Certification. Each expert and consultant appointment will be certified by a Department management official, who has authority to give final approval to selections, to assure compliance with law, regulation, and Department policy. Certifying officials authorized to certify the employment of experts and consultants include component heads or other officials delegated authority to act on their behalf.
If an expert or consultant is to work directly for the component head, the next higher level official in the chain of command (i.e., the Associate Attorney General or the Deputy Attorney General) becomes the certifying official. (The Attorney General is the certifying official when the appointee will work directly for either the Associate Attorney General or Deputy Attorney General.) Heads of components will submit these cases to the Assistant Attorney General for Administration (AAG/A) for review and processing. Requests must be in writing, submitted through the component's servicing personnel office to the Director, Human Resources Staff, and contain all documentation required to complete the appointment action. Upon review by the Human Resources Staff, the AAG/A will forward the request to the appropriate certifying official with a recommendation for approval or disapproval.
The following information will be made available to the certifying official:
- A description of duties of sufficient detail to show that the position requires an expert or consultant.
- A Federal application or resume which demonstrates that the appointee's background and qualifications match the requirements of the position.
- A justification which includes the following information:
- The necessity for the position as an expert or consultant, or in the case of reappointment, the continuing need for the position and the services of an expert or consultant. A statement which certifies that the services of the expert or consultant do not duplicate any previously performed work or service, and are not already available within the Department.
- An evaluation of the appointee's qualifications, citing superior qualifications not available elsewhere, e.g., national or international expertise, highly specialized knowledges and skills.
- A determination of the daily or hourly rate to be paid in relation to both the work to be performed and the appointee's qualifications.
- The proposed tour of duty, i.e., a regularly scheduled tour of duty or intermittent work schedule.
- A certification that the employment of the expert or consultant does not violate appropriate use restrictions in 5 CFR 304.103(b).
- A Confidential Financial Disclosure Report, OGE-Form 450, if the work or advice the expert or consultant will provide will impact on non-Federal entities.