or default and extending the period of service if appropriate, renegotiating
the terms of the loan repayment schedule, and terminating future DOE payments.
If payments are terminated under this paragraph, the minimum period of
service—3 years—must be completed or you will be obligated to reimburse DOE,
under DOE’s debt collection procedures, for the full amount of the loan payments
that DOE has paid on your behalf pursuant to this agreement; if 3 years of service
under this service agreement have already been completed, then any remaining
service obligation under this paragraph will be terminated.

c. DOE reserves the right to terminate this agreement early in the event that funding
is no longer available after the first fiscal year. If payments are terminated under
this paragraph, the minimum period of service, 3 years, must nevertheless be
completed or you will be obligated to reimburse DOE, under DOE’s debt
collection procedures, the full amount of the loan payments that DOE has paid on
your behalf pursuant to this agreement; if 3 years of service have already been
completed under this service agreement, then any remaining service obligation
will be terminated at the end of the fiscal year in which the funding will expire.
You will be notified at least 90 days prior to termination to allow you time to
make other arrangements.

d. You are required to maintain at least a fully successful or equivalent performance
rating and applicable security clearance (access authorization) for the duration of
this service agreement. If your performance rating falls below that level, if your
security clearance is revoked, or if you are separated involuntarily on account of
misconduct, then the loan payments will be terminated immediately and you will
be obligated to reimburse DOE, under DOE’s debt collection procedures, the full
amount of the loan payments that DOE has paid on your behalf pursuant to this
agreement.

e. If you fail to complete the period of service hereunder because you voluntarily
separate from DOE for any reason, the loan payments will be terminated
immediately; and, further, you will be obligated to reimburse DOE, under DOE’s
debt collection procedures, the full amount of the loan payments that DOE has
paid on your behalf pursuant to this agreement. However, if you separate from
DOE in order to accept employment in another Agency and that Agency agrees to
reimburse DOE for the loan payments it made on your behalf, or if you are
separated involuntarily for reasons other than those set out in the immediately
preceding paragraph, you will no longer be considered indebted to DOE. If you
complete the period of service hereunder and then voluntarily separate from DOE,
you will be ineligible for continued loan payments and DOE will immediately
terminate any remaining loan payments, but you will have no reimbursement
obligation to DOE.

f. If you apply and are selected for a position in a DOE element other than the
Departmental element that entered into this agreement, DOE’s policy is that the
gaining Departmental element is not required to assume the loan repayment
obligation hereunder, but you must complete any remaining period of service to
satisfy the minimum 3-year period required by law to avoid being obligated to
reimburse DOE, under DOE’s debt collection procedures, the full amount of the
loan payments that DOE has paid on your behalf pursuant to this agreement.
Accordingly, your right to placement as a surplus, displaced, or “at risk”
employee under the Career Transition and Assistance Program does not grant you
loan repayment by the gaining Departmental element. However, if you are
reassigned to another Departmental element as a management directed action or
as a result of a transfer of function, the gaining Departmental element will assume
full responsibility for this agreement.

g. If this service agreement pertains to a student loan for courses that you are taking
while employed at DOE, then you must maintain a grade point average (GPA) of
at least (no.) each term at all times during this service agreement. In the
event that the GPA drops below (no.) , DOE will determine whether future
payments should be terminated. If payments are terminated under this paragraph,
the minimum period of service, 3 years, must be completed or you will be
obligated to reimburse DOE, under DOE’s debt collection procedures, the full
amount of the loan payments that DOE has paid on your behalf pursuant to this
agreement; if 3 years of service under this service agreement have already been
completed, then any remaining service obligation will be terminated. So long as
this service agreement is in effect, following each term of the school you are
attending you are to provide your Departmental element with a copy of your
course grades from that school so that DOE can verify your continued eligibility
for loan payment benefits under this paragraph.

h. If you are determined to be indebted to DOE, you have the right to file a request
for a waiver of any indebtedness that you may have to DOE under this service
agreement based on a demonstration by you that DOE’s recovery of such
indebtedness, in whole or in part, would be against equity and good conscience or
against the public interest. The filing of such a waiver request shall not stay the
operation of DOE’s debt collection procedures. The request must be filed with
the Chief Financial Officer of your current or former Departmental element that
was making the loan payments.

i. This agreement in no way constitutes a right, promise, or entitlement for
continued employment and/or noncompetitive conversion to the competitive
service, if applicable.

j. In the event that applicable laws or regulations change that would result in a
change(s) in the terms and conditions of this agreement, the parties hereto
mutually agree that this agreement will be subject to them. If such a change
reduces the minimum-length-of-service requirement, and if existing agreements
are potentially affected, DOE agrees to renegotiate the period of service
Section of this agreement if it deems it appropriate to do so. Any changes other
than those required by applicable laws or regulations must be mutually agreed to
in writing by the parties hereto.

5. Certifications

I hereby certify that I have read and understand the terms and conditions of this
agreement and have attached the necessary information on each loan for which DOE will
make payments.
_______________________________ __________________
Selected Applicant/Employee Date

Pursuant to OPM regulations, 5 CFR 537.105, I hereby certify that:

* In the absence of the loan repayment benefits contemplated in this agreement,
(Departmental element) would encounter difficulty in filling the position
of (name of position) with a highly-qualified candidate (or retaining a
highly-qualified employee in the position of (name of position) ), and I
have stated my detailed reasons for this conclusion in my written
determination that is part of the official file pertaining to this matter.

* When selecting the above-named employee to receive loan repayment
benefits, I have adhered to merit system principles and have taken into
consideration the need to maintain a balanced workforce in which women and
members of racial and ethnic minority groups are appropriately represented in
Government service.

* To my knowledge, approval of this agreement does not create any inequitable
treatment of candidates and employees and has been exercised consistent with
the diversity goals and needs of this Departmental element.
The source of funding for this agreement is (accounting information: fund-type ,
B&R, if other than employee’s salary accounting information) .

_______________________________ __________________
Authorizing Management Official Date
_______________________________ __________________
Human Resources Official Date

Attachment(s): Information on each loan and lender/note holder
Distribution:
Original—Official Personnel Folder (OPF)

Copies—Employee, payroll office, supervisor, finance staff, etc.

Privacy Act Statement

Part 537 of Title 5 of the Code of Federal Regulations requires the use of a service agreement to
support employer repayments of student loans. Providing information and signing this
agreement is voluntary, but failure to provide the requested information on your loan(s) and, if
applicable, course grades in order to determine your grade point average, or to sign this
agreement will preclude the authorization of such payments on your behalf. It will not, however,
affect your being appointed to a position offered by the Department of Energy. The use of the
information involved with this agreement is by applicable management officials and supporting
administrative staffs, payroll and accounting staffs, human resource staffs, and equal
employment opportunity staffs to verify the status of your loan(s), make the payments to the
appropriate note holder(s), and ensure equitable treatment. There are no additional uses that may
be made of the information collected.

The official copy of this agreement is maintained in your Official Personnel Folder, which is a
Category of record included in the OPM/GOVT-1 General Personnel Records system. One copy
of the information that you provide, along with a copy of this agreement will be maintained in
your payroll file, which is a Category of record included in DOE-13, Payroll and Leave Records.
Other copies may be maintained in your Departmental element, such as by your supervisor and
finance office, which is appropriate under the OPM/GOVT-1 records system.

CHAPTER II. PHYSICIANS’ COMPARABILITY ALLOWANCE PLAN

The following applies only to those DOE elements with Federal employees who are medical
officers.

1. CATEGORIES OF POSITIONS. The following categories are established in accordance
with 5 CFR 595.103 and serve as a basis for determining which position(s) will be
granted the physicians’ comparability allowance (PCA).

a. Category I—Clinical. Positions primarily involving the practice of medicine or
direct service to patients, including the performance of diagnostic, preventive, or
therapeutic services in occupational medical clinics.

b. Category II—Research. Positions primarily involving the conduct of medical
research and experimental work, including the conduct of medical work
pertaining to food, drugs, cosmetics, and devices (or the review or evaluation of
such medical research and experimental work), or the identification of causes or
sources of disease or disease outbreaks.

c. Category III—Occupational Medicine. Positions primarily involving the
evaluation of physical fitness; the initial treatment of on-the-job illness or injury; and/or the performance of preemployment examinations, preventive health
screenings, and/or fitness for duty examinations. Established subcategories are as
follows.

(1) General. Positions that—

(a) are located in occupational medical clinics and primarily involve
fitness for duty examinations, preemployment examinations, and
preventive health activities;

(b) involve a combination of Category III, Subcategories (2) and (3),
of this Section in which no one subCategory is predominant;
and/or

(2) Risk Assessment and Communication. Positions that primarily involve
assessments of the risks of exposure to hazards and/or inform employees
about the hazards and prevention techniques needed.

(3) Medical Surveillance. Positions that primarily involve the use of
epidemiological principles or procedures to track employees who have
been exposed to hazardous conditions to determine the impact that such
exposure has had on their health.

d. Category IV—Administration of Health and Medical Programs. Positions that
primarily involve the administration of medical programs and development of
new medical programs where medical knowledge and expertise are a prerequisite
to the management of the program. These positions may manage an operational
medical program or staff function.

2. ELIGIBILITY.

a. Category/Subcategory. Category III, SubCategory 3, Medical Surveillance, is the
only Category for which the PCA is authorized.

b. Board Certification. Medical officers must be certified in occupational medicine
by the American College of Preventive Medicine (i.e., board certified) to be
eligible for the PCA. Board certification does not entitle the physician to any
additional monetary incentive.

3. AMOUNT OF ALLOWANCE (PCA).

a. Consistent with the use of recruitment bonuses and retention allowances for other
positions, the amount of the PCA must be the minimum amount needed to hire or
retain a highly qualified medical officer, but will not exceed—

(1) up to $14,000 per year for a physician with 24 months or less Federal
service,

(2) up to $24,000 per year for a physician with 36 months or more Federal
service, and

(3) up to $30,000 per year for a physician with more than 60 months Federal
service.

b. In determining the amount of the PCA, the following factors will be considered
for physicians in the occupational medicine profession:

(1) comparable compensation, including earnings and benefits;

(2) responsibilities;

(3) expenses;

(4) workload; and

(5) conditions of employment.

4. FUNDING. Payment of the PCA is subject to the availability of funds.

5. DOCUMENTATION.
a. Justification. A narrative justification will be prepared which explains the basis
for the amount of the PCA. A copy of the justification must accompany any
applicable personnel action and be filed in the employee’s Official Personnel
Folder (OPF).

b. Service Agreement. A service agreement (Appendix A to this chapter) must be
prepared and signed before the PCA may be paid. An active service agreement
with a service obligation must always be in effect.

c. Personnel Action. The applicable Notification of Personnel Action, SF-50, must
contain the amount of the PCA in the block(s) for “Other Pay.”

APPENDIX A. PHYSICIANS’ COMPARABILITY ALLOWANCE SERVICE AGREEMENT

1. Introduction

This service agreement is an employment agreement between the Department of Energy
(DOE) and (employee’s name) (hereinafter referred to as “you” or “your”)
for the purpose of specifying the conditions under which you agree to work as a medical
officer in the specialty field of (Occupational Health (Medical Surveillance)
at DOE’s (Departmental element) as a Federal employee in return for
DOE’s paying an annual allowance (hereinafter referred to as “PCA”).

2. Period of Service

You are required to serve (number of years; minimum 1 year) , beginning
(date; i.e., the first day of the applicable pay period for which PCA will be paid
following signing of the service agreement; the date that the employee enters on duty
(EOD); or the date that the employee returns to duty) and ending (date) .

3. Amount of PCA

The amount that will be paid to you is $ (maximum amounts: $14,000 for 24 months
or less Federal service; $24,000 with 36 months or more Federal service; $30,000 for
more than 60 months Federal service) per year, payable in biweekly amounts, based
on your having (number) months of Federal service employment to date.

4. Conditions

a. DOE reserves the right to terminate this agreement early in the event that funding
is no longer available after the first fiscal year or if the Office of Management and Budget (OMB) does not authorize DOE to utilize the PCA incentive. If payments
are terminated under this paragraph, then any remaining service obligation will be
terminated at the end of the fiscal year in which the funding will expire. You will
be notified at least 90 days prior to termination.

b. You are required to maintain at least a fully successful or equivalent performance
rating and applicable security clearance (access authorization) for the duration of
this service agreement. If your performance rating falls below that level, or if
your security clearance is revoked, or if you are separated involuntarily on
account of misconduct, then the allowance will be terminated immediately and
you will be obligated to reimburse DOE, under DOE’s debt collection procedures,
as follows:

(1) if your service obligation is for one year and you do not complete that
obligation, then the full amount of PCA paid to you during that period of
time must be refunded.

(2) if you complete more than one year of service, but do not complete the full
period of service stipulated in this agreement, then the amount paid to you
over the 26 weeks immediately prior to terminating your allowance must
be refunded.

c. If, during the service period, you separate from DOE in order to accept
employment in another Agency and that Agency agrees to reimburse DOE for the
payments that you owe, or if you are separated involuntarily for reasons other
than those set out in paragraph 2, you will not be considered indebted to DOE.

d. If you complete the service period and (Departmental element)
commits to continue the PCA payments, then either this service agreement must
be amended to reflect the new service period and amount of the annual allowance
if different, or a new service agreement established. Thus, there will always be an
active service agreement with a service obligation associated with the PCA.

e. If you apply and are selected for a position that is eligible for the PCA in a new
Departmental element within DOE, then the Departmental element that has the
position must enter into a new service agreement with you if that Departmental
element agrees to pay the PCA. DOE’s policy is that the gaining Departmental
element is not required to assume the payments under this service agreement.
However, if the new Departmental element does not agree to pay the PCA and
you have not completed the service period specified in this service agreement,
you will be required to complete the service period at the new Departmental
element as a condition of employment in DOE. Also, your right to placement as a
surplus and/or displaced employee under the Career Transition and Assistance
Program does not grant you payment by the gaining Departmental element.

f. If you are reassigned to a position eligible for the PCA in another Departmental
element as a management directed action, the gaining Departmental element will
assume full responsibility for this agreement. However, if you are reassigned to a
position that is not eligible for the PCA as a management directed action for
reasons other than those set out in paragraph 4b, the service agreement will be
terminated at the time of the reassignment; you will be paid the amount due as a
lump sum payment for the remainder of the fiscal year or for 90 days, whichever
is greater, by the Departmental element that is a party hereto; and you will not be
indebted to DOE.

g. If it is determined that you are indebted to DOE, you have the right to file a
request for a waiver of any indebtedness that you may have to DOE under this
service agreement based on a demonstration by you that DOE’s recovery of such
indebtedness, in whole or in part, would be against equity and good conscience or
against the public interest. The filing of such a waiver request shall not stay the
operation of DOE’s debt collection procedures. The request must be filed with
the Chief Financial Officer of your current or former Departmental element that
was making the payments.

h. In the event that applicable laws or regulations change that would result in a
change(s) in the terms and conditions of this agreement, the parties hereto
mutually agree that this agreement will be subject to them. If such a change
increases the maximum amount of PCA allowable per year, and if existing
agreements are potentially affected, DOE agrees to renegotiate the amount of
PCA and period of service sections of this agreement if it deems it appropriate to
do so. Any changes other than those required by applicable laws or regulations
must be mutually agreed to in writing by the parties hereto.

5. Certifications

I hereby certify that I have read and understand the terms and conditions of this
agreement.

Selected Applicant/Employee Date
Pursuant to OPM regulations, 5 CFR 595.101, I hereby certify that:
In the absence of the PCA contemplated in this agreement, (Departmental
element) would encounter difficulty in filling and/or retaining a highly qualified
employee in the subject medical officer position, and I have stated my detailed
reasons for this conclusion in my written determination that is part of the official file
pertaining to this matter.
The source of funding for this agreement is (accounting information: fund-type ,
B&R, if other than employee’s salary accounting information) .
_______________________________ ___________
Authorizing Management Official Date
_______________________________ ___________
Human Resources Official Date

Distribution:
Original—Official Personnel Folder (OPF)
Copies —Employee, supervisor, payroll file, etc.

Privacy Act Statement

Part 595 of Title 5 of the Code of Federal Regulations requires the use of a service agreement to
support employer payments of the physicians’ comparability allowance (PCA). Providing
information and signing this agreement is voluntary, but failure to sign this agreement will
preclude the authorization of such payments on your behalf. It will not, however, affect your
being appointed to a position offered by the Department of Energy. The use of the information
involved with this agreement is by applicable management officials and supporting
administrative staffs, payroll and accounting staffs, and human resource staffs to approve your
eligibility for the PCA, make the payments, and periodically report to the Office of Management
and Budget on the use of the PCA authority. There are no additional uses that may be made of
the information collected.

PRIMARY DOE ORGANIZATIONS TO WHICH DOE O 322.1B IS APPLICABLE
Office of the Secretary
Departmental Representative to the Defense Nuclear Facilities Safety Board
Energy Information Administration
National Nuclear Security Administration
Chief Information Officer
Officer of Civilian Radioactive Waste Management
Assistant Secretary for Congressional and Intergovernmental Affairs
Office of Counterintelligence
Office of Economic Impact and Diversity
Office of Electric Transmission and Distribution
Office of Energy Assurance
Assistant Secretary for Energy Efficiency and Renewable Energy
Assistant Secretary for Environment, Safety and Health
Assistant Secretary for Environmental Management
Assistant Secretary for Fossil Energy
Office of General Counsel
Office of Hearings and Appeals
Office of Independent Oversight and Performance Assurance
Office of Inspector General
Office of Intelligence
Office of Legacy Management
Office of Management, Budget and Evaluation/Chief Financial Officer
Office of Nuclear Energy, Science and Technology
Assistant Secretary for Policy and International Affairs
Office of Public Affairs
Office of Science
Office of Security
Office of Security and Safety Performance Assurance
Office of the Secretary of Energy Advisory Board
Bonneville Power Administration
Southeastern Power Administration
Southwestern Power Administration
Western Area Power Administration