Federal Workforce: Inappropriate Use of Experts and Consultants at Selected Civilian Agencies
GGD-91-99
Published: Jul 17, 1991. Publicly Released: Aug 29, 1991.
Skip to Highlights
Highlights
Pursuant to a congressional request, GAO reviewed the government's use of experts and consultants, focusing on whether: (1) agencies complied with federal requirements for making expert and consultant appointments; and (2) agencies and the Office of Personnel Management (OPM) adequately monitored the appointments to ensure compliance with applicable requirements.
Recommendations
Matter for Congressional Consideration
| Matter | Status | Comments |
|---|---|---|
| To achieve better control over the use of experts and consultants, Congress should amend 5 U.S.C. 3109 to authorize OPM to: (1) develop regulations governing the employment of appointed experts and consultants; (2) take the necessary action, including withdrawal of the authority, to ensure compliance with the law and federal documentation and reporting requirements; and (3) require agencies to comply with any corrective action that OPM directs. | Congress enacted P.L. 102-378 in accordance with the GAO recommendation. | |
| To achieve better control over the use of experts and consultants, Congress should amend 31 U.S.C. 1114(b) to explicitly state that inspectors general are required to evaluate the progress agencies make in establishing effective management controls over appointed experts and consultants. | There has been no congressional action on this recommendation. |
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Office of Personnel Management | To improve compliance with federal requirements governing the expert and consultant appointing authority, the Director, OPM, should revise FPM guidance to: (1) define the meaning of operating duties; (2) give examples of the nonoperating duties experts and consultants can perform; and (3) specify that experts cannot do routine and continuous duties that are the responsibility of regular employees. |
OPM issued instructions and guidance to agencies by IAG Memo dated September 29, 1992, and FPM Letter 304-4 dated January 4, 1993.
|
| Office of Personnel Management | To improve compliance with federal requirements governing the expert and consultant appointing authority, the Director, OPM, should issue regulations covering mandatory requirements for the employment of experts and consultants, including a prohibition on the use of experts and consultants to handle staff shortages and to expedite the process of hiring persons to other government positions. |
As recommended by GAO, Congress enacted Public Law 102-378 in 1992 to require OPM to regulate appointments under 5 U.S.C. 3109 and to collect data on pay and days worked. OPM issued proposed regulations to implement that requirement on December 29, 1994 and issued a final rule on September 1, 1995 (60 F.R. 45647). The first annual reports from agencies, required by P.L. 102-378, were received by OPM in February 1995.
|
| Office of Personnel Management | To improve compliance with federal requirements governing the expert and consultant appointing authority, the Director, OPM, should review, on a regular basis, agencies' use and documentation of the appointments. |
According to the Acting Director, OPM, the expert and consultant appointing authority is now a continuing area of coverage in OPM onsite reviews. Savings will be achieved if OPM uncovers inappropriate use of experts and consultants and situations in which the use of the expert/consultant costs more than the use of regular employees.
|
| Office of Personnel Management | To improve compliance with federal requirements governing the expert and consultant appointing authority, the Director, OPM, should ensure that personnel officials receive appropriate training on the procedures for making expert and consultant appointments and that agencies comply with the FPM requirement that agencies annually communicate to the appointing officials key aspects of FPM Chapter 304. |
OPM developed a training module concerning the appointment of experts and consultants. The module was piloted and has since been incorporated into the OPM Basic Staffing course.
|
| Office of Personnel Management | To improve compliance with federal requirements governing the expert and consultant appointing authority, the Director, OPM, should require that agencies review the appointments as part of their internal personnel management evaluation program and, if agencies do not have an existing program, OPM should require agencies to develop a plan for establishing a personnel management evaluation program within a specified time frame. |
OPM will continue to monitor agency use of experts and consultants and where problems are found that are due to a lack of sufficient system of controls, will require the agency to establish a sufficient controls system to ensure the problems do not reemerge.
|
Full Report
Public Inquiries
Topics
ConsultantsHiring policiesInteragency relationsInternal controlsNoncompliancePersonnel recruitingReporting requirementsPersonnel managementAgency evaluationsCompliance oversight