GAO-04-665R Department of Justice Personnel Practices 

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 

hiring processes for entry-level and lateral (i.e., experienced)1

 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), 

the Executive Office for Immigration Review (EOIR), and the U.S. Trustees Office.3

 

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.
GAO-04-665R Department of Justice Personnel Practices Page 2

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.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 2002.5

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.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. 

 

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 3 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 

data from OPM’s Central Personnel Database File (CPDF) 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.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,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. 

 

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.
GAO-04-665R Department of Justice Personnel Practices Page 4

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 5 GAO-04-665R Department of Justice Personnel Practices 

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Information on Selected Personnel 

Practices at the Justice Department
Page 6 GAO-04-665R Department of Justice Personnel Practices 

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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. 
Page 7 GAO-04-665R Department of Justice Personnel Practices 

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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).
Page 8 GAO-04-665R Department of Justice Personnel Practices 

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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. 
Page 9 GAO-04-665R Department of Justice Personnel Practices 

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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. 
Page 10 GAO-04-665R Department of Justice Personnel Practices 

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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.
Page 11 GAO-04-665R Department of Justice Personnel Practices 

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Objective 1

The Honors Program Involves a Five-Step Process
Page 12 GAO-04-665R Department of Justice Personnel Practices 

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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. 
Page 13 GAO-04-665R Department of Justice Personnel Practices 

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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. 
Page 14 GAO-04-665R Department of Justice Personnel Practices 

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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.
Page 15 GAO-04-665R Department of Justice Personnel Practices 

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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.
Page 16 GAO-04-665R Department of Justice Personnel Practices 

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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. 
Page 17 GAO-04-665R Department of Justice Personnel Practices 

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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.
Page 18 GAO-04-665R Department of Justice Personnel Practices 

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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.
Page 19 GAO-04-665R Department of Justice Personnel Practices 

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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.
Page 20 GAO-04-665R Department of Justice Personnel Practices 

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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.
Page 21 GAO-04-665R Department of Justice Personnel Practices 

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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.
Page 22 GAO-04-665R Department of Justice Personnel Practices 

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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. 
Page 23 GAO-04-665R Department of Justice Personnel Practices 

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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.
Page 24 GAO-04-665R Department of Justice Personnel Practices 

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Objective 2

Authority and Criteria for the Two Types of Monetary Awards 

Justice Grants to Political Appointees

• 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.

• 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.

Award ceilings

Form of award Cash—onetime, lump-sum Cash—onetime, lump-sum

• Special act or service in the public 

interest in connection with or related 

to official employment

• Superior performance of assigned tasks 

sustained for a period of time

• Performance of one or more important 

job elements in a manner clearly 

exceeding normal requirements for at 

least 6 months

Basis for award

Statutory authority 5 U.S.C. 4505 (a) 5 U.S.C. 4503

Eligibility Schedule C Schedule C and noncareer SES

Special Achievement Award for 

Special Act or Service

Special Achievement Award for 

Sustained Superior Performance
Page 25 GAO-04-665R Department of Justice Personnel Practices 

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Objective 2

Authority and Criteria for the Two Types of Monetary Awards 

Justice Grants to Political Appointees (cont.)

•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 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.

•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 must not have received 

another cash performance award 

within the 6 months preceding the 

date of nomination.

Conditions for 

receiving an award

Special Achievement Award for 

Special Act or Service

Special Achievement Award for 

Sustained Superior Performance
Page 26 GAO-04-665R Department of Justice Personnel Practices 

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Objective 2

Justice Follows a Five-Step Process for Granting 

Monetary Awards to Political Appointees

• Step 1: Supervisor nominates candidate:

• completes written documentation, such as performance rating or other justification 

• forwards written documentation to component head

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

• 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.
Page 27 GAO-04-665R Department of Justice Personnel Practices 

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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 
Page 28 GAO-04-665R Department of Justice Personnel Practices 

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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. 
Page 29 GAO-04-665R Department of Justice Personnel Practices 

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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.
Page 30 GAO-04-665R Department of Justice Personnel Practices 

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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).
Page 31 GAO-04-665R Department of Justice Personnel Practices 

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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). 
Page 32 GAO-04-665R Department of Justice Personnel Practices 

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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. 
Page 33 GAO-04-665R Department of Justice Personnel Practices 

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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
Page 34 GAO-04-665R Department of Justice Personnel Practices 

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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. 
Page 35 GAO-04-665R Department of Justice Personnel Practices 

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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.
Page 36 GAO-04-665R Department of Justice Personnel Practices (440187) 

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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.