Information on Selected Personnel Practices at the Justice Department
Gao ID: GAO-04-665R April 22, 2004
This letter responds to a request that we provide information on selected personnel practices at the Justice Department. On March 1, 2004, we briefed Congress on the results of our review. This letter transmits information provided during that briefing. Specifically, the slides enclosed in this letter describe (1) Justice's hiring processes for entry-level and lateral (i.e., experienced) career attorneys, (2) the types of monetary awards Justice grants to political appointees and the number of awards granted from 1993 through 2002, and (3) Justice's selection process for the position of the Assistant Attorney General for Administration.
Justice hires entry-level attorneys through the Attorney General's Honors Program. Conducted on an annual basis, the program is the only way that Justice hires graduating law students. Nine Justice components participate in this program, which include the six litigating divisions (Antitrust, Civil, Civil Rights, Criminal, Environment and Natural Resources, and Tax), the Federal Bureau of Prisons (BOP), the Executive Office for Immigration Review (EOIR), and the U.S. Trustees Office. Under the direction and management of the Office of Attorney Recruitment and Management (OARM), the components are responsible for various aspects of the fivestep hiring process. Justice's hiring of lateral attorneys, which occurs on a year-round basis, is a largely decentralized process that involves Justice's 40 components and individual units (i.e., sections or branches) within those components. Each component and unit devises its own process for accomplishing lateral hiring. Justice grants two types of monetary awards to political appointees under Schedule C and noncareer Senior Executive Service (SES) status in recognition of overall highlevel performance or a special act or service. Granted in the form of lump-sum cash, the two types of awards are (1) the Special Achievement Award for Sustained Superior Performance and (2) the Special Achievement Award for Special Act or Service. From 1993 through 2002, Justice granted a total of 49 monetary awards, at an average award amount of $1,817. The average annual award amount ranged from $375 in 1996 to $3,868 in 2002. Justice's selection of an Assistant Attorney General for Administration is based on its merit competition process. That is, the vacancy is announced publicly for a minimum of 14 days. Application screening and candidate selection follow a set of predetermined eligibility requirements based on position qualifications. An Executive Resources Board, composed of three SES members nominated by the Deputy Attorney General, selects the best-qualified candidates. These candidates are interviewed by either the Deputy Attorney General or a panel of SES members. The successful candidate is approved by the Attorney General-- subject to the President's approval--and certified by the Office of Personnel Management (OPM).
GAO-04-665R, Information on Selected Personnel Practices at the Justice Department
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April 22, 2004:
The Honorable Patrick J. Leahy:
Ranking Minority Member:
Committee on the Judiciary:
United States Senate:
The Honorable Charles E. Schumer:
Ranking Minority Member:
Subcommittee on Administrative Oversight and the Courts:
Committee on the Judiciary:
United States Senate:
Subject: Information on Selected Personnel Practices at the Justice
Department:
Dear Senator Leahy and Senator Schumer:
This letter responds to your request that we provide information on
selected personnel practices at the Justice Department. On March 1,
2004, we briefed your office on the results of our review. This letter
transmits information provided during that briefing. Specifically, the
slides enclosed in this letter describe (1) Justice's hiring processes
for entry-level and lateral (i.e., experienced)[Footnote 1] career
attorneys, (2) the types of monetary awards Justice grants to political
appointees[Footnote 2] and the number of awards granted from 1993
through 2002, and (3) Justice's selection process for the position of
the Assistant Attorney General for Administration.
Summary:
Justice hires entry-level attorneys through the Attorney General's
Honors Program. Conducted on an annual basis, the program is the only
way that Justice hires graduating law students. Nine Justice components
participate in this program, which include the six litigating divisions
(Antitrust, Civil, Civil Rights, Criminal, Environment and Natural
Resources, and Tax), the Federal Bureau of Prisons (BOP), the Executive
Office for Immigration Review (EOIR), and the U.S. Trustees
Office.[Footnote 3] Under the direction and management of the Office of
Attorney Recruitment and Management (OARM), the components are
responsible for various aspects of the five-step hiring process.
Justice's hiring of lateral attorneys, which occurs on a year-round
basis, is a largely decentralized process that involves Justice's 40
components and individual units (i.e., sections or branches) within
those components. Each component and unit devises its own process for
accomplishing lateral hiring.
Justice grants two types of monetary awards to political appointees
under Schedule C and noncareer Senior Executive Service (SES) status in
recognition of overall high-level performance or a special act or
service.[Footnote 4] Granted in the form of lump-sum cash, the two
types of awards are (1) the Special Achievement Award for Sustained
Superior Performance and (2) the Special Achievement Award for Special
Act or Service. From 1993 through 2002, Justice granted a total of 49
monetary awards, at an average award amount of $1,817. The average
annual award amount ranged from $375 in 1996 to $3,868 in
2002.[Footnote 5]
Justice's selection of an Assistant Attorney General for Administration
is based on its merit competition process. That is, the vacancy is
announced publicly for a minimum of 14 days. Application screening and
candidate selection follow a set of predetermined eligibility
requirements based on position qualifications (see apps. I and II). An
Executive Resources Board, composed of three SES members nominated by
the Deputy Attorney General, selects the best-qualified candidates.
These candidates are interviewed by either the Deputy Attorney General
or a panel of SES members. The successful candidate is approved by the
Attorney General--subject to the President's approval--and certified by
the Office of Personnel Management (OPM).
Scope and Methodology:
To obtain a general understanding of Justice's hiring processes for
entry-level and lateral career attorney positions, we examined relevant
documentation and interviewed Justice officials from OARM, the Office
of the Deputy Attorney General, and the Justice Management Division. To
gain a more in-depth understanding of Justice component roles and
responsibilities in these hiring processes, we relied primarily on
interviews with officials in four litigating divisions--Antitrust,
Civil, Civil Rights, and Environment and Natural Resources. We selected
these divisions because they do the majority of entry-level hiring
within the Attorney General's Honors Program[Footnote 6]. In addition,
we obtained data on aspects of Justice's entry-level hiring process for
its 2003 hiring cycle, such as the number of applications Justice
received and the number of candidates Justice interviewed. Because we
used these data for illustrative purposes only, we did not verify their
reliability.
To determine the types of monetary awards Justice grants to political
appointees, we reviewed applicable laws and regulations and Justice and
OPM policies, procedures, and guidelines governing Justice's authority
in granting monetary awards to political appointees. We also
interviewed Justice and OPM officials on the types of monetary awards
Justice grants to political appointees. In addition, we obtained and
analyzed data from OPM's Central Personnel Database File
(CPDF)[Footnote 7] on the number of monetary awards Justice granted to
political appointees from 1993 through 2002. Working with OPM and
Justice officials, we were able to verify the accuracy of the CPDF
awards data.
To determine Justice's selection process for the position of the
Assistant Attorney General for Administration, we reviewed relevant
statutory provisions governing the hiring and selection of SES
members.[Footnote 8] We also reviewed Justice's policies and
procedures, including the requirements of the position and the criteria
involved in the selection process and interviewed Justice officials. In
addition, we obtained data on aspects of the selection process for its
most recent hiring cycle,[Footnote 9] such as the number of
applications received and the number of final candidates that Justice
interviewed for the position. Because we used these data for
illustrative purposes only, we did not verify their reliability.
We conducted our work from June 2003 through April 2004 in accordance
with generally accepted government auditing standards.
We provided the Department of Justice with a draft of this report and
incorporated its comments as appropriate.
As agreed with your offices, unless you announce the contents of this
report earlier, we plan no further distribution of this report until 30
days from the date of this report. At that time, we will send copies to
Senator Orrin G. Hatch, Chairman, Senate Judiciary Committee; Senator
Jeff Sessions, Senate Subcommittee on Administrative Oversight and the
Courts; and the Honorable John Ashcroft, Attorney General, Department
of Justice. We will make copies available to others on request. In
addition, the report will be available on GAO's Web site at http://
www.gao.gov.
If you or your staff have questions regarding this report, please
contact me at (202) 512-8777 or by e-mail at jonespl@gao.gov or William
Crocker III at (202) 512-4533 or by email at crockerw@gao.gov. Key
contributors to this report were David Alexander, Geoffrey Hamilton,
Brenda Rabinowitz, John Vocino, Greg Wilmoth, Su Jin Yon, and Kathryn
Young.
Sincerely yours,
Signed by:
Paul Jones:
Director, Homeland Security and Justice Issues:
Enclosure:
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FOOTNOTES
[1] Lateral attorneys are those who have had a law degree for at least
1 year and are active members of the bar.
[2] 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 not generally subject 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 the Senior Executive Service (SES), or be presidential
appointees.
[3] With the exception of the EOIR and BOP, the Honors Program
appointments are for permanent attorney positions. EOIR hires
applicants for 1-or 2-year clerkships, while BOP hires applicants for
2-year fellowships.
[4] Schedule C appointee positions, which are graded GS-15 and below,
are those that involve determining policy or require a close,
confidential relationship with the agency head or other key officials
of the agency. Noncareer SES appointee positions are those that
normally involve advocating, formulating, and directing the programs
and policies of the Administration.
[5] No awards were granted from 1999 through 2001.
[6] We excluded EOIR and BOP from our selection because, as we noted
earlier, these agencies hire only for 1-to 2-year clerkships. The other
seven Justice participating components hire attorneys on a full-time
basis, pending passage of a bar examination.
[7] The CPDF is a database that contains individual records for most
executive branch federal agencies and is the primary governmentwide
source for information on federal employees.
[8] The position of Assistant Attorney General for Administration is an
SES position.
[9] Justice's most recent hiring cycle for this position occurred in
2002.
