Treasury Requested and OPM Approved Customs’ Authority Based on Impracticability to Examine

Treasury requested, on August 6, 1998, that OPM amend Customs’ Schedule A authority to include 10 positions for oversight policy and direction of sensitive law enforcement activities. The justification for including the additional 10 positions under a Schedule A authority was that “due to the sensitive nature of the operations, these positions require a unique blend of special characteristics, skills and abilities that cannot be announced to the general public, and for which it is not practicable to examine.”
OPM approved the authority for the 10 positions on August 21, 1998. The OPM official who reviewed the request and recommended its approval said that her determination that it was impracticable to examine for such positions was based primarily on Customs’ assertion that the positions were sensitive in nature and involved law enforcement activities. Circumstances of Some Appointments Give the Appearance of Inconsistent Application of the Authority or Political Favoritism

Customs appointed nine individuals to Schedule A positions using the amended authority granted by OPM between the time of OPM’s approval on August 21, 1998, and the most recent appointment on January 14, 2001. The surveys primarily consisted of OPM’s requesting that Treasury justify the continuing need for each of its appointment authorities. As discussed previously, at Treasury’s request, OPM reviewed the use of Customs’ Schedule A authority for two of the nine appointments made. Appendix II: Comments From the Office of Personnel Management
Why GAO Did This Study

The Treasury Department, on behalf of the Customs Service, requested Office of Personnel Management (OPM) approval for Schedule A appointment authority for 10 positions for oversight policy and direction of sensitive law enforcement activities. Treasury's request stated that "due to the sensitive nature of the operations, these positions require a unique blend of special characteristics, skills and abilities that cannot be announced to the general public, and for which it is not practical to examine." According to OPM officials, no detailed criteria are applied when OPM considers such requests. OPM approved the request primarily because Treasury argued that the positions were sensitive in nature, involved law enforcement activities, and were impracticable to advertise and examine for. In using the Schedule A authority between September 1998 and January 2001, Customs made nine appointments to various positions.

What GAO Found

GAO found that circumstances surrounding five of the nine appointments can give the appearance of inconsistency in the application of the Schedule A appointment authority or possible favoritism toward former political employees. OPM reviews agencies' use of appointment authorities, including Schedule A and other excepted appointments, every four to five years. The most recent review of Customs was for appointments made in 1999. OPM also conducts occasional surveys that require agencies to justify the continuing need for each of its appointment authorities.