Recommendation: The Director of the U.S. Marshals Service should take steps to ensure that supervisory review of division and district investigations is documented in accordance with USMS policy. (Recommendation 1)

Agency: Department of Justice: United States Marshals Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of ATF should develop policy for verifying the accuracy and completeness of information in ATF employee misconduct systems. (Recommendation 2)

Agency: Department of Justice: Bureau of Alcohol, Tobacco, Firearms and Explosives
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of the U.S. Marshals Service should develop policy for verifying the accuracy and completeness of information in USMS employee misconduct systems. (Recommendation 3)

Agency: Department of Justice: United States Marshals Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of ATF should develop a performance measure to monitor the timeliness of misconduct investigations, according to policy requirements. (Recommendation 4)

Agency: Department of Justice: Bureau of Alcohol, Tobacco, Firearms and Explosives
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of the U.S. Marshals Service should develop a performance measure to monitor the timeliness of district and division misconduct investigations, according to policy requirements. (Recommendation 5)

Agency: Department of Justice: United States Marshals Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of ATF should modify existing oversight mechanisms to include the monitoring of key internal controls related to employee misconduct investigations. (Recommendation 6)

Agency: Department of Justice: Bureau of Alcohol, Tobacco, Firearms and Explosives
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Director of the U.S. Marshals Service should modify existing oversight mechanisms to fully monitor key internal controls related to employee misconduct investigations. (Recommendation 7)

Agency: Department of Justice: United States Marshals Service
Status: Open

Comments: When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendation: The Special Counsel should review and revise as appropriate, its policy for agency extension requests. (Recommendation 1)

Agency: Office of Special Counsel
Status: Open

Comments: OSC is revising its practice of granting extensions when the agency provides a plausible explanation for the delay. Instead, OSC will be informing agencies at the outset of the referral that, with few exceptions, extension requests are less likely to be granted. OSC will also be communicating that failure to produce an investigative report within the statutory timeframe will result in notification of the agency's failure to the President and congressional committees under 5 U.S. C. 1213(c) (4). According to OSC, this new practice will be reflected in standard operating procedures for the OSC Disclosure Unit that the agency is currently revising.

Recommendation: The Special Counsel should communicate expected processing timelines to whistleblowers. (Recommendation 2)

Agency: Office of Special Counsel
Status: Open

Comments: OSC has incorporated explicit language in its acknowledgement letters to whistleblowers that investigations may exceed the statutory timeframe. OSC has also now implemented a standard operating procedure of adhering to the 45-day timeframe for making a substantial likelihood determination under 5 U.S.C. 1213(b). According to OSC, it will be revising its acknowledgement letters to whistleblowers to reflect that OSC expects to make a referral determination within 45 days.

Recommendation: The Special Counsel should develop, document, and implement case processing procedures for OSC's Complaints Examining Unit, including procedures for how cases are prioritized, how to take favorable actions, how to balance obtaining favorable actions with meeting staff productivity expectations, and how cases should be reviewed by supervisors. (Recommendation 3)

Agency: Office of Special Counsel
Status: Open

Comments: The Special Counsel convened an Effectiveness and Efficiency Working Group tasked with evaluating every unit's case process activities. The group issued recommendations in the spring of 2018, after which the Special Counsel announced a significant reorganization of OSC in the spring of 2018. Specifically, effective October 1, 2018, OSC created a new Intake Unit and merged the headquarters CEU with the Investigations and Prosecution Division (IPD). According to OSC, it continues to develop standard case processes, including procedures for prioritizing cases, obtaining favorable actions, establishing qualitative and quantitative performance expectations, and reviewing cases.

Recommendation: The Special Counsel should identify and implement additional controls and tools needed to ensure closed case files can be tracked and located efficiently. (Recommendation 4)

Agency: Office of Special Counsel
Status: Open

Comments: The Clerk of OSC has identified and is implementing the following controls and tools needed to ensure closed case files can be tracked and located efficiently: (1) creation and utilization of file plans according to the OSC disposition scheduled for each unit (including inventory of records); (2) creation of an Archives and Records Centers for Information Sharing (ARCIS) account to manage functions related to OSC's Electronic Records Management System (ERMS), including retiring temporary records to the Federal Records Center (FRC), transmitting and tracking records requests to FRC, and transferring permanent records to the National Archives and Records Administration. According to OSC, the Clerk is further establishing policies and procedures, as well as staff training, for records retention, including but not limited to routine evaluations and assessments. OSC employs FOIA Xpress to locate open and closed cases in response to records requests under the Freedom of Information Act.

Recommendation: The Director of the USMS should develop and implement a mechanism to provide specific feedback to employees on the results of the promotion process, including their readiness for promotion. (Recommendation 2)

Agency: Department of Justice: United States Marshals Service
Status: Open

Comments: USMS concurred with this recommendation and said that it is taking steps to implement it. In August 2018, USMS began providing feedback reports to employees completing the redesigned competency assessment process, which include detailed breakouts of scores by competency. However, these reports do not contain specific feedback, including the employee's readiness for promotion. As of June 2019, USMS is finalizing plans to provide training to employees on the GS-13 and GS-14 competencies. As of August 2020, USMS is building development programs and computer-based courses for each grade level, including GS-13 and GS-14. To fully address this recommendation, USMS should provide information on efforts or plans to provide specific feedback to employees, including on their readiness for promotion, and provide final training plans.

Recommendation: The Associate Director of Merit System Accountability and Compliance should ensure that OPM's finalized records schedule on retaining conversion case files specifically lists all documentation that must be saved in its case files. (Recommendation 1)

Agency: Office of Personnel Management
Status: Open

Comments: In response to our recommendation, OPM drafted a retention schedule for its pre-appointment review case files. As of June 2019, according to OPM, National Archives and Records Administration (NARA) was in the process of reviewing the draft retention schedule. Once NARA approves and OPM finalizes the schedule, OPM will be better able to maintain complete documentation to justify conversion request decisions and ensure such documentation is available for subsequent review. On July 8, 2020, OPM informed us it is getting closer to fully responding to this recommendation and providing us with appropriate documentation to support is efforts.

Recommendation: To help strengthen the government's ability to compete in the labor market for top talent, and to improve the federal hiring process, the Director of OPM, in conjunction with the CHCO Council, should use this information to determine whether opportunities exist to refine, consolidate, eliminate, or expand agency-specific authorities to other agencies and implement changes where OPM is authorized, including seeking presidential authorization (as necessary) in order to do so. In cases where legislation would be necessary to implement changes, OPM should work with the CHCO Council to develop legislative proposals.

Agency: Office of Personnel Management
Status: Open
Priority recommendation

Comments: OPM agreed with this recommendation and has taken actions to address it since GAO's August 2016 report. In April 2019, OPM issued final regulations implementing changes to direct hire authority to provide certain agencies with the ability to hire urgently needed information technology professionals more quickly. It also plans to provide in-person support to the Chief Human Capital Office council, Chief Information Officers Council, and human resources professionals and managers on how to use this new authority. In its fiscal year 2021 Congressional Budget Justification released on February 10, 2020, OPM noted that it was seeking to improve hiring by using flexibilities that exist within current authority. These include, for example, noncompetitive term-limited appointments of highly qualified experts, expansion of term/temporary hiring authorities, and limited noncompetitive hiring of students and recent graduates. However, some of these plans were initially introduced in the prior year's justification and progress continues to be unclear. Additionally, OPM said that it is currently reassessing administration priorities and was unable to provide further updates. While OPM has made some progress in this area, it will be important for the agency to prioritize and follow through on its planned actions to streamline hiring authorities. Expanding access to hiring authorities found to be highly efficient and effective while eliminating those found to be less effective would help simplify and improve the federal hiring process.