Personnel Practices
Career and Other Appointments of Former Political Appointees, October 1998-April 2001 Gao ID: GAO-02-326 February 26, 2002Political appointees in the federal government sometimes seek appointments to career positions, which do not end with an administration. Although merit system principles require that selections be determined solely on the basis of merit after fair and open competition, questions have been raised about whether some individuals have received political favoritism or an unfair advantage, even the appearance of which could adversely compromise the integrity of the system. The 45 agencies GAO surveyed reported that 100 employees converted from political appointments and 11 converted from congressional staff positions from October 1998 through April 2001. All the conversions took place at 21 agencies. Ninety-five of the 111 conversions were to positions at the GS-12 level and above. GAO found that the 21 agencies used appropriate appointment authorities, such as civil service certificates from the competitive selection process, and generally followed merit system procedures. In 17 instances, however, the appointments could give the appearance that individuals had received political favoritism or preferences.
GAO-02-326, Personnel Practices: Career and Other Appointments of Former Political Appointees, October 1998-April 2001
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United States General Accounting Office:
GAO:
Report to Congressional Requesters:
February 2002:
Personnel Practices:
Career and Other Appointments of Former Political Appointees, October
1998 - April 2001:
GAO-02-326:
Contents:
Letter:
Results in Brief:
Background:
Over a Hundred Political Appointees and Congressional Employees
Converted to Career and Other Positions:
Appropriate Authorities Used, but 17 Conversions Gave the Appearance
of Political Favoritism:
Conclusions:
Agency Comments:
Appendixes:
Appendix I: Executive Branch Agencies and Departments and Their
Conversions:
Appendix II: Political Appointees Converted to Term, Career, and Other
Positions by Agency from October 1, 1998, through April 30, 2001:
Appendix III: Appointment Authorities Used in the Appointments We
Reviewed:
Appendix IV: Details of Nine Conversions to Career Positions with the
Appearance of Preferential Treatment:
Appendix V: Eight Conversions to Excepted Service Positions under
Schedule A or 28 U.S.C. 542 Authority with the Appearance of Political
Favoritism:
Appendix VI: Scope and Methodology:
Appendix VII: Comments from the Office of Personnel Management:
Related GAO Products:
[End of section]
United States General Accounting Office:
Washington, D.C. 20548:
February 26, 2002:
The Honorable Christopher S. Bond:
Ranking Minority Member:
Committee on Small Business and Entrepreneurship:
United States Senate:
The Honorable Dave Weldon:
Chairman:
Subcommittee on Civil Service and Agency Organization:
Committee on Government Reform:
House of Representatives:
The Honorable F. James Sensenbrenner, Jr.
Chairman:
Committee on the Judiciary:
House of Representatives:
Political appointees in the federal government sometimes seek
appointments to career competitive and other positions which, unlike
political appointments, do not terminate at the end of an
administration. When such appointments occur, they are called
"conversions." Conversions of political appointees to career positions
must conform to merit system principles requiring that selection be
determined solely on the basis of merit after fair and open
competition. Sometimes, however, circumstances surrounding conversions
can raise questions as to whether the individuals received political
favoritism or an unfair advantage in the merit system selection
process, even the appearance of which could adversely compromise the
integrity of the system.
As requested we (1) identified the number of conversions of political
appointees to career and other positions as reported to us by 45
executive branch agencies from October 1, 1998, through April 30,
2001, and (2) for the conversions at the General Schedule (GS) pay
grade 12 and above and their equivalents, (a) determined whether the
agencies used appropriate appointment authorities and followed proper
procedures consistent with merit system principles or (b) whether
there was any appearance of favoritism or political preference, even
if proper procedures were followed.[Footnote 1] We were also asked to
identify the characteristics, such as the titles, grades, and
salaries, of the political and career positions for conversions that
occurred during that period. We provide that information by agency in
appendix H. For purposes of this review, we defined political
appointees as those who obtained noncareer appointments to the Senior
Executive Services (SES), Schedule C appointments, or presidential
appointments. As consistent with the requests, we also included
congressional employees who converted to career and other positions at
those same agencies.
Results in Brief:
The 45 agencies we surveyed as part of our review responded that 111
former political appointees and congressional employees converted to
career and other positions from October 1, 1998, through April 30,
2001.[Footnote 2] According to the agencies, 100 of these employees
converted from political appointments and 11 employees converted from
congressional staff positions. Twenty-one agencies accounted for all
of the conversions. The other 24 agencies reported no such conversions
during that period. The most conversions by agency were at the
Departments of Justice (24), Energy (11), Labor (8), Commerce (7), and
Defense (7). The 111 conversions represented far less than 1 percent
of the total number of career appointments the agencies made during
that time.
Ninety-five of the 111 conversions were to positions at the GS-12
level and above. The 21 agencies making these conversions used
appropriate appointment authorities, such as civil service
certificates from the competitive selection process, and generally
followed merit system procedures. However, in 17 instances, the
circumstances surrounding the appointments could, in our opinion, give
the appearance that the appointees had received political favoritism
or preferences that enhanced their prospects for appointment. Nine of
these 17 appointments were career competitive appointments; eight were
noncompetitive appointments to the excepted service.
* Of the nine career appointments, four cases gave the appearance of
what is referred to as a "conversion in place," i.e., the career
positions had quite similar, and in some cases, identical roles and
responsibilities as well as the same supervisors as the former
political positions. In all four cases, the only major difference
between the career and political positions was the deletion of the
Schedule C element requiring a close and confidential relationship
with an appointed official from the career position. For another
conversion, the agency allowed a political appointee to provide input
to the position description of the career service position before the
vacancy announcement was issued. The political appointee subsequently
applied for and was selected for the position. Such circumstances
create concern about whether the individuals received an unfair
advantage or unauthorized preferences in the merit system.
* For the eight excepted service appointments, individuals were
noncompetitively appointed to positions near the date of the
presidential inauguration. Although the six agencies involved had the
authority to make these appointments noncompetitively, the timing of
these appointments”as a change in administration was occurring”can
raise the appearance of political favoritism.
While it is reasonable for individuals who join the government as
political appointees to have the opportunity to continue a federal
career in the competitive or excepted service, the nature of their
previous political appointee positions can create concerns about
whether the individuals received favoritism or improper advantage in
the selection process, even the appearance of which could compromise
the integrity of the merit system. We referred the 17 conversions to
the Office of Personnel Management (OPM) in its oversight capacity for
review and action as appropriate.
Background:
Political appointments are generally made by the administration in
office to support and advocate the president's political goals and
policies. They are noncareer appointments”that is, they are
noncompetitive and are therefore made without regard to the rules for
competition that govern career appointments. Political appointees fill
positions in the executive branch under various types of appointments.
For example, they may hold Schedule C positions, obtain noncareer
appointments to SES, or be presidential appointees.
Schedule C appointees receive noncompetitive appointments to positions
graded GS-15 and below that involve determining policy or that require
a close, confidential relationship with the agency head or other key
appointed officials of the agency. Noncareer SES appointees can
receive noncompetitive appointments to SES positions that normally
involve advocating, formulating, and directing the programs and
policies of the administration.
Political appointments may be terminated at any time, and appointees
generally leave their positions at the end of an administration.
However, while serving under a political appointment, appointees can
also apply and compete for positions that are filled through career
appointments, which do not end with the change of administrations.
Career appointments are usually made through competitive procedures
consistent with the government's merit system selection principles.
Therefore, conversions to career competitive positions must conform to
the principles contained in the Civil Service Reform Act of 1978.
[Footnote 3] For example, recruitment should be from qualified
individuals, and selection and advancement should be determined solely
on the basis of relative ability, knowledge, and skills after fair and
open competition that ensures that all receive equal opportunity.
Also, applicants for employment should receive fair and equitable
treatment in all aspects of personnel management.
Political appointees may also convert to other noncompetitive
positions. For example, Schedule A authority allows an agency to
noncompetitively appoint individuals to positions in the excepted
service for which it is not practical to apply the qualification
standards and requirements established for the competitive service.
Schedule A positions include attorneys governmentwide and other
positions for which a critical hiring need exists or for which it is
impractical to hold a competitive examination. An agency may also
petition OPM to establish Schedule A appointing authority specifically
applicable to it. Also, under 28 U.S.C. 542, the Attorney General may
noncompetitively appoint individuals to assistant U.S. attorney
positions.
OPM is responsible for implementing the Civil Service Reform Act and
other personnel-related laws and for developing regulations to ensure
that all agency personnel actions are in accordance with merit system
principles.[Footnote 4] In a February 18, 2000, memorandum to agency
heads, OPM emphasized agencies' responsibilities to ensure that (1)
all appointments, including conversions, are based on merit, (2) all
personnel actions are based on legitimate management needs, and (3)
records pertaining to all personnel actions clearly show that the
actions are proper and legitimate. The memorandum reminded agencies
that once a Schedule C position has been established, the Schedule C
elements (i.e., its confidential and/or policy-determining
characteristics) may not be unilaterally removed from the position for
the sole purpose of converting the position, along with its incumbent,
into a career position. The memorandum also informed agencies that
appointments of Schedule C and noncareer SES employees to the
competitive service at the GS-15 level or below during the period from
the issuance of the memo through January 31, 2001, required an OPM
preappointment review. The memorandum listed specific information
items that agencies needed to provide OPM for its preappointment
review. These included a description of the procedures followed to
identify candidates, a copy of the vacancy announcement, and a
description of the relationship between the candidate's current and
former positions. The memo also reminded agencies that OPM would
continue its merit staffing reviews of selections for SES career
appointments before they are presented to Qualification Review Boards
for certification of their executive qualifications.
According to agency records, OPM received and reviewed 60 proposed
conversions during the period from February 18, 2000, when it notified
agencies that review would be required, through January 31, 2001.
Forty-nine of these conversions were to GS or equivalent positions in
the career competitive service and 11 were to career SES. OPM approved
all of the proposed conversions to SES positions and 40 of the 49
proposed conversions to GS positions. It disapproved one of the
proposed conversions and agencies withdrew their requests for approval
for four others. The remaining four proposed conversions were pending
OPM approval at the time the new administration took office and
instituted a hiring freeze. OPM returned these proposed conversions
with no action taken.
GAO has issued a number of reports on personnel practices, such as
conversions.[Footnote 5] (See Related GAO Products at the end of this
report.)
Over a Hundred Political Appointees and Congressional Employees
Converted to Career and Other Positions:
Twenty-one of the 45 executive branch agencies we surveyed reported
converting 111 former political appointees and congressional employees
to career and other positions from October 1, 1998, through April 30,
2001. The other 24 agencies reported no conversions during that
period. One hundred of these conversions were former political
appointees, and 11 were congressional employees. Those agencies
accounting for most of the conversions included the Departments of
Justice with 24, Energy with 11, Labor with 8, and Commerce, Defense,
and Treasury with 7 each. Appendix I identifies the 45 agencies
surveyed and the number of conversions for each. Appendix II provides
more detail on the characteristics of the positions to which
individuals were converted, including the grades, salaries, titles of
positions, and appointment dates. The 111 conversions represented far
less than 1 percent of the total number of career appointments the
agencies made during fiscal years 1999 and 2000.
Appropriate Authorities Used, but 17 Conversions Gave the Appearance
of Political Favoritism:
The 21 agencies that reported making conversions used appropriate
appointment authorities to hire each of the 95 individuals we reviewed
(at the GS-12 level and above) and generally followed procedural
requirements called for by merit system principles, according to the
records we reviewed. However, in 17, or about 18 percent, of the
cases, circumstances surrounding the appointments could, we believe,
give the appearance that the political appointees had received
political favoritism or preferences that enhanced their prospects for
appointment. Such appearances can adversely compromise the integrity
of the merit system.
Agencies Used Appropriate Authorities and Generally Adhered to Merit
System Principles in Their Conversions:
The 21 agencies that reported providing career and other appointments
to the 95 former political appointees and congressional employees at
the GS-12 level and above used the appropriate appointment authority
to hire each of them and generally followed merit system principles in
doing so. Agencies can choose from a number of authorities in making
career appointments and must cite the legal authority under which they
are appointing an individual in the documentation they prepare to make
an appointment. OPM guidance and/or federal law establishes the
conditions under which the authorities may be used, and the agencies
used authorities in accordance with that guidance or federal law.
Using 10 different authorities in the conversions we reviewed,
agencies most often cited civil service certificates from the
competitive selection process. The criteria for this authority's use
are identified in the merit staffing plans of each agency.
Appendix III identifies the specific authorities used and the number
of times each was used.
For the conversions we reviewed, agency files indicated that the
agencies generally followed procedural requirements called for by
merit system principles, such as fair and open competition and fair
and equitable treatment of applicants. For example, agencies complied
with the competitive service examination process, which is intended to
ensure that merit system principles are followed. The process includes
notifying the public that the government will accept applications for
a job, rating applications against minimum qualification standards,
and assessing applicants' relative competencies or knowledge, skills,
and abilities against job-related criteria to identify the most
qualified applicants. For the most part, the selection of individuals
for conversion appeared to be done without preferential treatment or
favoritism.
Circumstances Surrounding 17 Appointments Gave the Appearance of
Favoritism or Preferential Treatment:
Seventeen of the 111 political appointees were converted under
circumstances that appeared to provide them an advantage or provide
the appearance of political favoritism. Nine of these appointments
were career competitive ones. The other eight were noncompetitive
appointments to the excepted service.
Four of the nine career competitive appointments involved Schedule C
appointees and gave the appearance of a conversion in place, i.e., an
action that moves the duties and the incumbent of a Schedule C
position from the excepted to the competitive service by unilaterally
removing the position's Schedule C elements”such as its confidential
or policy-determining characteristics. In each of the four cases, the
career position had almost identical roles and responsibilities as the
former political position; in two of the cases, the only major
difference was that the career position did not have the Schedule C
requirement for a close and confidential working relationship with an
appointed official. Also, in all four instances, the career positions
had the same supervisor and same organizational location as the former
political position.
These circumstances make it appear that the Schedule C employee was
merely converted from a political appointee position to an identical
career position. Under such circumstances, one would expect these
applicants to fare well in the qualifications review portion of the
appointment process-which they did. A conversion in place with the
sole purpose of converting the position, along with the incumbent,
into a career position would violate the Civil Service Reform Act of
1978 prohibition against granting any preference or advantage not
authorized by law, rule, or regulation to employees or applicants for
the purpose of improving their prospects for employment.[Footnote 6]
However, proving that the position descriptions were written for the
sole purpose of conversion can be difficult. The agencies that made
these conversions are the Departments of Defense, Energy, Justice, and
Veterans Affairs.
In another of the nine career competitive appointments, the Office of
Management and Budget (OMB) date-stamped the receipt of the
appointee's application a day after the deadline for submitting the
applications. The vacancy announcement not only gave the deadline but
also stated that any one missing that date was ineligible to be
considered for the position. An OMB personnel officer said that the
application may have been received in the mailroom on the closing date
but could produce no evidence of that. This circumstance gives the
appearance that the appointee received favoritism or preferences that
enhanced his prospect of appointment.
The four remaining career competitive cases had various indications of
possible favoritism or unauthorized preferences.
* In one case, although the political appointee's name appears on the
certificate of eligibles, it does not appear on the list of
applicants. A Department of Labor official said this could have been
due to a clerical error, but could not provide any documentation on
when the political appointee's application was received.
* The Department of the Interior allowed a political appointee to
provide input to the position description of a career service position
before the vacancy announcement was issued. The political appointee
applied and was selected for the position.
* In another case, the selecting official at the Department of Labor
provided the political appointee a superior performance rating that
included narrative similar to the high-rated evaluation factors 4 days
after the opening date of the vacancy announcement.
* Last, the Small Business Administration (SBA) canceled a vacancy
announcement under conditions in which multiple qualified candidates
were available but under which it would have been difficult to justify
selecting a former political appointee who was also a candidate
because a preference-eligible disabled veteran was ahead of her on the
eligibility list. SBA shortly thereafter detailed the former political
appointee to the position in a developmental program that she had
previously applied for and had been selected for. Appendix IV provides
the details of each of these nine career appointments.
Finally, four agencies converted a total of eight political appointees
to noncompetitive appointments in close proximity to the presidential
inauguration date of January 20, 2001, after which such political
appointees could have been asked to resign from their positions by the
new administration. While the agencies had the authority to do so, the
timing of these appointments”as a change in administration is
occurring”raises the appearance of political favoritism. For example,
the Department of Justice converted four political appointees to
assistant U.S. attorney positions”three on January 14 and one on
January 22, 2001. U.S. attorneys, who are also political appointees,
made these four appointments. The Department of Treasury also
converted two political appointees to noncompetitive positions on
January 14, 2001”one to a law enforcement appropriations officer
position and the other to a strategic trade advisor position. The
Department of the Interior and the Environmental Protection Agency
each noncompetitively converted one political appointee to an attorney
advisor position on January 14 and 18, 2001, respectively.
Noncompetitive appointment authorities are an important tool for
agencies to use as they try to recruit and retain the best employees.
GAO has encouraged agencies to use such tools and other flexibilities
in managing their human capital. As with any tool, however, agencies
need to avoid situations and appearances that could compromise the
credibility and integrity of the merit system. Appendix V provides
further details of the eight noncompetitive appointments.
Conclusions:
The challenges and responsibilities facing government today require
that federal agencies have the flexibility and independence needed to
manage their operations and achieve results. However, as we have noted
in previous reports, conversions of political appointees from
noncareer to career status presents a dilemma. The number of
conversions reported is small compared to the total number of career
appointments made by agencies, and it is reasonable for individuals
who join the government as political appointees to have the
opportunity to continue a federal career in the competitive or
excepted service. However, the nature of their previous political
appointee positions can create concerns about whether the individuals
received favoritism or improper advantage in the selection process,
even the appearance of which could compromise the integrity of the
merit system.
OPM has established a process to help ensure that conversions
occurring during presidential election periods meet merit system
principles. While this process has in fact been successful in
identifying and preventing improper conversions, as we point out in
this report, questionable conversions can sometimes still occur.
We referred these 17 conversions to OPM for review and action as
appropriate because the circumstances surrounding each could give the
appearance of political favoritism or preference. These include those
conversions that were not subject to OPM's preappointment review
because they were exempted, such as the non-competitive appointments
to the excepted service, or because the timing of the conversion
preceded establishment of the preappointment requirement.
Agency Comments:
We obtained comments on a draft of this report from the director,
Office of Personnel Management. The director said our draft report
accurately described OPM's process for preappointment review of
conversions during the presidential election periods. The director
also agreed that even the appearance of favoritism needed to be
avoided. The director noted that the eight cases involving excepted
service appointments discussed in the report would not have come to
OPM for review under the criteria spelled out in OPM's February 18,
2000, memorandum to agencies on the preappointment process. In
addition, the director responded that the merit staffing elements of
the two SES cases were considered by OPM as part of the standard
processing of cases for initial appointment to the SES. Regarding the
seven Schedule C cases, four occurred before OPM's review period began
on February 18, 2000, and OPM reviewed the other three. The director
also stated that OPM did review three of the Schedule C cases listed.
Finally, the director stated that she has asked her staff to revisit
the cases discussed in the report.
We also confirmed the data in appendixes II, IV, and V by sending to
the agencies that reported the data the relevant sections for their
review.
OPM's comments are reprinted in appendix VII.
We did our work in Washington, D.C., from April 1999 through November
2001 in accordance with U.S. generally accepted government auditing
standards. Appendix VI provides the details of our scope and
methodology.
As agreed with your offices, unless you announce the contents of this
report earlier, we plan no further distribution until 30 days after
the date of this report. At that time we will send copies to
Representative Danny K. Davis, Ranking Member, the Subcommittee on
Civil Service and Agency Organization, House Committee on Government
Reform; Senator John F. Kerry, Ranking Minority Member, Senate
Committee on Small Business and Entrepreneurship; Representative Dan
Burton, Chairman, and Representative Henry A. Waxman, Ranking Minority
Member, House Committee on Government Reform; Representative John
Conyers, Jr., Ranking Minority Member, Senate Committee on the
Judiciary; and the Honorable Kay Coles James, Director, Office of
Personnel Management. In addition, copies will be sent to other
congressional committees, the heads of the 45 agencies who reported
information to us, and other interested parties. We will also make
copies available to others on request.
Major contributors to this report were Richard Caradine, Carolyn
Samuels, Domingo Nieves, Clifton Douglas, Jr., Steven Berke, and
Casandra Joseph. Please contact me on (202) 512-6806 if you have any
questions.
Signed by:
George H. Stalcup:
Director, Strategic Issues:
[End of section]
Appendix I: Executive Branch Agencies and Departments and Their
Conversions:
The criteria used to select the executive branch agencies and
departments were: (1) all cabinet-level departments and agencies, (2)
agencies that had oversight or other regular responsibilities for
federal workforce issues, and (3) departments and agencies of
particular interest to the congressional
requesters of the review. The following lists the 45 agencies and
departments selected and the number of conversions reported.
1. Department of Agriculture - 6.
2. Department of Commerce - 7.
3. Department of Defense (Office of the Secretary, Air Force, Army,
and Navy) - 7.
4. Department of Education - 5.
5. Department of Energy - 11.
6. Department of Health and Human Services - 5.
7. Department of Housing and Urban Development - 1.
8. Department of the Interior - 5.
9. Department of Justice - 24.
10. Department of Labor - 8.
11. Department of State - 5.
12. Department of Transportation - 2.
13. Department of the Treasury - 7.
14. Department of Veterans Affairs - 4.
15. African Development Foundation - 0.
16. Commission on Civil Rights - 0.
17. Consumer Product Safety Commission - 0.
18. Corporation for National Service - 0.
19. Environmental Protection Agency - 4.
20. Equal Employment Opportunity Commission - 1.
21. Export-Import Bank of the United States - 0.
22. Federal Aviation Administration - 0.
23. Federal Labor Relations Authority - 0.
24. Federal Maritime Commission - 0.
25. Federal Mediation and Conciliation Service - 0.
26. Federal Retirement and Thrift Investment Board - 0.
27. Federal Trade Commission - 0.
28. Inter-American Foundation - 0.
29. Merit Systems Protection Board - 0.
30. National Endowment for the Arts - 0.
31. National Endowment for the Humanities - 0.
32. National Labor Relations Board - 0.
33. National Mediation Board - 0.
34. Occupational Safety and Health Review Commission - 0.
35. Office of Government Ethics - 0.
36. Office of Management and Budget - 1.
37. Office of Personnel Management - 0.
38. Office of Special Counsel - 1.
39. Office of the United States Trade Representative - 1.
40. Overseas Private Investment Corporation - 0.
41. Peace Corps - 0.
42. Pension Benefit Guaranty Corporation - 0.
43. Small Business Administration - 3.
44. United States Institute of Peace - 0.
45. United States International Trade Commission - 3.
[End of section]
Appendix II: Political Appointees Converted to Term, Career, and Other
Positions by Agency from October 1, 1998, through April 30, 2001:
Department of Agriculture:
Career or other position title and office: Deputy Director Operations,
Office of Operations;
Career grade and salary[A]: ES-0301-00/05; $125,900;
Date appointed/entered on duty: 03/14/99;
Former political position title, office, and agency: Deputy
Administrator for Management; Farm Service Agency; Department of
Agriculture;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0301-00/05; $125,900.
Career or other position title and office: Program Analyst, Natural
Resources Conservation Service, Outreach Division;
Career grade and salary[A]: GS-0343-13/03; $64,949;
Date appointed/entered on duty: 06/04/00;
Former political position title, office, and agency: Confidential
Assistant to the Chief, Natural Resources Conservation Service,
Department of Agriculture;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-13/02; $59,961.
Career or other position title and office: Assistant Administrator for
Public Liaison[B], Cooperative State Research Education, and Extension
Service;
Career grade and salary[A]: GS-0301-15/10; $110,028;
Date appointed/entered on duty: 07/02/00;
Former political position title, office, and agency: Confidential
Assistant to the Administrator, Agricultural Research Service,
Department of Agriculture,
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/10; $110,028.
Career or other position title and office: Director, Conservation
Communications Staff, Natural Resources Conservation Service;
Career grade and salary[A]: GS-1035-15/10; $114,224;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Special Assistant
to the Secretary & White House, Department of the Interior;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/10; $110,028,
Career or other position title and office: Staff Assistant[B], Risk
Management Agency,
Career grade and salary[A]: GS-0301-13/03; $67,427;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Confidential
Assistant, Risk Management Agency, Department of Agriculture;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-12/06; $62,013.
Career or other position title and office: Management Analyst[B], Risk
Management Agency;
Career grade and salary[A]: GS-0343-13/10; $80,279;
Date appointed/entered on duty: 04/22/01;
Former political position title, office, and agency: State Executive
Director, Texas State Office, Department of Agriculture;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-14/10; $94,862.
Department of Commerce:
Career or other position title and office: Government Liaison, Bureau
of Census;
Career grade and salary[A]: GS-0301-14/10; $85,978;
Date appointed/entered on duty: 11/22/98;
Former political position title, office, and agency: Congressional
Affairs Officer, Bureau of Census, Department of Commerce;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GM-
0301-15/00; $90,767.
Career or other position title and office:
Intergovernmental/Partnership Specialist[B], Office of the Secretary;
Career grade and salary[A]: GS-0301-13/02; $59,961;
Date appointed/entered on duty: 01/31/99;
Former political position title, office, and agency: Legislative
Affairs Specialist, Office of the Secretary, Department of Commerce;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-13/02; $59,961.
Career or other position title and office: Outreach Program
Specialist[B], National Oceanic & Atmospheric Administration;
Career grade and salary[A]: ZA-0301-04/02; $82,000;
Date appointed/entered on duty: 05/17/99;
Former political position title, office, and agency: Senior
Legislative Assistant, U.S. Senate;
Type of appointment, noncareer grade, and salary[B]: Legislative
branch employee; $72,000.
Career or other position title and office: Supervisory International
Trade Specialist, International Trade Administration;
Career grade and salary[A]: GS-1140-14/02; $70,855;
Date appointed/entered on duty: 09/27/99;
Former political position title, office, and agency: Special
Assistant, Office of the Deputy Assistant Secretary for Technology and
Aerospace Industries, Department of Commerce;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-14/02; $66,707.
Career or other position title and office: Program Analyst[B], Office
of the Director, National Institute of Standards & Technology;
Career grade and salary[A]: ZA-0343-III/01; $48,000;
Date appointed/entered on duty: 10/10/99;
Former political position title, office, and agency: Legislative
Affairs Specialist, Office of the Secretary, Department of Commerce;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-11; $40,714.
Career or other position title and office: Regional Director, Economic
Development Administration, Denver Regional Office;
Career grade and salary[A]: ES-0301-00/01; $111,671;
Date appointed/entered on duty: 12/19/99;
Former political position title, office, and agency: State Director,
Rural Development, Department of Agriculture;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GM-
0301-15/00; $92,354.
Career or other position title and office: Deputy Under Secretary for
Economic Affairs, Economic & Statistics
Administration;
Career grade and salary[A]: ES-0301-00/06; $130,200;
Date appointed/entered on duty: 06/04/00;
Former political position title, office, and agency: Chief Economist,
Economic & Statistics Administration, Department of Commerce;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0110-00/05; $120,886.
Department of Defense:
Career or other position title and office: Program Analyst[B], Defense
Security Cooperation Agency;
Career grade and salary[A]: GS-0343-14/01; $68,570;
Date appointed/entered on duty: 05/09/99;
Former political position title, office, and agency: Program Analyst,
Defense Security Cooperation Agency, Department of Defense;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0343-13/04; $63,829.
Career or other position title and office: Family Support Liaison[B],
Defense, Prisoner of War/Missing, Personnel Office;
Career grade and salary[A]: GS-0301-15/10; $104,851;
Date appointed/entered on duty: 11/21/99;
Former political position title, office, and agency: Special Assistant
for Family Advocacy & External Relations, Defense, Prisoner of
War/Missing, Personnel Office, Department of Defense;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/10; $104,851.
Career or other position title and office: Program Analyst[B], Deputy
Under Secretary of Defense;
Career grade and salary[A]: NH-0343-III/00; $60,830;
Date appointed/entered on duty: 01/16/00 Staff Specialist
Former political position title, office, and agency: Deputy Under
Secretary of Defense, Department of Defense;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-12/04; $56,324.
Career or other position title and office: Foreign Affairs
Specialist[B], Threat Reduction, Nonproliferation Policy;
Career grade and salary[A]: GS-0130-15/02; $87,459;
Date appointed/entered on duty: 05/21/00;
Former political position title, office, and agency: Defense Fellow,
Washington Headquarters Services, Department of Defense;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/02; $87,459.
Career or other position title and office: Director of Defense,
Procurement, Acquisition & Technology, Office of the Under Secretary
of Defense;
Career grade and salary[A]: ES-1102-00/06; $133,477;
Date appointed/entered on duty: 06/04/00;
Former political position title, office, and agency: Administrator,
Office of Federal Procurement Policy, Office of Management and Budget;
Type of appointment, noncareer grade, and salary[B]: Presidential
appointee; EX-0301-03/00; $133,477.
Career or other position title and office: Writer-Editor[B], Executive
Secretariat;
Career grade and salary[A]: GS-1082-11/07; $53,221;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Staff Assistant,
Office of the Secretary of Defense, Department of Defense;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-12/01; $53,156.
Career or other position title and office: Foreign Affairs
Specialist[B], Assistant Secretary of Defense;
Career grade and salary[A]: GS-0130-12/07; $63,785;
Date appointed/entered on duty: 01/28/01;
Former political position title, office, and agency: Special Assistant
to the Assistant Secretary of Defense, Department of Defense;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
301-13/01; $63,211.
Department of Education:
Career or other position title and office: Management & Program
Analyst[B], Office of Intergovernmental, Interagency Affairs;
Career grade and salary[A]: GS-0343-14/04; $75,427;
Date appointed/entered on duty: 05/23/99;
Former political position title, office, and agency: Special
Assistant, Office of Intergovernmental, Interagency Affairs,
Department of Education;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-14/04; $75,427.
Career or other position title and office: Management Analyst[B],
Office of the Chief Information Officer;
Career grade and salary[A]: GS-0343-13/01; $60,890;
Date appointed/entered on duty: 05/21/00;
Former political position title, office, and agency: Special
Assistant, Office of Elementary & Secondary Education, Department of
Education;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-13/01; $60,890.
Career or other position title and office: Education Program
Analyst[B], Office of Elementary & Secondary Education;
Career grade and salary[A]: GS-1720-14/01; $71,954;
Date appointed/entered on duty: 06/04/00;
Former political position title, office, and agency: Special
Assistant, Office of Elementary & Secondary Education, Department of
Education;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-14/01; $71,954.
Career or other position title and office: Management Program
Analyst[B], Office of Special Education and Rehabilitation Services;
Career grade and salary[A]: GS-0343-14/10; $93,537;
Date appointed/entered on duty: 12/17/00;
Former political position title, office, and agency: Deputy Assistant
Secretary, Office of Legislation and Congressional
Affairs, Department of Education;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/01; $93,101.
Career or other position title and office: Program Analyst[B], Office
of Elementary & Secondary Education;
Career grade and salary[A]: GS-0343-13/07; $75,857;
Former political position title, office, and agency: Date
appointed/entered on duty: 01/14/01;
Special Assistant, Office of Post Secondary Education, Department of
Education;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-14/01; $74,697.
Department of Energy:
Career or other position title and office: Foreign Affairs
Specialist[B], Office of Nonproliferation & National Security;
Career grade and salary[A]: GS-0130-12/02; $48,635;
Former political position title, office, and agency: Date
appointed/entered on duty: 11/22/98;
Staff Assistant, Office of Intelligence, Department of Energy;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-12/02; $48,635.
Career or other position title and office: Deputy Director[B], Office
of Counterintelligence;
Career grade and salary[A]: ES-0340-00/01; $110,351;
Date appointed/entered on duty: 07/04/99;
Former political position title, office, and agency: Professional
Staff Member, House Permanent Select Committee on Intelligence, House
of Representatives;
Type of appointment, noncareer grade, and salary[B]: Legislative
branch employee; $80,000.
Career or other position title and office: Director[B], Office of
Planning & Analysis;
Career grade and salary[A]: ES-0301-00/01; $110,351;
Date appointed/entered on duty: 10/01/99;
Former political position title, office, and agency: Senior Staff
Advisor, Office of Science, Department of Energy;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/05; $91,410.
Career or other position title and office: Budget Analyst, Office of
Chief Financial Officer;
Career grade and salary[A]: GS-0560-15/02; $83,346;
Date appointed/entered on duty: 12/19/99;
Former political position title, office, and agency: Staff Assistant,
Office of Chief Financial Officer, Department of Energy;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/02; $83,346.
Career or other position title and office: Program Specialist[B],
Office of Intelligence;
Career grade and salary[A]: GS-0301-13/09; $77,126.
Date appointed/entered on duty: 02/13/00;
Former political position title, office, and agency: Senior Program
Analyst, Office of Intelligence, Department of Energy;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-14/03; $75,750.
Career or other position title and office: Associate Chief Financial
Officer, National Nuclear Security Administration;
Career grade and salary[A]: ES-0301-00/02; $121,264;
Date appointed/entered on duty: 6/18/00;
Former political position title, office, and agency: Associate Chief
Financial Officer, Budget, Planning & Financial Management, Department
of Energy;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0505-15/10; $110,028.
Career or other position title and office: Attorney Advisor[B],
Immediate Office of the General Counsel;
Career grade and salary[A]: GS-0905-13/05; $69,008;
Date appointed/entered on duty: 02/27/00;
Former political position title, office, and agency: Special Assistant
to the General Counsel (Attorney-Advisor), Office of the General
Counsel, Department of Energy;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0905-15/01; $84,638.
Career or other position title and office: Senior Advisor for
Organizational Systems Development, Strategic Planning, &
Implementation[B], National Nuclear Security Administration;
Career grade and salary[A]: ES-0301-00/06; $133,700;
Date appointed/entered on duty: 01/19/01;
Former political position title, office, and agency: Principal Deputy
Assistant Secretary of Operations, National Nuclear Security
Administration, Department of Energy;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0301-00/06; $133,700.
Career or other position title and office: Contract Management
Specialist[B], Assistant Secretary for Environmental Management;
Career grade and salary[A]: GS-0301-12/05; $60,242;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Confidential
Assistant, Assistant Secretary for Environmental
Management, Department of Energy;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-12/05; $60,242.
Career or other position title and office: Director[B], Policy
Planning, Assessment & Analysis Staff;
Career grade and salary[A]: ES-0301-00/05; $133,700;
Date appointed/entered on duty: 03/21/01;
Former political position title, office, and agency: Consultant,
National Nuclear Security Administration, Department of Defense;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; EF-
0301-00/00; $480.00 per diem.
Career or other position title and office: Director, Chicago Regional
Office;
Career grade and salary[A]: GS-0301-15/04; $95,185;
Date appointed/entered on duty: 11/19/00;
Former political position title, office, and agency: Special
Assistant, Assistant Secretary for Energy Efficiency & Renewable
Energy, Department of Energy;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/04; $93,101.
Department of Health and Human Services:
Career or other position title and office: Supervisory Tribal Child
Support Program Specialist, Child Support Enforcement;
Career grade and salary[A]: GS-0101-15/10; $110,028;
Date appointed/entered on duty: 05/21/00;
Former political position title, office, and agency: Commissioner,
Administration for Native Americans, Administration for Children &
Families, Department of Health and Human Services;
Type of appointment, noncareer grade, and salary[B]: Presidential
appointee; EX-0301-V/00; $114,500.
Career or other position title and office: Health Insurance
Specialist, Office of the Administrator, Office of Legislation,
Congressional Affairs Group;
Career grade and salary[A]: GS-107-09/01; $35,310;
Date appointed/entered on duty: 01/02/01;
Former political position title, office, and agency: Legislative
Correspondent, U.S. Senate;
Type of appointment, noncareer grade, and salary[B]: Legislative
branch employee; $25,950.
Career or other position title and office: Supervisory Program
Analysis Officer, Administration for Children &
Families;
Career grade and salary[A]: GS-0343-15/10; $114,224;
Date appointed/entered on duty: 01/02/01;
Former political position title, office, and agency: Executive
Assistant, Office of the Assistant Secretary, Planning
and Evaluation, Department of Health & Human Services;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GM-
0301-15/00; $80,834.
Career or other position title and office: Public Affairs Specialist,
Health Care Financing Administration;
Career grade and salary[A]: GS-1035-11/02; $44,148;
Date appointed/entered on duty: 09/10/00;
Former political position title, office, and agency: Confidential
Assistant, Executive Association Administrator, Department of Health &
Human Services;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-11/02; $44,148.
Career or other position title and office: Program Analyst, National
Institutes of Health;
Career grade and salary[A]: GS-0343-14/08; $92,128;
Date appointed/entered on duty: 3/11/01;
Former political position title, office, and agency: Special Assistant
DASL-HS, Office of the Secretary, Department of Health & Human
Services;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/02; $90,793.
Department of Housing and Urban Development:
Career or other position title and office: Reform Issues Manager[B],
Administration;
Career grade and salary[A]: GS-0301-15/08; $99,474;
Date appointed/entered on duty: 02/28/99;
Former political position title, office, and agency: Director,
Executive Secretariat, Department of Housing & Urban Development;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/08; $99,474.
Department of the Interior:
Career or other position title and office: Director of Diversity and
Human Resources[B], Reclamation Service Center, Diversity & Human
Resources Office;
Career grade and salary[A]: ES-0340-00/04; $125,900;
Date appointed/entered on duty: 06/06/99;
Former political position title, office, and agency: Deputy Assistant
Secretary Assistant Secretary Policy, Management &
Budget, Department of the Interior;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0301-00/04; $125,900.
Career or other position title and office: Special Assistant to the
Director, Office of the Director, U.S. Fish and Wildlife Service;
Career grade and salary[A]: GS-0301-15/10; $110,028;
Date appointed/entered on duty: 04/09/00;
Former political position title, office, and agency: Special
Assistant, Special Assistant to the Commissioner, Bureau of
Reclamation, Department of the Interior;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0301-00/04; $130,200.
Career or other position title and office: Executive Director,
Invasive Species Council, Office of the Secretary;
Career grade and salary[A]: GS-0301-15/08; $104,386;
Date appointed/entered on duty: 07/30/00;
Former political position title, office, and agency: Special Assistant
to the Director, U.S. Fish & Wildlife, Region 9, Office of the
Director, Department of the Interior;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/08; $104,386.
Career or other position title and office: Attorney-Advisor (General),
Southwest Region;
Career grade and salary[A]: GS-0905-15/10; $111,581;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Associate
Solicitor - Land and Water Resources, Division of Land and Water
Resources, Department of the Interior;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0905-00/04; $133,700.
Career or other position title and office: Communications Officer,
Office of Surface Mining;
Career grade and salary[A]: GS-0301-15/10; $114,224;
Date appointed/entered on duty: 01/21/01;
Former political position title, office, and agency: Director of
Communications, Office of the Secretary, Department of the Interior;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0301-00/06; $133,700.
Department of Justice:
Career or other position title and office: Assistant U.S. Attorney,
U.S. Attorney‘s Office, Central District of California;
Career grade and salary[A]: AD-0905-21/00; $67,234;
Date appointed/entered on duty: 10/25/98;
Former political position title, office, and agency: Deputy Director,
Violence Against Women Office, Office of the Assistant Attorney
General, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0905-15/02; $80,391.
Career or other position title and office: Secretary, U.S. Attorney‘s
Office, District of South Dakota;
Career grade and salary[A]: GS-0318-09/04; $35,088;
Date appointed/entered on duty: 11/22/98;
Former political position title, office, and agency: Secretary, Office
of Automation, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0318-09/04; $35,088.
Career or other position title and office: Immigration Judge,
Executive Office of Immigration Review, Office of the Chief
Immigration Judge;
Career grade and salary[A]: IJ-0905-00/04; $122,065;
Date appointed/entered on duty: 12/06/98;
Former political position title, office, and agency: U.S. Attorney,
Northern District of California, Executive Office of U.S. Attorneys,
Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Presidential
appointee; AD-0905-01/00; $118,300.
Career or other position title and office: Web Manager[B], Office of
the Assistant Attorney General;
Career grade and salary[A]: GS-0301-14/08; $84,570;
Date appointed/entered on duty: 07/18/99;
Former political position title, office, and agency: Special Assistant
to the Administrator, Bureau of Justice Statistics, Office of Justice
Programs, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/02; $83,346.
Career or other position title and office: Assistant U.S. Attorney,
District of New Mexico;
Career grade and salary[A]: AD-0905-24/00; $59,287;
Date appointed/entered on duty: 03/22/99;
Former political position title, office, and agency: Legislative
Assistant, United States Senate;
Legislative branch employee; $46,500.
Career or other position title and office: Assistant U.S. Attorney,
U.S. Attorney‘s Office, Eastern District of New York;
Career grade and salary[A]: AD-0905-29/00; $109,113;
Date appointed/entered on duty: 07/18/99;
Former political position title, office, and agency: Deputy Assistant
Attorney General, Office of the Assistant Attorney General, Department
of Justice;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0905-00/04; $125,900.
Career or other position title and office: Executive Resources Program
Manager[B], Director, Executive Office for
U.S. Attorneys;
Career grade and salary[A]: GS-0301-15/02; $83,346;
Date appointed/entered on duty: 08/01/99;
Former political position title, office, and agency: Special Assistant
to the Secretary for Scheduling, Office of Management &
Administration, Department of Energy;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/02; $83,346.
Career or other position title and office: Policy Analyst[B], Office
of the Director, Community Relations Service;
Career grade and salary[A]: GS-0301-14/01; $68,570;
Date appointed/entered on duty: 11/07/99;
Former political position title, office, and agency: Special Assistant
to the Director, Community Relations Service, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-14/01; $68,570.
Career or other position title and office: Senior Advisor to the
Director[B], Executive Office for Immigration
Review, Office of the Director;
Career grade and salary[A]: GS-0905-15/10; $110,028;
Date appointed/entered on duty: 03/26/00;
Former political position title, office, and agency: Professional
Staff Member, Committee on Appropriations, House of Representatives;
Type of appointment, noncareer grade, and salary[B]: Legislative
branch employee; $124,000.
Career or other position title and office: Legal Secretary, U.S.
Attorney‘s Office, Western District of Louisiana;
Career grade and salary[A]: GS-0986-07/10; $36,741;
Date appointed/entered on duty: 02/13/00;
Former political position title, office, and agency: Secretary, U.S.
Attorney‘s Office, Western District of Louisiana, Department of
Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0318-10/05; $43,154.
Career or other position title and office: Paralegal Assistant, U.S.
Attorney‘s Office, Eastern Division, Wisconsin;
Career grade and salary[A]: GS-0986-08/10; $41,092;
Date appointed/entered on duty: 02/13/00;
Former political position title, office, and agency: Secretary to the
U.S. Attorney, U.S. Attorney‘s Office, Eastern Division, Wisconsin,
Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0318-10/05; $43,578.
Career or other position title and office: Assistant U.S. Attorney, U.
S. Attorney‘s Office, Northern District of California;
Career grade and salary[A]: AD-0905-21/00; $71,996;
Date appointed/entered on duty: 04/23/00;
Former political position title, office, and agency: Assistant to the
Attorney General, Office of the Attorney General, Department of
Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0905-14/01; $71,954.
Career or other position title and office: Assistant Director,
Communications Division, Office of Community Oriented Policing Service;
Career grade and salary[A]: GS-0301-15/01; $84,638;
Date appointed/entered on duty: 06/18/00;
Former political position title, office, and agency: Chief of Staff,
Office of Boards & Divisions, Office of Community Oriented Policing
Service, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/01; $84,638.
Career or other position title and office: Assistant United States
Attorney, U.S. Attorneys Office, Southern District of Florida;
Career grade and salary[A]: AD-0905-29/00; $112,490;
Date appointed/entered on duty: 08/13/00;
Former political position title, office, and agency: Deputy Chief of
Staff, Office of the Attorney General, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0905-00/01; $115,811.
Career or other position title and office: Public Affairs
Specialist[B], U.S. Attorney‘s Office, Maryland;
Career grade and salary[A]: GS-1035-11/07; $51,269;
Date appointed/entered on duty: 12/17/00;
Former political position title, office, and agency: Secretary, U.S.
Attorney‘s Office, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0318-10/10; $50,554.
Career or other position title and office: Assistant U.S. Attorney,
U.S. Attorney‘s Office, District of Columbia;
Career grade and salary[A]: AD-0905-29/00; $116,017;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Associate Deputy
Attorney General, Office of the Deputy Attorney General, Department of
Justice;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0905-00/04; $133,700.
Career or other position title and office: Assistant U.S. Attorney,
U.S. Attorney‘s Office, District of Columbia;
Career grade and salary[A]: AD-0905-29/00; $116,017;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Associate Deputy
Attorney General, Office of the Deputy Attorney General, Department of
Justice;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0905-00/04; $133,700.
Career or other position title and office: Assistant U.S. Attorney,
U.S. Attorney‘s Office, District of Columbia;
Career grade and salary[A]: AD-0905-21/00; $77,216;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Counsel to the
Attorney General, Office of the Attorney General, Department of
Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0905-14/02; $77,187.
Career or other position title and office: Assistant U.S. Attorney,
U.S. Attorney‘s Office, Eastern District of Virginia;
Career grade and salary[A]: AD-0905-29/00; $116,017;
Date appointed/entered on duty: 01/22/01;
Former political position title, office, and agency: Deputy Assistant
Attorney General, Criminal Division, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0905-00/04; $133,700.
Career or other position title and office: Legal Secretary (Office
Automation), Nevada;
Career grade and salary[A]: GS-0986-07/09; $37,077;
Date appointed/entered on duty: 02/11/01;
Former political position title, office, and agency: Secretary, U.S.
Attorney‘s Office, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0318-09/02; $37,001.
Career or other position title and office: Legal Secretary (Office
Automation), New Hampshire;
Career grade and salary[A]: GS-0986-07/10; $38,053;
Date appointed/entered on duty: 03/25/01;
Former political position title, office, and agency: Secretary, U.S.
Attorney‘s Office, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0318-10/05; $44,693.
Career or other position title and office: Regional Director,
Community Relations Service;
Career grade and salary[A]: GS-0340-15/10; $110,180;
Date appointed/entered on duty: 11/19/00;
Former political position title, office, and agency: U.S. Marshal,
U.S. Marshals Service, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Presidential
appointee; GS-0082-15/10; $110,180.
Career or other position title and office: Budget Analyst, Justice
Management Division;
Career grade and salary[A]: GS-0303-07/02; $30,965;
Date appointed/entered on duty: 01/21/01;
Former political position title, office, and agency: Staff Assistant,
Office of Attorney General, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0303-07/02; $30,965.
Career or other position title and office: Criminal Investigator,
Judicial Security Division, Court Security, U.S. Marshals Service;
Career grade and salary[A]: GS-1811-13/10; $77,507.
Date appointed/entered on duty: 08/05/00;
Former political position title, office, and agency: Deputy Director,
U.S. Marshals Service, Department of Justice;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0340-00/04; $130,200.
Department of Labor:
Career or other position title and office: General Attorney, Office of
the Solicitor, Division of Civil Rights;
Career grade and salary[A]: GS-0905-12/01; $48,796;
Date appointed/entered on duty: 10/24/99;
Former political position title, office, and agency: Special Assistant
to the Assistant Secretary, Pension & Welfare Benefits Administration,
Department of Labor;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-12/01; $48,796.
Career or other position title and office: Management Analyst, Office
of Small Business Programs;
Career grade and salary[A]: GS-0343-14/07; $82,284;
Date appointed/entered on duty: 12/19/99;
Former political position title, office, and agency: Special
Assistant, Office of the Assistant Secretary for Administration &
Management, Department of Labor;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-14/07; $82,284;
Career or other position title and office: Lead Program Analyst,
Occupational Safety & Health Administration;
Career grade and salary[A]: GS-0343-14/04; $75,427;
Date appointed/entered on duty: 12/05/99;
Former political position title, office, and agency: Legislative
Director, House of Representatives;
Type of appointment, noncareer grade, and salary[B]: Legislative
branch employee; $45,000.
Career or other position title and office: Program Analyst,
Occupational Safety & Health Administration, Directorate of
Federal/State Operations, Office of Cooperative Programs;
Career grade and salary[A]: GS-0343-11/01; $42,724;
Date appointed/entered on duty: 3/12/00;
Former political position title, office, and agency: Counsel,
Committee on Budget, House of Representatives;
Type of appointment, noncareer grade, and salary[B]: Legislative
branch employee; $72,100.
Career or other position title and office: Manpower Analyst[B],
Employment & Training Administration, Office of the
Assistant Secretary;
Career grade and salary[A]: GS-0140-15/10; $110,028;
Date appointed/entered on duty: 04/09/00;
Former political position title, office, and agency: Special Assistant
to the President for Economic Policy, Office of Policy Development,
National Economic Council, Executive Office of the President;
Type of appointment, noncareer grade, and salary[B]: Executive Office
of the President; AD-0301-00/00; $97,500.
Career or other position title and office: Director, Administration &
Management, Mine Safety & Health Administration;
Career grade and salary[A]: ES-0341-00/01; $115,811;
Date appointed/entered on duty: 09/24/00;
Former political position title, office, and agency: Legislative
Assistant, Appropriations Committee, U.S. Senate;
Type of appointment, noncareer grade, and salary[B]: Legislative
branch employee; $123,074.
Career or other position title and office: Lead Apprenticeship &
Training Representative[B], Employment & Training Administration;
Career grade and salary[A]: GS-0243-14/10; $93,537;
Date appointed/entered on duty: 07/30/00;
Former political position title, office, and agency: Special Assistant
to the Assistant Secretary, Occupational Safety and Health
Administration, Department of Labor;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/05; $95,923.
Career or other position title and office: Member, Benefits Review
Board, Office of the Deputy Secretary, Office of the Secretary of
Labor;
Career grade and salary[A]: SL-0905-00/00; $121,264;
Date appointed/entered on duty: 12/31/00;
Former political position title, office, and agency: Assistant
Secretary for Mine Safety and Health Administration, Office of the
Assistant Secretary, Department of Labor;
Type of appointment, noncareer grade, and salary[B]: Presidential
appointee; EX-0340-04/00; $122,400.
Department of State:
Career or other position title and office: Program Analyst, Bureau of
Population, Refugees,
and Migration, Office of Multilateral & External Relations;
Career grade and salary[A]: GS-0343-13/03; $61,895;
Date appointed/entered on duty: 09/26/99;
Former political position title, office, and agency: Special
Assistant, Office of the Assistant Secretary, Department of State;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-13/03; $61,895.
Career or other position title and office: Secretary-Stenographer,
Bureau of Arms Control;
Career grade and salary[A]: GS-0343-09/10; $43,743;
Date appointed/entered on duty: 10/10/99;
Former political position title, office, and agency: Staff Assistant,
Bureau of Arms Control, Department of State;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0303-10/07; $44,467.
Career or other position title and office: Program Analyst, Office of
Europe/Bureau of International Narcotics and
Matters/Multilateral Programs;
Career grade and salary[A]: GS-0343-11/10; $55,541;
Date appointed/entered on duty: 02/13/00;
Former political position title, office, and agency: Foreign Affairs
Officer (Staff Assistant), Office of Assistant Secretary, Department
of State;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0130-12/03; $54,618.
Career or other position title and office: Foreign Affairs Officer[B],
Bureau for International Narcotics & Law Enforcement Affairs;
Career grade and salary[A]: GS-0130-14/08; $92,128;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Special Advisor,
Office of Assistant Secretary, Bureau for International Narcotics &
Law Enforcement Affairs, Department of State;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0130-15/02; $90,793.
Career or other position title and office: Foreign Affairs Officer[B],
Bureau for International Narcotics & Law Enforcement Affairs;
Career grade and salary[A]: GS-0130-14/10; $97,108;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Special
Assistant, Office of Assistant Secretary, Bureau for International
Narcotics & Law, Enforcement Affairs, Department of State;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0130-15/05; $99,580.
Department of Transportation:
Career or other position title and office: Executive & Legislative
Assistant[B], Office of the Chairman, Surface
Transportation Board;
Career grade and salary[A]: GS-0301-12/07; $58,556;
Date appointed/entered on duty: 04/11/99;
Former political position title, office, and agency: Confidential
Assistant to the Chairman, Office of the Chairman, Surface
Transportation Board, Department of the Treasury;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-12/07; $58,556.
Career or other position title and office: Director of Human Resource
Management, Office of the Assistant Secretary
for Administration;
Career grade and salary[A]: ES-0340-00/04; $133,259;
Date appointed/entered on duty: 08/13/00;
Former political position title, office, and agency: Deputy Assistant
Secretary for Human Resources, Department of the Interior;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0301-00/04; $130,200.
Department of the Treasury:
Career or other position title and office: Secretary (Typing), Bank
Supervision (Policy), Core Policy, Capital Policy Division;
Career grade and salary[A]: OC-0318-08/00; $33,074;
Date appointed/entered on duty: 09/26/99;
Former political position title, office, and agency: Secretary
(Typing), Office of National Drug Control Policy, Executive Office of
the President;
Type of appointment, noncareer grade, and salary[B]: Executive Office
of the President; GS-0318-08/05; $34,525.
Career or other position title and office: Assistant Director (Artesia
Operations)[B], Federal Law Enforcement
Training Center;
Career grade and salary[A]: ES-0301-00/03; $124,185;
Date appointed/entered on duty: 03/19/00;
Former political position title, office, and agency: Assistant to the
Attorney General, Immediate Office of Attorney General, Department of
Justice;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0340-00/05; $130,200.
Career or other position title and office: Domestic Counter-Money
Laundering Advisor to the Assistant Secretary[B], Under Secretary
(Enforcement);
Career grade and salary[A]: GS-0301-15/10; $114,224;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Senior Policy
Advisor, Departmental Offices, Under Secretary (Enforcement),
Department of the Treasury;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/10; $104,851.
Career or other position title and office: Deputy Assistant Secretary
(Regulatory Affairs), Departmental Offices, Assistant Secretary (Tax
Policy);
Career grade and salary[A]: ES-0301-00/04; $133,700;
Date appointed/entered on duty: 03/25/01;
Former political position title, office, and agency: Senior Advisor
for Policy, Departmental Offices, Assistant Secretary
(Tax Policy), Department of the Treasury;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0301-00/04; $133,700.
Career or other position title and office: Law Enforcement
Appropriations Officer[B], Congressional Affairs, U.S. Customs Service;
Career grade and salary[A]: GS-0301-15/10; $114,224;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Assistant
Commissioner, Congressional Affairs, Department of the Treasury;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0301-00/01; $120,261.
Career or other position title and office: Strategic Trade Advisor[B],
Strategic Trade;
Career grade and salary[A]: GS-1801-15/10; $114,224;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Ombudsman, Office
of the Commissioner, U.S. Customs Service, Department of the Treasury;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0340-00/01; $120,261.
Career or other position title and office: Director, Research,
Analysis, and Statistics of Income, Internal Revenue Service;
Career grade and salary[A]: ES-0340-00/06; $133,700;
Date appointed/entered on duty: 03/21/01;
Former political position title, office, and agency: Senior Policy
Advisor, Energy Information Administration, Department of Energy;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0301-00/06; $133,700.
Department of Veterans Affairs:
Career or other position title and office: Staff Director[B], Office
of the Deputy Under Secretary for Memorial Affairs;
Career grade and salary[A]: GS-0301-15/07; $101,565;
Date appointed/entered on duty: 05/07/00;
Former political position title, office, and agency: Special
Assistant, VA Central Office, Office of the Secretary, Department of
Veterans Affairs;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/07; $101,565.
Career or other position title and office: Chief Information Officer,
Veterans Health Administration, Office of Chief Information Officer,
VA Central Office;
Career grade and salary[A]: ES-0301-00/05; $130,200;
Date appointed/entered on duty: 07/30/00;
Former political position title, office, and agency: Senior Advisor
for Reserve Components, Office of the Secretary of Defense;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0301-00/05; $133,477.
Career or other position title and office: Chief Communications
Officer, Veterans Health Administration, Office of the Chief
Communications Officer, VA Central Office;
Career grade and salary[A]: ES-030-00/04; $130,200;
Date appointed/entered on duty: 11/05/00;
Former political position title, office, and agency: Deputy Assistant
Secretary for Public Affairs, VA Central Office, Department of
Veterans Affairs;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
1035-00/03; $126,825.
Career or other position title and office: Program Specialist[B], VA
Central Office, Assistant Secretary for Public and Intergovernmental
Affairs;
Career grade and salary[A]: GS-0301-09/10; $47,648;
Date appointed/entered on duty: 04/22/01;
Former political position title, office, and agency: Confidential
Assistant, VA Central Office, Office of the Secretary, Department of
Veterans Affairs;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-11/06; $51,743.
Environmental Protection Agency:
Career or other position title and office: Director, Office of
Environmental Justice, Office of Enforcement &
Compliance Assurance;
Career grade and salary[A]: ES-0905-00/05; $125,900;
Date appointed/entered on duty: 11/22/98;
Former political position title, office, and agency: Associate
Solicitor, Division of Conservation & Wildlife, Department of the
Interior;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0905-00/05; $125,900.
Career or other position title and office: Supervisory Environmental
Protection Specialist, Office of Solid Waste &
Emergency Response;
Career grade and salary[A]: GS-0028-15/00; $126,825;
Date appointed/entered on duty: 06/18/00;
Former political position title, office, and agency: Deputy Assistant
Administrator, Office of Solid Waste & Emergency Response, Office of
the Assistant, Administrator, Environmental Protection Agency;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0340-00/03; $126,825.
Career or other position title and office: Attorney Advisor,
Administrator for Prevention, Pesticides & Toxic
Substances, Office of the Assistant Administrator;
Career grade and salary[A]: GS-0905-15/02; $87,459;
Date appointed/entered on duty: 06/18/00;
Former political position title, office, and agency: Congressional
Liaison Specialist, Associate Administrator for Congressional &
Intergovernmental Relations, Office of Congressional Affairs,
Environmental Protection Agency;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/02; $87,459.
Career or other position title and office: Attorney-Advisor[B],
Environmental Accountability Division;
Career grade and salary[A]: GS-0905-14/10; $95,725;
Date appointed/entered on duty: 01/18/01;
Former political position title, office, and agency: Environmental
Policy Analyst; Office of the Regional Administrator,
Immediate Office, Environmental Protection Agency;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/06; $97,485.
Equal Employment Opportunity Commission:
Career or other position title and office: Writer Editor[B], Office of
Communications & Legislative Affairs;
Career grade and salary[A]: GS-1082-13/02; $62,920;
Date appointed/entered on duty: 03/26/00;
Former political position title, office, and agency: Media Contact
Specialist, Office of the Chairwoman, Office of Communications &
Legislative Affairs, Equal Employment Opportunity
Commission;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-13/02; $62,920.
International Trade Commission:
Career or other position title and office: International Trade
Analyst, Office of Investigations, Division C;
Career grade and salary[A]: GS-1101-09/10; $43,747;
Date appointed/entered on duty: 02/17/99;
Former political position title, office, and agency: Legislative
Assistant, House of Representatives;
Type of appointment, noncareer grade, and salary[B]: Legislative
branch employee; $28,000.
Career or other position title and office: General Attorney, Office of
Unfair Import Investigations;
Career grade and salary[A]: GS-0905-14/06; $79,999;
Date appointed/entered on duty: 05/01/99;
Former political position title, office, and agency: Legislative
Assistant, U.S. Senate;
Type of appointment, noncareer grade, and salary[B]: Legislative
branch employee; $81,760.
Career or other position title and office: Supervisory International
Economist, Office of Operations, Office of
Economics;
Career grade and salary[A]: GS-0110-15/07; $105,437;
Date appointed/entered on duty: 03/11/01;
Former political position title, office, and agency: Senior Economist,
Office of Commissioner, International Trade Commission;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0301-15/07; $105,437.
Office of Management and Budget:
Career or other position title and office: Chief, State/USIA Branch;
Career grade and salary[A]: ES-0301-00/04; $133,259;
Date appointed/entered on duty: 02/15/00;
Former political position title, office, and agency: Majority Clerk
and Staff Director, Subcommittee on the Departments of
Commerce, Justice, & State, Committee on the Judiciary & Related
Agencies, House of Representatives;
Type of appointment, noncareer grade, and salary[B]: Legislative
branch employee; $133,615.
Career or other position title and office: Office of Special Counsel,
Deputy Associate Special, Counsel for Prosecution, Prosecution
Division;
Career grade and salary[A]: ES-0905-00/01; $115,811;
Date appointed/entered on duty: 11/05/00;
Former political position title, office, and agency: Attorney Advisor,
Office of the Special Counsel;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0905-15/07; $101,565.
Office of U.S. Trade Representative:
Career or other position title and office: Policy Analyst (Trade),
Executive Office of the President;
Career grade and salary[A]: GS-0301-15/05; $95,923;
Date appointed/entered on duty: 07/23/00;
Former political position title, office, and agency: Director for
Policy Planning for Japan, Executive Office of the President;
Type of appointment, noncareer grade, and salary[B]: Executive Office
of the President; AD-0301-00/00; $95,923.
Small Business Administration:
Career or other position title and office: Associate Administrator for
Government Contracting, Office of Government
Contracting;
Career grade and salary[A]: ES-0340-00/03; $126,825;
Date appointed/entered on duty: 07/16/00;
Former political position title, office, and agency: Director,
Small/Disadvantaged Business Utilization, Department of Transportation;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0301-00/02; $121,264.
Career or other position title and office: District Director
Candidate, Region VIII – Denver, Colorado;
Career grade and salary[A]: GS-0340-15/03; $91,514;
Date appointed/entered on duty: 10/08/00;
Former political position title, office, and agency: Regional
Administrator, Region VIII – Denver, Colorado, Small Business
Administration;
Type of appointment, noncareer grade, and salary[B]: Schedule C; GS-
0340-15/03; $91,514.
Career or other position title and office: Senior Executive Service
Candidate, Associate Deputy Administrator
of Management & Administration;
Career grade and salary[A]: GS-0340-15/10; $114,224;
Date appointed/entered on duty: 01/14/01;
Former political position title, office, and agency: Counselor to the
Administrator, Office of the Administrator, Small Business
Administration;
Type of appointment, noncareer grade, and salary[B]: Noncareer SES; ES-
0340-00/02; $125,883.
[A] Salary includes locality pay.
[B] Newly established position.
Legend:
AD: Administratively determined rates not elsewhere specified.
ES: Senior Executive Service.
EX: Executive pay.
FB: Officers (similar to the SES). Only the FAA uses this code.
GM: Employees covered by the Performance Management and Recognition
System GS: General Schedule.
IJ: Immigration Judge Schedule. The code is for use by the Department
of Justice only.
NH: Business Management and Technical Management Professional. DOD
Acquisition Workforce Demonstration Project. The code is for use by
the departments of Defense, Air Force, Army, and Navy only.
OC: Office of the Comptroller of the Currency. The code is for the use
by the Office of the Comptroller of Currency only.
ZA: Administrative. The code is for use by the Department of Commerce
only.
[End of table]
[End of section]
Appendix III: Appointment Authorities Used in the Appointments We
Reviewed:
Appointment authority: Civil service certificates from competitive
selection process;
Criteria for authority's use applicable to the appointments reviewed:
Merit staffing plans of each agency;
Number of appointments reviewed in which the authority was cited:
48.
Appointment authority: SES recruitment and career appointments (5
U.S.C. 3393);
Criteria for authority's use applicable to the appointments reviewed:
OPM shall, in consultation with the various qualification review
boards, prescribe criteria for establishing executive qualifications
for appointment of career appointees. The criteria shall provide for
(1) consideration of demonstrated executive experience, (2)
consideration of successful participation in a career executive
development program that is approved by OPM, and (3) sufficient
flexibility to allow for the appointment of individuals who have
special or unique qualities that indicate a likelihood of executive
success and who would not otherwise be eligible for appointment. Each
career appointee shall meet the executive qualifications of the
position to which appointed, as determined in writing by the
appointing authority;
Number of appointments reviewed in which the authority was cited: 15.
Appointment authority: Schedule A (5 C.F.R. 213.3101);
Criteria for authority's use applicable to the appointments reviewed:
Noncompetitive hiring authority for positions other than those of a
confidential or policy-determining character for which it is
impractical to examine;
Number of appointments reviewed in which the authority was cited: 13.
Appointment authority: (28 U.S.C. 542);
Criteria for authority's use applicable to the appointments reviewed:
Appointment of assistant US attorneys, subject to removal by the
attorney general;
Number of appointments reviewed in which the authority was cited: 8.
Appointment authority: Noncareer and limited appointments (5 U.S.C.
3394(a));
Criteria for authority's use applicable to the appointments reviewed:
Each noncareer appointee, limited term appointee, and limited
emergency appointee shall meet the qualifications for the position to
which appointed, as determined in writing by the appointment authority;
Number of appointments reviewed in which the authority was cited: 4.
Appointment authority: Reinstatement (5 C.F.R. 315.401);
Criteria for authority's use applicable to the appointments reviewed:
An agency may appoint by reinstatement to a competitive service
position a person who previously was employed under a career or career-
conditional appointment (or equivalent). There is no time limit to the
reinstatement eligibility of a preference-eligible or a person who
completed the service requirement for career tenure. An agency may
reinstate a nonpreference-eligible who has not completed the service
requirement for career tenure only within 3 years following the date
of separation. This time limit begins to run from the date of
separation from the last position in which the person served under a
career appointment, career-conditional appointment, indefinite
appointment in lieu of reinstatement, or an appointment under which
the person acquired competitive status. The 3-year limit can be
extended for certain intervening service;
Number of appointments reviewed in which the authority was cited: 3.
Appointment authority: Schedule B (5 C.F.R. 213.3202 (j));
Criteria for authority's use applicable to the appointments reviewed:
Executive development positions established in connection with Senior
Executive Service candidate development programs, which have been
approved by OPM. A federal agency may make new appointments under this
authority for any period of employment not exceeding 3 years for one
individual;
Number of appointments reviewed in which the authority was cited: 1.
Appointment authority: Selection of term employees (5 U.S.C.
316.302(b)(4));
Criteria for authority's use applicable to the appointments reviewed:
An agency may give a noncompetitive term appointment to an individual
who is qualified for the position and who is eligible for appointment
under 5 U.S.C. 3112 (veterans with compensable service-connected
disability of 30% or more);
Number of appointments reviewed in which the authority was cited: 1.
Appointment authority: SES reinstatement (5 U.S.C. 3593 (a));
Criteria for authority's use applicable to the appointments reviewed:
A former career appointee may be reinstated without regard to 5 U.S.C.
3393(b) and (c) of this title, to any Senior Executive Service
position for which the appointee is qualified under certain conditions;
Number of appointments reviewed in which the authority was cited: 1.
Appointment authority: SES reinstatement (5 U.S.C. 3593(b));
Criteria for authority's use applicable to the appointments reviewed:
A career appointee who is appointed by the president to any civil
service position outside SES and who leaves the position for reasons
other than misconduct, neglect of duty, or malfeasance shall be
entitled to be placed in the SES if the appointee applies to OPM
within 90 days after separation from the presidential appointment;
Number of appointments reviewed in which the authority was cited: 1.
Source: SF-50Bs prepared by appointing agencies and applicable laws
and regulations.
[End of table]
[End of section]
Appendix IV: Details of Nine Conversions to Career Positions with the
Appearance of Preferential Treatment:
Case 1: Conversion in Place.
Agency: Department of Defense (DOD).
Positions:
From Schedule C, GS-15, Special Assistant for Family Advocacy and
External Relations, POW/Missing Personnel Office.
To GS-15, Family Support Liaison, Defense POW/Missing Personnel
Office.
Details:
The incumbent occupied a Schedule C position as Special Assistant for
Family Advocacy and External Relations, POW/Missing Personnel Office,
at the GS-15 level, before the November 1999 career appointment as
Family Support Liaison, Defense POW/Missing Personnel Office, at the
GS-15 level. The incumbent had been appointed to the Schedule C
position in January 1994. The Schedule C position's responsibilities
included policy matters and issues involving advocacy and liaison with
POW/MIA[Footnote 7] next of kin and families, veterans organizations,
and the Congress. The position required a close and confidential
working relationship with the Deputy Assistant Secretary of Defense,
to whom the incumbent reported.
The Schedule C position's duties included (1) formulating, developing,
and implementing DOD POW/MIA family support and advocacy policies, (2)
serving as senior advisor on all aspects of DOD family assistance and
advocacy issues and external relations related to policy and programs,
(3) serving as the focal point for family liaison and public
awareness, including responding to POW/MIA next of kin and family
requests for information and assistance, and (4) preparing related
testimony, attending closed intelligence hearings, and commenting on
POW/MIA legislation.
The career position reports to the Chief of Staff to the Deputy
Assistant Secretary of Defense for the POW/Missing Personnel Office.
The duties of this position include (1) formulating, developing, and
implementing DOD POW/MIA family support and advocacy issues, (2)
serving as senior advisor on all family support matters, (3) ensuring
and maintaining direct and frequent contact with POW/MIA families,
including responding to family requests for information and
assistance, and (4) preparing related testimony, attending closed
intelligence hearings, and commenting on POW/MIA legislation.
Our comparison of the Schedule C and career positions revealed that
(1) both positions were located in the DOD POW/MIA Personnel Office,
(2) the positions had similar duties, and (3) the Schedule C position
included a requirement for a close and confidential relationship with
the Deputy Assistant Secretary of Defense, but the career position did
not.
Our review of the resume that the incumbent submitted for the career
position showed that the employee had apparently been doing the career
position's duties while serving in the Schedule C position since
initially appointed in January 1994. For example, the vacancy
announcement for the career position included the explicit duty of
directing and managing the activities of four military officers and
one senior enlisted person. This duty was not part of the position
description for the Schedule C position. However, the resume of the
incumbent included the performance of this function under current
experience.
The competitive service position was created as a new permanent
position in August 1999 and advertised for 2 weeks in mid-September
1999. Thirty persons applied for the position and three were found
qualified. The incumbent was ranked as the highest qualified
candidate, was selected for the position, and entered on duty in
November 1999.
Conclusion:
In our view, this conversion gives the appearance of a conversion in
place”an action that moves a Schedule C position's duties and the
incumbent from the excepted to the competitive service by unilaterally
removing the position's Schedule C elements. The incumbent had been
performing the same functions of the newly created career position for
about 6 years as a Schedule C appointee. The organizational location
of the positions was the same and their duties were almost identical.
The only major difference between the two positions was the deletion
of the Schedule C element requiring a close and confidential
relationship from the competitive service position. A conversion in
place with the sole purpose of converting the position, along with the
incumbent, into a career position would violate the Civil Service
Reform Act of 1978 prohibition against granting unauthorized
advantages, including defining the requirements for any position for
the purpose of improving or injuring the prospects of any particular
person for employment.[Footnote 8]
This conversion was not subject to OPM's preappointment review because
it occurred before OPM's February 18, 2000, memorandum to agencies
establishing the pre-appointment review requirement.
Case 2: Conversion in Place.
Agency: Department of Energy.
Positions:
From Schedule C, GS-14, Senior Program Analyst in the Office of
Intelligence.
To GS-13, Program Specialist in the Special Programs Staff of the
Office of Intelligence.
Details:
The incumbent served as a Schedule C employee in the Office of the
Secretary of Energy from March 1994 through September 1998, as
executive assistant first to the chief of staff and the deputy chief
of staff, and then to the secretary In October 1998, the incumbent was
reassigned to another Schedule C position as a GS-14 senior program
analyst in the Office of Intelligence. In this position, the incumbent
managed the Department of Energy's Overseas Radiation Detection Border
Installation (ORDBI) Program. This program was designed to detect and
interdict nuclear material smuggled across international borders into
the former Soviet Union and Eastern European countries. In this
position, the incumbent, among other responsibilities, (1) developed,
in conjunction with the State Department, guidance, priorities, and
funding requirements for site survey, installation, and training,
maintenance and coordination, and logistical operations, (2) assisted
with negotiation, establishment, coordination, and implementation of
interagency agreements for collaborative technology efforts, (3)
formulated position requirements, funding parameters, and selection of
qualified personnel for international travel, (4) conducted special
projects, studies and analysis, including preparation of decision
papers, briefing materials and correspondence, and (5) maintained
awareness of applicable R&D efforts throughout DOE and other federal
agencies in order to stay abreast of developments in sensor
technology.
In October of 1999, the Department created and advertised a permanent
competitive position for a GS-13 program specialist in the Special
Programs Staff of the Office of Intelligence. The duties of the
position as listed in the job announcement were identical to the
duties in the incumbent's Schedule C position description. In
addition, (1) the announcement required that applicants have 1 year of
specialized experience directly related to providing expert advice on
the selection and deployment of radiation detection sensors, (2) a
selective placement factor was knowledge of the characteristics,
capabilities, and requirements of radiation detection sensing systems
used to monitor or track the movement of radioactive materials, and
(3) the first item in the knowledge, skills, and abilities was
knowledge of U.S. government goals, programs, and activities related
to interdiction of radioactive materials.
Three persons applied for the position. Only one applicant”the
incumbent”was found qualified and was selected February 4, 2000. The
selecting official, the director of special programs in the Office of
Intelligence, was the incumbent's supervisor in both the most recent
Schedule C position and in the career position.
Conclusion:
In our view, this conversion gives the appearance of a conversion in
place and that the competitive position may have been created for the
incumbent. The Schedule C employee had been performing the duties of
the career position for almost a year prior to the creation of the
position, and the responsibilities and duties were almost identical
for both positions. In addition, the specialized experience
requirements, as well as the selective placement factor and one of the
knowledge, skills, and abilities appeared to be tailored to the
experience of the incumbent”so much so that only the incumbent
qualified under them. Also, the same official supervised the
incumbent, selected the incumbent for the career position, and
continued to supervise the incumbent following the conversion. And,
the organizational location of both positions was the same. A
conversion in place with the sole purpose of converting the position,
along with the incumbent into a career position would violate the
Civil Service Reform Act of 1978 prohibition against granting
unauthorized advantages, including defining the requirements for any
position for the purpose of improving or injuring the prospects of any
particular person for employment.[Footnote 9]
This conversion was not subject to OPM's preappointment review because
it occurred before OPM's February 18, 2000, memorandum to agencies
establishing the pre-appointment review requirement.
Case 3: Conversion in Place.
Agency: Department of Justice.
Positions:
From Schedule C, GS-14, Special Assistant to the Director Community
Relations Service.
To GS-14, Policy Analyst Community Relations Service.
Details:
Prior to appointment as a GS-14 policy analyst in November 1999, the
incumbent occupied a Schedule C position as special assistant to the
director, GS-14, beginning in February 1999. Prior to that
appointment, the incumbent had served as a legislative assistant to a
U.S. Senator from December 1996 to February 1999. Both the Schedule C
position and the career position had the following duties and
responsibilities: (1) assist the director in monitoring and evaluating
the policies and programs of the Community Relations Service (CRS),
(2) assist the director in coordination, development, and management
of CRS programs and functions affecting the entire agency, (3)
participate with the director in the formulation of CRS program
initiatives and policies, (4) track status of matters of interest to
the director, and keep the director apprised of the status of issues
affecting CRS, (5) draft correspondence, speeches, and other material
for the director, and (6) review news items, industry journals, and
other sources for trends which may have an impact on policy-making.
These duties were set forth in identical wording in the position
descriptions of the Schedule C and career positions. Other listed
duties were not identical but were similar in wording. The only major
difference between the career position and the Schedule C position was
that the competitive position did not include a requirement for a
close and confidential working relationship with the director of CRS,
as did the Schedule C position. The director, who was the selecting
official for the career position, was also the incumbent's direct
supervisor in both the Schedule C position and the career position.
According to a CRS official, the career position was not a new
position in CRS; however, it had not been filled since a 1996
downsizing The official did not say why it was decided to fill the
position after this lengthy interval, and we could not find any
documentation for this decision.
The career position was announced in August 1999, with the
announcement being open August 20 through September 3 and applications
from all sources being accepted. CRS received 39 applications for the
position. Thirty-three candidates were found to be qualified for the
position and were rated. The incumbent and three other candidates were
determined to be best qualified and were interviewed by a panel of CRS
employees. The incumbent was selected for the position on October 28.
Conclusion:
In our view, this conversion gives the appearance of a conversion in
place. In this case, the career position's duties were largely
identical to the Schedule C position's duties. The only major
difference is that the career position did not include a requirement
for a close and confidential working relationship with the director of
CRS, as did the Schedule C position. The director, who made the
selection of the Schedule C employee, was the employee's direct
supervisor in both positions. A conversion in place violates the Civil
Service Reform Act of 1978 prohibition against granting unauthorized
advantages, including defining the requirements for any position for
the purpose of improving or injuring the prospects of any particular
person for employment.[Footnote 10]
This conversion was not subject to OPM's preappointment review because
it occurred before OPM's February 18, 2000, memorandum to agencies
establishing the preappointment review requirement.
Case 4: Conversion in Place.
Agency: Department of Veterans Affairs.
Positions:
From Schedule C, GS-15, Special Assistant, Office of the Secretary.
To GS-15, Staff Director, Office of the Deputy Under Secretary for
Memorial Affairs.
Details:
Prior to the incumbent's appointment as a GS-15 in May 2000, the
employee occupied a position as special assistant in the Office of the
Secretary. Beginning in October 1995, the incumbent held a competitive
temporary appointment in which his duties mostly concerned liaison to
veterans' organizations. The incumbent initially received a Schedule C
appointment in March 1996, serving in the Office of the Secretary of
Veterans' Affairs as liaison to national veterans' organizations. In
August 1997, the incumbent also assumed responsibility for overseeing
the department's participation in the Korean War 50th Anniversary
Commemoration. In addition, the incumbent had served in the Marine
Corps from 1958 to 1982 and had a 30 percent disabled veteran status.
In April 2000, the Department of Veterans' Affairs sought
preappointment review approval from OPM to appoint the incumbent to a
GS-15 career position as a noncompetitive term appointment
(permissible under 5 CFR 315.707 because of the incumbent's disabled
veteran status). OPM initially refused approval because the duties of
the competitive position were basically the same as those of the
Schedule C position, and the two positions would have the same
supervisor. However, OPM gave the department 2 days to submit a
revised request. The department did so, providing a new justification
that placed the position under the under secretary for memorial
affairs and stated that the primary duties of the position would
relate to the ongoing Korean War commemoration. But, the incumbent
would continue to have veterans' organization liaison duties for which
the incumbent would report to the deputy secretary.
Because of these changes and the incumbent's disabled veteran status,
OPM gave its approval for the conversion, though still expressing
reservations. OPM noted that (1) there were similarities between the
employee's present duties and the duties of the permanent position,
(2) the employee would continue some veterans' liaison duties under
the current supervisor, (3) the employee's Schedule C position would
be abolished if the employee was converted, and (4) there was no
active recruitment for the position. OPM stated that normally these
factors would warrant disapproval; however, in this instance its
concerns were offset by the changes the department had made in the
position and by the employee's status as a disabled veteran. Because
this was a noncompetitive appointment, there was no merit selection
process. The incumbent was converted to the position in May 2000.
Conclusion:
In our view, this conversion gives the appearance of a conversion in
place. Even after revising the justification, OPM noted during its
preappointment review the similarities between the two positions and
that the incumbent would continue some veterans' liaison duties under
the current supervisor. A conversion in place with the sole purpose of
converting the position along with the incumbent into a career
position would violate the Civil Service Reform Act of 1978
prohibition against granting unauthorized advantages, including
defining the requirements for any position for the purpose of
improving or injuring the prospects of any particular person for
employment.[Footnote 11]
Case 5: Application Received after Closing Date.
Agency: Office of Management and Budget (OMB).
Positions:
From Majority Clerk and Staff Director, Commerce/Justice/State
Subcommittee, House Committee on Appropriations.
To ES-0301-04, Chief, State/USIA Branch, International Affairs
Division.
Details:
The incumbent worked for the House Committee on Appropriations as the
majority clerk on the Commerce/Justice/State Subcommittee. The
incumbent applied for an ES-0301-04 career position as Chief,
State/USIA Branch, within its International Affairs Division. The
opening date for this position was April 14 and the closing date was
May 5, 1999. The vacancy announcement notified all applicants that
applications received after the closing date would not be considered.
The incumbent's resume was date stamped as received by OMB on May 6,
1999”the day after the vacancy announcement closing date”and was
included in the selection process. The incumbent was selected on
December 23, 1999. According to an OMB official, the application may
have been received in the mailroom on the closing date. However, the
OMB official could not provide evidence that this occurred.
Conclusion:
Based on available documentation, it appears that the incumbent's
application was received the day after the vacancy announcement
closing date. To be eligible for a position, an applicant not only
needs the appropriate experience and skills, but also must meet
administrative requirements, such as meeting the deadline for
submitting the application. Waiving that requirement for some
applicants can give an unfair advantage to them”such applicants have
more time to prepare their application and are not held to the same
standard as others”giving the appearance in this case that the
incumbent received favoritism or preferences that enhanced the
incumbent's prospects for appointment.
This appointment was not subject to OPM's preappointment review
because it occurred prior to OPM's February 18, 2000, memorandum.
Also, it involved a congressional employee, rather than a Schedule C
or noncareer SES employee, and was therefore not within OPM's
preappointment review requirements coverage.
Case 6: Incumbent Not on List of Applicants.
Agency: U.S. Department of Labor.
Positions:
From Legislative Assistant, Senate Appropriations Committee.
To ES-0341-01, Director of Administration and Management, Mine Safety
and Health Administration.
Details:
The Department of Labor issued a vacancy announcement for a director
of administration and management in its Mine Safety and Health
Administration, Directorate of Administration and Management. The
opening date was January 24, 2000, and the closing date was February
23, 2000. The incumbent, who had previously held a legislative
assistant position to the chairman of Appropriations Committee, U.S.
Senate, was selected on May 26, 2000. Documents indicated that while
the incumbent's name appears on the certificate of eligibles, it does
not appear on the list of applicants. Further, the date stamp on the
incumbent's cover letter”which could show whether the application was
received in time for the incumbent to be put on the applicant list”is
illegible. The fact that the individual was not on the original list
of applicants could indicate that the application was received after
the closing date of the vacancy announcement.
A Labor Department official said that the absence of the individual's
name on the list of applicants could have been due to clerical error.
Also, the official said that while the complete date stamp is
illegible, the number "17" is legible, and the cover letter was dated
February 16, 2000. The official said that one could conclude that the
application was most likely received prior to the closing date of the
vacancy announcement. However, the official said there is no way to
document when the application was received.
Conclusion:
The fact that the incumbent was not on the list of applicants and the
date stamp was illegible raises questions as to whether the agency
followed the same procedures for this applicant as for other
applicants, i.e., whether the agency required him to submit an
application by the closing date on the vacancy announcement. We
recognize the possibility of the Labor Department's explanation.
However, without documentary evidence either that the incumbent's
application was received on time or as to why the incumbent's name was
not included on the list of applicants, we believe that this case can
give the appearance that the incumbent may have received favoritism or
preferences over other applicants that enhanced the incumbent's
prospects for appointment.
Because the incumbent was not a former Schedule C or noncareer SES
employee, this appointment was not subject to an OPM preappointment
review.
Case 7: Incumbent Provided Input to the Position Description for the
Position for Which He Later Applied.
Agency: U.S. Department of the Interior.
Positions:
From SES, Special Assistant to the Commissioner of the Bureau of
Reclamation.
To GS-15, Special Assistant to the Director, Fish and Wildlife Service
(FWS).
Details:
Beginning in December 1993, prior to appointment to a GS-15 position
as Special Assistant to the FWS Director in April 2000, the incumbent
occupied a noncareer SES position as Special Assistant to the
Commissioner of the Bureau of Reclamation. Before this, the incumbent
had been on the White House Environmental Policy Staff for several
months in 1993, coming there from the National Oceanic and Atmospheric
Administration (NOAA), where the incumbent had been in career
positions since 1981.
The career position was announced in December 1999, with the
announcement open from December 14 through December 29. Prior to the
announcement, the incumbent was given the opportunity to review and
suggest changes to the position description. This is indicated in a
memorandum that was faxed from the incumbent to an FWS personnel
specialist on November 30 that stated, "Here are some proposed edits
to the PD [position description] you sent. I also sent the inserts to
you via email. Let me know if you have any questions." The merit-
staffing file did not contain the specific changes suggested by the
employee and we could not determine whether changes were made to the
position description.
Although the position description in final form does not have any
wording identical to the position description for the incumbent's
previous position, the duties and responsibilities for the two
positions are similar, both dealing with providing advice and
supervising projects related to water resource management. The
significant difference is that the previous position was responsible
for departmental liaison to NOAA; the current position has general
liaison duties to other departments and agencies.
The announcement was restricted to current or federal employees or
veterans with preference eligibility, eligible under the Interagency
or Agency Transition Assistance Program. Three persons applied for the
position. Two of them were found unqualified under the terms of the
announcement. The third was the incumbent, who was the only candidate
on the certificate issued January 13, 2000. The Director of the Fish
and Wildlife Service selected the incumbent on January 18, with an
effective date of April 9, 2000.
Conclusion:
This conversion gives the appearance of granting an unauthorized
advantage in defining the requirements for a position for the purpose
of improving one's prospects for employment. Prior to the announcement
of the vacancy, the incumbent was given the opportunity to review and
comment on the position description for the career service position
the incumbent was eventually selected for. The action also gives the
appearance that the incumbent was preselected for the position. Such
actions violate the Civil Service Reform Act of 1978 prohibition
against granting unauthorized advantages to individuals in the
employment process.
OPM did a preappointment review and approved this appointment on April
4, 2000. The fax indicating that the incumbent provided input to the
position description, however, was the type of document requested by
OPM for its review.
Case 8: Selecting Official Gave Incumbent Superior Rating Linked to
Evaluation Factors in the Vacancy Announcement Just after Opening.
Agency: U.S. Department of Labor.
Positions:
From Schedule C, GS-0301-14, Special Assistant to the Assistant
Secretary for Administration and Management.
To GS-0343-14, Management Analyst, Office of Small Business Programs.
Details:
The incumbent received a Schedule C appointment to the Department of
Labor's Office of the Assistant Secretary for Administration and
Management in August 1998 and was apparently detailed immediately to
the Office of Small Business Programs from August 1998 to December
1999. The Department of Labor issued a vacancy announcement for a
management analyst position in its Office of Small Business Programs.
Although the selection official certified the position in April 1998,
before the incumbent joined the Department, the vacancy announcement
did not open until November 1 and closed November 12, 1999. The
department reported receiving about 30 applications, of which 15 were
referred to the selecting official. The incumbent was among the ones
whose names were sent to the selecting official. The incumbent was
selected for appointment on December 3, 1999.
Documents regarding the conversion show that the incumbent was given a
performance rating by the selecting official. The duties and
responsibilities and evaluation factors listed in the vacancy
announcement were similar to the narrative explanation attached to the
performance appraisal. And, the incumbent received the highest rating
possible on all rating elements. Further, the selecting official
signed the incumbent's rating on November 5, 1999-4 days after the
opening date of the vacancy announcement. When asked for a copy of the
incumbent's duties as a detailee”to compare against the position
description for the position the incumbent was selected to fill”a
Labor official said there was none. She said the only description
available is the one contained in the narrative portion of the
incumbent's rating.
Conclusion:
In this case, the incumbent appears to have had the advantage of
working as a detailee in, if not the same, at least a very similar
position to the one the incumbent was selected to fill. The person who
provided the incumbent's rating was also the selecting official for
the career position. Also, the duties and responsibilities of the two
positions were similar. Thus, this case gives the appearance that the
incumbent received favoritism or preference over other applicants,
which enhanced the incumbent's prospects for appointment.
This conversion was not subject to OPM's preappointment review because
it occurred before OPM's February 18, 2000, memorandum to agencies
establishing the preappointment review requirement.
Case 9: Vacancy Announcement Canceled and Appointee Detailed to
Position in Developmental Capacity.
Agency: Small Business Administration (SBA).
Positions:
From Schedule C, GS-15, Regional Administrator.
To District Director, Candidate Development Program Participant.
Details:
The appointee held a Schedule C appointment in SBA as a GS-15 Regional
Administrator. On June 27, 2000, SBA issued a vacancy announcement for
positions in its District Director Candidate Development Program. It
closed on July 14, 2000. The objective of the development program is
to train candidates for SBA District Director positions. The vacancy
announcement said that the program varied in length from 6 to 18
months, depending on the candidate's prior experience, developmental
needs, and performance in the program. Upon successful completion of
the program, graduates may be noncompetitively appointed to District
Director or other positions.
As set forth in the vacancy announcement, SBA accepted applications
from all sources. A total of 123 individuals, including the incumbent,
applied. In September 2000, SBA selected the incumbent, along with
nine others, for the program with an effective start date of October
8, 2000. As part of the hiring process, the appointee signed a
standard mobility and service agreement and indicated that South
Dakota, her home state, was her preferred location.
The incumbent also applied for an SBA vacancy announcement for the
District Director position in South Dakota. South Dakota is within the
region for which the appointee was the Schedule C Regional
Administrator. The vacancy announcement was open from August 7 through
August 18, 2000, and indicated that individuals could apply and
qualify for the position at either the GS-14 or the GS-15 level.
Four certificates of eligible candidates were forwarded for
consideration for the South Dakota District Director position. Two
certificates, one for the position at the GS-14 level and one at the
GS-15 level, were developed under SBA's merit promotion plan and
contained the names of 12 and 5 qualified candidates, respectively.
Another two certificates, also for the position at the GS-14 and GS-15
levels, were developed under SBA's delegated examining authority,
which it had received from OPM. Each of these certificates contained
the names of three qualified candidates. The appointee's name appeared
second on the list of three qualified candidates at the GS-15 level
developed under SBA's delegated examining authority. The applicant
ahead of the appointee on the list was a preference eligible veteran
who had a compensable service-connected disability of 30 percent or
more. Under the Veterans' Preference Act, if an agency is to pass over
such a veteran and select someone lower on the list, it would need to
justify such an action and seek OPM's approval. The agency would also
need to notify the veteran of the action and the agency's reasons for
it.[Footnote 12] The veteran would be entitled to comment on the
agency's reasons for passing him over, and OPM is required by law to
consider the veteran's response in determining the sufficiency or
insufficiency of the agency's reasons.
SBA's associate administrator apparently chose not to interview the
candidates and, rather than making a selection for the South Dakota
District Director position, decided in December 2000, to cancel the
vacancy announcement and make no selection. The associate
administrator, also a Schedule C employee, has since left SBA, and we
could not determine his rationale for canceling the vacancy
announcement. On January 14, 2001, SBA detailed the appointee, in the
appointee's capacity as a participant in the Candidate Development
Program, to the South Dakota District Director position in an acting
capacity.
From an unsigned and undated hand written note in SBA's files, it
appears there was interest in graduating the appointee from the
program shortly after she entered into it in October 2000 and placing
her noncompetitively in the South Dakota District Director position.
This note contained a phrase that suggested the former political
appointee and two other candidates (who were career employees) were to
graduate after 2 months and be put in District Director positions
before January 20, 2001. The note also indicated that someone called
OPM to check to "see if [there was a] way to place [the
candidates]...." SBA officials that we spoke with believed the note
was written by a former SBA political appointee. They said the
intended actions did not occur, however, possibly because it would
have contradicted the announced 6 to 18 month duration of the
Candidate Development Program. According to these officials, the
incumbent, as well as the other two candidates, were still in the
Candidate Development Program as of December 6, 2001. The district
director position in South Dakota has recently been readvertised and a
different person has been selected for it.
Conclusion:
This conversion gives the appearance of granting an unauthorized
preference for the purpose of improving the prospects for employment.
SBA canceled a vacancy announcement under conditions in which multiple
qualified candidates were available but under which it would have been
difficult to justify selecting the appointee who was also a candidate.
SBA then detailed the appointee, in the appointee's capacity as a
participant in SBA's District Director Candidate Development Program,
to the same position as acting district director.
Hand written notes in SBA's file also indicate that the appointee may
have been pre-selected for the position. While the candidate program
normally lasts for 6 to 18 months, these notes suggest that someone at
SBA planned to have the appointee graduate from the program after
about 2 months and be permanently placed noncompetitively in the
position in less than 1 month after the vacancy announcement was
canceled and just before the presidential inauguration. Such actions
give the appearance of unauthorized preference, which would violate
the Civil Service Reform Act of 1978 prohibition against granting
unauthorized advantages to individuals for the purpose of improving or
injuring the prospects of any person for employment.
OPM did a preappointment review and approved the incumbent's
appointment to the District Director Candidate Program on December 18,
2000. The circumstances surrounding this conversion, which raised our
concern are outside of the selection process for the candidate program
and would not have been part of OPM's review.
[End of section]
Appendix V: Eight Conversions to Excepted Service Positions under
Schedule A or 28 U.S.C. 542 Authority with the Appearance of Political
Favoritism:
Department of the Interior:
Excepted Service position title, office, and hiring authority:
Attorney-Advisor (General), Southwest Region, Schedule A 213.3102(d);
Noncareer position title and office: Associate Solicitor - Land and
Water Resources, Division of Land and Water Resources;
Date appointed/entered on duty: 01/14/01.
Department of Justice:
Excepted Service position title, office, and hiring authority:
Assistant U.S. Attorney, U.S. Attorney‘s Office, 28 U.S.C. 542;
Noncareer position title and office: Associate Deputy Attorney
General, Office of the Deputy Attorney General;
Date appointed/entered on duty: 01/14/01.
Excepted Service position title, office, and hiring authority:
Assistant U.S. Attorney, U.S. Attorney‘s Office, 28 U.S.C. 542;
Noncareer position title and office: Associate Deputy Attorney
General, Office of the Deputy Attorney General;
Date appointed/entered on duty: 01/14/01.
Excepted Service position title, office, and hiring authority:
Assistant U.S. Attorney, U.S. Attorney‘s Office, 28 U.S.C. 542;
Noncareer position title and office: Counsel to the Attorney General,
Office of the Attorney General;
Date appointed/entered on duty: 01/14/01.
Excepted Service position title, office, and hiring authority:
Assistant U.S. Attorney, U.S. Attorney‘s Office, 28 U.S.C. 542;
Noncareer position title and office: Deputy Assistant Attorney
General, Criminal Division;
Date appointed/entered on duty: 01/22/01.
Department of the Treasury:
Excepted Service position title, office, and hiring authority: Law
Enforcement Appropriations Officer, U.S. Customs Service, Schedule A
213.3105(b)(6);
Noncareer position title and office: Assistant Commissioner,
Congressional Affairs, U.S. Customs Service;
Date appointed/entered on duty: 01/14/01.
Excepted Service position title, office, and hiring authority:
Strategic Trade Advisor, Strategic Trade, U.S. Customs Service,
Schedule A 213.3105(b)(6);
Noncareer position title and office: Ombudsman, Office of the
Commissioner, U.S. Customs Service;
Date appointed/entered on duty: 01/14/01.
Environmental Protection Agency:
Excepted Service position title, office, and hiring authority:
Attorney-Advisor, Environmental Accountability Division, Schedule A
213.3102(d);
Noncareer position title and office: Environmental Policy Analyst,
Office of the Regional Administrator, Immediate Office;
Date appointed/entered on duty: 01/17/01.
[End of table]
[End of section]
Appendix VI: Scope and Methodology:
To ascertain the number of conversions from political positions to
career positions, we asked 45 federal agencies (see appendix II) to
complete our data collection instrument (DCI) indicating the career
appointments they made to former political appointees or congressional
employees from October 1, 1998, through April 30, 2001. We also asked
them to indicate any months in which they did not make a conversion.
We established the October 1998 to April 2001 coverage period, as
agreed with your offices, in order to include conversions that might
occur in the months before and after the November 2000 presidential
and congressional elections.
In our DCI, we defined political appointees as those individuals who
received an appointment to the following positions after April 1, 1997:
(1) Schedule C, (2) noncareer SES, including limited-term SES and
limited emergency SES, and (3) presidential appointees, including
executive level, and noncareer ambassadors. We included in our
definition individuals who were employees in the Executive Office of
the president and who were first hired after January 20, 1993. As
consistent with your requests, we also asked agencies to report on the
appointment of former congressional employees to career positions in
the executive branch.
In completing the DCI, the 45 agencies provided information about the
career positions to which the individuals were appointed.
Specifically, they provided the position title, the appointee's pay
grade, annual salary, and appointment or entered-on-duty date. They
also provided the title of the appointee's former position. In
addition, the agencies provided the related Standard Form 50 for all
appointments. These forms provide the official record of a personnel
action, such as an appointment. We used the Form 50s to obtain
information about each appointee's prior position, such as annual
salary, and to verify information that the agencies provided on the
DCI.
To determine whether appropriate appointment authorities were used,
whether merit system principles were adhered to, and whether any of
the appointments gave the appearance of favoritism or political
preference (for all conversions that occurred at the GS-12 level or
higher), we examined the official personnel files and merit staffing
files relevant to each conversion. In cases where we had questions, we
also interviewed officials from the personnel offices of the
appointing agency or other officials knowledgeable about the specific
case. We then compared the procedures used in the appointment process
to the federal personnel laws and regulations contained in the U.S.
Code and the Code of Federal Regulations and to each department's or
agency's merit staffing plans, as appropriate.
We did not judge the qualifications of former political appointees and
congressional employees for the career positions to which they were
appointed. There was no specific set of criteria that we could apply
to determine if any of the appointments appeared to involve favoritism
or preferential treatment. Therefore, we applied our professional
judgment after reviewing the appropriate laws and regulations and the
circumstances of each case.
We were aided in this appraisal of the circumstances by the knowledge
gained from past work on the subject; the technical assistance
provided by a GAO personnel specialist; and by our internal review
process, which included the examination of the questionable cases by
attorneys experienced in the application of federal personnel law. In
addition, we gave a draft of case summaries to the respective agencies
that made the appointments and asked them to provide any corrections,
clarifications, or explanations that they believed were appropriate to
our understanding of the circumstances. We incorporated their
clarifications to the case summaries as appropriate.
[End of section]
Appendix VII: Comments from the Office of Personnel Management:
United States Office Of Personnel Management:
Office Of The Director:
Washington, DC 20415-0001:
January 23, 2002:
Mr. George H. Stalcup:
Director, Strategic Issues:
General Accounting Office:
Washington, DC 20548:
Dear Mr. Stalcup:
Thank you for the opportunity to comment on the General Accounting
Office (GAO) draft report Personnel Practices: Career and Other
Appointments of Former Political Appointees, October 1998-April 2001.
I believe strongly in the Federal merit system and the need to protect
it through active oversight. I support the monitoring efforts that GAO
and the Office of Personnel Management (OPM) undertake during
presidential election periods. I also agree that even the appearance
of favoritism needs to be avoided.
The draft report accurately describes the OPM's process for
preappointment review of conversions during presidential election
periods. OPM's focus is on the conversion of Schedule C and noncareer-
type SES employees to the competitive service or career Senior
Executive Service (SES) appointments. Seventeen cases are discussed in
the report. Eight of these conversions would not have come to OPM
under the criteria spelled out in our February 18, 2000 memorandum to
agencies on the preappointment process. The merit staffing elements of
the two SES cases were considered by OPM as part of the standard
processing of cases for initial appointment to the SES. Four Schedule
C cases occurred before our review period began on February 18, 2000.
OPM did review three of the Schedule C cases listed. I have already
asked my staff to revisit all of these cases.
We look forward to receiving the final report.
Sincerely,
Signed by:
Kay Coles James:
Director:
[End of section]
Related GAO Products:
Personnel Practices: Career Appointments Granted Political Appointees
From October 1998 through June 2000 [hyperlink,
http://www.gao.gov/products/GAO/GGD-00-205], Sept. 18, 2000.
Personnel Practices: Career Appointments of Former Political and
Congressional Employees [hyperlink,
http://www.gao.gov/products/GAO/GGD-97-165], Sept. 2, 1997.
Personnel Practices: Improper Personnel Actions on Selected CPSC
Appointments [hyperlink, http://www.gao.gov/products/GAO/GGD-97-131],
June 27, 1997.
Hiring of Former IRS' Employees by PBGC [hyperlink,
http://www.gao.gov/products/GAO/GGD-97-9R], Oct. 2, 1996.
Personnel Practices: Career Appointments of Legislative, White House,
and Political Appointees [hyperlink,
http://www.gao.gov/products/GAO/GGD-96-2], Oct. 10, 1995.
Personnel Practices: Selected Characteristics of Recent Ramspeck Act
Appointments [hyperlink,
http://www.gao.gov/products/GAO/T-GGD-95-173], May 24, 1995.
An Overview of Ramspeck Act Appointments [hyperlink,
http://www.gao.gov/products/GAO/T-GGD-95-155], May 8, 1995.
Personnel Practices: Presidential Transition Conversions and
Appointments: Changes Needed (GAO/GGD-94-66, May 31, 1994.
Political Appointees: Turnover Rates in Executive Schedule Positions
Requiring Senate Confirmation [hyperlink,
http://www.gao.gov/products/GAO/GGD-94-115FS], Apr. 21, 1994.
Political Appointees: 10-Year Staffing Trends at 30 Federal Agencies
[hyperlink, http://www.gao.gov/products/GAO/GGD-93-74FS], Apr. 30,
1993.
Personnel Practices: Career Appointments Granted Political Appointees
From Jan. Through Nov. 1992 [hyperlink,
http://www.gao.gov/products/GAO/GGD-93-49FS], Jan. 22, 1993.
Personnel Practices: Schedule C and Other Details to the Executive
Office of the President [hyperlink,
http://www.gao.gov/products/GAO/GGD-93-14], Nov. 6, 1992.
Political Appointees: Number of Noncareer SES and Schedule C Employees
in Federal Agencies [hyperlink,
http://www.gao.gov/products/GAO/GGD-92-101FS], June 8, 1992.
Personnel Practices: Details of Schedule C Employees to the White
House [hyperlink, http://www.gao.gov/products/GAO/T-GGD-92-28], Apr.
19, 1992.
Personnel Practices: Propriety of Career Appointments Granted Former
Political Appointees (GAO/GGD-92-51, Feb. 12, 1992.
Personnel Practices: The Department of Energy's Use of Schedule C
Appointment Authority [hyperlink,
http://www.gao.gov/products/GAO/GGD-90-61], Mar. 8, 1990.
Political Appointees in Federal Agencies [hyperlink,
http://www.gao.gov/products/GAO/T-GGD-90-4], Oct. 26, 1989.
Federal Employees: Appointees Converted to Career Positions, January
and February 1989 [hyperlink,
http://www.gao.gov/products/GAO/GGD-89-89FS], June 13, 1989.
Federal Employees: Appointees Converted to Career Positions, October
through December 1988 [hyperlink,
http://www.gao.gov/products/GAO/GGD-89-66FS], Apr. 24, 1989.
[End of section]
Footnotes:
[1] When a person was converted to a pay plan that did not have a GS
grade level, we used the annual basic pay to classify that person into
a grade level.
[2] In addition to the 111 conversions, agencies reported 15
appointments of limited-term SES employees to career SES positions
based on our request for them to include career appointments whenever
limited-term SES positions were involved. However, in these 15 cases,
we found after further review that the 15 appointees were career
employees rather than political appointees and therefore we did not
include them in our review.
[3] 5 U.S.C. Sec. 2301(b)(1).
[4] 5 U.S.C. 1104.
[5] For example, in May 1994 we issued our report entitled Personnel
Practices: Presidential Transition Conversions and Appointments”
Changes Needed [hyperlink, http://www.gao.gov/products/GAO/GGD-94-66],
May 31, 1994.
[6] 5 U.S.C. 2302 (b)(6).
[7] POW/MIA is the acronym for prisoner of war/missing in action.
[8] 5 U.S.C. 2302(b)(6).
[9] 5 U.S.C. 2302(b)(6).
[10] 5 U.S.C. 2302(b)(6).
[11] 5 U.S.C. 2302(b)(6).
[12] 5 U.S.C. 3318(b).
[End of section]
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