SECTION 20. MISCELLANEOUS PERSONNEL MATTERS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00530R000701780021-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 22
• Document Creation Date: December 23, 2016
• Document Release Date: March 13, 2013
• Sequence Number: 21
• Publication Date: July 19, 1984
• Content Type: REGULATION

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SECTION 20. MISCELLANEOUS PERSONNEL MATTERS
20-1 PERSONNEL STATUS AND SECURITY QUESTIONNAIRE - FD-285
7071.1 Submission of FD-285
The FBI Personnel Status and Security Questionnaire, FD-285, nub:
be completed by employees upon entering on duty. Thereafter, it is to be
executed every 2 1/2 years, beginning February 1, 1979, for Special Agents and
those employees having the title, Special Employee, and beginning February 1,
1981, for all other employees, Any employee entering on duty within 90 days
prior to the respective dates of submission need not execute another copy of
the form at the time of the 2 1/2 year submission, unless a change has
occurred in the information submitted when entering on duty. FBIHQ personnel
should execute only one form. Field employees must execute the form in
duplicate. The original is forwarded to(FBI Security Programs Manager, FBIHQ,
Washington, D.C., Attention: Security Programs Unit,land the duplicate is
retained in the field personnel file just beneath the top item, FD-189.
Originals will be retained in the employee's personnel file at FBIHQ until
completion of the five-year security review of each employee's personnel file
when all except the most recent completed FD-235 will be destroyed. The
FD-285 in field personnel files should be destroyed upon receipt of a new
submission. It should not be serialized.
20-1.2 Data Required on FD-285
Data required on the FBI Personnel Status and Security
Questionnaire, FD-285, is solicited to enable the FBI to comply with Federal
Personnel Manual regulations pertaining to required reinvestigations of
incumbents holding critical-sensitive positions (all FBI positions are
considered critical-sensitive). These regulations require that the submitted
questionnaire(s) together with the employee's personnel file and any previous
reports of investigation concerning the employee shall be reviewed at least .
once every five years. Following this five-year security review of an
employee's personnel file, a determination shall be made regarding whether any
further action is appropriate to determine employee's continued suitability to
hold a critical-sensitive position.
20-2 CHANGES IN STATUS
Changes in status are to be reported to FBIHQ immediately as set
out below. In reporting a marriage, birth, illness, accident, death, or any
similar situation, include the employee's residence address. In instances in
which the employee is called out of town, set out length of anticipated
absence and the address where employee will be located along with the
permanent residence address.
20-2.1 Address and Telephone Number
Report to FBIHQ each change in address of an employee (separations
from Bureau excluded) on Form FD-310. In addition, changes in'address or
telephone number of SAC, ASAC, or above must be reported to FBIHQ on Form
FD-207.
20-2.2 -Births
Report births on Form FD-207.
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20-2.3 Deaths
20-2.3.1 Deaths of Relatives
Submit Form FD-208 in cases of death of a close relative of an
employee. The deaths of other relatives need not be reported unless there is
a particular reason why FBIHQ should be advised. If the employee is temporar?
ily assigned elsewhere, as in cases where on an inspection assignment, the
official to whom he/she is then assigned should notify FBIHQ in addition to
notifying the employee's office of assignment.
20-2.3.2 Death of Bureau Employee
When a Bureau employee dies, promptly notify FBIHQ of death and
surrounding circumstances. Render all assistance possible to relatives.
Promptly advise FBIHQ of funeral details as soon as available since this
information is disseminated throughout FBIHQ and the field. FBIHQ will then
issue instructions separately regarding handling of certain aspects of the
deceased's estate which pertain to employment.
20-2.4 Illnesses
Submit Form FD-208 in all cases of employee illness (except
minor ones) and in all cases in which an employee is hospitalized for surgery
or treatment. In cases in which an employee leaves the area of his/her local
address for surgery and/or returns to another address after surgery, it is the
responsibility of each division head .and SAC to ensure that the employee
expeditiously informs the office of the date surgery occurred and of his/her
postoperative condition. This information should be immediately provided to
FBIHQ.
20-2.4.1 Return to Duty
(1) In those instances in which FBIHQ has been. advised of an
employee's absence for illness, Form FD-277 must be submitted upon return to
duty with the following items executed for Agent personnel:
(a) Physician's statement indicating employee's
qualification for duty;
(b) "Employee returned to active duty
(c) "Employee's physical condition is
(2) Only items (b) and (c) need be executed for support
employees. If condition warrants an Agent being placed in limited duty,
indicate on Form FD-277 that this is being done UACB.
20-2.5
20-2.5.1
Change in Marital Status ? Payroll Name
Marital Status
-Form FD-292,["Change in Marital Status"[form, must be executed by
[ all employees[sixtyjdays prior to the contemplated marriage date, if -
[(practicable.] If marriage is to take place between two Bureau employees,
submission of this form is not necessary. Upon receipt of this f...rm, office
indices must be checked on the intended spouse, as well as their close
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relatives. Check name of intended spouse through all files of local law
enforcement agencies covering residences, places of employment, and/or
schooling for the five years preceding contemplated marriage, but not before
intended spouse reached age 15.
[(1) If the intended spouse is not a native citizen of the
United States, Verify naturalization through Immigration and Naturalization
Service (INS) records or court-records. When setting forth leads to have
naturalization verified, it is imperative that sufficient information be
furnished, such as date and place of entry into the United States, date and
place of naturalization, and naturalization number.
(2) If the intended spouse is not a U.S. citizen, review files of
INS and report any pertinent information. If record is not located in local
INS Office, determine where it is located and set forth lead to have record
reviewed.
(3) If the intended spouse presently resides or is known to have
resided in a foreign country, the files of the Central Intelligence Ageacy
(CIA) are to be checked, except when the intended spouse's foreign residence
occurred while serving in the armed forces of the United States. CIA checks
are to be set out for the Alexandria Office with sufficient identifying data
to establish the intended spouse's identity.]
[(4)] Any derogatory data should be immediately furnished to FBIHQ.
The office where the employee is assigned should set forth any necessary leads
to any other offices in whose territory the intended spouse resided during the
pertinent period. Such leads are to-be set forth by Form FD-388, with an
information copy to FBIHQ enclosing the original of. Form FD-292. A five?day
deadline should be set in this type of case.
[(5)] If the intended spouse has served in the military service
during the past five years or is currently a member of the armed forces, set
out a lead to have complete military record reviewed. Also check records of
the intelligence and criminal investigative divisions of the appropriate
branch of the armed forces.
[(6)] Investigative results are not to be maintained in field
office files; immediately after submitting information to FBIHQ, the field
office communications containing the investigative results are to be
destroyed. Such matters should be captioned with the employee's name,
followed by "Change in Marital Status, Personnel Matter." Form FD-207
should be executed and submitted to FBIHQ immediately upon confirmation
of the marriage. Any change in payroll name, including those as a result of
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marriage, should be forwarded on this form. Employees who return to active
duty from service in the armed forces shall execute Form FD-224, and FBIHQ
will set out any leads necessitated by the marriage of an employee during
their absence in the military service.
20-2.5.2 Divorces, Annulments or Separations
Advise FBIHQ promptly of any divorce or annulment action involving
an employee or of any permanent separation of an employee from spouse_
Furnish pertinent details in all instances.
([20-2.5.3 Name Changes
(1) The general rule on the use of a name on an employee's record
is consistency. Employee's name should be shown the same way on all
Government records. Submit Form FD-207 when an employee's name changes as a
result of marriage or a court action, such as divorce or a legal name change.
Copies of the court action should be attached to the FD-207.
(2) Requests received which reflect a nickname, enclosed in
parentheses or quotation marks, will not be considered part of the employee's
official Bureau name.
(3) Employees may hyphenate their last name providing the last
name does not exceed 15 spaces with the total name not to exceed 20 spaces.
(4) Personnel documents that require a middle name or initial and
employee has no middle name or initial, "NMN" should be indicated.
(5) The Bureau must accept and process any request of an
employee's name change which results from marriage or a court action. The
Bureau is under no obligation to process a name change which is not the result
of one of the above actions.
(6) The Bureau will accept a request that is not the result of
marriage or a court action, when the following three conditions are met:
(a) The laws of the employee's state of residence do not
expressly provide that name changes can be accomplished only by court action.
(b) The agency has no reason to believe that the name change
[ is being made by the employee with the intention of fraud or deceit.
(c) The employee expects to continue to use the new name in
[ all employment and employment-related records.]
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20-2.6 Name of Parent, Foster Parent, Stepparent, Guardian, etc.
Advise FBIHQ of change by letter using FBI memorandum paper.
Communication must set out name, address, age, place of birth, occupation,
and, if pertinent, date and place of naturalization.
20-2.7 Emergency Notification Designee
Advise FBIHQ of change in information regarding person to be
notified in case of emergency by letter on FBI memorandum paper.
20-2.8 Office of Preference
(1) Advise FBIHQ of change by Form FD-314. (Support employees
see Part I, 11-12, of this manual.) When listing Washington, D.C., as office
of preference, employee should specify "FBIHQ" if this is their preference,
otherwise preference will be recorded as being Washington Field Office.
Office of preference records are designed to record specific cities where
field offices are located in which employees prefer assignment. Not included
are resident agency cities and general areas, such as East, South, etc. Form
FD-314 is to be used by Special Agents, Special Employees, and Electronics
Technician personnel only.
(2) Office of preference listing must be kept current not only to
cover the wishes of the employee but his/her current personal status'. Listing
of an office of preference creates the assumption that the individual not only
desires consideration for assignment_ tothat office but is also available for
such assignment. If a situation exists which would preclude compliance with
an office of preference transfer and make it desirable for the employee to
remain in his/her present assignment, the office of preference listing should
be adjusted accordingly. When the situation has been resolved, it can then be
restated to show the personal wishes of the employee. Such action does not
have an adverse effect on the relative standing for any office of preference
which may be designated.
(3) Each Agent must maintain their office of preference list so
that it is current and accurately reflects their personal situation. Because
of the administrative work involved in connection with such transfers, no
request for cancellation of transfers which have been made under the office of
preference program will be approved.
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20-3 FBI SKILLS BANK
The FBI Skills Survey Form, X422, must be completed by all
employees entering on duty. [Thereafter, forms will be updated annually on a
preprinted form. Each employee will receive the preprinted form in October or
November.] The Skills Form will be used to maintain an automated data base
from which all personnel information, including skills data, can be obtained.
The data is used for a variety of functions, including resource management
projections, staffing, crisis management, and for further development and
implementation of other automated systems. Data obtainable includes, but is
not limited to, employees': hobbies, interests, abilities, and experience;
educational levels; special Bureau qualifications; and personnel information,
such as age, assignment(s), grade(s), etc. Data can be obtained or
manipulated depending upon information needed.
20-4 PERSONNEL FILES - FIELD
(1) One field personnel file is to be maintained for each
employee and kept in the sole possession of the SAC. The file should
contain memos or other documents bearing on the employee's health or
efficiency, or on such matters as authorizing an Agent to carry a personal
firearm. There should only be one copy of each document and it should
be serialized, stamped with the office stamp, and initialed for filing.
The only unserialized mail in the file should be Form FD-189, which is
always the top item, and the most recent personnel status form, FD-285,
which is the second item. When an employee is transferred to a new office
their personnel file is sent there and becomes serial number 1 in[their]
personnel file in that office. Kept in ithe same folder but separate
from personnel files are investigative files on the employee .and
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employee's relatives. The index must be, searched to locate such files when
an employee reports to an office. Also kept in the same folder in an envelope
are electrocardiogram (EKG) tracings and reports of medical history (SF-93).
(2) When an employee transfers to FBIHQ or becomes an SAC, the
personnel file is sent to F3IHQ. The file of an employee who resigns or
retires should be retained for 90 days and then sent to FBIHQ for final
disposition. The file of a permanent or temporary indefinite employee leaving
for military service is maintained in the field office inasmuch as employees
have certain mandatory restoration rights and may return to that office, and
because, in their absence, they have a right to be considered for promotions
that arise. The file should thus be available for review for qualifications.
Upon notification from FBIHQ that an employee no longer has restoration
rights, the file is to be forwarded to FBIHQ.
(3) The personnel file, together with any investigative files on
the employee or employee's relatives, must be kept under lock and key under
the SAC's supervision in such a manner that no employee will have access to
his/her own file.
20-5 PHYSICAL PROGRAM
20-5.1 Physical Examinations
Such examinations are required for all Special Agents,
Electronics Technicians, and support employees assigned to all foreign offices
and San Juan (Anchorage .and Honolulu excluded). Such examinations are not to
include routine chest X-rays. Additionally, each[Language Specialist,
Interpreter, and Translator]will be afforded an annual audiometer examination
to ensure the hearing of each[Language Specialist, Interpreter, and
Translator]is adequate for that position-
20-5.1.1 Date and Frequency of Examinations
(1) Special Agents, Electronics Technicians (ET), and support
employees assigned to all foreign offices and San Juan (Anchorage and Honolulu
excluded) must receive fitness-for-duty physical examinations on a triennial
basis up to age 33 and annually thereafter at a Government examining facility,
or an approved private medical facility. On SF-88 "Report of Medical
Examination," ensure that items 2 and 5 are properly executed. Item 2 should
indicate SA, ET or support employee and item 5, for all categories listed
above, should specify "fitness-for-duty." Maintain a tickler for July 1st of
each year and submit a report to FBIHQ at that time, alphabetically listing
names of those delinquent. Include dates when they have been scheduled for
examination. Include in report an alphabetical list of those who had
examinations but whose reports have not been received from the hospital or
forwarded to FBIHQ. Report dates when those in the latter category received
their examinations. At same time, certify that there is a tickler maintained
for such employees in your office. A quarterly check of physical examination
ticklers must be made to prevent such personnel from becoming delinquent.
(a) To obtain the services of a private facility,
information must be submitted documenting the inadequacy of current physical
examinations and recommending an alternative delivery of medical services.
(b) Requests for authorization for private medical
examinations should include an estimate of the number of persons to be
examined -annually, the cost per examination and estimated total annual
expenditures for all medical examinations. Such requests must be fully
documented and include comparative cost estimates reasonable for the area. If
extensive time and travel costs are incurred, physical examinations may be
performed locally by a private physician when it is more efficient and
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economical to do so. All fitness-for-duty examinations must be performed
under the supervision and direction of a qualified doctor of medicine.
(2) Each[Language Specialist, Interpreter, and Translator;wili be
afforded an audiometer examination on an annual basis. Results of these
annual audiometer examinations are to be submitted to FBIHQ for review. SAC,
or FBIHO division head, and employee will be advised of any negative
information developed as a result of the annual audiometer examination.
20-5.1.2 Employee Responsibility to Provide Information
Employees undergoing such examinations must, when interviewed by
the medical examiner, advise examiner of pertinent physical symptoms,
medical history, including any defects or injuries for which such employee may
be receiving pensions or compensation awards from the Office of Workers'
Compensation Programs, Veterans Administration, and the like, in order that
the medical examiner may adequately consider this information as relating to
the scope of the examination.
20-5.1.3 Employee Responsibility to Report Treatment
All investigative personnel, Electronics Technicians and
[(Language Specialists, Interpreters, and Translatorslmust promptly notify their
SAC or division head when they receive treatment, care or attention from a
private physician for a condition which might impair an employee's fitness for
duty. These employees must also notify division head or SAC of any condition
manifesting itself to -the extent of impairment of fitness for full duty, even
though such condition is not being treated by a physician. F.BIHQ should be
promptly advised of treatment for any serious condition. Colds and Other
minor illnesses need not be 'made a matter of record.
20-5.1.4 Provision of Information to Medical Examiner
The medical examiner must be furnished with a copy of the previous
report of medical examination (SF-88), its attachment (FD-300), and SF-93, a
report of medical history. Form SF-93 must be executed in advance of the
physical examination and be reviewed by the SAC or division head to ensure it
has been fully executed in respect to the listing of all significant medical
history and current physical complaints. The medical examiner will,
therefore, be fully informed at the time he/she renders his/her fitness-for-
duty physical determination. In any case in which the nature and extent of
physical defects indicate a serious question of fitness-for-duty, SAC or
division head must not _only advise the medical examiner of such conditions but
also advise medical examiner of the nature of duties required of Special
Agents and Electronics Technicians. SF-93 must be used for all
fitness-for-duty examinations for all personnel mentioned above and for those
support personnel required to undergo an examination whose foreign office
assignment is contingent upon the satisfactory results of a physical
examination. SF-93 should not be used in clerical applicant cases. SF-93
must not be placed in an official personnel folder. It should be retained
permanently and separately, apart from field and FBIHQ personnel files,
preferably with the electrocardiogram tracings. SF-93 should not be sent to
FBIHQ with the SF-88 and its attachment, FD-300. Upon separation from the
service SF-93 should then be sent to the Employee Benefits Unit; Personnel
Section, with the electroCardiogram tracings for permanent retention.
20-5.1.5 Authority for Examinations and Related Follow-Up Actions
No physical examination is to be arranged for any individual
without prior authority of FBIHQ except regular physical and annual audiometer
exar,inations. Once a medical examiner has ,--ade a fl,tness-for-duty
determination and has completed the medical report, any recommendatLon for
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additional examinations, repeat or follow-up tests or other medical action
will be paid by the Bureau when such recommended action is for the purpose of
determining whether such malady exists and is solely to determine the
employee's fitness for duty. Once a determination of fitness for.duty is
made, any additional examination(s) is considered treatment and will not be
recompensed. FBIHQ must be advised of such action taken by the employee.
[ 20-5.1.6 Requirements for[Electronics]Technicians
[Electronics]Technicians who wear glasses while performing their
duties must wear nonmetallic electrically safe eyeglasses.
20-5.2 Limited Duty
20-5.2.1 Special Agents
(1) When any doctor recommends limited duty advise FBIHQ on UACB
basis such action has been taken. Point out:
(a) Condition will be followed closely to effect removal
from limited duty promptly upon resolution of medical condition;
(b) Nonarduous duties have been assigned;
(c) Employee will not be assigned work involving raids,
arrests, or use of firearms.
(2) Agents on limited duty- are to be permitted to participate in
firearms training, exclusive of defensive tactics, provided the Agent's
private physician who is fully familiar with the Agent's condition and after
having been made aware of the nature of the firearms training to be under-
taken, furnishes a written statement that in physician's opinion such
participation would not be injurious to the Agent's health or dangerous to
others". The SAC or division head must also furnish a recommendation and state
whether any condition exists, to official's knowledge, which should preclude
the Agent from attending firearms training.
(3) In instances where the private physician does not certify the
Agent to attend firearms training and the prospects for future approval are
remote due to the Agent's condition, authority to carry a side arm is to be
denied and the weapon turned in and forwarded to FBIHQ.
(4) When a doctor recommends removal take action UACB and support
it with medical _facts. Advise FBIHQ immediately.
20-5.2.2 Resident Agents
(1) No Agent who is in a limited duty status will be
designated or continued as a Senior Resident Agent, Alternate Senior
Resident Agent, or Resident Agent. This applies also to any Agent who
has any physical disability of any kind or who is being treated for any
disability. In considering a recommendation for designation of resident
agency personnel, carefully evaluate physical qualifications and include a
statement with your recommendation that there are no physical disabilities or
there is no ongoing treatment for any disability. In each case you
should receive assurance from the Agent involved that he/she has no
physical disability of any kind and is not being treated for any physical
disability nor has there been any manifestation of a disability. Ensure
that FBIHQ is advised in each instance in which a Resident Agent becomes
disabled, is being treated for a disability, or i which thereis any
question c( ncerning this. When recommending retention, complete justification
must be Eu:nished, together with comments whether sufficient amount of
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nonardous work exists to keep such Agent fully occupied and that sufficient
Agents are available to handle emergency assignments.
(2) FBIHQ should be advised at least once every sixty days of
employee's condition unless the condition is such that more frequent
correspondence is necessary.
(3) In forwarding any communication to FBIHQ pertaining to
Resident Agents, caption should include appropriate designation. If the Agent
has a disability or is under treatment, include complete information regarding
prognosis, as well as specific date Agent will be restored to full-duty
status. Such data must be substantiated by statements from a qualified
medical examiner.
20-5.3 Weight Standard
All Special Agents, male and female, must comply at all times with
the weight standards as contained on[Form]FD-300. It is the aim of the Bureau
to apply weight standards which are reasonable for our Special Agent staff to
maintain good health, an excellent businesslike appearance, and capacity to
properly perform the work involved. Special Agents are to be weighed on the
occasion of their Government physical examination. Agent personnel not
receiving annual physicals should be weighed annually on or about the
anniversary date of their triennial physical examination to ensure that Bureau
weight standards are adhered to. No other regular weighing of Special Agents
is necessary. Form FD-475 (Physical[Exam Card)]may be used for record
purposes. Division heads, SACs, Inspectors, and other officials may weigh
Special Agents any time circumstances indicate such action is desirable.
FBIHQ is to be promptly advised of the identity of any overweight Special
Agent. Thereafter, a communication is to be directed to reach the Personnel
Section no later than the last day of each month recording new weight until
the employee reduces to his/her maximum desirable weight limit. Exceptions to
the weight standards set forth on FD-300 will be granted only where a
Government medical examiner specifies the frame of a given individual exceeds
Large and specifies a maximum weight for that individual which exceeds the
maximum on the chart. Exceptions are to be granted only when medically proper
in the evaluation of the examiner. FBIHQ expects the maintenance of proper
weight standards by support employees also. In this regard, reliance will be
placed on the evaluation of the interviewer concerning personal appearance of
applicants and on the evaluation of the rating official as to personal
appearance on performance rating reports of employees, where appropriate.
20-5.4 Physical Fitness Program
Special Agents are encouraged to establish and sustain a high
level of physical fitness. Physical fitness enables Agents to cope more
readily with the stresses of a law enforcement career and handle critical
contingencies readily and confidently. The success of the program, in terms
of benefits to the individual and-the Bureau, depends on the professionalism
of each Agent participant and on the management of the program by our SACs,
ASACs, Field Supervisors and Field Fitness Advisors. Accordingly, the
following guidelines have been established for the maintenance of the FBI
Focus on Fitness Program:
(1) Each Special Agent will submit a memorandum indicating the
nature of his/her program, location of workout, and projected periods of
workout. This record will be maintained by the office in one central control
file to provide rapid response of all Agents whi]e they aro participants in
the pre,Iram. A-,'ailability should be of paramount concecn to each Agent.
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(2) Exercise periods will be included on the number three card
and a code established to allow the Agent, via FM radio, to advise of his/her
location.
(3) Three one?hour exercise periods per week have been authorized
for Special Agents. These periods are not to be taken during the first or
last hour of the official working day. AU0 guidelines prohibit claiming
exercise periods as overtime. Workouts may be coupled with lunch periods.
(4) Workouts are not to be conducted in a country club
atmosphere. Recreational sports such as bowling, badminton, and golf are not
authorized. Aerobic conditioning exercises, such as running, exercycling,
weight training, handball, raquetball, and swimming are authorized in
YMCA/health club settings under the discretion of the SAC. The SAC is
responsible for the management and success of the program.
(5) Field fitness advisors are directed to publicize benefits of
participation in the program to encourage maximum participation. These
benefits include, but are not limited to, such areas as the following:
decreasing the risk of coronary heart disease through the lowering of blood
pressure, decreasing pulse rate and cholesterol levels, improving diet and
weight control, reducing stress and tension, improving emotional and physical
well being, and increasing energy, alertness, and productivity. Suggestions,
recommendations, or requests of a specific nature should be directed to the
Training Division, Attention: Physical Training Unit.]
20-6 OUTSIDE EMPLOYMENT
20-6.1 Departmental Order 350-65
(1) . No employee may engage in any outside employment that will
interfere with proper performance of his or her official duties, create or
appear to create a conflict of interest, or reflect adversely on the
Department.. A "conflict of interest" exists whenever the performance of the
duties of an employee has or appears to have a direct or predictable effect on
a financial interest of. such employee or of their spouse, minor child,
partner, or person or organization with which he or she is associated or is
negotiating for future employment.
(2) No professional employee may engage in the private practice
of his or her profession, such as law, although the Deputy Attorney Ceneral
may on request make a specific exception in unusual circumstances.
(3) Except in the proper discharge of his or her official duties,
no employee may act as an attorney (a) for prosecuting any claim against the
United States or receive any gratuity or interest in any such claim for his or
her assistance in prosecution thereof or (b) for anyone before any department,
court, office, or commission in any matter where the United States is a party
or has a direct and substantial interest; or directly or indirectly receive or
solicit any compensation for .services rendered by himself or herself or
another before any department, court, etc. Employee may if it is not
otherwise inconsistent with proper performance of his or her duties, (a) act
as attorney without pay for any person in a Federal personnel administration
proceeding or, if FBIHQ approved, (b) act as attOtney with or without pay for
a member of his or her family or other person or estate for which he or she is
executor or other personal fiduciary, except in matters he or she participated
in personally and substantially as a Government employee through decision,
recommendation, investigation, etc., or matters which are the subject of his
or her official responsibility. This is not to say that an employee is
prohibitd from giving testimony under oath or from makinp statements required
to be made wider penalty for perjury or contempt.
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(4) No one whose Government employment has ended may knowingly
act as an attorney for anyone other than the United States in connection with
any proceeding wherein the United States has a direct or substantial interest
and wherein he or she participated personally and substantially while an
employee.
(5) No former employee may within one year after his or her em-
ployment has ended appear personally before any court or Government office as
attorney for anyone other than the United States in connection with any matter
wherein the United States has a direct or substantial interest, which was
under his/her official responsibility as a Government employee at any time
within a year preceding the termination of such responsibility.
(6) No partner of an employee may act as attorney for anyone
other than the United States in connection with any matter wherein the
United States has a direct or substantial interest in which matter such
employee is participating or has participated personally and substantially as
an employee, or which is the subject of his/her official responsibility.
(7) All employees have been furnished a copy of Departmental
Order 360-65, and must comply with its provisions. The order and all
revisions thereto shall be called to the attention of all employees when they
enter on duty and thereafter at least annually. Employees should discuss with
their superiors any problems arising in connection-with the order so that they
may be resolved. Executive Order 11222 is the general source of information
concerning the above.
20-6.2 Bureau Authorization
(1) Prior FBIHQ authority must always be obtained for an employee'
to engage in other work, employment, occupation, profession, business, or
partnership. This regulation applies to all personnel and includes self- .
employment and employment by a third person. Requests for authority to engage
in outside employment should be submitted to FBIHQ on[FormIFD-331. The form
shows information which should be.submitted.
(2) A check of the field office indices is necessary where the
prospective employer is not well known. The results of the .check made on the
name of the firm and on the name of the owner or manager if readily
obtainable, should be shown on or as a supplement to(Form)FD-331. Where the
name of the owner or manager is not readily obtainable and no reason exists to
secure it, no effort, either through investigation or credit check should be
made to obtain this information. The reason for not securing the name should
be shown. If the prospective employer is, for example, a long-established and
well-known department store, an indices check is not necessary, but the form
should show this fact. With regard to employees at FBIHQ, Bureau indices on
the prospective employer will be checked by the Personnel Section.
(3) FBIHQ must be advised in all cases in which an employee
terminates his/her outside employment, including the reason if other than
routine[(FormIFD-331a is used for this purpose). FD-331a is also to be used
to advise FBIHQ when an employee does not accept employment which FBIHQ has
already approved.
(4) Each division must also advise FBIHQ by January 15th of each
year that verification has been made that each 'employee authorized for outside
employment is still so engaged. An administrative tickler to be maintained
to this effect. A copy of each FD-331 submitted to FBII;1(.) or some other
tickler for folowing on authorization granted may be mlintainec.
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20-6.3 Bureau Policy
The Bureau desires wherever possible to grant requests for outside
employment; however, in reviewing such requests the Bureau must consider the
following factors:
(1) Legal restrictions or statutes and departmental regulations
(2) Conflict with or capitalization on Bureau employment
(3) Whether compatible with position as employee of law enforce-
ment agency
(4) Nature of employment and employer
(5) Interference with regular attendance or efficient performance
of duties[(employee's current work performance should be no less than
minimally acceptable)]
(6) Interference with general availability of employee
(7) Impairment of health or efficiency of employee
20-6.3.1 Special Factors
(1) Dual compensation - Federal employees are not entitled to
receive basic compensation from more than one civilian Government job for more
than an aggregate of forty hours of work in any calendar week. Bureau
positions being typically full time, not part-time, the law thus prevents our
employees from holding any other Federal job.
(2) The Bureau will not approve outside employment on the part of
any of its employees in lines of work where the duties would be questionable
or might reflect adversely on employee or the Bureau; employments involving
forms of gambling, or evasions of the law are obviously employments that the
Bureau will not approve.
(3) No employee will be allowed to work for any concern which has
received unfavorable publicity regarding its merchandise, methods, or general
reputation of its employees.
(4) If a Bureau employee has been approved to engage in outside
employment and a situation occurs wherein it is questionable to allow the
continuation of such employment, FBIHQ should be immediately advised with
appropriate recommendations.
(5) An employee on sick leave undoubtedly will by the same token
be unable to engage in an outside job. If he/she desires to do so on any day
for which sick leave has been requested, he/she must secure prior Bureau
approval.
(6) Security reasons dictate that no employee should submit to a
polygraph examination as a prerequisite for outside employment.
(7) Wives of Legal Attaches and other personnel assigned abroad
are not to accept outside employment in the country to which they are
stationed without FBIHQ approval.
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[(20-6.3.21 Outside Employment of Special Agents
(1) Special Agents shall not engage in any outside employment
which will create or appear to create a conflict of interest, reflect
adversely upon the Department of Justice, or in any manner interfere with
complete availability or the proper and effective performance of the duties of
the position. It has been determined that outside employment in most
instances will conflict with one or more of the above restrictions and
accordingly is prohibited by law and the Code of Federal Regulations (CFR).
(2) Remuneration for services is not the sole determination of
whether or not an activity should be considered employment. The nature of the
involvement and the activity itself should be the determining factors.
Participation in civic, religious or charitable activities or organizations
would not normally be considered employment. Special Agents obviously should
be permitted to make outside investments but not to operate businesses or
engage in outside employment if such businesses or employment will create or
appear to create a conflict of interest, reflect adversely upon the Depart-
ment of Justice, or in any manner interfere with complete availability or the
proper and effective performance of the duties of the position. Self-employ-
ment should also be considered as outside employment. Departmental Order
350-65 specifically prohibits any professional employee of the Department of
Justice from engaging in private practice of his or her profession, such as
law.
[[20-7 FLEXIBLE WORK SCHEDULES
(1) A flexible work schedule or flexitime is any schedule which
provides employees a measure of control over their own working hours.
Flexitime breaks the workday into two distinct kinds of time: core time is
the portion of the day when all employees must be at work, and flexible time
is the portion of the workday when the employee has the option of choosing a
starting and quitting time, within prescribed limits. This represents an
alternative to the traditional fixed, rigidly controlled work schedules, but
is not meant to replace the traditional work schedules nor the odd-hour
shifts.
(2) The two requirements of any flexible work schedule are:
(a) The employee must be at work during core time, except
for leave and other authorized absences.
(b) The employee must account for the total number of hours
scheduled for work each day.
(3) Each SAC or division head must ensure the availability of
sufficient personnel to adequately discharge the FBI's responsibilities.
Therefore, the granting of flexible work schedules, as with the granting of
leave, must have the approval of designated supervisory personnel.
(4) The utilization of a flexible work schedule within each
division will be at the discretion of each SAC or division head. The most
extensive flexible work schedule will permit the flexible bands to start at
6:00 a.m. and end at 6:00 p.m. at 15 minute increments with provisions for a
mid-day flex and core time deviation. The SAC or division head may institute
more restrictive use of flexible work schedules at any time, consistent with
work requirements within each office.
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(5) Employees on flexible work schedules should neither receive
favored treatment nor be penalized as a result of flexitime, but rather, they
should be treated in an equitable manner with employees working on a standard
nonflexible work schedule.
20-8 ODD-HOUR SHIFTS
(1) Odd-hour shifts, i.e., any scheduled working hours different
from the regular Monday-through-Friday day shifts, may not be established
without prior authority of the SAC or division head. Such shifts are to be
authorized only where factual justification is shown that these shifts will
enhance the operation of an office, and/or such shifts will provide necessary
services at a time beneficial to employees with no interference in the
efficient operation of the office. It is the responsibility of each division
head to select the best qualified and most deserving employees for assignment
to any odd-hour shifts.
(2) Odd-hour shifts may be approved at the discretion of the SAC
or division head for employees who desire same for justifiable reasons. If
the shift is established solely at the request of/and benefit for an employee,
premium pay will not be paid for work performed on a day or hour of the day
for which premium pay would ordinarily be authorized.
(3) Support personnel may be assigned Saturday duty on a rotating
basis to provide for essential services. Employees should be assigned a
Tuesday through Saturday workweek for the week they have Saturday duty. When
scheduling an employee for a Tuesday through Saturday workweek, the employee
must be advised of his/her new shift at least one week in advance.
(4) The general policy on work schedules is to economize on night
differential pay, and to achieve the utmost standardization in the working
hours consistent with work requirements of each office and consideration to
specific employees needs.
20-9 WORK PERMITS (FBIHQ)
(1) Bureau employees under the age of 18 years, with the
exception of those who will reach their 18th birthday within a month after
they enter on duty, must secure work permits. The names of new employees in
this category are automatically tabulated by the[Personnel]Section of the
Administrative Services Division. A schedule is set up for the employee to be
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interviewed, and a written request for a work permit is furnished to the
employee to be presented personally to the Department of School Attendance
and Work Permits of the District of Columbia. An employee applying for a
work permit must have in his/her possession a birth certificate or attested
transcript issued by a registrar of vital statistics or other officer charged
with the duty of recording births. In the abence of such a birth certifi-
cate, suggestions as to other acceptable proof of birth can be found in Public
Law 618-70th Congress, an act to regulate the employment ofminors within the
District of Columbia.
(2) The Bureau follows the policy of restricting the assignment
of employees under 18 years of age to the regular day shifts. In addition,
employees under 18 years of age may not work more than 8 hours in any one day,
nor more than 6 days in any one week. Therefore, any hours worked beyond the
regular 40-hour workweek must be performed on the sixth day rather than on the
employee's regular workdays.
20-10 TOURS OF DUTY OF WOMEN AND MINORS
Each field office must comply with the provisions of any applica-
ble child labor laws governing the territories under its jurisdiction.
Although this Bureau and other Federal agencies are not legally bound by state
regulations regarding the employment of females, it is desirable that efforts
be made to comply with the provisions of such regulations. Accordingly, the
provisions of such regulations should be ascertained and every possible effort
should be made toward general compliance. Such compliance should be.consis-
tent with the Bureau's best interests. If any conflict with state regulations
appears imminent, FBIHQ should be contacted.
20-11 LIST OF AVAILABLE UNASSIGNED STENOGRAPHERS (FBIHQ)
The Personnel Section of the Administrative Services Division
maintains a list of all available unassigned stenographers at FBIHQ. The
available unassigned stenographers are listed under the date they pass the
qualifying examinations for the position of stenographer. It also sets forth
their entrance-on-duty date, grade, and division. They are selected for
assignment on this basis as stenographic vacancies occur, provided they are
[ otherwise qualified. This list is[updated]each month.
20-12 COMPUTATION OF CLERK-AGENT RATIO
In computing the clerk-Agent ratio, personnel are separated into
two categories. All Special Agents, including supervisors, ASACs and SACs,
comprise one group, and all non-Agent personnel, including clerks, stenog-
raphers, special employees,[Electronics Techniciansjetc., the other. Divide
the number of Special Agent personnel into the number of clerical personnel
and the result is the clerk-Agent ratio. No personnel assigned to an office
may be excluded from this computation. Personnel under transfer to an office
must be counted in the computation of the office to which they have been
transferred after the orders of transfer have been received, even if they have
not yet reported; and they should be excluded from computation of the office
from which transferred, even though they may not have departed on transfer.
Personnel resigning or entering on absence for maternity reasons must not be
computed in the ratio once their letters indicating such action have been
forwarded to FBIHQ and acknowledged. Involuntary separations are not computed
in the clerk-Agent ratio after written notification has been approved by FBIHQ
and forwarded.
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20-13 PENDING TRANSCRIPTION WORKLOAD AND DELINQUENCY
(1) [The Pending Transcription Workload and Delinquency Reoort,
FD-703, is used as a tool in determining the ability of one office to be of
assistance to another; as a tracking system to monitor fieldwide workload and
production statistics; and as a means of projecting manpower needs and
justifying them through the budget process. The original of this form should
be submitted to FBIHQ, Administrative Services Division, Attention: Pay and
Position Management Unit, Room 6057, for the biweekly period ending the 15th
and last day of each month. The deadline for submission is five working days
after the end of the biweekly period. This form is to be executed by all
field offices. Complete instructions for completion can be found on the
reverse side of the form.]
(2) [The transcription workload is considered delinquent when
dictation or rough drafts remain untranscribed for more than five working
days. To compute the five working days, the day work was received is counted
as the first day. If it is not completed that day, it becomes two-day work.
It is essential that dictation and rough drafts be promptly transcribed. If
the workload becomes excessive, contact should be made with FBIHQ,
Administrative Services Division, Pay and Position Management Unit, or one of
the Regional Typing Pools located at the Norfolk Office; Northeastern Regional
Computer Support Center, Ft. Monmouth, New Jersey; or the Western Regional
Computer Support Center, Pocatello, Idaho.]
20-14 FIREARMS TRAINING OF NONINVESTIGATIVE EMPLOYEES
As a rule only Special Agents receive firearms training from the
Bureau. Exceptions are: Electronics Technicians and Security Patrol Clerks.
on the night and midnight shifts at San Juan, Puerto Rico, and the Security
Guard Force at the FBI Academy, Quantico, Virginia.
20-15
20-15.1
SERVICE RECORDS, CREDIT INQUIRIES AND INQUIRIES DIRECTED TO
EMPLOYEES
Service Record Inquiries
Inquiries for service records on present or former employees and
inquiries concerning indebtedness of in-service employees are handled at
FBIHQ. Employees must refrain from expressing either orally or in writing,
except to official superiors, any opinion bearing upon the efficiency or
standing of former or present employees. Individuals making oral inquiries
should be referred to FBIHQ for such information and FBIHO should be advised
of the request. Written communications received by the field containing
requests for such information should be transmitted to FBIHQ as an enclosure
to FD-438a, which is a copy of FD-438 to be used by field to advise the
inquirer his/her request has been forwarded to FBIHQ, Washington, D.C., for
handling.
20-15.2 Credit Inquiries
The field may verify employment in routine credit inquiries
ensuring inquiry is for legitimate reasons. Data supplied should be confined
to entrance-on-duty date, salary, and whether support personnel or Agent.
Notation that information was provided should be made in personnel file.
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[ 20-15.3 [OtherlInquiries Directed to Employees
[For Bureau policy concerning employees providing information or
[ opinions based on personal association with present or former FBI employees
[ and non-FBI acquaintances, see Part-I, 1-15.3, and Part II, 10-17.11.2, of
[ this manual ]
20-16 REST PERIODS - VENDING MACHINES
(1) Vending machines are permissible if the SAC considers them
desirable. Proceeds from vending machines may be retained by the division
where they are located and utilized by the office recreation or welfare
association. If reports from any office indicate abuses in the use of the
machines, consideration will be. given to removing them.
(2) A 10-minute rest period may be taken by noninvestigative
employees during each 4-hour work period. This rest period is to be limited
to employees working within the FBI office. Rest periods may not be taken at
the beginning or the end of the workday but should be taken, for example, at
midmorning and at midafternoon. They should be so scheduled as to ensure an
adequate staff is on duty in the office at all times.
20-17 DESIGNATION OF BENEFICIARY
20-17.1 Purpose
During Government employment employees will establish and build
up valuable monetary benefits, the disposition of which in the event of
death can be controlled by execution of certain beneficiary forms.
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20-17.2 Items Involved
, These items may involve considerable amounts of money and ac-
cordingly employees should clearly understand the effect of the execution of
the various beneficiary forms.. The things of value referred to relate to:
(1) Money owed to employee in the form of unpaid compensation,
such as accrued annual leave, unpaid salary, and expense vouchers, etc.
(2) Money accrued in the Civil Service Retirement System.
(3) Money payable through coverage under the Federal Employees'
Group Life Insurance Act.
20-17.3 Execution of Forms
Each of the items listed in 20-17.2 above requires the execution
of a separate beneficiary form (SF-1152, SF-2808, and[SF-2823]respectively),
if it is desired that the money be paid in a way which is other than the
order set forth by existing legislation. A designation, change, or
cancellation of beneficiary in a will or other document will have no effect.
20-17.4 Undesignated Beneficiary
It is not necessary that these beneficiary forms be executed, if
it is satisfactory for the payment tobe made in the prescribed order set
forth below:
(1) To the widow or widower
(2) If neither of the above, to the child or children in equal
shares, with the share of any deceased child distributed among the descen-
dants of that child
(3) If none of the above, to the parents in equal shares or the
entire amount to the surviving parent
(4) If there be none of the above, to the duly appointed legal
representative of the estate of the deceased, or if there be none, to the
person or persons determined to be entitled thereto under the laws of the
domicile of the insured
20-17.5 Annual Reminders
This matter should be a topic discussed annually at Agent and
clerical conferences.
20-18 LOST GOVERNMENT CHECKS
(1) In reporting the loss of a Government check by an employee of
the Bureau, obtain a letter from the payee addressed to the Department of the
Treasury, Washington Disbursing Center, Washington, D.C. 20013, setting forth
the circumstances surrounding the loss of the check. This letter must show
whether the check was endorsed, the payee's home address, and must be signed
by the payee.
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(2) If the check is received in the office but lost before the
employee receives it, a letter from the division head, SAC, or ASAC addressed
to the(Department of the Treasury, Washington Disbursing Center,
Washington, D.C. 20013,]relating information pertinent to the receipt and the
handling of the check in the office, must be prepared and forwarded to the
Voucher and Payroll Section, FBIHQ, with the letter from the employee whose
check was lost.
(3) If a check has.been mailed by FBIHQ but the field office has
no record of its receipt, a letter from the SAC or ASAC is all that is
necessary.
(4) All letters should be forwarded to the Voucher and Payroll
Section, FBIHQ, at the earliest possible date. No action can be taken by
FBIHQ to place a stop on a lost check or to have a substitute check issued
until receipt of the above-described letters.
20-19 INVENTIONS
Whenever any invention is developed by an employee arising out of
the latter's official duties or connected in any way with Bureau operations,
FBIHQ is to be advised, attention of the headquarters' division most closely
concerned or associated with the invention in question.
20-20 PERSONAL APPEARANCE, DRESS AND GROOMING STANDARDS FOR BUREAU
EMPLOYEES
20-20.1 Policy
The traditional policy of the FBI is that all employees should
have the appearance of business people, both as to dress and grooming. FBI
employees should dress in the typical mode of the business and professional
communities while on official duty. All male employees, except those who are
specifically exempt due to the nature of their duties, should be dressed in
business shirts, ties, and trousers suitable for office wear. During certain
climatic conditions, SACs of the various field offices and the division heads
at FBIHQ, may issue instructions that employees, who have no exposure to the
public, are permitted to wear other attire as a substitute to the above
mentioned attire. The SAC, as well as division heads, must insure that
sufficient restraints are exercised so that employees will not become relaxed
to the point where it will be necessary to make adjustments to bring about
conformance to the business-professional appearance.
20-20.2 Appearance Standards
(1) The manner and style of one's clothing or the manner in which
a person wears his or her hair is a matter of individual pride and self-
respect. Employees of both sexes are expected to maintain a neat appearance,
and to keep their hair clean and well groomed at all times.
(2) The American people trust and are confident that the FBI will
continue to perform in their behalf in an exemplary manner. That degree of
trust and confidencne was achieved by our outstanding performance of our
duties and by the neat, well-groomed appearance we have presented to the
American people.
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(3) _Although performance can neve :6 be estimated or judged by
appearance alone, the standards of neatness and grooming adhered to by the men
and women of the FBI have created in the minds of the American people an image
of faithful and professional performance of duty.
(4) Accordingly, our appearance has, and will, contribute to the
efficiency of our service in behalf of the American people. Therefore,
extremes in clothing and in hair length or style are to be avoided.
20-20.3 Regulations
The "Handbook for FBI Employees, Support and Service Personnel,"
under grooming and demeanor, outlines the standards expected of support and
service personnel of the FBI. Memoranda to all SACs, titled "Personal
Appearance of Bureau Employees," 25-75(A) dated June 10, 1975; 38-74(A) dated
August 6, 1974, and 47-73(A) dated November 6, 1973, set out the'Bureau's
traditional posture that all employees should present a businesslike
appearance, both as to dress and grooming, while in duty status.
90-91 PART?TIME EMPLOYMENT
Employees who are authorized to work on a part?time basis are
subject to the following rules:
(1) The employee must have a prearranged regularly scheduled tour
of duty consisting of an equal or varied number of hours per day.
(2) [The employee's work schedule must be from 16 hours to 32
hours per week, with no more than 8-hours a day.]
(3)
Part?time employees will be covered under the Civil Service
Retirement System.
(4) Employees will be eligible for both regular and optional
coverage under Federal Employees' Group Life Insurance (FEGLI).
Part?time employees with salary under $8,000 will be covered for $10,000 under
FEGLI regular. Coverage is automatic if there is no waiver in effect from
previous employment.
(5) Employees will he eligible for coverage under the Federal
Employees Health Benefits Program (FEHBP). The part?time employee will not
receive the full Government contribution but a prorated share of the
Government contribution and the employee must pay the difference of the
Government contribution. Full?time employees changing to part?time will be
eligible to change their enrollment from one health benefit plan to another
and must also pay the prorated share of the Government contribution.
A part?time emPloyee who is in receipt of compensation from the Office of
Workers' Compensation Program will be entitled to the full Government
contribution for FEHBP.
(6) The annual and sick leave of an employee will be prorated.
(7) Part?time employees will be entitled to military leave. The
rate at which such leave accrues is a percentage of the rate prescribed by
Title 5, USC, ? 6323, as amended by P.L. 96-431. The. amount of leave is
determined by dividing 40 into the number of hours in the regularly scheduled
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workweek of that employee during t.17-.;1: fiscal year. No more than 15 days of
accrued, unused military leave may be carried over into any fiscal year.
(8) Part-time employees will be paid for a holiday if itTI
falls D
a day of employees' prearranged tour of duty.
(9) Part-time employees will receive the 10 percent night
differential for any portion of their regularly scheduled tour of duty which
occurs between 6 p.m. and 6 a.m.
(10) Part-time employees should not work overtime without prior
Bureau approval. Overtime is any work performed in excess of 8 hours a day or
40 hours a week.
(11) Requests from high grade professionals (above GS 9) to work
part-time will be considered-on an individual basis when special circumstances
exist, or when permitting this would be in the best interest of the Bureau.
1[20-22 LUNCH/DINNER PERIODS
(1) Employees are entitled to a lunch/dinner period which is to
be scheduled during the middle portion of the employee's tour of duty. This
period is not considered a work period for pay purposes but is added to the
number of hours actually worked to become their scheduled tour of duty. The
purpose of a lunch/dinner period is to provide the opportunity for nourishment
and a deviation from work activities; therefore, lunch/dinner periods should
not be scheduled at the end of the warkshift.
(2). . Part-time employees should also schedule a lunch/dinner break
[ if they work in excess of four hours a day.
(3) It is not necessary that an employee be permitted to leave
[ the premises during the meal period.]
')42
3/14/86
MAOP
Declassified and Approved For Release 2014/04/10: CIA-RDP90-00530R000701780021-1