United States General Accounting Office
Washington, DC 20548

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
1
hiring processes for entry-level and lateral (i.e., experienced) career attorneys,
(2) the types of monetary awards Justice grants to political appointees2 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),
3
the Executive Office for Immigration Review (EOIR), and the U.S. Trustees Office.
1

Lateral attorneys are those who have had a law degree for at least 1 year and are active members of the bar.
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.
2

GAO-04-665R Department of Justice Personnel Practices

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 high4
level 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 2002.5
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
6
Program. 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.

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.

Page 2

GAO-04-665R Department of Justice Personnel Practices

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
7
data from OPM’s Central Personnel Database File (CPDF) 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.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
9
aspects of the selection process for its most recent hiring cycle, 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.

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.

Page 3

GAO-04-665R Department of Justice Personnel Practices

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,

Paul Jones
Director, Homeland Security and Justice Issues
Enclosure

Page 4

GAO-04-665R Department of Justice Personnel Practices

Information on Selected Personnel
Practices at the Justice Department

1

Page 5

GAO-04-665R Department of Justice Personnel Practices

Objectives
As agreed, our objectives were to
(1) identify Justice’s hiring process for entry-level and lateral career attorney
positions,
(2) determine the types of monetary awards Justice grants to political appointees
and the number of awards Justice granted from 1993 through 2002, and
(3) identify Justice’s selection process for the position of the Assistant Attorney
General for Administration.

2

Page 6

GAO-04-665R Department of Justice Personnel Practices

Scope and Methodology
To identify Justice’s hiring process for entry-level and lateral career attorney positions,
we
•

obtained and reviewed available documentation on Justice’s policies,
procedures, and guidelines;

•

interviewed officials from Justice’s Office of Attorney Recruitment and
Management (OARM), Justice Management Division (JMD), and Office of the
Deputy Attorney General (ODAG); and

•

interviewed officials in four litigating divisions—Antitrust, Civil, Civil Rights, and
Environment and Natural Resources (ENRD).

3

Page 7

GAO-04-665R Department of Justice Personnel Practices

Scope and Methodology (cont.)
To determine the types of monetary awards Justice grants to political appointees and
the number of awards Justice granted from 1993 through 2002, we
•

researched and reviewed applicable laws and regulations governing Justice’s
authority in granting monetary awards to political appointees and reviewed
applicable OPM and Justice policies, procedures, and guidelines;

•

interviewed Justice and OPM officials on the types of monetary awards Justice
granted to political appointees, including how they were granted; and

•

obtained and analyzed data from OPM’s Central Personnel Database File
(CPDF) on the number of monetary awards Justice granted to political
appointees from 1993 through 2002.

4

Page 8

GAO-04-665R Department of Justice Personnel Practices

Scope and Methodology (cont.)
To identify Justice’s selection process for the position of the Assistant Attorney General
for Administration, we
•

obtained and reviewed relevant statutory provisions governing the hiring and
selection of SES members;

•

interviewed Justice officials; and

•

reviewed Justice’s policies and procedures, including the requirements of the
position and the criteria involved in the selection process.

5

Page 9

GAO-04-665R Department of Justice Personnel Practices

Objective 1
Justice Hires Entry-Level Attorneys through the Attorney
General’s Honors Program
•

The Attorney General’s Honors Program (Honors Program) is Justice’s annual
hiring and recruitment effort for full-time entry-level attorneys:
•

The program is the only way Justice hires graduating law students.

•

Selected candidates who have passed a bar examination are hired as
permanent attorneys at the time of acceptance into the program.

•

Nine components participate in the program—the six litigating divisions (Antitrust,
Civil, Civil Rights, Criminal, ENRD, and Tax), the Federal Bureau of Prisons, the
Executive Office for Immigration Review, and the U.S. Trustees Office.

•

The program is administered and directed by OARM and implemented by each
component through a five-step process.

6

Page 10

GAO-04-665R Department of Justice Personnel Practices

Objective 1
The Honors Program Involves a Five-Step Process

7

Page 11

GAO-04-665R Department of Justice Personnel Practices

Objective 1
The Honors Program Five-Step Hiring Process—
Step 1: Planning
•

Components submit to OARM estimates of the number of position openings, based
on their individual hiring budgets:
•

•

For the 2003 cycle, the components submitted 130 positions.

OARM notifies the components of the number of interviews that have been
budgeted.
•

For the 2003 cycle, OARM allowed for 650 interviews within the components.

8

Page 12

GAO-04-665R Department of Justice Personnel Practices

Objective 1
The Honors Program Five-Step Hiring Process—
Step 2: Recruiting and Application
OARM manages the recruiting aspects of the Honors Program, with some component
participation:
•

OARM publicizes the program nationwide and promotes the program on
OARM’s Web site.

•

OARM organizes an annual outreach effort to law schools, involving senior
(Assistant Attorney General and Deputy Attorney General Offices) and
component-level participation.

•

Officials from individual components, such as section chiefs or senior or
junior attorneys, may organize their own recruiting efforts at job fairs, schools,
or association groups.

9

Page 13

GAO-04-665R Department of Justice Personnel Practices

Objective 1
The Honors Program Five-Step Hiring Process—
Step 2: Recruiting and Application (cont.)
OARM manages the application aspects of the Honors Program:
•

OARM accepts applications only through its online applications system—
applicants may designate up to nine preferences for job placement.

•

OARM reviews the applications for minimum eligibility requirements (e.g.,
must be a third-year law student).
•

•

For the 2003 cycle, OARM reviewed 3,286 applications. Of those, 3,219
met minimum eligibility requirements.

OARM refers to the components a list of applicants, based on applicant
preferences. Accordingly, an applicant could be referred to up to nine
components.
•

For the 2003 cycle, the Civil Division had the most applications referred,
followed by the Civil Rights and Criminal Divisions.
10

Page 14

GAO-04-665R Department of Justice Personnel Practices

Objective 1
The Honors Program Five-Step Hiring Process—
Step 3: Screening Applications and Identifying
Interview Candidates
The components are responsible for screening applications and identifying interview
candidates, subject to departmental review. The means through which these
components implement these steps vary as shown in the following examples:
•

Antitrust Division forms 12 teams (2 members each with junior and senior
attorneys) that are nominated by the section chiefs.

•

ENRD forms a 15-member hiring committee and uses 3 members—generally,
one line attorney, one career Deputy Assistant Attorney General (DAAG), and
one noncareer DAAG.

•

Civil Division branches individually determine the means for implementing this
step.

•

Civil Rights Division forms a 5-member hiring committee–one DAAG, one
senior counsel, two section chiefs, and a deputy section chief.
11

Page 15

GAO-04-665R Department of Justice Personnel Practices

Objective 1
The Honors Program Five-Step Hiring Process—
Step 3: Screening Applications and Identifying
Interview Candidates (cont.)
•

The components send to OARM a list of candidates they selected for
interviews:
• For the 2003 cycle, OARM received a list of 635 candidates from the
components.

•

OARM forwards the list of candidates to a departmental screening committee
consisting of officials from the Offices of the Deputy Attorney General (ODAG),
the Associate Attorney General, and the Attorney General.

•

The departmental screening committee may remove candidates from the list
• For the 2003 cycle, the committee removed 5 candidates for reasons
relating to academic qualifications.

•

The components have a 3-day period in which to appeal a removal. However,
according to ODAG, none of the 5 removals were appealed.

12

Page 16

GAO-04-665R Department of Justice Personnel Practices

Objective 1
The Honors Program Five-Step Hiring Process—
Step 4: Interviewing Candidates
Each component determines the appropriate method for interviewing program
candidates, subject to certain requirements. For example,
•

Antitrust Division uses a 3-member team (a senior-level manager and senior or junior
attorneys).

•

ENRD uses 15-member hiring team in groups of 3 (senior-level managers and junior
attorneys).

•

Civil Division branches individually determine the means for interviewing.

•

Civil Rights Division uses 2 to 3 members from its hiring team (at least one DAAG or senior
counsel and a section chief).

•

According to Antitrust, Civil Rights, and ENRD officials, a senior official from the division’s
Assistant Attorney General’s Office, such as the DAAG, must attend all interviews.

•

Interviews are conducted at Justice headquarters in Washington, D.C., at Justice’s
expense.

13

Page 17

GAO-04-665R Department of Justice Personnel Practices

Objective 1
The Honors Program Five-Step Hiring Process—
Step 5: Selecting Finalists and Making Job Offers
•

The components are responsible for selecting finalists. For example,
•
•
•
•
•

•

Antitrust Division uses a 6-member selection team (section chiefs, assistant
section chiefs, or DAAG) to rank candidates in order of preference.
ENRD uses its 15-member hiring team to vote on finalists.
Individual Civil Division branches determine the means for selecting finalists.
Civil Rights Division uses its 5-member hiring team to select finalists.
All four divisions must submit finalists’ names to the Assistant Attorney General
(AAG) for approval.

OARM is responsible for performing preliminary background checks or “suitability
determinations” and making official offers.

14

Page 18

GAO-04-665R Department of Justice Personnel Practices

Objective 1
Justice’s Hiring Process for Lateral Attorneys Is
Decentralized among and within Its 40 Components
According to OARM officials, individual components are responsible for hiring lateral
attorneys (i.e., those who have had a law degree for at least 1 year and are active
members of the bar)
•

Each component is responsible for creating vacancy announcements and
advertising position vacancies.
• In Antitrust, Civil, Civil Rights, and ENRD, for example, personnel units
advertise position vacancies—components are required to advertise the
position on the Justice Intranet Web site.They may also use other sources,
such as professional legal publications, and the Internet, for advertising.

•

Applicants may apply in response to a specific vacancy announcement or on an
unsolicited basis.

15

Page 19

GAO-04-665R Department of Justice Personnel Practices

Objective 1
Justice’s Hiring Process for Lateral Attorneys Is
Decentralized among and within Its 40 Components
Each component or individual unit (i.e., section or branch) receives applications and
identifies potential interviewees. For example,
•

In Antitrust, Civil, and ENRD, the section chief or branch director receives
applications either directly from the applicant or from the personnel unit and is
primarily responsible for identifying potential interviewees.

•

In the Civil Rights Division, the DAAG receives the applications from the
personnel unit and with the concurrence of the Principal DAAG identifies a list
of potential interviewees.The section chiefs may also review the applications
and identify potential interviewees, subject to the DAAG’s review.

16

Page 20

GAO-04-665R Department of Justice Personnel Practices

Objective 1
Justice’s Hiring Process for Lateral Attorneys Is Decentralized
among and within Its 40 Components (cont.)
Interviewing applicants and selecting finalists occur at the unit level. For example,
•

Within the Antitrust Division’s sections, the assistant section chief or section
chief usually interviews the candidates; the section chief determines the
finalists.

•

Within ENRD, some sections establish hiring panels of several attorneys
composed of junior- and senior-level attorneys, while others use senior-level
managers, such as assistant section chiefs or deputy section chiefs.

•

Within the Civil Rights Division, some sections conduct both preliminary and
final interviews. Preliminary interviews may be conducted by a deputy chief or
senior attorney, while final interviews may be conducted by a section chief or
DAAG.

17

Page 21

GAO-04-665R Department of Justice Personnel Practices

Objective 1
Justice’s Hiring Process for Lateral Attorneys Is Decentralized
among and within Its 40 Components (cont.)
•

Final review occurs at the division level. For example,
• Within the Antitrust and Civil Divisions, the sections or branches forward
their final selection to the respective DAAG. Once reviewed, the DAAG
forwards the final selection to the AAG for approval.
• Within ENRD, the sections forward their final selection to the DAAG. Once
reviewed, the DAAG forwards the final selection to the AAG for approval.
• Within the Civil Rights Division, the sections forward their final selection to
the DAAG, who then forwards the final selection to the Principal DAAG.
Once reviewed, the Principal DAAG forwards the final selection to the AAG
for approval.

•

OARM is responsible for performing preliminary background checks or
“suitability determinations” and making official offers.

18

Page 22

GAO-04-665R Department of Justice Personnel Practices

Objective 2
Justice Grants Two Types of Monetary Awards to
Political Appointees
Justice grants two types of monetary awards to two types of political appointees:
•

Special Achievement Award for Sustained Superior Performance—
awarded to appointees under Schedule C status in recognition of superior
performance of an assigned task for a sustained period.

•

Special Achievement Award for Special Act or Service—awarded to
appointees under noncareer SES and Schedule C status in recognition of a
special act or service in the public interest in connection with or related to
official employment.

19

Page 23

GAO-04-665R Department of Justice Personnel Practices

Objective 2
Authority and Criteria for the Two Types of Monetary Awards
Justice Grants to Political Appointees
Special Achievement Award for
Sustained Superior Performance

Special Achievement Award for
Special Act or Service

Eligibility
Statutory authority
Basis for award

Schedule C
5 U.S.C. 4505 (a)
• Superior performance of assigned tasks
sustained for a period of time

Form of award
Award ceilings

• Performance of one or more important
job elements in a manner clearly
exceeding normal requirements for at
least 6 months
Cash—onetime, lump-sum
• May not exceed 10 percent of the
employee’s annual rate of basic pay; in
exceptional cases, can be up to 20
percent subject to the Attorney General’s
approval.

Cash—onetime, lump-sum
• May not exceed 10 percent of the
employee’s annual rate of basic
pay; in exceptional cases, can be
up to 20 percent subject to the
Attorney General’s approval.

• Additionally, awards up to $10,000
subject to the Attorney General’s
approval; awards over $10,000 subject to
OPM approval.

• Additionally, awards up to $10,000
subject to the Attorney General’s
approval; awards over $10,000
subject to OPM approval.

Schedule C and noncareer SES
5 U.S.C. 4503
• Special act or service in the public
interest in connection with or related
to official employment

20

Page 24

GAO-04-665R Department of Justice Personnel Practices

Objective 2
Authority and Criteria for the Two Types of Monetary Awards
Justice Grants to Political Appointees (cont.)
Special Achievement Award for
Sustained Superior Performance
Conditions for
receiving an award

Special Achievement Award for
Special Act or Service

•Recipients must have been on a
performance work plan for at least
90 days and have current
performance ratings indicating that
their performance meets the
requirements of the position.

•Recipients must have been on a
performance work plan for at least 90
days and have current performance
ratings indicating that their
performance meets the requirements
of the position.

• Recipient may not receive both a
Special Achievement Award for
Sustained Superior Performance
and a Quality Step Increase for the
same period of performance.

• Recipient may receive a Special
Achievement Award for Special Act
or Service and either a Special
Achievement Award for Sustained
Superior Performance or a Quality
Step Increase in recognition of the
same contribution. Therefore, the
same contribution may not be
rewarded with both types of
monetary awards and a Quality Step
Increase.

• Recipient must not have received
another cash performance award
within the 6 months preceding the
date of nomination.

21

Page 25

GAO-04-665R Department of Justice Personnel Practices

Objective 2
Justice Follows a Five-Step Process for Granting
Monetary Awards to Political Appointees
•

Step 1: Supervisor nominates candidate:
•
•

•

Step 2: Component head approves or disapproves supervisor’s recommendation:
•

•

completes written documentation, such as performance rating or other justification
forwards written documentation to component head

if approved, forwards recommendation to Justice’s Office of the White House Liaison

Step 3: White House Liaison Office reviews written documentation:
•

forwards written documentation along with its own recommendations to the Attorney
General (AG)

•

Step 4: Attorney General reviews recommendations and makes final determination.

•

Step 5: Office of the Attorney General notifies component head of decision and White
House Liaison Office coordinates with personnel staff.

22

Page 26

GAO-04-665R Department of Justice Personnel Practices

Objective 2
Justice Granted a Total of 49 Monetary Awards from
1993 through 2002
• Total amount awarded—$89,024
• Average award amount—$1,817
• Average number of awards granted—5 per year

23

Page 27

GAO-04-665R Department of Justice Personnel Practices

Objective 2
Number of Monetary Awards Granted and Average
Annual Award Amounts From 1993 through 2002
Range of annual awards granted
from 1993 through 2002a
• A low of 2 awards in 1996 and
1998 to a high of 14 awards in
1997
Range of average annual award
amounts from 1993 through
2002a
• A low of $375 in 1996 to a high
of $3,868 in 2002
a No monetary awards were granted from
1999 through 2001.

24

Page 28

GAO-04-665R Department of Justice Personnel Practices

Objective 2
Justice Granted a Total of Two Monetary Awards to
Political Appointees during a Presidential Election
Period
•

Political appointees under Schedule C and noncareer SES status are prohibited by
law (5 U.S.C. 4508) from receiving monetary awards during a presidential election
period. A presidential election period is the period beginning on June 1 of the
election year and ending on the following January 20.
•

Justice granted two monetary awards with respect to these two types of political
appointees during the presidential election period that began on June 1, 1996,
and ended on January 20, 1997.

•

Justice officials said that these awards were granted in error. They stated that
since that time, Justice has implemented safeguards that would help to prevent
errors in the future.

25

Page 29

GAO-04-665R Department of Justice Personnel Practices

Objective 3
Justice’s Selection of the Assistant Attorney General for
Administration Is Based on a Merit Competition Process
•

Vacancy is announced and applications are submitted
•

Announcement is posted for a minimum of 14 days through various sources,
such as OPM (“USAJOBS”) and Justice Web sites.
• For the most recent cycle, 33 applicants applied for the position.

•

Applications are screened
•

Human resource specialists in Justice Management Division screen
applications to:
• ensure applications have been received in a timely manner.
• verify applicants are within area of consideration (i.e., the organizational or
geographic boundaries within which a search is made for eligible
candidates to be considered for the position).
• determine if applicants meet minimum eligibility requirements based on the
technical qualifications (see app. I for technical qualifications).
26

Page 30

GAO-04-665R Department of Justice Personnel Practices

Objective 3
Justice’s Selection of the Assistant Attorney General for
Administration Is Based on a Merit Competition Process
•

Applications are screened (cont.)
•

•

For the most recent cycle, 30 applicants met the minimum eligibility
requirements; of those, 6 were “reassignment eligible”; that is, competition for
best qualified was not required because the applicant had already competed for
and currently holds, or has held, a position equivalent to the one being filled.

Candidates are reviewed by an Executive Resources Board (ERB)
•

Justice convenes an ERB, which consists of three SES members, nominated
by the Deputy Attorney General (DAG).
• For the most recent cycle, the ERB consisted of two Justice noncareer and
one career executive.

•

ERB evaluates candidates’ merits based on technical and executive core
qualifications (see app. II for executive core qualifications).

27

Page 31

GAO-04-665R Department of Justice Personnel Practices

Objective 3
Justice’s Selection of the Assistant Attorney General for
Administration Is Based on a Merit Competition Process
•

Candidates are reviewed by ERB (cont.)
•

ERB rates and ranks candidates to develop best qualified list that will be
reviewed for further consideration.
•

•

•

For the most recent cycle, 6 candidates were selected as best qualified;
another 6 were reassignment eligible.

ERB submits best-qualified list and accompanying written recommendations to
the selecting official, the DAG.

Candidates are interviewed and selected by the DAG
•

DAG interviews the candidates alone or convenes SES panel for interviewing.
•

•

For the most recent cycle, 12 candidates were interviewed.

DAG selects one candidate and forwards the name to the AG for approval.
28

Page 32

GAO-04-665R Department of Justice Personnel Practices

Objective 3
Justice’s Selection of the Assistant Attorney General for
Administration Is Based on a Merit Competition Process
• Candidate is approved by the AG
• Qualifications are certified by an OPM Qualifications Review Board (QRB)
•

OPM establishes a QRB to certify that the candidate has the requisite executive
qualifications before appointment.

• Candidate is approved by the President

29

Page 33

GAO-04-665R Department of Justice Personnel Practices

Appendix I
Technical Qualifications Required for Position of
Assistant Attorney General for Administration
•

The ability to direct the planning, implementation, integration, operation, and
evaluation of budget and management of major administrative programs in a
cabinet-level department.

•

The ability to serve as Justice’s representative on administrative matters with senior
department staff, congressional representatives, external federal and state agency
officers, and private industry officials.

•

The ability to provide advice and assistance to senior departmental staff on a broad
range of administrative matters, with particular emphasis on organizational and
management improvement.

•

Experience in the management of a large and complex organization with diverse
personnel.

30

Page 34

GAO-04-665R Department of Justice Personnel Practices

Appendix II
Executive Core Qualifications Required for Position of
Assistant Attorney General for Administration
•

Leading change—the ability to develop and implement an organizational vision that
integrates key national and program goals, priorities, values, and other factors.

•

Leading people—the ability to design and implement strategies that maximize
employee potential and foster high ethical standards in meeting the organization’s
vision, mission, and goals.

•

Results driven—the ability to make timely and effective decisions and produce
results through strategic planning and the implementation and evaluation of
programs and policies.

31

Page 35

GAO-04-665R Department of Justice Personnel Practices

Appendix II
Executive Core Qualifications Required for Position of
Assistant Attorney General for Administration (cont.)
•

Business acumen—the ability to acquire and administer human, financial, material,
and information resources in a manner that instills public trust and accomplishes the
organization’s mission, and to use new technology to enhance decision making.

•

Building coalitions/communication—the ability to explain, advocate, and express
facts and ideas in a convincing manner and negotiate with individuals and groups
internally and externally. Also involves the ability to develop an expansive
professional network with other organizations and the ability to identify the internal
and external politics that impact the work of the organization.

32

(440187)

Page 36

GAO-04-665R Department of Justice Personnel Practices