Federal Law Enforcement: Investigative Authority and Personnel at 13
Agencies (Letter Report, 09/30/96, GAO/GGD-96-154).

Pursuant to a congressional request, GAO provided information on the 13
federal agencies with the largest number of law enforcement
investigative personnel, focusing on: (1) the types of violations
investigated by these agencies; (2) these agencies' investigative
authorities; (3) the number of law enforcement investigative personnel
at these agencies at the end of fiscal years 1987, 1991, and 1995; and
(4) the number of personnel authorized to execute search warrants, make
arrests, and carry firearms as of September 1995.

GAO found that: (1) 10 agencies employ over 90 percent of federal law
enforcement investigative personnel and 3 agencies have 700 or more such
personnel; (2) these agencies investigate criminal violations including
organized crime, bank fraud, civil right violations, illegal
immigration, violations of mail integrity and security, custom, drug
trafficking, and money laundering violations, income tax violations, and
passport and visa fraud; (3) the agencies derive their investigative
authority primarily from statutory laws which are implemented through
executive orders, agency regulations, and interagency agreements; (4)
the 13 agencies employed about 42,800 law enforcement investigative
personnel at the end of fiscal year (FY) 1995 and, except at the
Immigration and Naturalization Service (INS), 100 percent of the
personnel could execute search warrants, make arrests, and carry
firearms; (5) there was a 19 percent overall increase in investigative
personnel between 1987 and 1995; and (6) the change in the number of law
enforcement investigative personnel ranged from an increase of about 66
percent at INS to a decrease of about 14 percent at the Naval Criminal
Investigative Service.

--------------------------- Indexing Terms -----------------------------

 REPORTNUM:  GGD-96-154
     TITLE:  Federal Law Enforcement: Investigative Authority and 
             Personnel at 13 Agencies
      DATE:  09/30/96
   SUBJECT:  Law enforcement agencies
             Law enforcement personnel
             Statutory law
             Crimes or offenses
             Investigations by federal agencies
             Firearms
             Search and seizure
             Personnel management
IDENTIFIER:  OPM Central Personnel Data File
             
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Cover
================================================================ COVER


Report to the Chairman, Subcommittee on Crime, Committee on the
Judiciary, House of Representatives

September 1996

FEDERAL LAW ENFORCEMENT -
INVESTIGATIVE AUTHORITY AND
PERSONNEL AT 13 AGENCIES

GAO/GGD-96-154

Investigative Authority and Personnel

(182022)


Abbreviations
=============================================================== ABBREV

  ATF - Bureau of Alcohol, Tobacco and Firearms
  DS - Bureau of Diplomatic Security
  CPDF - Central Personnel Data File
  DEA - Drug Enforcement Administration
  FBI - Federal Bureau of Investigation
  INS - Immigration and Naturalization Service
  IRS - Internal Revenue Service
  NCIS - Naval Criminal Investigative Service
  NPS - National Park Service
  OPM - U.S.  Office of Personnel Management

Letter
=============================================================== LETTER


B-272478

September 30, 1996

The Honorable Bill McCollum
Chairman, Subcommittee on Crime
Committee on the Judiciary
House of Representatives

Dear Mr.  Chairman: 

This report responds to your September 18, 1995, request that we
provide information on federal law enforcement investigative
personnel.  In a November 15, 1995, hearing before your
Subcommittee,\1 we provided information on the federal agencies
authorized to investigate criminal violations of federal law, the
number of investigative personnel employed by those agencies and
related salary costs, and previous information we had developed on
jurisdictional overlap. 

This report provides additional information on the agencies with the
largest number of law enforcement investigative personnel. 
Specifically, as agreed with your Subcommittee, we provide
information on (1) the types of violations investigated by these
agencies; (2) the authorities under which these agencies' personnel
investigate suspected federal criminal law violations, execute search
warrants, make arrests, and/or carry firearms; (3) the number of law
enforcement investigative personnel in these agencies as of September
30, 1995, and, of those personnel, the number authorized to execute
search warrants, make arrests, and/or carry firearms; and (4) the
number of law enforcement investigative personnel at these agencies
at the end of fiscal years 1987, 1991, and 1995. 


--------------------
\1 Federal Law Enforcement:  Information on Certain Agencies'
Criminal Investigative Personnel and Salary Costs (GAO/T-GGD-96-38,
Nov.  15, 1995). 


   BACKGROUND
------------------------------------------------------------ Letter :1

The growth of federal law enforcement has been evolutionary.  In
1789, the U.S.  Marshals Service, the U.S.  Customs Service, and the
Treasury Police were created.  Since then, additional law enforcement
agencies have been established in response to new laws and expanding
jurisdictions for federal officers.  For example, the Federal Bureau
of Investigation was created in 1908 to be the investigative force of
the Department of Justice.  The Internal Revenue Service's criminal
investigators were established in 1919 in the Bureau of Internal
Revenue.  More recently, in the 1970s, the Bureau of Alcohol, Tobacco
and Firearms; the Drug Enforcement Administration; and the criminal
investigators of the Offices of the Inspectors General were added. 

In our November 15, 1995, testimony, we identified the following
agency data (as of March 31, 1995): 

  -- 32 federal agencies had personnel who were eligible for special
     law enforcement pay and/or retirement benefits and were employed
     in 9 occupational series that involved investigative work;

  -- about 41,000 federal employees were in those agencies and in the
     9 occupational series; and

  -- annual salary costs amounted to about $2.2 billion for those
     employees. 


   RESULTS IN BRIEF
------------------------------------------------------------ Letter :2

Through an analysis of data maintained by the U.S.  Office of
Personnel Management (OPM) in its Central Personnel Data File (CPDF)
and a survey of the agencies with the largest numbers of law
enforcement investigative personnel, we determined the following. 

  -- Ten agencies employed over 90 percent of the law enforcement
     investigative personnel identified in our November 1995
     testimony.  An additional 3 agencies were found to have 700 or
     more law enforcement investigative personnel. 

  -- The 13 agencies investigate a variety of criminal violations,
     ranging from organized crime and income tax violations to
     illegal immigration and passport and visa fraud.  The agencies
     derive their authority primarily from statutory provisions
     reflected in the U.S.  Code. 

  -- The agencies reported, as of the end of fiscal year 1995, that
     they employed about 42,800 law enforcement investigative
     personnel.  Most of these personnel could execute search
     warrants, make arrests, and/or carry firearms, if necessary. 

  -- Between the end of fiscal years 1987 and 1995, the number of law
     enforcement investigative personnel at these agencies increased
     about 19 percent, overall. 

  -- The change in the number of law enforcement investigative
     personnel ranged from a growth of about 66 percent at the
     Immigration and Naturalization Service to a decline of about 14
     percent at the Department of the Navy's Naval Criminal
     Investigative Service. 


   OBJECTIVES, SCOPE, AND
   METHODOLOGY
------------------------------------------------------------ Letter :3

For this report, you asked that we gather additional information on
the agencies with the largest number of law enforcement investigative
personnel.  Specifically, we determined the following. 

  -- the types of violations investigated by these agencies;

  -- the authorities under which these agencies' personnel
     investigate suspected federal criminal law violations, execute
     search warrants, make arrests, and/or carry firearms;

  -- the number of law enforcement investigative personnel in these
     agencies as of September 30, 1995, and, of those personnel, the
     number authorized to execute search warrants, make arrests,
     and/or carry firearms; and

  -- the number of law enforcement investigative personnel at these
     agencies at the end of fiscal years 1987, 1991, and 1995. 

For our November 1995 testimony, we obtained information from OPM's
CPDF as of March 31, 1995.  As agreed with the Subcommittee, we
obtained information for this report on the 10 agencies or agency
components with the largest number of law enforcement investigative
personnel as identified in the CPDF and reported in our November
testimony.  The law enforcement investigative personnel in these 10
agencies comprised over 90 percent of the investigative personnel
identified in the November 1995 testimony.  In addition, as agreed
with the Subcommittee and using a threshold of 700 law enforcement
investigative personnel, we obtained information directly from 2
agencies that do not report data to OPM and from 1 agency whose CPDF
data we were unable to use for this analysis because of coding
anomalies.  We identified these three additional agencies with at
least 700 law enforcement investigative personnel through our
research.  The names of these 13 agencies are as follows: 

  -- Federal Bureau of Investigation (FBI);

  -- Immigration and Naturalization Service (INS);

  -- Drug Enforcement Administration (DEA);

  -- U.S.  Marshals Service;

  -- Internal Revenue Service (IRS);

  -- U.S.  Secret Service;

  -- U.S.  Customs Service;

  -- Bureau of Alcohol, Tobacco and Firearms (ATF);

  -- Department of the Interior, National Park Service (NPS);

  -- Department of the Navy, Naval Criminal Investigative Service
     (NCIS);

  -- U.S.  Postal Inspection Service (data were not in the CPDF);

  -- U.S.  Capitol Police (data were not in the CPDF); and

  -- Department of State, Bureau of Diplomatic Security (DS) (we were
     unable to use CPDF-reported data). 

Consistent with our November 1995 testimony, we defined "law
enforcement criminal investigative personnel" as those personnel
employed in occupational series that significantly involve
investigative work and that meet the definition of "law enforcement
officer" in section 5541(3) of Title 5 of the U.S.  Code for purposes
of certain premium pay provisions.\2 Law enforcement investigative
personnel and the broader term "law enforcement personnel" can be
defined in numerous ways, depending on the information sought.  We
believe our definition of law enforcement investigative personnel (a
subset of all law enforcement personnel), as used in this study, best
meets the Subcommittee's needs.\3

To obtain information on the types of criminal violations
investigated, the agencies' investigative authority, and the
authority of the agencies' law enforcement investigative personnel to
execute search warrants, make arrests, and carry firearms, we
administered a survey to all 13 agencies.  We reviewed the returned
surveys for completeness and consistency, verified the accuracy of
the cited investigative authority, and reconciled any discrepancies
with agency officials.  We also used the survey to obtain fiscal
year-end data on the numbers of law enforcement investigative
personnel employed by the 13 agencies and authorized to perform
certain functions.  In our analysis of changes in the number of law
enforcement investigative personnel we used CPDF data for all the
agencies except the Postal Inspection Service, the Capitol Police,
and DS.  For these three agencies, we used data from the survey
responses.  In our analysis of changes in the number of personnel, we
focused on fiscal years 1987, 1991, and 1995 because consistent CPDF
data were not readily available for other years. 

We obtained oral comments on the information contained in this report
from each of the agencies studied.  These comments are discussed at
the end of this letter. 

We did our work between February 1996 and July 1996 in Washington,
D.C., in accordance with generally accepted government auditing
standards. 


--------------------
\2 For the purposes of certain premium pay provisions, section
5541(3) of Title 5 provides that the term "law enforcement officer"
means an employee who meets the definition of "law enforcement
officer" under the retirement provisions of section 8331(20) or
8401(17) of Title 5.  In addition, the section 5541(3) definition
also includes an employee who is not subject to such retirement
provisions but holds a position that OPM determines would satisfy
certain statutory criteria.  This category includes employees such as
Foreign Service security personnel, the United States Park Police,
and the United States Secret Service Uniformed Division.  Certain
employees who have transferred from a law enforcement officer
position to a supervisory or administrative position are also
included under the section 5541(3) definition, but these employees
were not included within the scope of our survey. 

\3 It is the position of the Department of the Treasury that Customs
Inspectors, for purposes of this study, should have been considered
law enforcement officers.  Treasury states that Customs Inspectors
are required to carry firearms, have search and arrest authority, and
receive certain treatment by Congress in statute that, in Treasury's
opinion, recognizes Customs Inspectors as law enforcement officers. 
However, we did not include them because, according to OPM, Customs
Inspectors are not covered under the special retirement provisions
for law enforcement officers cited above.  As of September 30, 1995,
Customs had 7,145 inspectors.  It is also the position of Treasury
that Customs Aircraft Pilots should have been included in our
analyses.  The pilots are part of the larger universe of personnel
covered under the special retirement provisions for law enforcement. 
Treasury states that the pilots can carry firearms, have search and
arrest authority, and perform investigative work.  Treasury also
stated that the pilots have received certain treatment by Congress
that recognized them as investigative personnel.  We did not include
the pilots in our study because, while they may perform investigative
work, they are currently employed in occupational series 2181, which
covers personnel whose primary duty is piloting aircraft.  As of
September 30, 1995, Customs had 317 pilots. 


   VIOLATIONS INVESTIGATED BY
   AGENCIES AND THEIR LAW
   ENFORCEMENT AUTHORITIES
------------------------------------------------------------ Letter :4

Each of the 13 agencies we surveyed has a designated mission and is
responsible for investigating a variety of criminal violations.  (See
app.  I.) For example: 

  -- FBI investigates more than 200 categories of federal crimes,
     including bank fraud, embezzlement, kidnapping, and civil rights
     violations;

  -- INS investigates offenses involving the Immigration and
     Nationality Act;

  -- the Postal Inspection Service is responsible for investigating
     violations of about 200 federal statutes that deal with the
     integrity and security of mail; the safeguarding of postal
     employees, property, and the work environment; and the
     protection of Postal Service revenue and assets; and

  -- the Customs Service investigates possible violations of over 400
     laws, including customs, drug, export control, and money
     laundering control laws, for 40 different agencies. 

Generally, each agency's investigative authority, as well as the
authority of its personnel to execute search warrants, make arrests,
and carry firearms, is derived from statute.  These authorities may
be implemented through presidential executive orders and agencies'
regulations, policies, and/or interagency agreements.  A listing of
the legal authorities enabling agencies to do certain investigative
functions is provided in appendix II. 


   NUMBER OF LAW ENFORCEMENT
   INVESTIGATIVE PERSONNEL
------------------------------------------------------------ Letter :5

The 13 agencies reported a total of about 42,800 law enforcement
investigative personnel as of the end of fiscal year 1995.  At all
agencies, except INS, 100 percent of the reported law enforcement
investigative personnel were authorized to make arrests, execute
search warrants, and carry firearms.  At INS, while 100 percent of
the law enforcement investigative personnel were authorized to carry
firearms, only 80 percent were authorized to execute search warrants,
and slightly less than 100 percent were authorized to make arrests. 
(See app.  III.)


   CHANGES IN THE NUMBER OF LAW
   ENFORCEMENT INVESTIGATIVE
   PERSONNEL BETWEEN FISCAL YEARS
   1987 AND 1995
------------------------------------------------------------ Letter :6

Overall, the total number of law enforcement investigative personnel
increased between fiscal years 1987 and 1995.  CPDF data, combined
with the survey responses from the Postal Inspection Service, the
Capitol Police, and DS, showed that as of September 30, 1995, there
were about 41,400 law enforcement investigative personnel employed in
the 13 agencies we reviewed.\4 This total represents an increase of
about 19 percent above the nearly 34,700 personnel employed on
September 30, 1987.  Nine agencies experienced growth in the number
of law enforcement investigative personnel.  Four agencies (the
Customs Service, the Capitol Police, NCIS, and DS) showed a decrease. 
For the 13 agencies we reviewed, the change in the number of law
enforcement investigative personnel ranged from a growth of about 66
percent at INS to a decline of about 14 percent at NCIS.  (See app. 
IV.)


--------------------
\4 This total of about 41,400 law enforcement investigative personnel
differs from the September 30, 1995, total reported to us in the 13
completed surveys, which was about 42,800.  The survey response
prepared by NPS included about 1,300 Park Rangers.  The survey and
CPDF data cannot be completely reconciled; however, they differ by
less than 1 percent.  Because NPS first began evaluating Park Rangers
for coverage under special law enforcement retirement provisions in
1993, we have excluded them from our totals only in this analysis of
changes in the number of personnel between fiscal years 1987 and
1995. 


   COMMENTS AND OUR EVALUATION
------------------------------------------------------------ Letter :7

We discussed the results of our study and the contents of this report
with cognizant agency officials between July 16 and 26, 1996.\5 The
majority of the officials were generally in agreement with the
findings and suggested only technical or clarifying changes to the
information pertaining to their agency.  We have made those changes
as appropriate.  However, Treasury officials believed that Customs
Service Inspectors and Aircraft Pilots should have been included in
the study.  As previously noted, the Subcommittee's focus is on law
enforcement personnel whose primary responsibility is investigative;
therefore, we did not include these employees in our results.  We do
provide the number of Customs Service Inspectors and Aircraft Pilots
in footnote 3 of this report. 


--------------------
\5 We spoke with Treasury's Director, Finance and Administration
(Enforcement); Justice's Director, Audit Liaison Office; Capitol
Police's Chief of Police; Postal Inspection Service's Deputy Chief
for Operations Support; NCIS' Principle Deputy General Counsel,
Department of the Navy; DS' Executive Assistant, Chief Criminal
Investigations Division; NPS' Management Officer; and other officials
at these agencies. 


---------------------------------------------------------- Letter :7.1

We will send copies of this report to the Ranking Minority Member of
your Subcommittee and the Chairman and Ranking Minority Member of the
Senate Committee on the Judiciary.  We will also make copies
available to others on request. 

The major contributors to this report are listed in appendix V. 
Please give me a call on (202) 512-8777 if you have any questions
about this report. 

Sincerely yours,

Norman J.  Rabkin
Director, Administration of
 Justice Issues


AGENCY INVESTIGATIVE
RESPONSIBILITIES
=========================================================== Appendix I

Agency                  Type of criminal violations investigated
------------------  --  --------------------------------------------------------
Department of Justice
--------------------------------------------------------------------------------
FBI                     The FBI has investigative jurisdiction over violations
                         of more than 200 categories of federal crimes. Top
                         priority has been assigned to five areas: (1)
                         counterterrorism, (2) drugs/organized crime, (3)
                         foreign counterintelligence, (4) violent crime, and (5)
                         white-collar crime. In addition, the FBI is authorized
                         to investigate matters where prosecution is not
                         contemplated. For example, under the authority of
                         several executive orders, the FBI is responsible for
                         conducting background security checks concerning
                         nominees to sensitive government positions. The FBI
                         also has been directed or authorized by presidential
                         statements or directives to obtain information about
                         activities suspected of jeopardizing the security of
                         the nation.
INS                     INS investigations occur within the context of its law
                         enforcement mission to prevent improper entry of people
                         into the United States and the granting of benefits to
                         those not legally entitled to them; to apprehend and
                         remove those aliens who enter the United States
                         illegally and/or whose stay is not in the public
                         interest; and to enforce sanctions against those who
                         act or conspire to subvert the requirements for
                         selective and controlled entry, including sanctions
                         against employers who knowingly hire aliens not
                         authorized to work in the United States.
DEA                     DEA investigations occur within the context of DEA's
                         responsibilities to enforce the provisions of federal
                         laws and regulations concerning controlled substances,
                         chemical diversion, and drug-trafficking.
U.S. Marshals           The U.S. Marshals Service has investigative and
 Service                 apprehension responsibility for the following offenses:
                         bond defaults, probation and parole violations, and
                         escapes. The Marshals Service also is responsible for
                         enforcing warrants from agencies without arrest powers,
                         bench warrants issued by federal judges, and DEA-
                         referred warrants.

Department of the Treasury
--------------------------------------------------------------------------------
IRS                     IRS has the responsibility to enforce the criminal
                         statutes applicable to income, estate, gift,
                         employment, and excise tax laws as well as financial
                         crimes, such as money laundering. More specifically,
                         the types of investigations in which IRS is involved
                         include bankruptcy fraud, financial institution fraud,
                         health care fraud, nonhealth care insurance fraud,
                         gaming, government official/employee corruption,
                         fraudulent tax refund schemes, preparers of fraudulent
                         tax returns, illegal tax protest schemes, telemarketing
                         fraud, and narcotics. IRS also is responsible for
                         investigating allegations of misconduct by IRS
                         employees, corrupt or forcible interference with IRS
                         laws, unauthorized disclosure of tax information, and
                         fraud against the IRS not directly related to tax
                         fraud, such as contract or procurement fraud.
U.S. Secret             The U.S. Secret Service is responsible for investigating
 Service                 violations of federal law relating to its protective
                         mission with respect to the president and other
                         protectees. Such violations include threats or acts of
                         violence against the president and other protectees,
                         counterfeiting of government passes, and conspiracy
                         against the United States. In addition, the Secret
                         Service is responsible for investigating the
                         counterfeiting of U.S. and foreign obligations as well
                         as investigating other areas of financial fraud, such
                         as fraudulent schemes involving credit cards, debit
                         cards, cellular telephones, documents, financial
                         institutions, computers, electronic fund transfers,
                         money laundering, and securities.
U.S. Customs            The U.S. Customs Service investigations occur within the
 Service                 context of its responsibilities to enforce over 400
                         laws for 40 different agencies. The major categories of
                         laws for which the Customs Service has responsibility
                         are customs laws (e.g., the Tariff Act of 1930), drug
                         laws, export control laws, money laundering control
                         laws, and laws enforced on behalf of other agencies.
ATF                     ATF investigations occur within the context of its
                         responsibilities to enforce laws regarding, for
                         example, distilled spirits, beer, wine, tobacco,
                         firearms, explosives, and arson. More specifically, ATF
                         responsibilities include the enforcement of the Gun
                         Control Act of 1968, Title XI of the Organized Crime
                         Control Act of 1970, the National Firearms Act, the
                         Arms Export Control Act, Chapters 51 and 52 of the
                         Internal Revenue Code of 1986, and the Federal Alcohol
                         Administration Act.
U.S. Postal             The Postal Inspection Service is responsible for
 Inspection              investigating violations of about 200 federal statutes
 Service                 that deal with the integrity and security of mail; the
                         safeguarding of postal employees, property, and the
                         work environment; and the protection of Postal Service
                         revenue and assets.
NPS                     NPS is responsible for investigating offenses against
                         the United States committed within the national park
                         system in the absence of an investigation by any other
                         federal law enforcement agency. NPS also has authority
                         on and within roads, parks, parkways, and other federal
                         reservations within the District of Columbia. The types
                         of investigations in which NPS is involved include
                         Assimilated Crimes Act investigations, drug
                         enforcement, environmental crimes, crimes against
                         persons, and resource-related crimes, such as plant and
                         wildlife poaching, archaeological site looting,
                         vandalism of historical sites, and simple theft of
                         resources.
U.S. Capitol            The U.S. Capitol Police is responsible for investigating
 Police                  all D.C. Code and D.C. Regulation violations committed
                         within its jurisdiction as well as all violations under
                         Title 18 of the U.S. Code for crimes committed within
                         its jurisdiction.
NCIS                    NCIS is responsible for investigating violations of
                         military law, which include, for example, desertion.
                         NCIS also is responsible for investigating any federal
                         criminal offense with a nexus to the Department of the
                         Navy, which can include murder, rape, aggravated
                         assault, theft of government property, fraud against
                         the Navy, counterfeiting, mail fraud, espionage,
                         subversion, sabotage, child sex abuse, kidnapping,
                         bribery, and weapons/explosives offenses. For example,
                         NCIS investigates narcotics trafficking offenses that
                         involve Navy personnel, that occur on Navy
                         installations or ships, or that have the potential to
                         impact on Navy personnel.
DS                      DS' investigatory duties include background
                         investigations of personnel, passport and visa fraud,
                         counterintelligence, and investigations overseas as
                         requested by other federal law enforcement agencies. DS
                         also conducts protective intelligence investigations
                         concerning threats made against foreign missions in the
                         United States, U.S. government employees abroad, and
                         DS-protected dignitaries.
--------------------------------------------------------------------------------
Source:  Agency responses to GAO survey. 


PRIMARY LEGAL AUTHORITIES CITED BY
SELECTED AGENCIES AS ENABLING THEM
TO PERFORM CERTAIN INVESTIGATIVE
FUNCTIONS
========================================================== Appendix II

                Authority to
                conduct         Authority to                    Authority to
                criminal        execute search  Authority to    carry firearms,
Agency          investigations  warrants        make arrests    if necessary
--------------  --------------  --------------  --------------  ----------------
Department of Justice
--------------------------------------------------------------------------------
FBI             28 U.S.C.       18 U.S.C.       18 U.S.C.       18 U.S.C. ï¿½3052;
                ï¿½533; 28        ï¿½3107           ï¿½3052; 40       40 U.S.C. ï¿½318
                C.F.R.                          U.S.C. ï¿½318
                ï¿½0.85(a)

INS             8 U.S.C.        8 U.S.C.        8 U.S.C.        8 U.S.C. ï¿½1357;
                ï¿½ï¿½1103(a),      ï¿½1357; 8        ï¿½ï¿½1357, 1225,   8 C.F.R. ï¿½287.5
                1225(a),        C.F.R. ï¿½287.5   1324(c); 8
                1324a(e)(2),                    C.F.R. ï¿½287.5
                1324(c),
                1357(b)

U.S. Marshals   28 U.S.C.       28 U.S.C.       28 U.S.C.       28 U.S.C.
Service         ï¿½ï¿½566(a), (c),  ï¿½566(c); 28     ï¿½ï¿½566(c), (d);  ï¿½566(d); 18
                (e)(1)(B); 18   C.F.R.          18 U.S.C.       U.S.C. ï¿½3053
                U.S.C. ï¿½ï¿½3606,  ï¿½60.3(a)(5);    ï¿½3053; Fed. R.
                3146, 3148,     Fed. R. Crim.   Crim. P.
                3193, 4213; 28  P. 41(c)(1)     4(d)(1),
                C.F.R.                          (9)(c)(1)
                ï¿½ï¿½0.111(a),
                (q); Fed. R.
                Crim. P.
                4(d)(1),
                9(c)(1)

DEA             21 U.S.C.       21 U.S.C. ï¿½878  21 U.S.C. ï¿½878  21 U.S.C. ï¿½878
                ï¿½ï¿½801-971; 28
                C.F.R.
                ï¿½ï¿½0.100,
                0.101;
                Reorganization
                Plan No. 2 of
                March 28,
                1973; E.O.
                11727 of July
                6, 1973. In
                addition,
                certain public
                laws, such as
                the controlled
                substances
                acts; the
                Maritime Drug
                Law
                Enforcement
                Act; and
                certain
                statutory
                offense
                provisions,
                such as
                Racketeer
                Influenced and
                Corrupt
                Organizations
                Act (RICO)
                drug-
                trafficking
                violations,
                among others,
                give DEA the
                statutory
                authority to
                accomplish its
                mission.


Department of the Treasury
--------------------------------------------------------------------------------
IRS             26 I.R.C.       26 I.R.C.       26 I.R.C.       According to the
                ï¿½ï¿½7608(b),      ï¿½7608(b)        ï¿½7608(b)        IRS, there is no
                7801, 7802; 18                                  statutory
                U.S.C. ï¿½ï¿½1956,                                  authority for
                1957; Bank                                      special agents
                Secrecy Act                                     to carry
                (31 U.S.C.                                      firearms. The
                ï¿½5311 et                                        General Counsel,
                seq.); August                                   Department of
                1990 MOU with                                   the Treasury,
                Justice and                                     has concluded
                the Postal                                      that no specific
                Service;                                        authority is
                Treasury                                        necessary where
                Directive 15-                                   a federal
                42; 18 U.S.C.                                   officer has the
                ï¿½981; 5 U.S.C.                                  authority to
                ï¿½301                                            make an arrest
                                                                and that the
                                                                authority to
                                                                carry a firearm
                                                                is implicit.

U.S. Secret     18 U.S.C.       18 U.S.C.       18 U.S.C.       18 U.S.C. ï¿½3056;
Service         ï¿½3056; 3        ï¿½3056; 3        ï¿½3056; 3        3 U.S.C. ï¿½202
                U.S.C. ï¿½202     U.S.C. ï¿½202     U.S.C. ï¿½202

U.S. Customs    19 U.S.C.       19 U.S.C.       19 U.S.C.       19 U.S.C.
Service         ï¿½ï¿½1589a, 2081;  ï¿½1589a; 31      ï¿½ï¿½1581, 1589a;  ï¿½1589a
                31 U.S.C.       U.S.C. ï¿½5317;   31 U.S.C.
                ï¿½5317; 50       50 U.S.C. App.  ï¿½5317; 50
                U.S.C. App.     ï¿½2411           U.S.C. App.
                ï¿½2411                           ï¿½2411

ATF             Gun Control     26 U.S.C.       26 U.S.C.       26 U.S.C.
                Act of 1968     ï¿½7608(a)        ï¿½7608(a)        ï¿½7608(a)
                (18 U.S.C.
                Chapter 44);
                Title XI,
                Organized
                Crime Control
                Act of 1970
                (18 U.S.C.
                Chapter 40);
                National
                Firearms Act
                (26 U.S.C.
                Chapter 53);
                26 U.S.C.
                ï¿½7801; Arms
                Export Control
                Act (22 U.S.C.
                ï¿½2778); E.O.
                11958; 42 Fed.
                Reg. 4311
                (1977);
                Treasury Order
                120-01, June
                6, 1972; 26
                U.S.C.
                Chapters 51
                and 52; 26
                U.S.C. ï¿½4181;
                Federal
                Alcohol
                Administration
                Act (27 U.S.C.
                Chapter 8); 18
                U.S.C. ï¿½2342;
                49 U.S.C. App.
                Chapter 11; 18
                U.S.C. ï¿½ï¿½1262-
                1265, 1952,
                3615

U.S. Postal     18 U.S.C.       18 U.S.C.       18 U.S.C.       18 U.S.C. ï¿½3061;
Inspection      ï¿½3061; 39       ï¿½3061; 28       ï¿½3061; 39       39 U.S.C.
Service         U.S.C.          C.F.R. 60.3     U.S.C.          ï¿½404(a)(7); 39
                ï¿½404(a)(7); 5   (a)(8)          ï¿½404(a)(7); 39  C.F.R. ï¿½233.1
                U.S.C. App. 3                   C.F.R. ï¿½233.1

NPS             16 U.S.C. ï¿½1-   16 U.S.C. ï¿½1-   16 U.S.C. ï¿½1-   16 U.S.C. ï¿½1-a-
                a-(6); 4 D.C.   a-(6); 4 D.C.   a-(6); 4 D.C.   (6); 4 D.C. Code
                Code ï¿½ï¿½4-201,   Code ï¿½ï¿½4-201,   Code ï¿½ï¿½4-201,   ï¿½ï¿½4-201, 4-202,
                4-202, 4-206,   4-202, 4-206,   4-202, 4-206,   4-206, 4-207
                4-207           4-207           4-207

U.S. Capitol    40 U.S.C.       40 U.S.C.       40 U.S.C.       40 U.S.C. ï¿½210
Police          ï¿½ï¿½212a, 212a-   ï¿½ï¿½212a, 212a-   ï¿½ï¿½212a, 212a-
                2, 212a-3       2, 212a-3       2, 212a-3

NCIS            10 U.S.C.       SECNAVINST      SECNAVINST      SECNAVINST
                ï¿½ï¿½807, 936,     5520.3B; P.L.   5520.3B; P.L.   5520.3B; P.L.
                1585; 5 U.S.C.  99-145, ï¿½1223;  99-145, ï¿½1223;  99-145, ï¿½1223;
                ï¿½ï¿½303(b), 304;  Fed. R. Crim.   10 U.S.C. ï¿½807  10 U.S.C. 1585
                Fed. R. Crim.   P. 41(h)        (UCMJ),
                P. 41(h)        (Codified at    Article 7 (to
                (Codified at    C.F.R. ï¿½ 60.1-  arrest
                28 C.F.R. ï¿½60.  60.3)           military
                1-60.3); E.O.                   members only)
                12333; ï¿½1223
                of the Defense
                Authorization
                Act of 1986;
                SECNAVINST
                5520.3B

DS              22 U.S.C.       22 U.S.C.       22 U.S.C.       22 U.S.C.
                ï¿½2709           ï¿½ï¿½2709, 4802    ï¿½ï¿½2709, 4802    ï¿½ï¿½2709, 4802
--------------------------------------------------------------------------------
LEGEND:
App.  - Appendix
C.F.R.  - Code of Federal Regulations
E.O.  - Executive Order
Fed.  R.  Crim.  P.  - Federal Rules of Criminal Procedure
Fed.  Reg.  - Federal Regulation
I.R.C.  - Internal Revenue Code
MOU - Memorandum of Understanding
P.L.  - Public Law
SECNAVINST - Secretary of the Navy Instruction
UCMJ - Uniform Code of Military Justice
U.S.C.  - United States Code
ï¿½ - Section

Source:  Agency responses to GAO survey. 


NUMBER OF LAW ENFORCEMENT
INVESTIGATIVE PERSONNEL AUTHORIZED
TO PERFORM CERTAIN FUNCTIONS, AS
OF THE END OF FISCAL YEAR 1995
========================================================= Appendix III

                          Total number
                                    of       Execute                       Carry
                          investigativ        search                firearms, if
Agency                    e personnel\      warrants  Make arrests     necessary
------------------------  ------------  ------------  ------------  ------------
Department of Justice
--------------------------------------------------------------------------------
FBI                             10,089        10,089        10,089        10,089
INS                              8,013         6,412         7,995         8,013
DEA                              3,426         3,426         3,426         3,426
U.S. Marshals Service            2,466         2,466         2,466         2,466

Department of the Treasury
--------------------------------------------------------------------------------
IRS                              3,779         3,779         3,779         3,779
U.S. Secret Service              3,227         3,227         3,227         3,227
U.S. Customs Service             2,977         2,977         2,977         2,977
ATF                              1,940         1,940         1,940         1,940
U.S. Postal Inspection           2,226         2,226         2,226         2,226
 Service
NPS\a                            1,966         1,966         1,966         1,966
U.S. Capitol Police              1,074         1,074         1,074         1,074
NCIS                               935           935           935           935
DS                                 709           709           709           709
================================================================================
Total                           42,827        41,226        42,809        42,827
--------------------------------------------------------------------------------
Note:  Fiscal year-end 1995 CPDF data differ from those reported by
the agencies by less than 1 percent. 

\a The NPS total includes Park Police, Park Rangers, and personnel
employed in Series 1811, Criminal Investigating.  The number of
personnel in Series 1811 is an estimate (the estimated number
accounts for less than 3 percent of the NPS total).  The Park Ranger
data are as of December 9, 1995; 1,305 Park Rangers are included in
the NPS total. 

Source:  Agency responses to GAO survey.  CPDF data do not include
the functions personnel are authorized to perform. 


NUMBER OF LAW ENFORCEMENT
INVESTIGATIVE PERSONNEL AT THE END
OF FISCAL YEARS 1987, 1991, AND
1995
========================================================== Appendix IV

Agency                                    1987        1991      1995\a
----------------------------------  ----------  ----------  ----------
Department of Justice
----------------------------------------------------------------------
FBI                                      9,433      10,329      10,082
INS                                      4,838       6,495       8,014
DEA                                      2,791       3,556       3,471
U.S. Marshals Service\b                  1,927       2,250       2,463

Department of the Treasury
----------------------------------------------------------------------
IRS                                      3,335       3,520       3,756
U.S. Secret Service                      2,445       2,637       3,225
U.S. Customs Service                     2,921       3,095       2,912
ATF                                      1,344       1,988       1,929
U.S. Postal Inspection Service           2,016       2,157       2,226
NPS\c                                      573         620         648
U.S. Capitol Police                      1,196       1,222       1,074
NCIS                                     1,081       1,076         934
DS                                         793         773         709
======================================================================
Total                                   34,693      39,718      41,443
----------------------------------------------------------------------
\a Fiscal year-end 1995 CPDF data differ from those reported by the
agencies by less than 1 percent. 

\b In January 1995, the U.S.  Marshals Service reclassified all
personnel in the 082, U.S.  Marshal Series, into the 1811, Criminal
Investigating Series, except for the 94 presidentially appointed
Marshals who remain in the 082 series.  As a result, to assess growth
in the U.S.  Marshals Service, the data shown for the U.S.  Marshals
Service include personnel in the 082 Series. 

\c The NPS total includes the Park Police and personnel employed in
Series 1811, Criminal Investigating.  The 1,305 Park Rangers are not
included because NPS first began including Park Rangers for coverage
under special law enforcement retirement in 1993.  Before this
process, there were no Park Rangers under special law enforcement
retirement.  NPS has not determined if those individuals presently
under law enforcement retirement would have been in earlier years. 

Sources:  Agency responses to GAO survey for the U.S.  Postal
Service, U.S.  Capitol Police, and DS, and CPDF data for the other
agencies. 


MAJOR CONTRIBUTORS TO THIS REPORT
=========================================================== Appendix V

GENERAL GOVERNMENT DIVISION,
WASHINGTON, D.C. 

Weldon McPhail, Assistant Director
Doris M.  Page, Evaluator-in-Charge
Michael Kassack, Senior Evaluator
Mary Hall, Evaluator
Pamela V.  Williams, Communications Analyst
David Alexander, Senior Social Science Analyst
Gregory Wilmoth, Senior Social Science Analyst
Stuart M.  Kaufman, Senior Social Science Analyst

OFFICE OF THE GENERAL COUNSEL,
WASHINGTON, D.C. 

Geoffrey Hamilton, Senior Attorney


*** End of document. ***