Chuck Grassley

09/25/2024 | Press release | Distributed by Public on 09/25/2024 10:31

Grassley, Ernst Leverage Newly Obtained Records on ATF’s Unlawful Misclassification Scandal to Seek Answers & Accountability

09.25.2024

Grassley, Ernst Leverage Newly Obtained Records on ATF's Unlawful Misclassification Scandal to Seek Answers & Accountability

WASHINGTON - Upon obtaining an unreleased report via protected whistleblower disclosures, Iowa Sens. Chuck Grassley and Joni Ernst are raising additional questions about the Office of Personnel Management (OPM)'s decision to reinstate the Bureau of Alcohol, Tobacco, Firearms and Explosive (ATF)'s position classification authority. The Office of Special Counsel previously substantiated whistleblower claims ATF repeatedly and unlawfully labeled administrative positions as "law enforcement," costing the taxpayer at least $20 million.

The new records show the Justice Department (DOJ) Justice Management Division (JMD), which is supposed to determine whether DOJ is properly classifying law enforcement positions, requested the National Academy of Public Administration (NAPA) assess the agency's practices. The resulting report reveals far-reaching failures across DOJ and raises flags about findings in an ATF Human Capital Management Evaluation (HCME) audit OPM conducted but has yet to publish.

"[OPM] must fully explain, in detail, the actions taken by ATF, the Justice Department, and JMD to come into full compliance with the law, as well as the oversight mechanisms put in place to prevent millions of taxpayer dollars from being subjected to further 'substantial waste' due to the ATF's illegal misconduct," Grassley and Ernst wrote. "Further, the Justice Department must provide answers to the taxpayers about how those who were involved in or allowed ATF's illegal misclassification scheme to continue have been held accountable. The American public deserves transparency from the OPM."

Notable excerpts from the NAPA report:

  • DOJ's lack of effective oversight enabled ATF's illegal misclassification scheme to persist; JMD only denied one ATF classification request in the past eight years, despite OPM identifying 91 misclassified positions.

  • OPM has not regularly audited federal agencies' classification practices.

  • ATF failed to conduct its five-year position classification review for many years, in violation of agency policy.

Grassley and Ernst are requesting OPM provide the complete, unpublished ATF HCME audit. However, the NAPA report discusses the following audit contents:

  • ATF leadership "has acted outside of merit system principles and demonstrates disregard for the rule of law and regulations that implement federal human capital management policies and practices."

  • "[S]ome ATF [human resources] staff raised their concerns about the [illegal classifications] to the ATF leadership, but leaders rejected their concerns" and "ignored warnings by ATF officials."

  • ATF classification "practices are carried out in fear of retaliation for disagreeing with managers."

The senators' full letters to JMD and ATF, as well as OPM, are available at the corresponding links.

-30-

  • Print
  • Email
  • Like
  • Tweet