Federal Law Enforcement: Investigative Authority and Personnel at 32
Organizations (Letter Report, 07/22/97, GAO/GGD-97-93).
This report, the third and final in a series on federal law enforcement
investigative personnel and authority, discusses federal organizations
identified in a November 1995 testimony (GAO/T-GGD-96-38) as employing
from 25 to 699 law enforcement investigative personnel. GAO provides
information on (1) the types of violations that these organizations
investigate; (2) the authorities under which these organizations
investigate suspected federal criminal law violations, execute search
warrants, make arrests, and carry firearms; (3) the number of law
enforcement investigative personnel in these organizations as of
September 30, 1996, and the number of these personnel who were
authorized to execute search warrants, make arrests, and carry firearms;
and (4) how the number of law enforcement investigative personnel in
these organizations has changed since the end of fiscal year 1987.
--------------------------- Indexing Terms -----------------------------
REPORTNUM: GGD-97-93
TITLE: Federal Law Enforcement: Investigative Authority and
Personnel at 32 Organizations
DATE: 07/22/97
SUBJECT: Law enforcement agencies
Statutory law
Law enforcement personnel
Human resources utilization
Arrests
Investigations by federal agencies
Crimes or offenses
Search and seizure
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
July 1997
FEDERAL LAW ENFORCEMENT -
INVESTIGATIVE AUTHORITY AND
PERSONNEL AT 32 ORGANIZATIONS
GAO/GGD-97-93
Investigative Authority and Personnel
(182030)
Abbreviations
=============================================================== ABBREV
AFOSI - Air Force Office of Special Investigations
CPDF - Central Personnel Data File
DOD - Department of Defense
EPA - Environmental Protection Agency
FDA - Food and Drug Administration
FDIC - Federal Deposit Insurance Corporation
GSA - General Services Administration
HHS - Department of Health and Human Services
HUD - Department of Housing and Urban Development
NASA - National Aeronautics and Space Administration
OIG - Office of Inspector General
OLMS - Office of Labor Management Standards
OPM - U.S. Office of Personnel Management
SBA - Small Business Administration
SSA - Social Security Administration
UCMJ - Uniform Code of Military Justice
USDA - U.S. Department of Agriculture
VA - Department of Veterans Affairs
Letter
=============================================================== LETTER
B-275221
July 22, 1997
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 and authority. In meetings with your office, we agreed to
conduct our work in three parts. First, in a November 15, 1995,
testimony before your Subcommittee,\1 we provided information on the
organizations authorized to investigate suspected criminal violations
of federal law, the number of investigative personnel employed by
those organizations and their related salary costs, and previous
information we had developed on jurisdictional overlap. Second, in a
report dated September 30, 1996,\2 we provided additional information
on the federal organizations that employed 700 or more law
enforcement investigative personnel.
This report is the third and final in the series, and it provides
information on federal organizations identified in our November 1995
testimony as employing from 25 to 699 law enforcement investigative
personnel. Specifically, we provide information on (1) the types of
violations that these organizations investigate; (2) the authorities
under which these organizations 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 organizations as of September 30,
1996, and the number of these personnel who were authorized to
execute search warrants, make arrests, and/or carry firearms; and (4)
how the number of law enforcement investigative personnel in these
organizations has changed since the end of fiscal year 1987.
--------------------
\1 Federal Law Enforcement: Information on Certain Agencies'
Criminal Investigative Personnel and Salary Costs (GAO/T-GGD-96-38,
Nov. 15, 1995).
\2 Federal Law Enforcement: Investigative Authority and Personnel at
13 Agencies (GAO/GGD-96-154, Sept. 30, 1996).
BACKGROUND
------------------------------------------------------------ Letter :1
The growth of federal law enforcement has been evolutionary. In
1789, the position of the U.S. Marshal and the U.S. Customs Service
were created. Since then, additional law enforcement organizations
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 Inspector General (OIG) were added to
the ranks of federal law enforcement.
In our September 1996 report, we provided information on the 13
organizations that employed 700 or more law enforcement investigative
personnel. Ten of these organizations employed 38,739 law
enforcement investigative personnel (over 90 percent of the law
enforcement investigative personnel identified in our November 1995
testimony). This report provides information on an additional 32
federal organizations that employed about 9 percent of the law
enforcement investigative personnel identified in our 1995 testimony.
RESULTS IN BRIEF
------------------------------------------------------------ Letter :2
We analyzed data maintained by the U.S. Office of Personnel
Management (OPM) in its Central Personnel Data File (CPDF) and
surveyed federal organizations employing from 25 to 699 law
enforcement investigative personnel. On the basis of this
information, we determined that employees meeting our definition of
law enforcement investigative personnel were located in 32
organizations. Twenty of these federal organizations are OIGs, whose
responsibilities include criminal investigations. The remaining 12
federal organizations are responsible for investigating a variety of
criminal violations. These 32 organizations reported that they
investigate a variety of suspected criminal violations, ranging from
food stamp trafficking to Social Security fraud, and that they derive
their authority primarily from statutory provisions set out in the
U.S. Code.
In addition, the 32 organizations reported that at the end of fiscal
year 1996, they employed 4,262 law enforcement investigative
personnel. Of these law enforcement investigative personnel, they
reported that 4,007 (about 94 percent) were authorized to execute
search warrants, make arrests, and carry firearms.
Between the ends of fiscal years 1987 and 1996, CPDF data show the
number of law enforcement investigative personnel at the 32
organizations increased about 70 percent, overall. Most of this
increase was caused by growth in the numbers of law enforcement
investigative personnel at 18 of the organizations. Also, some of
the increase was caused by the establishment of four of the federal
organizations after fiscal year 1987. The remainder of the increase
was the result of changes that caused personnel in four existing
organizations to meet our criteria for inclusion after fiscal year
1987. Specifically, in three of these four organizations, the
increase occurred because some existing employees became covered by
the law enforcement retirement system. The fourth organization
reclassified the positions of its existing employees into one of the
investigative occupational series used in this report.
SCOPE AND METHODOLOGY
------------------------------------------------------------ Letter :3
Our 1996 report focused on those federal organizations employing at
least 700 law enforcement investigative personnel. For this report,
you requested that we gather comparable information for those federal
organizations identified in the March 31, 1995, CPDF as employing
from 25 to 699 law enforcement investigative personnel.\3 In total,
there were 32 such federal organizations, which are listed in
appendix I.
Consistent with our previous work, we defined "law enforcement
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 the purposes of certain premium pay
provisions.\4
To obtain information on the types of criminal violations that the
organizations investigated, the organizations' investigative
authority, and the authority of the organizations' law enforcement
investigative personnel to execute search warrants, make arrests,
and/or carry firearms, we administered a survey to the 32
organizations. We also used the survey to obtain 1996 fiscal
year-end data on the number of law enforcement investigative
personnel who were employed by these organizations and authorized to
perform certain law enforcement functions. We reviewed the
organizations' survey responses for completeness and consistency.
We used CPDF data, and also organization data for Labor's Office of
Labor Management Standards and the Air Force's Office of Special
Investigations (end of fiscal year 1991 only), to determine how the
number of law enforcement investigative personnel in the 32
organizations had changed since fiscal year 1987. We used CPDF data
from the ends of fiscal years 1987, 1991, 1995, and 1996.\5 We
focused our analysis on these fiscal years because consistent CPDF
data were not readily available before fiscal year 1987, we wanted
the data we used to be consistent with our previous work, and we
wanted to obtain the most recent data available.
In addition to the 32 organizations reviewed for this report, we also
obtained September 30, 1996, CPDF data for the 13 organizations
reviewed in our September 1996 report. We obtained these data to
update our 1996 report. These 13 organizations employed about 45,400
law enforcement investigative personnel as of September 30, 1996.
(See app. VI.)
We did not independently verify the accuracy of the information
provided by the organizations or obtained from the CPDF. However, we
discussed with organization officials the discrepancies between the
September 30, 1996, CPDF data and the September 30, 1996, data
provided by the organizations. We were able to resolve most of the
discrepancies, but the remaining differences accounted for about 1
percent of the total number of personnel.
We did our work between October 1996 and May 1997 in Washington,
D.C., in accordance with generally accepted government auditing
standards. We discussed the contents of this report with officials
from each of the organizations listed in appendix I. We requested
comments on a draft of this report from the Director of OPM or his
designee. OPM's comments are discussed at the end of this report.
--------------------
\3 The Subcommittee also requested that we report on agency
organizations that in the aggregate employ 25 or more law enforcement
investigative personnel. Department of the Navy organizations
appeared to meet this criterion on the basis of CPDF data used in our
November 1995 testimony. However, according to an official at Navy,
the Navy organizations had erroneously coded the data reported to
OPM, resulting in an overstatement of the number of Navy law
enforcement investigative personnel. Because the actual total of its
law enforcement investigative personnel was fewer than 25, we
excluded the Navy organizations from this report. (The Naval
Criminal Investigative Service was included in our Sept. 1996
report.)
\4 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. Certain employees serving in supervisory
or administrative law enforcement positions, but who are not covered
by the law enforcement retirement provisions (because they did not
transfer directly to those jobs from a federal primary law
enforcement position), were not included within the scope of our
survey.
\5 These data were obtained directly from Labor's Office of Labor
Management Standards and the Air Force's Office of Special
Investigations (end of fiscal year 1991 only) because, according to
organization officials, reliable data had not been reported to OPM.
TYPES OF SUSPECTED VIOLATIONS
INVESTIGATED BY FEDERAL
ORGANIZATIONS AND THEIR LAW
ENFORCEMENT AUTHORITIES
------------------------------------------------------------ Letter :4
Each of the 32 organizations we surveyed reported it has a designated
law enforcement mission and is responsible for investigating a
variety of suspected criminal violations (see app. II). Each
organization's investigative authority, as well as the authority of
its personnel to execute search warrants, make arrests, and/or carry
firearms, is generally derived from statute (see app. III). Their
criminal investigative authorities are generally implemented through
regulations, policies, or interagency agreements.
Twenty of the 32 organizations are OIGs whose responsibilities
include criminal investigative functions. For example, the
Department of Agriculture's (USDA) OIG reported it investigates
criminal activity and significant abuse within USDA's 300 programs.
These activities and abuses range from food stamp trafficking and
food safety violations to assault, bribery, and conflicts of interest
involving USDA employees.
The remaining 12 organizations reported they are responsible for
investigating a variety of criminal violations. For example:
-- The Bureau of Indian Affairs' Office of Law Enforcement
investigates crimes committed on or involving Indian country.
-- Labor's Office of Labor Management Standards principally
investigates criminal violations of the Labor-Management
Disclosure Act, including union funds embezzlement, false
reports and records, destruction of records, labor union
trusteeship crimes, illegal loans, and prohibited union
office-holding or employment.
-- The Air Force's Office of Special Investigations investigates
offenses committed by individuals subject to the Uniform Code of
Military Justice (UCMJ). These offenses include the punitive
articles of the UCMJ, violations of federal criminal law, and
violations of state laws made applicable to military members by
the Assimilative Crimes Act.
LAW ENFORCEMENT INVESTIGATIVE
PERSONNEL AUTHORIZED TO PERFORM
CERTAIN INVESTIGATIVE FUNCTIONS
------------------------------------------------------------ Letter :5
The 32 organizations reported employing a total of 4,262 law
enforcement investigative personnel as of the end of fiscal year
1996. As shown in appendix IV, the percentage of these personnel
authorized to perform the various law enforcement functions varied by
organization. At 20 of the organizations, all law enforcement
investigative personnel were reported to be authorized to execute
search warrants, make arrests, and carry firearms. However, Labor's
Office of Labor Management Standards reported that none of its 165
law enforcement investigative personnel was authorized to perform
these functions. In total, about 94 percent (4,007) of the law
enforcement investigative personnel were authorized to execute search
warrants, make arrests, and carry firearms.
CHANGES IN THE NUMBER OF LAW
ENFORCEMENT INVESTIGATIVE
PERSONNEL BETWEEN FISCAL YEARS
1987 AND 1996
------------------------------------------------------------ Letter :6
Overall, the number of law enforcement investigative personnel in the
32 federal organizations that met our definition increased between
fiscal years 1987 and 1996. CPDF data, combined with organization
data for Labor's Office of Labor Management Standards and the Air
Force's Office of Special Investigations (end of fiscal year 1991
only), showed that as of September 30, 1996, 4,204 law enforcement
investigative personnel were employed in the organizations, which is
about a 70-percent increase over the 2,471 personnel employed on
September 30, 1987.\6
Most of this increase was caused by growth in the numbers of law
enforcement investigative personnel at 18 of the organizations (see
app. V). Also, some of the increase was caused by the establishment
of the following four organizations after 1987:
-- Justice's OIG was authorized by Congress in 1988 and established
in 1989.
-- The Federal Deposit Insurance Corporation's OIG was established
in 1988.
-- The Department of Health and Human Services' Office of Criminal
Investigations, which is within the Department's Food and Drug
Administration, was established in 1992.
-- The Social Security Administration's OIG was established in
1995.
However, the remainder of the increase was the result of changes that
caused law enforcement investigative personnel in four other federal
organizations to meet our criteria for inclusion after fiscal year
1987. First, in the Bureau of Land Management's Law Enforcement, the
increase occurred because some existing employees became covered by
the law enforcement retirement system. Second, in Labor's Office of
Labor Management Standards, personnel were not covered by the law
enforcement retirement system until 1992. However, according to a
Labor official, before 1992, qualified investigative personnel could
apply for such coverage. Third, in the Department of the Army's Army
Criminal Investigation Command, coverage under the law enforcement
retirement pay system did not begin until 1993. Finally, in 1994,
the U.S. Forest Service's Law Enforcement and Investigations
reclassified the positions of its existing law enforcement personnel
specifically into law enforcement investigative positions.
--------------------
\6 This total of 4,204 law enforcement investigative personnel
differs from the September 30, 1996, total reported to us in the
surveys completed by the organizations, which was 4,262. The CPDF
and survey data cannot be completely reconciled; however, the data
differ by only about 1 percent.
AGENCY COMMENTS
------------------------------------------------------------ Letter :7
On June 24, 1997, the pay team leader from OPM's Office of
Compensation Policy provided oral comments on a draft of this report.
The official generally agreed with the information presented in this
report and provided technical comments that we incorporated where
appropriate.
---------------------------------------------------------- Letter :7.1
We are sending 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 VII.
Please give me a call on (202) 512-3610 if you have any questions
about this report.
Sincerely yours,
Norman J. Rabkin
Director, Administration of
Justice Issues
THE 32 SELECTED LAW ENFORCEMENT
ORGANIZATIONS
=========================================================== Appendix I
The names of the 32 law enforcement organizations that we surveyed
are listed below:
Department of Agriculture, Office of Inspector General
Department of Agriculture, U.S. Forest Service, Law Enforcement and
Investigations
Department of the Air Force, Air Force Office of Special
Investigations
Department of the Army, U.S. Army Criminal Investigation Command
Department of Commerce, Bureau of Export Administration, Office of
Export Enforcement
Department of Commerce, National Oceanic and Atmospheric
Administration, National Marine Fisheries Service, Staff Office for
Law Enforcement
Department of Defense, Office of Inspector General
Department of Education, Office of Inspector General
Department of Energy, Office of Inspector General
Department of Health and Human Services, Food and Drug
Administration, Office of Criminal Investigations
Department of Health and Human Services, Office of Inspector General
Department of Housing and Urban Development, Office of Inspector
General
Department of the Interior, Bureau of Indian Affairs, Office of Law
Enforcement
Department of the Interior, Bureau of Land Management, Law
Enforcement
Department of the Interior, Office of Inspector General
Department of the Interior, U.S. Fish and Wildlife Service, Division
of Law Enforcement
Department of Justice, Office of the Inspector General
Department of Labor, Office of Inspector General
Department of Labor, Office of Labor Management Standards
Department of State, Office of Inspector General
Department of Transportation, Office of Inspector General
Department of the Treasury, Office of Inspector General
Department of Veterans Affairs, Office of Inspector General
Environmental Protection Agency, Office of Criminal Enforcement,
Forensics and Training
Environmental Protection Agency, Office of Inspector General
Federal Deposit Insurance Corporation, Office of Inspector General
General Services Administration, Office of Inspector General
General Services Administration, Public Buildings Service, Federal
Protective Service
National Aeronautics and Space Administration, Office of Inspector
General
Small Business Administration, Office of Inspector General
Social Security Administration, Office of Inspector General
U.S. Railroad Retirement Board, Office of Inspector General
SELECTED LAW ENFORCEMENT
ORGANIZATIONS' INVESTIGATIVE
RESPONSIBILITIES
========================================================== Appendix II
Law enforcement
organization Type of criminal violations investigated
------------------------- -----------------------------------------------------
Department of Agriculture (USDA)
--------------------------------------------------------------------------------
U.S. Forest Service, Law The U.S. Forest Service, Law Enforcement and
Enforcement and Investigations, is responsible for investigating
Investigations offenses against the United States that occur within
or have a nexus to the National Forest System. The
types of investigations and enforcement actions in
which the Forest Service is involved include the
following: minor misdemeanor offenses found in Title
36 of the Code of Federal Regulations and major
crimes related to National Forest System lands,
facilities, and activities found in Titles 18 and 21
of the U.S. Code.
Investigations involve wildland fire/arson, timber
theft, theft and/or destruction of archeological
resources of a historical or prehistoric nature,
destruction of resources, and contract fraud. Drug
enforcement investigations are performed under the
authority of the National Forest System Drug Control
Act of 1986, as amended, to detect and prevent the
cultivation and manufacturing of marijuana on
National Forest System lands. Investigations also
include other environmental and wildlife crimes,
illegal occupancy of National Forest System lands,
theft of natural resources, and threats and assaults
against Forest Service employees.
Office of Inspector The USDA OIG investigates criminal activity and
General significant abuse within the Department's 300
(OIG) different programs. These crimes include the
following: food stamp trafficking (which often
involves drug and weapons trafficking and other
related illegal financial activity, such as money
laundering); food safety violations, including the
processing, transportation, and sale of adulterated
meat and poultry products and tampering with USDA-
inspected food products; USDA farm loan fraud,
including theft and conversion of property owned by
or mortgaged to USDA; false certifications and claims
in federal crop insurance, disaster, export and other
farm programs; rural housing violations, such as
equity skimming and contractor fraud; assault and
bribery of USDA loan officers and inspectors/graders
of meat, grain and other commodities; embezzlements,
thefts, and conflicts of interest involving USDA
employees; alteration and forgery of official
documents; conspiracy; and other illegal activities
involving USDA programs and operations. The USDA OIG
also provides dignitary protection services to the
Secretary and Deputy Secretary of Agriculture.
Department of the Interior
--------------------------------------------------------------------------------
Bureau of Indian The Bureau of Indian Affairs, Office of Law
Affairs, Enforcement has investigative responsibilities for
Office of Law crimes committed on, or involving, Indian country.
Enforcement These crimes include (1) major federal crimes under
Title 18 U.S.C. 1153 and (2) state crimes
assimilated into the federal statutes under Title 18
U.S.C. 1153 and state crimes assimilated into the
federal statutes under Title 18 U.S.C. 1152,
including, but not limited to, murder; manslaughter;
child sexual abuse; kidnapping; rape; assault with a
dangerous weapon; assault with intent to commit
murder; assault resulting in serious bodily injury;
arson; burglary; robbery; counterfeiting;
embezzlement; organized criminal enterprises
affecting gaming and gambling operations; the
production, sale, or distribution of illegal
narcotics, drugs, and marijuana within Indian
country; and violations of many other federal
statutes when the offense occurs in Indian country.
In many cases, Bureau officials also enforce tribal
laws and ordinances.
U.S. Fish and Wildlife The U.S. Fish and Wildlife Service, Division of Law
Service, Enforcement, is responsible for investigating
Division of Law violations of U.S. wildlife laws. The Service is also
Enforcement responsible for offenses committed on the National
Wildlife Refuge System. The Service investigates
offenses involving federal wildlife laws,
environmental crimes, archaeological resource
protection, smuggling, and drug enforcement on
Service lands.
Bureau of Land The Bureau of Land Management, Law Enforcement, is
Management, responsible for the following types of violations as
Law Enforcement they relate to federal lands administered by the
Bureau: archaeological resources, wild horses and
burros, recreation use fees, cave resources, fish and
wildlife, National Trails use, National Wild and
Scenic Rivers use, grazing, unlawful enclosures,
migratory birds, endangered species, bald and golden
eagles, Native American graves, oil and gas leasing,
minerals leasing, hazardous materials, clean water,
property theft and vandalism, coal theft, timber
theft and damage, wildland arson and fire prevention,
survey interference, land fraud, hazardous devices,
marijuana cultivation and drug labs, subsistence
hunting in Alaska, motorized and off-road vehicle
use, recreation restrictions, and various other land
use restrictions.
Office of Inspector The Interior OIG is responsible for investigating
General bribery, graft, and conflicts of interest; false
claims; conspiracy to defraud; embezzlement and
theft; program fraud; false statements; crimes
involving Indians (to include embezzlement and theft
from Indian tribal organizations and thefts from
gaming establishments on Indian lands); mail fraud;
wire fraud; racketeering; and other alleged
violations of criminal, civil, and administrative
regulations against Interior's programs and
operations.
Department of Defense The DOD OIG is responsible for investigating fraud
(DOD), involving Defense contractors; fraud in the programs
Office of Inspector and operations of DOD; and product substitution,
General health care fraud, cost mischarging, bribery,
corruption, kickbacks, false claims, and false
statements.
Department of Labor
--------------------------------------------------------------------------------
Office of Inspector The Labor OIG has the responsibility to investigate
General fraud, abuse, and other criminal activity that
involves Labor employees, programs, and operations.
This responsibility includes investigative authority
over serious Labor employee integrity and misconduct
matters and other criminal violations that occur
within Labor's contract, grant, and benefit programs
administered by over 24 program agencies. Some of the
more significant Labor programs that receive
investigative attention by the Labor OIG include the
Unemployment Insurance Program; the Job Training
Partnership Act Program; the Federal Employees'
Compensation Act Program, with its related Black Lung
and Longshoremen's compensation benefit programs; and
programs administered by the Occupational Safety and
Health Administration.
The Labor OIG also has the responsibility to
investigate traditional and nontraditional organized
crime groups' labor racketeering activity related to
employee health and welfare benefit plans, labor-
management relations, and internal union affairs.
This responsibility includes possible violations of
the Employee Retirement Income Security Act, the
Labor Management Reporting and Disclosure Act, and
other labor-related statutes.
Office of Labor The Office of Labor Management Standards' principal
Management activity is the investigation of criminal violations
Standards of the Labor-Management Reporting and Disclosure Act,
including union funds embezzlement, false reporting,
false records, destruction of records, labor union
trusteeship crimes, failure to bond, illegal loans,
and prohibited union office-holding or employment. In
addition, agency investigations often identify
related criminal violations of federal statutes under
Title 18 of the United States Code, which are
investigated under authority delegated by U.S.
Attorneys.
Department of Health and Human Services (HHS)
--------------------------------------------------------------------------------
Office of Inspector The HHS OIG is responsible for investigating fraud
General and other criminal activity in programs and
operations of the Department, including fraud and
other criminal activity in the Medicare and Medicaid
programs.
Food and Drug The FDA Office of Criminal Investigations
Administration investigates suspected criminal violations of the
(FDA), Office of Federal Food, Drug and Cosmetic Act; the Public
Criminal Health Service Act; the Federal Anti-Tampering Act;
Investigations and provisions of other laws within the jurisdiction
of FDA. These criminal investigations cover:
counterfeit or unapproved prescription drugs; illegal
diversion of prescription pharmaceuticals and other
products; unapproved or misbranded medical devices,
drugs, biological products, and veterinary drug
products; crimes relating to the improper
manufacturing, labeling, or distribution of drugs,
foods, devices, biological products such as vaccines
and blood, and veterinary drug products; product
approval application fraud; clinical investigation
fraud; illegal product ingredient substitution;
tampering with consumer products; trafficking in
adulterated or misbranded foods or drugs; hazardous
drug residues in food animals; and health care frauds
related to FDA regulated products.
Environmental Protection Agency (EPA)
--------------------------------------------------------------------------------
Office of Criminal The Office of Criminal Enforcement, Forensics and
Enforcement, Training is responsible for investigating alleged
Forensics and Training criminal violations of EPA-administered environmental
protection statutes. For example, these violations
include mishandling of hazardous waste, unpermitted
water pollution, misuse of pesticides, failure to
report releases of hazardous substances, violations
of hazardous air pollutant standards, and false
statements in reports made pursuant to requirements
in the environmental laws.
Office of Inspector The EPA OIG is responsible for investigating fraud
General and other criminal activity in programs and
operations of the Agency. The EPA OIG investigates
allegations or indications of fraud and other
criminal activity in EPA programs and operations by
EPA employees and by EPA contractors, subcontractors,
assistance recipients, and others who do business
with the Agency. Some of the crimes that the EPA OIG
investigates include false claims, false statements,
conflict of interest, bribery of EPA employees,
extortion by EPA employees, obstruction of justice,
mail fraud, falsification or forgery of contractor
bids or guarantees, theft of government property,
misuse of public funds, antitrust violations, false
personation, and aiding and abetting.
Department of the Air The Air Force Office of Special Investigations
Force, (AFOSI) has the authority to investigate significant
Air Force Office of offenses committed by individuals subject to the
Special Investigations Uniform Code of Military Justice (UCMJ) wherever the
offense is committed. These offenses could be
violations of the punitive articles of the UCMJ,
violations of federal criminal law, or violations of
state law made applicable to military members by the
federal Assimilative Crimes Act. These offenses
include crimes such as murder, child abuse,
espionage, rape, theft, bribery, embezzlement,
forgery, perjury, and robbery.
AFOSI also has the authority to investigate
violations of federal criminal laws by individuals
not subject to the UCMJ, if these offenses are
committed against Air Force resources or using Air
Force resources. These offenses typically occur on
Air Force installations and frequently involve Air
Force civilian employees or contractors.
Under the Inspector General Act, AFOSI may also
investigate when Air Force contractors commit fraud
offenses that are prohibited by federal law. This
covers a broad spectrum of fraud offenses, including
environmental offenses committed by contractors.
Department of Commerce
--------------------------------------------------------------------------------
National Oceanic and The National Marine Fisheries Service, Staff Office
Atmospheric for Law Enforcement, is responsible for investigating
Administration, fish and wildlife violations subject to the
National Marine provisions of the Lacey Act, the Marine Mammal
Fisheries Protection Act, and the Endangered Species Act, which
Service, Staff Office carry a criminal sanction.
for Law Enforcement
Bureau of Export The Bureau of Export Administration, Office of Export
Administration, Office Enforcement, investigates criminal dual-use export
of control violations arising out of national security
Export Enforcement and foreign policy controls imposed under the Export
Administration Act and the Export Administration
Regulations. In conducting these investigations, the
Office of Export Enforcement seeks to deter the
proliferation of weapons of mass destruction to
countries and end-users of concern. The Office
protects U.S. national security, foreign policy, and
economic interests by interdicting illegal exports
and assisting the Department of Justice in
prosecuting violators. Other duties include the
investigation of export violations pertaining to the
Chemical Weapons Convention and counterterrorism.
Additionally, the Office has sole responsibility for
the criminal enforcement of the Fastener Quality Act.
Social Security The SSA OIG is responsible for investigating fraud
Administration involving Social Security programs and operations.
(SSA), Office of The following types of violations are examples of
Inspector those commonly investigated by the SSA OIG, either
General alone or jointly with other agencies: aiding and
abetting, bribery of a public official, conflict of
interest, fraudulent claims, conspiring to defraud
the United States, embezzlement, false statements or
entries, fraud in connection with identification
documents, computer fraud, mail fraud, wire fraud,
Social Security fraud, and supplemental Social
Security income fraud.
General Services Administration (GSA)
--------------------------------------------------------------------------------
Public Buildings The Public Buildings Service, Federal Protective
Service, Service, is responsible for investigating all crimes
Federal Protective and incidents that occur on GSA-controlled
Service facilities. These crimes and incidents include any
federal criminal offense with a nexus to GSA's
responsibility, which can include murder, rape,
aggravated assault, theft of government property,
narcotics violation, weapons and explosives offenses,
child abuse, and threats against federal employees
and visitors to GSA facilities.
Office of Inspector The GSA OIG has broad investigative authority over
General all criminal, civil, and administrative violations of
law, rule, and/or regulations associated with
programs, operations, and/or personnel of GSA. The
GSA OIG emphasizes and places special expertise on
the investigation and enforcement of criminal
statutes associated with financial crime, white-
collar crime, and public corruption impacting the
integrity and effectiveness of GSA's mission within
the federal government.
Department of Justice, The Justice OIG is responsible for investigating (1)
Office of allegations of waste, fraud, and abuse involving
the Inspector General Justice programs and activities, including
allegations involving entities contracting with or
receiving benefits from the Department, and (2)
allegations of misconduct on the part of Department
employees (in components other than the Federal
Bureau of Investigation and the Drug Enforcement
Administration), including allegations of misconduct
involving Department attorneys and investigators that
do not relate to attorneys' authority to litigate,
investigate, or provide legal advice.
Specific types of cases that have been investigated
by the Justice OIG include theft of government
property, theft of inmate or detainee property,
embezzlement, contractor fraud, time and attendance
fraud, Immigration and Naturalization Service
document fraud, mail fraud, drug and narcotics
offenses, weapons law violations, sex offenses,
bribery, alien smuggling, deprivation of rights under
color of law, unauthorized release of official
information, physical abuse, obstruction of justice,
smuggling of contraband into a prison facility,
possession of contraband in a prison facility,
murder, assisting in an attempted escape, flight to
avoid prosecution, failure to perform duties, and
conflicts of interest.
Department of Housing and The HUD OIG is responsible for investigating the
Urban following: (1) fraud involving HUD transactions and
Development (HUD), Office programs, including loans, grants, and contracts; (2)
of fraud and criminal activity related to public,
Inspector General Indian, and assisted housing; single-family housing;
multifamily housing; and community planning and
development; and (3) fraud and misconduct committed
by HUD employees. Moreover, the HUD OIG coordinates
with federal, state, and local law enforcement
officials to investigate violent criminal offenses
(e.g., drugs and firearms) involving public, Indian,
and assisted housing.
Department of the Army, The U.S. Army Criminal Investigation Command is
U.S. Army responsible for investigating certain Army-related
Criminal Investigation felonies, such as mutiny and sedition, murder, rape,
Command theft of government property, robbery, burglary, drug
offenses, kidnapping, and major procurement fraud
violations.
Department of Education, The Education OIG investigates fraud involving
Office financial institutions, mail fraud, bank fraud, fraud
of Inspector General and embezzlement involving federal student aid
programs, and federal employee misconduct.
Department of The Transportation OIG is responsible for
Transportation, investigating federal criminal violations relating to
Office of Inspector programs, operations, and employees of Transportation
General and for preventing and detecting fraud and abuse in
such programs and operations. The types of federal
criminal violations that the Transportation OIG is
responsible for investigating include the following:
(1) false certifications made to Transportation
regulators, such as the Federal Aviation
Administration (e.g., unapproved aircraft parts); (2)
contract/grant fraud; (3) criminal violations
involving hazardous materials transportation; (4)
theft and embezzlement; (5) highway construction bid-
rigging or price-fixing; (6) false claims; (7)
evasion of motor fuel excise tax; and (8) other fraud
against the government (e.g., Worker's Compensation
fraud).
Department of Veterans The Veterans Affairs OIG is responsible for
Affairs, investigating violations of federal law relating to
Office of Inspector the programs and operations of the Department. These
General violations involve fraud, waste, and abuse in the
areas of health care, procurement, and entitlement
programs. More specifically, the types of
investigations covered by the Veterans Affairs OIG
include the following: bribery and kickbacks, product
substitutions, theft of government property, loan
origination fraud, patient abuse and homicide, and
fraud by third-party health care providers.
Federal Deposit The FDIC OIG is responsible for conducting
Insurance investigations of criminal and other prohibited
Corporation (FDIC), activities that (1) cause or could potentially result
Office of in financial losses to FDIC or the Federal Deposit
Inspector General Insurance Fund or (2) would otherwise adversely
impact the operations of FDIC and the financial
institutions under its control. Some of the more
common areas of investigation include the following:
concealment of assets by individuals attempting to
avoid repayment of debts to FDIC, fraud and false
claims by FDIC contractors, and fraud in the purchase
or sale of FDIC assets. The FDIC OIG is also
responsible for conducting criminal and
administrative investigations of alleged misconduct
by FDIC employees.
National Aeronautics and The NASA OIG is responsible for investigating fraud
Space against the government (especially procurement
Administration (NASA), fraud); bribes; kickbacks and conflicts of interest;
Office false statements; false claims; theft, embezzlement,
of Inspector General conversion, and misuse of government property;
falsification of travel claims; crime on NASA
premises; wire fraud; mail fraud; conspiracy;
conspiracy to defraud; computer intrusion; and
computer fraud.
Department of Energy, The Energy OIG is responsible for investigating
Office of various violations of law involving Energy Department
Inspector General programs, the Federal Energy Regulatory Commission,
the National Laboratories, various Power
Administrations, contractors, grantees, and
employees. The Energy OIG's investigative efforts
include environmental violations, contract fraud,
bribery, corruption, stolen Energy Department
property, and conspiracy.
Small Business The SBA OIG investigates fraud involving financial
Administration institutions, disaster loan fraud, misappropriations
(SBA), Office of of collateral, fraud involving federal procurements,
Inspector bribery of government officials, and threats or
General assaults on government employees.
Department of the The Treasury OIG (1) conducts, controls, and oversees
Treasury, the investigation of alleged fraud and abuse
Office of Inspector regarding Treasury employees, programs, and
General operations and (2) oversees the internal
investigative programs of the Internal Revenue
Service; the Bureau of Alcohol, Tobacco and Firearms;
the U.S. Customs Service; and the U.S. Secret
Service. In addition, the Treasury OIG promotes
integrity and fraud awareness among Departmental
employees, is responsible for the OIG hotline, and
participates in joint fraud prevention and detection
surveys with the audit, information technology, and
evaluations organizations.
Department of State, The State Department OIG is responsible for
Office of investigations dealing with fraud within the programs
Inspector General and operations of the State Department, the Arms
Control and Disarmament Agency, the U.S. Information
Agency, and the Broadcasting Board of Governors.
These types of investigations include employee
embezzlement, theft, and corruption; visa and
passport fraud; and contractor fraud.
U.S. Railroad Retirement The Railroad Retirement Board OIG is responsible for
Board, investigating the theft of government funds, forgery,
Office of Inspector mail fraud, conspiracy, false statements, and false
General claims.
--------------------------------------------------------------------------------
LEGEND:
U.S.C. - United States Code
- Section
Source: Law enforcement organization responses to GAO survey.
PRIMARY LEGAL AUTHORITIES CITED BY
SELECTED LAW ENFORCEMENT
ORGANIZATIONS AS ENABLING THEM TO
PERFORM CERTAIN INVESTIGATIVE
FUNCTIONS
========================================================= Appendix III
Authority to
conduct Authority to
criminal execute Authority to
Law search Authority to carry firearms,
enforcement investigations warrants make arrests if necessary
organization (1) (2) (3) (4)
-------------- -------------- -------------- -------------- ----------------
Department of Agriculture
--------------------------------------------------------------------------------
U.S. Forest 16 U.S.C. 16 U.S.C. 16 U.S.C. 16 U.S.C. 559,
Service, Law 551a, 553, 559c, 559, 559c, 3375(b)
Enforcement 559, 559c, 1338(b), 559c(3),
and 559d(2), 3375(b) 1338(b),
Investigations 559d(5), 559f, 3375(b)
559g(c),
3375(b)
Office of Inspector 7 U.S.C. 7 U.S.C. 2270 Same as the
Inspector General Act of 2270; 18 authority in
General 1978 (5 U.S.C. U.S.C. 3105 column 3.
App. 3);
Agriculture
and Food Act
of 1981 (7
U.S.C. 2270)
Department of the Interior
--------------------------------------------------------------------------------
Bureau of 25 U.S.C. 25 U.S.C. 25 U.S.C. 25 U.S.C.
Indian Chapter 30 2803(2) 2803(3) 2803(1)
Affairs, (specifically,
Office of Law 2803)
Enforcement
U.S. Fish and Migratory Bird Lacey Act (16 Same as the Lacey Act (16
Wildlife Treaty Act (16 U.S.C. 3371- authority in U.S.C. 3371-
Service, U.S.C. 703- 3378); column 2. 3378)
Division of 712); Endangered
Law Endangered Species Act
Enforcement Species Act (16 U.S.C.
(16 U.S.C. 1531-1543);
1531-1543); Marine Mammal
Lacey Act (18 Protection Act
U.S.C. 42, 16 (16 U.S.C.
U.S.C. 3371- 1361-1407);
3378); Eagle Migratory Bird
Protection Act Treaty Act (16
(16 U.S.C. U.S.C. 703-
668 et seq); 712); Airborne
Marine Mammal Hunting Act
Protection Act (16 U.S.C.
(16 U.S.C. 742j-1);
1361-1407); Migratory Bird
National Hunting and
Wildlife Conservation
Refuge System Stamp Act (16
Administration U.S.C. 718f);
Act of 1966 Eagle
(16 U.S.C. Protection Act
668dd- (16 U.S.C.
668ee); 668 et seq);
Archaeological National
Resources Wildlife
Protection Act Refuge System
(16 U.S.C. Administration
704aa); Wild Act (16 U.S.C.
Bird 668dd-
Conservation 668ee)
Act of 1992
(16 U.S.C.
4901);
African
Elephant
Conservation
Act (16 U.S.C.
4201-4245)
Bureau of Land The Federal Federal Land Federal Land Federal Land
Management, Land Policy Policy and Policy and Policy and
Law and Management Management Act Management Act Management Act
Enforcement Act of 1976 (43 U.S.C. (43 U.S.C. (43 U.S.C.
(P.L. 94-579) 1733(c)(1)); 1733(c)(1)); 1733(c)(1));
(43 U.S.C. Wild Free- Wild Free- Sikes Act (16
1733); The Roaming Horses Roaming Horses U.S.C. 670j)
Wild Free- and Burros Act and Burros Act
Roaming Horses (16 U.S.C. (16 U.S.C.
and Burros Act 1338); Sikes 1338); Sikes
of 1971 (P.L. Act (16 U.S.C Act (16 U.S.C.
92-195) (16 670j) 670j); Land
U.S.C. 1338); and Water
The Sikes Act Conservation
of 1960 (P.L. Fund Act (16
86-797) (16 U.S.C. 460l-
U.S.C. 670j); 6a)
The Land and
Water
Conservation
Fund Act of
1965 (P.L. 88-
578) (16
U.S.C. 460l-
6a); The
Federal Oil
and Gas
Royalty
Management Act
of 1982 (P.L.
97-451) (30
U.S.C. 1717)
Office of Inspector Inspector Same as the Same as the
Inspector General Act of General Act of authority in authority in
General 1978, as 1978, as column 2. column 2.
amended amended, and
an MOU among
the Interior
OIG, the
Department of
Justice, and
the FBI, dated
September 27,
1996
Department of Inspector Special Special 10 U.S.C. 1585
Defense, General Act of Deputation; 28 Deputation; 10
Office of 1978, as C.F.R. U.S.C. 807(b)
Inspector amended 60.3(a)(2);
General Military Rules
of Evidence
315(h)(4)
Department of Labor
--------------------------------------------------------------------------------
Office of 5 U.S.C. App. MOUs with the Same as the Same as the
Inspector 3 (P.L. 95- Department of authority in authority in
General 452) Justice: column 2. column 2.
Program Fraud,
July 12, 1995;
Labor
Racketeering,
June 26, 1987.
Prior to these
dates, OIG
special agents
were deputized
on a case-by-
case basis.
Office of 29 U.S.C. N/A N/A N/A
Labor 439, 461,
Management 463, 501(c),
Standards 502, 503, 504
Department of Health and Human Services
--------------------------------------------------------------------------------
Office of Inspector Requests Deputation as Same as the
Inspector General Act of issuance of Special Deputy authority in
General 1978 (5 U.S.C. search U.S. Marshals. column 3.
App. 3), warrants by
Health authority of
Insurance 28 C.F.R. Part
Portability 60. Executes
and search
Accountability warrants
Act of 1996 pursuant to
(P.L. 104- authorities
191) conferred by
Department of
Justice
authority as
Special Deputy
U.S. Marshals.
Food and Drug 21 U.S.C. 21 U.S.C. 21 U.S.C. 21 U.S.C.
Administration 371(a), 372, 372(e)(2); 21 372(e)(2); 21 372(e)(1); 21
, 393(b)(2); 21 C.F.R. 5.35; C.F.R. 5.35; C.F.R. 5.35
Office of C.F.R. 5.35 Fed. R. Crim. 18 U.S.C.
Criminal P. 41; 28 3062
Investigations C.F.R. 60.2-
60.3
Environmental Protection Agency (EPA)
--------------------------------------------------------------------------------
Office of 18 U.S.C. 18 U.S.C. Same as the Same as the
Criminal 3063; (Powers 3063 (Powers authority in authority in
Enforcement, of the of column 2. column 2.
Forensics and Environmental Environmental
Training Protection Protection
Agency); also, Agency). Prior
criminal to the
enforcement enactment of
provisions of 3063 in 1988,
EPA- EPA's criminal
administered investigative
environmental personnel
laws, under exercised law
which the enforcement
Administrator powers under
and her deputation by
designees have the Department
inherent of Justice.
investigative
authority
(e.g., Clean
Air Act (42
U.S.C. 7413);
Clean Water
Act (33 U.S.C.
1319, 1321);
Comprehensive
Environmental
Response,
Compensation,
and Liability
Act (42 U.S.C.
9603); Solid
Waste Disposal
Act (42 U.S.C.
6928))
Office of Inspector Deputation as Same as the Same as the
Inspector General Act of Special Deputy authority in authority in
General 1978, as U.S. Marshal column 2. column 2.
amended (5
U.S.C. App. 3)
Department of 10 U.S.C. Military Rule 10 U.S.C. 10 U.S.C. 1585,
the Air Force, 8013; Section of Evidence 807; Rule for DOD Directive
Air Force 1233 of the 315; 28 C.F.R. Courts- 5210.56, AFPD
Office of Department of 60.2 (g), Martial 302 31-2, Air Force
Special Defense (h), 60.3 Instruction 31-
Investigations Authorization 207
Act, 1986
(P.L. 99-
145); Air
Force Mission
Directive 39,
AFPD 71-1;
Inspector
General Act of
1978, as
amended (5
U.S.C. App. 3)
Department of Commerce
--------------------------------------------------------------------------------
National 16 U.S.C. Same as the Same as the 16 U.S.C.
Oceanic and 1531-1544, authority in authority in 3371-3378
Atmospheric 3371-3378, column 1. column 1.
Administration 1801-1882,
, 1361, et seq.
National
Marine
Fisheries
Service, Staff
Office for Law
Enforcement
Bureau of Export 50 U.S.C. App. 50 U.S.C. App. 50 U.S.C. App.
Export Administration 2411(a)(3)(B) 2411(a)(3)(B) 2411(a)(3)(B)
Administration Act of 1979, (i). During (ii). During (iii). During
, Office of as amended (50 periods when periods when periods when the
Export U.S.C. App. the EAA has the EAA has EAA has elapsed,
Enforcement 2410-2420); elapsed, elapsed, Office of Export
Fastener Office of Office of Enforcement
Quality Act Export Export special agents
(15 U.S.C. Enforcement Enforcement carry firearms
5401-5414, special agents special agents under the
as amended by execute search make arrests authority
P.L. 104-113 warrants under under the provided them
(Mar. 7, the authority authority through their
1996)). During provided them provided them designation as
periods when through their through their Special Deputy
the EAA designation as designation as U.S. Marshals.
lapses, the Special Deputy Special Deputy
president U.S. Marshals. U.S. Marshals.
continues the
system of
export
controls
authorized by
the EAA
pursuant to an
executive
order issued
under the
authority of
the
International
Emergency
Economic
Powers Act (50
U.S.C. 1701-
1706).
Social Inspector MOU between MOU between Same as the
Security General Act of the Social Social authority in
Administration 1978 (5 U.S.C. Security Security column 3.
, App. 3) as Administration Administration
Office of amended by the OIG, the OIG, the
Inspector Social Department of Department of
General Security Justice, and Justice, and
Independence the FBI; the FBI.
and Program Social Social
Improvements Security Security
Act of 1994 Administration Administration
(P.L. 103- OIG Special Special Agents
296); MOU Agents are are deputized
between the deputized as as Special
Social Special Deputy Deputy U.S.
Security U.S. Marshals Marshals
Administration pursuant to 28 pursuant to 28
OIG, the C.F.R. C.F.R.
Department of 0.19(a)(3), 0.19(a)(3),
Justice, and 0.112(d). 0.112(d).
the FBI, dated Social
October 5, Security
1995. This MOU Administration
was renewed OIG Special
with Agents are
modifications authorized to
on July 31, request the
1996. issuance of a
search warrant
under 28
C.F.R.
60.2(p).
General Services Administration
--------------------------------------------------------------------------------
Public Criminal 40 U.S.C. Same as the Same as the
Buildings Investigative 318, 318d authority in authority in
Service, Personnel column 2. column 2.
Federal authority: 40
Protective U.S.C. 318d,
Service 486 (i)
Office of Inspector 1989 1980 Same as the
Inspector General Act of designation by delegation by authority in
General 1978, as the Attorney the column 3.
amended (5 General under Administrator
U.S.C. App. 3) Fed. R. Crim. of GSA,
P. 41(h) pursuant to 40
U.S.C. 318d
Department of Inspector Pursuant to Same as the Same as the
Justice, General Act (5 Attorney authority in authority in
Office of U.S.C. App. General Order column 2. column 2.
the Inspector 3); Attorney 1393-90, the
General General Order U.S. Marshals
1393-90 Service
deputizes OIG
Special Agents
on an annual
basis.
Department of Inspector Fed. R. Crim. 28 U.S.C. 566 Same as the
Housing and General Act of P. 41, 18 and 28 C.F.R. authority in
Urban 1978, as U.S.C. 3105 0.19(a)(3), column 3.
Development, amended (5 0.112(d)
Office of U.S.C. App. 3) provide that
Inspector the Attorney
General General may
deputize
special agents
as Special
Deputy U.S.
Marshals.
Department of Inspector Inspector 10 U.S.C. 32 C.F.R.
the Army, U.S. General Act of General Act of 807(b); AR 632.1; DOD
Army 1978 (5 U.S.C. 1978 (5 U.S.C. 600-40; Rule Directive
Criminal App. 3); 10 App. 3); 28 for Courts 5210.56; AR 195-
Investigation U.S.C. C.F.R. Part Martial 302, 2, paragraph 3-
Command 807(b); 28 60, Fed. R. Manual for 24; AR 190-14;
U.S.C. 535; 5 Crim. P. 41; Courts Martial Criminal
U.S.C. 301; AR 195-2, 1984; AR 195- Investigation
1996 MOU paragraph 3- 2, paragraph Division
between DOD 22; AR 190- 3-21; Criminal Regulation 195-
and the 22; Criminal Investigation 1, paragraph 3-
Department of Investigation Division 6, and Chapter
Justice (AR Division Regulation 17
27-10); AR Regulation 195-1,
195-2; 195-1, paragraph
Criminal paragraph 3- 3-4
Investigation 5, and Chapter
Division 5; Military
Regulation Rules of
195-1, Chapter Evidence 312,
2 314-317
Department of Inspector MOU dated Same as the Same as the
Education, General Act of August 22, authority in authority in
Office of 1978, as 1996, between column 2. column 2.
Inspector amended the Department
General of Justice and
the FBI
granting
blanket
special
deputation
through
September 30,
1997, pursuant
to 28 C.F.R.
0.19(a)(3),
0.112(d).
Department of Inspector 28 C.F.R. 28 U.S.C. 28 U.S.C.
Transportation General Act of 60.2(i), 566(c), (d); 566(d); 18
, 1978 (5 U.S.C. 60.3(a)(6); 28 18 U.S.C. U.S.C. 3053;
Office of App. 3); 49 U.S.C. 3053; 1995 1995 MOU with
Inspector C.F.R. 566(c); Fed. MOU with the the Department
General 1.23(h) R. Crim. P. Department of of Justice and
41(a), (c)(1). Justice and the FBI; 28
On August 21, the FBI; 28 C.F.R. 0.112
1996, an C.F.R. 0.112
annual blanket
deputation MOU
signed by the
Department of
Transportation
OIG,
Department of
Justice, and
the FBI; 28
C.F.R. 0.112.
Department of Inspector The VA OIG has The VA OIG has The VA OIG has
Veterans General Act of been given a been given a been given a
Affairs, 1978 (5 component- blanket blanket
Office of U.S.C., App. wide deputation deputation
Inspector 3) deputation through an MOU through an MOU
General through an MOU with the with the
with the Department of Department of
Department of Justice and Justice and the
Justice and the FBI. Based FBI. Based on 28
the FBI. Based on C.F.R.
on 28 C.F.R. 0.19(a)(3),
28 C.F.R. 0.19(a)(3), 0.112, special
0.19(a)(3), 0.112, special agents assigned
0.112, special agents to and
agents assigned to supervised by
assigned to and supervised the VA OIG,
and supervised by the VA OIG, Office of
by the VA OIG, Office of Investigations,
Office of Investigations are deputized as
Investigations , are Special Deputy
, are deputized as U.S. Marshals.
deputized as Special Deputy 18 U.S.C. 3053.
Special Deputy U.S.
U.S. Marshals.
Marshals. 18 U.S.C.
28 C.F.R. 3053; Fed. R.
60.3(a)(16); Crim. P.
Fed. R. Crim. 4(d)(1),
P. 41(c)(1). (9)(c)(1).
Federal Inspector Deputation Same as the Same as the
Deposit General Act of from the authority in authority in
Insurance 1978, as Department of column 2. column 2.
Corporation, amended (5 Justice on a
Office of U.S.C. App. case-by-case
Inspector 3); Deputation basis as a
General from the Special Deputy
Department of U.S. Marshal
Justice on a
case-by-case
basis as a
Special Deputy
U.S. Marshal
National Inspector Inspector Same as the Same as the
Aeronautics General Act of General Act of authority in authority in
and Space 1978, as 1978, as column 2. column 2.
Administration amended (5 amended, (5
, Office of U.S.C. App. 3) U.S.C. App.
Inspector 3), (P.L. 95-
General 452), in
conjunction
with 28 C.F.R.
0.19(a)(3),
0.112(d)
Department of Inspector 28 U.S.C. 28 U.S.C. Same as the
Energy, Office General Act of 566(c); 28 566(d), 28 authority in
of 1978 (5 U.S.C. C.F.R. C.F.R. column 3.
Inspector App. 3) 0.19(a)(3), 0.19(a)(3),
General 0.112(d) 0.112(d)
Small Business Inspector Department of MOU signed by Same as the
Administration General Act of Justice order the Department authority in
, 1978, as #1188-87, of Justice, column 3.
Office of amended amending 28 the FBI, and
Inspector C.F.R. Part SBA on July
General 60, dated May 13, 1995.
12, 1987
Department of Inspector 28 U.S.C. Same as the Same as the
the Treasury, General Act of 561(a), authority in authority in
Office of 1978, as 566(c), 509, column 2. column 2.
Inspector amended (5 510; 28 C.F.R.
General U.S.C. App. 3) 0.112, 0.113
Department of Inspector 28 U.S.C. Same as the Same as the
State, Office General Act of 566(d). authority in authority in
of 1978 (5 U.S.C. According to column 2. column 2.
Inspector App. 3) the OIG, all
General law
enforcement
functions
derive from
appointment as
Special Deputy
U.S. Marshals
in accordance
with a MOU
signed with
the Department
of Justice in
July 1995.
U.S. Railroad Inspector Case-by-case Same as the Same as the
Retirement General Act of deputation as authority in authority in
Board, Office 1978, as Special Deputy column 2. column 2.
of amended (5 U.S. Marshals
Inspector U.S.C. App. 3) under the
General authority of
18 U.S.C.
3053
--------------------------------------------------------------------------------
LEGEND:
AFPD - Air Force Policy Directive
App. - Appendix
AR - Army Regulation
C.F.R. - Code of Federal Regulations
DOD - Department of Defense
EAA - Export Administration Act of 1979, as amended
EPA - Environmental Protection Agency
FBI - Federal Bureau of Investigation
Fed. R. Crim. P. - Federal Rules of Criminal Procedure
MOU - Memorandum of Understanding
N/A - Not Applicable
OIG - Office of Inspector General
P.L. - Public Law
SBA - Small Business Administration
U.S.C. - United States Code
VA - Department of Veterans Affairs
- Section
Source: Law enforcement organization responses to GAO survey.
LAW ENFORCEMENT INVESTIGATIVE
PERSONNEL IN SELECTED
ORGANIZATIONS AUTHORIZED TO
PERFORM CERTAIN INVESTIGATIVE
FUNCTIONS AS OF THE END OF FISCAL
YEAR 1996
========================================================== Appendix IV
Total
number of
investigati Make
Law enforcement ve Execute search arrest Carry firearms, if
organization personnel warrants s necessary
------------------ ----------- ------------------ ------ -------------------
Department of Agriculture
--------------------------------------------------------------------------------
U.S. Forest 612 612 612 612
Service,
Law Enforcement
and
Investigations
Office of 249 248 248 248
Inspector
General
Department of the Interior
--------------------------------------------------------------------------------
Bureau of Indian 326 326 326 326
Affairs, Office
of
Law Enforcement
U.S. Fish and 240 240 240 240
Wildlife
Service, Division
of
Law Enforcement
Bureau of Land 211 211 211 211
Management, Law
Enforcement
Office of 37 36 36 36
Inspector
General
Department of 363 363 363 363
Defense,
Office of
Inspector
General
Department of Labor
--------------------------------------------------------------------------------
Office of 148 145 145 145
Inspector
General
Office of Labor 165 0\b 0\b 0\b
Management
Standards\a
Department of Health and Human Services
--------------------------------------------------------------------------------
Office of 165 165 165 165
Inspector
General
Food and Drug, 128 128 128 128
Administration,
Office of
Criminal
Investigations
Environmental Protection Agency
--------------------------------------------------------------------------------
Office of 166 166 166 166
Criminal
Enforcement,
Forensics and
Training
Office of 49 30 30 30
Inspector
General
Department of the 171 171 171 171
Air
Force, Air Force
Office of
Special
Investigations
Department of Commerce
--------------------------------------------------------------------------------
National Oceanic 105 105 105 105
and
Atmospheric
Administration,
National Marine
Fisheries
Service,
Staff Office for
Law
Enforcement
Bureau of Export 66 66 66 66
Administration,
Office of Export
Enforcement
Social Security 145 135 135 135
Administration,
Office of
Inspector
General
General Services Administration
--------------------------------------------------------------------------------
Public Buildings 63 63 63 63
Service, Federal
Protective
Service
Office of 58 58 58 58
Inspector
General
Department of 111 111 111 111
Justice,
Office of the
Inspector General
Department of 109 109 109 109
Housing
and Urban
Development,
Office of
Inspector
General
Department of the 85 85 85 85
Army,
U.S. Army
Criminal
Investigation
Command
Department of 75 75 75 75
Education,
Office of
Inspector
General
Department of 75 71 71 71
Transportation,
Office
of Inspector
General
Department of 68 67 67 67
Veterans
Affairs, Office
of
Inspector General
Federal Deposit 43 28 28 28
Insurance
Corporation,
Office of
Inspector
General
National 52 18 18 18
Aeronautics and
Space
Administration,
Office of
Inspector
General
Department of 45 44 44 44
Energy,
Office of
Inspector
General
Small Business 40 40 40 40
Administration,
Office
of Inspector
General
Department of the 36 36 36 36
Treasury, Office
of
Inspector General
Department of 34 33 33 33
State,
Office of
Inspector
General
U.S. Railroad 22\c 22 22 22
Retirement
Board, Office of
Inspector General
================================================================================
Total 4,262 4,007 4,007 4,007
--------------------------------------------------------------------------------
Note: Fiscal year-end 1996 law enforcement organization data differ
from those reported to the CPDF (see app. V) by about 1 percent.
\a The Office of Labor Management Standards (OLMS) was formerly a
program component of the Office of the American Workplace, which was
eliminated as of September 30, 1996. OLMS, which is staffed with law
enforcement investigative personnel, is now a program agency within
the Employment Standards Administration.
\b According to an Office of Labor Management Standards official,
there is typically no need to execute search warrants, make arrests,
and/or carry firearms in the course of agency investigations.
However, criminal investigations conducted by OLMS either
independently or jointly with other federal law enforcement agencies,
such as the FBI, require the essential knowledge, skills, and
abilities required of traditional law enforcement officers. OLMS
investigators on occasion have been deputized to make arrests but,
typically, secure the services of the FBI or U.S. Marshals when
arrest warrants are issued and services of the FBI to execute search
warrants.
\c Although the Railroad Retirement Board no longer meets the
criterion of employing at least 25 investigative personnel, the OIG
is included because it did meet this criterion on March 31, 1995,
which is the date used to determine inclusion in this report.
Source: Law enforcement organization responses to GAO survey.
LAW ENFORCEMENT INVESTIGATIVE
PERSONNEL IN SELECTED
ORGANIZATIONS AT THE END OF FISCAL
YEARS 1987, 1991, 1995, AND 1996
=========================================================== Appendix V
Law
enforcement
organization 1987 1991 1995 1996\a
-------------- -------------- -------------- -------------- ----------------
Department of Agriculture
--------------------------------------------------------------------------------
U.S. Forest 105 159 491\b 603\b
Service, Law
Enforcement
and
Investigation
s
Office of 246 264 254 245
Inspector
General
Department of the Interior
--------------------------------------------------------------------------------
Bureau of 341 326 374 334
Indian
Affairs,
Office of
Law
Enforcement
U.S. Fish and 192 205 237 237
Wildlife
Service,
Division of
Law
Enforcement
Bureau of 22 57 210\c 205\c
Land
Management,
Law
Enforcement
Office of 27 41 40 37
Inspector
General
Department of 283 349 379 359
Defense,
Office of
Inspector
General
Department of Labor
--------------------------------------------------------------------------------
Office of 163\ 162\ 160 148
Inspector
General
Office of 0\d 0\d 127 165
Labor
Management
Standards\
Department of Health and Human Services
--------------------------------------------------------------------------------
Office of 286 274 178\e 163
Inspector
General
Food and Drug 0\f 0\f 108 126
Administratio
n, Office
of Criminal
Investigation
s
Environmental Protection Agency
--------------------------------------------------------------------------------
Office of 48 55 156 156
Criminal
Enforcement,
Forensics
and Training
Office of 41 61 53 46
Inspector
General
Department of 146 152 159 160
the Air
Force, Air
Force Office
of Special
Investigation
s
Department of Commerce
--------------------------------------------------------------------------------
National 84 106 112 105
Oceanic and
Atmospheric
Administratio
n,
National
Marine
Fisheries
Service,
Staff Office
for Law
Enforcement
Bureau of 5 \ 69 68 64
Export
Administratio
n, Office
of Export
Enforcement
Social 0\g 0\g 84 135
Security
Administratio
n, Office of
Inspector
General
General Services Administration
--------------------------------------------------------------------------------
Public 22 38 66 64
Buildings
Service,
Federal
Protective
Service
Office of 84 90 60 58
Inspector
General
Department of 0\h 97 119 110
Justice,
Office of the
Inspector
General
Department of 75 95 111 108
Housing and
Urban
Development,
Office
of Inspector
General
Department of 0\i 0\i 63 73
the Army,
U.S. Army
Criminal
Investigation
Command
Department of 58 86 82 75
Education,
Office of
Inspector
General
Department of 64 76 64 74
Transportatio
n, Office of
Inspector
General
Department of 63 64 63 59
Veterans
Affairs,
Office of
Inspector
General
Federal 0\j 16 29 61\k
Deposit
Insurance
Corporation,
Office of
Inspector
General
National 30 47 52 51
Aeronautics
and
Space
Administratio
n,
Office of
Inspector
General
Department of 25 41 56 49
Energy,
Office of
Inspector
General
Small Business 31 38 42 41
Administratio
n, Office of
Inspector
General
Department of 14 36 39 37
the
Treasury,
Office of
Inspector
General
Department of 10 31 32 34
State,
Office
of Inspector
General
U.S. Railroad 6 35 28 22
Retirement
Board, Office
of
Inspector
General
================================================================================
Total 2,471 3,070 4,096 4,204
--------------------------------------------------------------------------------
\a Fiscal year-end 1996 CPDF data differ from those reported by the
organizations (see app. IV) by about 1 percent.
\b Beginning in 1994, personnel in this organization were
reclassified from the Forestry Technician, Forestry, and other job
series to the law enforcement investigative series. The increases in
investigative personnel in 1995 and 1996 were the result of this
reclassification.
\c The numbers of investigative personnel in this organization
increased in 1995 and 1996 because personnel in the General
Inspection, Investigation, and Compliance series received coverage
under special law enforcement retirement in October 1994.
\d Officewide law enforcement retirement coverage for investigative
personnel was not available until September 1992.
\e The Social Security Administration was first established as a
separate federal department on March 31, 1995. Its Office of
Inspector General was staffed by personnel from the Department of
Health and Human Services, Office of Inspector General; therefore,
the number of law enforcement investigative personnel in the
Department, Office of Inspector General, decreased.
\f Data are not shown for 1987 and 1991 because the Office of
Criminal Investigations was established in March 1992.
\g Data are not shown for 1987 and 1991 because the Social Security
Administration was established as a separate federal department on
March 31, 1995.
\h Data are not shown for 1987 because the Department of Justice,
Office of Inspector General, was authorized by Congress in 1988 and
established in 1989.
\i Most of the criminal investigative personnel in this organization
are military personnel. During 1987 and 1991, the small number of
civilian criminal investigative personnel were not covered by law
enforcement retirement.
\j Data are not shown for 1987 because the Federal Deposit Insurance
Corporation, Office of Inspector General, was established in 1988.
\k On January 1, 1996, the Resolution Trust Corporation, Office of
Inspector General, merged with this organization, which caused an
increase in law enforcement investigative personnel.
Sources: Law enforcement organization data for the Department of
Labor, the Office of Labor Management Standards, and the Department
of the Air Force, Air Force Office of Special Investigations (end of
fiscal year 1991 only), and CPDF data for all others.
LAW ENFORCEMENT INVESTIGATIVE
PERSONNEL AT 13 FEDERAL
ORGANIZATIONS WITH THE LARGEST
NUMBER OF CRIMINAL INVESTIGATIVE
PERSONNEL, END OF FISCAL YEARS
1995 AND 1996
========================================================== Appendix VI
Number of law
enforcement
investigative
personnel
--------------
Law enforcement organization 1995 1996
------------------------------------------------------ ------ ------
Department of Justice
----------------------------------------------------------------------
Federal Bureau of
Investigation 10,082 10,662
Immigration and
Naturalization Service 8,014 9,982
Drug Enforcement
Administration 3,471 3,729
U.S. Marshals Service 2,463 2,625
Department of the Treasury
----------------------------------------------------------------------
Internal Revenue Service 3,756 3,744
U.S. Secret Service 3,225 3,246
U.S. Customs Service 2,912 2,826
Bureau of Alcohol, Tobacco
and Firearms 1,929 1,867
U.S. Postal Inspection Service 2,226 2,254
National Park Service 1,953 1,775
U.S. Capitol Police 1,074 1,074
Naval Criminal Investigative
Service 934 896
Department of State, Bureau of
Diplomatic Security 709 686
Total 42,748 45,366
----------------------------------------------------------------------
Sources: Federal law enforcement organization data from the U.S.
Postal Inspection Service, the U.S. Capitol Police, and the Bureau
of Diplomatic Security and CPDF data for the other organizations.
MAJOR CONTRIBUTORS TO THIS REPORT
========================================================= Appendix VII
GENERAL GOVERNMENT DIVISION,
WASHINGTON, D.C.
Weldon McPhail, Assistant Director
Doris Page, Evaluator-in-Charge
Michael Kassack, Senior Evaluator
Mary Hall, Evaluator
Charlotte Moore, Communications Analyst
David Alexander, Senior Social Science Analyst
Stuart M. Kaufman, Senior Social Science Analyst
Gregory Wilmoth, Senior Social Science Analyst
OFFICE OF THE GENERAL COUNSEL,
WASHINGTON, D.C.
Geoffrey Hamilton, Senior Attorney
*** End of document. ***