FBI Transformation
Data Inconclusive on Effects of Shift to Counterterrorism-Related Priorities on Traditional Crime Enforcement Gao ID: GAO-04-1036 August 31, 2004As a result of the terrorist attacks of September 11, 2001, the Federal Bureau of Investigation (FBI) has committed to a transformation to increase its focus on national security. The FBI has shifted agent resources to its top priorities of counterterrorism, counterintelligence, and cyber crime. Some of these agent resources were shifted away from drug, white-collar, and violent crime enforcement programs. The FBI's drug program has sustained, by far, the largest reduction in FBI agent workforce--about 550 positions, or more than 80 percent of the nonsupervisory field agents who were permanently reprogrammed. In addition, the FBI has had a continuing need to temporarily redirect agents from drug, white-collar, and violent crime enforcement to address counterterrorism-related workload demands. While GAO and other organizations have focused considerable attention on the progress of the FBI's transformation, this report addresses questions about the extent to which the shift in resources has affected federal efforts to combat drug, white-collar, and violent crime and whether other agencies, including the Drug Enforcement Administration (DEA) in the drug enforcement area, are filling gaps created by FBI resource shifts.
The data GAO examined are inconclusive about the effect of the shifts in the FBI's priorities after September 11 on federal efforts to combat drug, white-collar, and violent crime. Indicators are mixed on the effect of the FBI shift on federal drug, white-collar, and violent crime enforcement. Further, GAO's analyses should be cautiously viewed as short-term indicators that are not necessarily indicative of long-term trends. Data GAO examined on federal drug enforcement efforts did not show a conclusive effect of the FBI's shift in agent resources to priority areas. GAO found that combined FBI and DEA nonsupervisory field agent resources decreased by about 10 percent since September 11 but that DEA is expecting significant increases in positions over the next 2 fiscal years. The combined number of newly opened FBI and DEA drug matters has declined by about 10 percent since 2001, from 22,736 matters in fiscal year 2001, which ended just after September 11, to 20,387 matters in fiscal year 2003. This decline may be attributed, at least in part, to an increased emphasis on cases targeting major drug organizations rather than to fewer investigative resources. In addition, referrals of drug matters to U.S. Attorneys from all federal sources decreased about 2 percent. Similarly, data do not show a conclusive impact on federal efforts to combat white-collar and violent crime resulting from the FBI's shift in priorities. For example, while the number of white-collar crime referrals from federal agencies to U.S. Attorneys declined by about 6 percent, from 12,792 in fiscal year 2001 to 12,057 in fiscal year 2003, violent crime referrals from all federal sources have increased by about 29 percent, from 14,546 in fiscal year 2001 to 18,723 in fiscal year 2003. Views of law enforcement practitioners GAO interviewed were mixed on the effect of the FBI's shift in resources on drug, white-collar, and violent crime enforcement efforts. Although these views are not representative of all practitioners, some did not think the FBI's shift had a significant impact on these crime enforcement efforts in their communities, while others said that drug, white-collar and violent-crime investigations had suffered.
GAO-04-1036, FBI Transformation: Data Inconclusive on Effects of Shift to Counterterrorism-Related Priorities on Traditional Crime Enforcement
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Report to the Chairman, Subcommittee on Commerce, Justice, State, and
the Judiciary, and Related Agencies, Committee on Appropriations, House
of Representatives:
United States Government Accountability Office:
GAO:
August 2004:
FBI TRANSFORMATION:
Data Inconclusive on Effects of Shift to Counterterrorism-Related
Priorities on Traditional Crime Enforcement:
GAO-04-1036:
GAO Highlights:
Highlights of GAO-04-1036, a report to the Subcommittee on Commerce,
Justice, State, and the Judiciary and Related Agencies, Committee on
Appropriations, House of Representatives
Why GAO Did This Study:
As a result of the terrorist attacks of September 11, 2001, the Federal
Bureau of Investigation (FBI) has committed to a transformation to
increase its focus on national security. The FBI has shifted agent
resources to its top priorities of counterterrorism,
counterintelligence, and cyber crime. Some of these agent resources
were shifted away from drug, white-collar, and violent crime
enforcement programs. The FBI‘s drug program has sustained, by far,
the largest reduction in FBI agent workforce”about 550 positions, or
more than 80 percent of the nonsupervisory field agents who were
permanently reprogrammed. In addition, the FBI has had a continuing
need to temporarily redirect agents from drug, white-collar, and
violent crime enforcement to address counterterrorism-related workload
demands. While GAO and other organizations have focused considerable
attention on the progress of the FBI‘s transformation, this report
addresses questions about the extent to which the shift in resources
has affected federal efforts to combat drug, white-collar, and violent
crime and whether other agencies, including the Drug Enforcement
Administration (DEA) in the drug enforcement area, are filling gaps
created by FBI resource shifts.
What GAO Found:
The data GAO examined are inconclusive about the effect of the shifts
in the FBI‘s priorities after September 11 on federal efforts to combat
drug, white-collar, and violent crime. As the figure below shows,
indicators are mixed on the effect of the FBI shift on federal drug,
white-collar, and violent crime enforcement. Further, GAO‘s analyses
should be cautiously viewed as short-term indicators that are not
necessarily indicative of long-term trends.
Inconclusive data on effects of shift to counterterrorism-related
priorities:
[See PDF for image]
[a] Includes only nonsupervisory field agent positions directly focused
on investigations.
[End of figure]
Data GAO examined on federal drug enforcement efforts did not show a
conclusive effect of the FBI‘s shift in agent resources to priority
areas. GAO found that combined FBI and DEA nonsupervisory field agent
resources decreased by about 10 percent since September 11 but that DEA
is expecting significant increases in positions over the next 2 fiscal
years. The combined number of newly opened FBI and DEA drug matters has
declined by about 10 percent since 2001, from 22,736 matters in fiscal
year 2001, which ended just after September 11, to 20,387 matters in
fiscal year 2003. This decline may be attributed, at least in part, to
an increased emphasis on cases targeting major drug organizations
rather than to fewer investigative resources. In addition, referrals
of drug matters to U.S. Attorneys from all federal sources decreased
about 2 percent.
Similarly, data do not show a conclusive impact on federal efforts to
combat white-collar and violent crime resulting from the FBI‘s shift in
priorities. For example, while the number of white-collar crime
referrals from federal agencies to U.S. Attorneys declined by about 6
percent, from 12,792 in fiscal year 2001 to 12,057 in fiscal year 2003,
violent crime referrals from all federal sources have increased by
about 29 percent, from 14,546 in fiscal year 2001 to 18,723 in fiscal
year 2003.
Views of law enforcement practitioners GAO interviewed were mixed on
the effect of the FBI‘s shift in resources on drug, white-collar, and
violent crime enforcement efforts. Although these views are not
representative of all practitioners, some did not think the FBI‘s shift
had a significant impact on these crime enforcement efforts in their
communities, while others said that drug, white-collar and violent-
crime investigations had suffered.
www.gao.gov/cgi-bin/getrpt?GAO-04-1036.
To view the full product, including the scope and methodology, click on
the link above. For more information, contact Laurie Ekstrand at (202)
512-8777 or esktrandl@gao.gov.
[End of section]
Contents:
Letter:
Results in Brief:
Background:
No Conclusive Effect on Federal Drug Enforcement Resulting from FBI
Agent Resource Shifts because Results Are Mixed and Available Data Have
Limitations:
Our Analysis Did Not Identify Conclusive Effect on Federal White-Collar
and Violent Crime Enforcement Resulting from FBI Priority Shifts:
Appendix I: Scope and Methodology:
Appendix II: FBI Nonsupervisory Field Special Agent Positions and Work
Years:
Appendix III: Decreases in FBI's Newly Opened Drug, White-Collar and
Violent Crime Matters Since September 11, 2001:
Appendix IV: GAO Contacts and Staff Acknowledgments:
GAO Contacts:
Acknowledgments:
Table:
Table 1: Field Locations and Agencies We Visited:
Figures:
Figure 1: Increase in Nonsupervisory FBI Field Agent Positions
Allocated to Counterterrorism, Counterintelligence, and Cyber Crime
Programs:
Figure 2: FBI Field Agent Nonsupervisory Agent Positions Allocated and
Agent Work Years Charged to the Counterterrorism Program Increased
after September 11:
Figure 3: The FBI's Newly Opened Counterterrorism Matters Increased
after September 11:
Figure 4: DEA Special Agent Resources Are the Major Portion of the
Combined FBI and DEA Domestic Drug Enforcement Program:
Figure 5: Number of Newly Opened FBI and DEA Drug Matters Decreased
About 10 Percent from Fiscal Year 2001 to Second Quarter Fiscal Year
2004:
Figure 6: Referrals of Drug Matters to U.S. Attorneys by FBI and DEA
and All Federal Agencies Slightly Decreased (Fiscal Year 2001 to Fiscal
Year 2003):
Figure 7: Referrals of White-Collar Crime Matters from All Federal
Agencies Decreased About 6 Percent since September 11:
Figure 8: Referrals of Violent Crime Matters from All Federal Agencies
to U.S. Attorneys for Prosecution Increased 22 Percent:
Figure 9: FBI Drug Program Agent Positions and Work Years:
Figure 10: FBI White-Collar Crime Program Agent Positions and Work
Years:
Figure 11: FBI Violent Crime Program Agent Positions and Work Years:
Figure 12: Decreases in Newly Opened FBI Drug Matters:
Figure 13: Decreases in Newly Opened FBI White-Collar Matters:
Figure 14: Decreases in Newly Opened FBI Violent Crime Matters:
Abbreviations:
ATF: Alcohol, Tobacco and Firearms:
CPOT: Consolidated Priority Organization Targeting:
CRS: Congressional Research Service:
DEA: Drug Enforcement Administration:
EOUSA: Executive Office for U.S. Attorneys:
FBI: Federal Bureau of Investigation:
OCDETF: Organized Crime Drug Enforcement Task Force:
United States Government Accountability Office:
Washington, DC 20548:
August 31, 2004:
The Honorable Frank Wolf:
Chairman:
Subcommittee on Commerce, Justice, State, and the Judiciary and Related
Agencies:
Committee on Appropriations:
House of Representatives:
Dear Mr. Chairman:
The Federal Bureau of Investigation (FBI) has the dual mission of
protecting national security and combating traditional crimes such as
drug, white-collar, and violent crime. As a result of the September 11,
2001, terrorist attacks, the FBI committed to transforming itself to
strengthen its ability to combat terrorism. One of the goals of the
FBI's transformation efforts was to shift its investigative resources
to increase its focus on its national security mission.
As we have previously reported, the FBI's recent focus on its top
priorities of counterterrorism, counterintelligence, and cyber crime
has required a continuous shift in resources away from drug, white-
collar, and violent crime enforcement, despite additional
appropriations to hire special agents in priority areas. Drug
enforcement has sustained, by far, the largest reduction in FBI agent
workforce.
While GAO and other organizations, for example, the Congressional
Research Service (CRS) and the National Academy of Public
Administration, have focused considerable attention on the progress of
the FBI's transformation efforts,[Footnote 1] we have also had
questions about the extent to which the shift in resources has affected
federal efforts to combat traditional crimes that were a significant
portion of the FBI's caseload before the terrorist attacks. Questions
have been raised about the effect, if any, that the FBI's shift in
resources into priority areas may have had on the enforcement of drug,
white-collar, and violent crimes and whether other federal agencies,
including the Drug Enforcement Administration (DEA) in the drug
enforcement area, are filling gaps created as a result of the FBI
resource shift.[Footnote 2]
To assist with its oversight responsibilities, the House Appropriations
Subcommittee on Commerce, Justice, State, and the Judiciary and Related
Agencies has requested that we study the effects FBI's shift to its new
priorities has had on enforcement of selected traditional crimes. To
assess overall impacts of the FBI's shift in resources, this report
examines the following issues: (1) How has FBI's shift in agent
resources since September 11 affected federal efforts to combat drug
crime? (2) How has FBI's shift in priorities affected federal efforts
to combat white-collar and violent crime?
To examine the effect of FBI's post-September 11 shift in resources to
national security priorities on federal efforts to combat domestic drug
crime, we analyzed data related to (1) the combined nonsupervisory
field agent resources devoted to drug enforcement by the FBI and
DEA[Footnote 3]; (2) the number of newly opened FBI and DEA drug
matters; (3) the number of drug matters referred from all federal
agencies to U.S. Attorneys' Offices for prosecution. We also conducted
semistructured interviews to determine what impacts, if any, selected
headquarters and field law enforcement officials[Footnote 4] have
observed. To examine the effect of the FBI's post-September 11 priority
shifts on federal efforts to combat white-collar and violent crime, we
analyzed data indicating the number of such matters referred to U.S.
Attorneys' Offices for prosecution from the FBI and all other federal
agencies. In addition, we included in our semistructured interview for
law enforcement officials questions related to impacts observed, if
any, on violent and white-collar crime caseloads and enforcement
activities. The interviewees, although working in locations that
experienced some of the sharpest reductions in FBI drug program
resources, are not representative of all locations or even of all of
those locations that experienced similar reductions in resources. The
data we analyzed and interviews with law enforcement officials should
be considered as short-term indicators with limitations in their
ability to determine the effect of FBI priority shifts.
Because the reliability of FBI, DEA, and Executive Office for U.S.
Attorneys (EOUSA) information management systems data is significant to
the findings of this review, we also interviewed officials of FBI, DEA,
and EOUSA to determine what steps they take to assess the accuracy of
data elements in these systems and what limitations, if any, they have
identified with the data elements used for our review. We also did a
limited assessment of the reliability of the data systems used for this
report, and we determined that the required data elements are
sufficiently reliable for the purposes of this review.
We performed our work from December 2003 to July 2004 in accordance
with generally accepted government auditing standards. Our scope and
methodology are discussed in greater detail in appendix I.
Results in Brief:
The data we examined are inconclusive as to whether shifts in the FBI's
priorities after September 11 have had an effect on overall federal
efforts to combat drug crime. Combined agent resources from the FBI and
DEA devoted to drug crime matters have decreased by about 10 percent
since September 11, with FBI agent resources decreasing and DEA agent
resources increasing slightly. DEA officials expect to increase current
resource levels, as they fill new positions authorized in previous
budget cycles. DEA, however, is pacing the hiring of new agents in an
effort to manage its growth so that as new special agents come on
board, it has the necessary infrastructure (i.e., office space, cars,
equipment, and training resources) to support them. The combined number
of newly opened FBI and DEA drug matters has declined by about 10
percent since September 11. A DEA official said, however, that this
decrease might be due to an increased emphasis on complex, long-term
cases that focus on dismantling or disrupting major drug organizations
rather than from fewer federal drug enforcement resources. Referrals of
drug matters to U.S. Attorneys from all federal sources decreased about
2 percent from 22,694 matters in fiscal year 2001 to 22,252 matters in
fiscal year 2003. Law enforcement officials we interviewed expressed
mixed perspectives about the impact of the FBI's shift of resources on
drug enforcement in their communities. The data we analyzed and the
information we obtained from interviews with law enforcement officials
represent short-term indicators of potential effects of the FBI's
transformation on overall federal efforts to combat crime and are not
necessarily indicative of long-term trends. The data should be
considered with caution in light of their limitations. For example, an
interviewee noted that it may be too early to determine the full impact
of the FBI shift out of drug work, since many of the cases now being
referred to U.S. Attorneys for prosecution were opened by investigative
agencies before the terrorist attacks occurred.
Similarly, the data do not show a conclusive impact on federal efforts
to combat white-collar and violent crime resulting from the FBI's shift
in priorities. Since September 11, the number of white-collar crime
referrals from all federal agencies to U.S. Attorneys declined by about
6 percent, from 12,792 in fiscal year 2001 to 12,057 in fiscal year
2003. Violent crime referrals from all federal agencies have increased
by about 29 percent, from 14,546 in fiscal year 2001 to 18,723 in
fiscal year 2003. Federal and local law enforcement officials we
interviewed had mixed views on the degree to which the FBI's shift in
resources affected efforts to combat white-collar and violent crime.
For example, some officials said that the FBI was still directing
resources where they are needed in critical violent and white-collar
enforcement efforts, while a prosecutor in another location said that
white-collar crime enforcement efforts were suffering as a result of
the FBI's shift of resources.
The Department of Justice (Justice) provided technical comments on a
draft of this report, which we incorporated where appropriate.
Background:
Prior to the terrorist attacks of September 11, national security,
including counterterrorism, was a top-tier priority for the FBI.
However, this top tier combined national security responsibilities with
other issues, and the FBI's focus and priorities were not entirely
clear. According to a Congressional Research Service report, the events
of September 11 made clear the need to develop a definitive list of
priorities.[Footnote 5] In June 2002, the FBI's director announced 10
priorities. The top 3 priorities were to (1) protect the United States
from terrorist attack (counterterrorism), (2) protect the United States
against foreign intelligence operations and espionage
(counterintelligence), and (3) protect the United States against cyber-
based attacks and high-technology crimes (cyber crime). White-collar
crime ranked seventh in the priority list, and violent crime ranked
eighth. Drug crimes that were not part of transnational or national
criminal organizations were not specifically among the FBI's top 10
priorities.
In June 2003 and March 2004, we testified that a key element of the
FBI's reorganization and successful transformation is the realignment
of resources to better ensure focus on the highest priorities.[Footnote
6] Since September 11, the FBI has permanently realigned a substantial
number of its field agents from traditional criminal investigative
programs to work on counterterrorism and counterintelligence
investigations. The FBI's staff reprogrammings carried out since
September 11 have permanently shifted 674 field agent positions from
the drug, white-collar, and violent crime program areas to
counterterrorism and counterintelligence. [Footnote 7] About 550 of
these positions (more than 80 percent of the permanently shifted
positions) came from the FBI's drug program, with substantially smaller
reductions from the white-collar and violent crime programs. In
addition, the FBI established the cyber program. As figure 1 shows,
about 25 percent of the FBI's field agent positions were allocated to
counterterrorism, counterintelligence, and cyber crime programs prior
to the FBI's change in priorities. As a result of the staff
reprogrammings and funding for additional special agent positions
received through various appropriations between 2002 and 2004,
[Footnote 8] the FBI staffing levels allocated to the counterterrorism,
counterintelligence, and cyber program areas have increased to about 36
percent and now represent the single largest concentration of FBI
resources. Figure 1 also notes that the number of nonsupervisory FBI
field agent positions has increased from 10,292 in fiscal year 2002 to
11,021 in fiscal year 2004, about 7 percent.
Figure 1: Increase in Nonsupervisory FBI Field Agent Positions
Allocated to Counterterrorism, Counterintelligence, and Cyber Crime
Programs:
[See PDF for image]
[End of figure]
Additionally, the FBI has had a continuing need to temporarily redirect
special agent resources from other criminal investigative programs to
address counterterrorism and other higher-priority needs. The FBI
continues to redirect agents from drug, white-collar, and violent crime
programs to address the counterterrorism-related workload demands.
These moves are directly in line with the FBI's priorities and in
keeping with its policy that no counterterrorism leads will go
unaddressed. Figure 2 shows that the counterterrorism program continues
to rely on resources that are temporarily redirected from other crime
programs. Appendix II contains figures that show the reductions in FBI
nonsupervisory field agent positions and work years charged to the drug
program and, to a lesser extent, the white-collar and violent crime
programs after September 11.
Figure 2: FBI Field Agent Nonsupervisory Agent Positions Allocated and
Agent Work Years Charged to the Counterterrorism Program Increased
after September 11:
[See PDF for image]
[End of figure]
As one might expect, the reallocation of resources to align with post-
September 11 priorities resulted in a significant increase in newly
opened FBI counterterrorism matters, while the number of newly opened
FBI drug, white-collar, and violent crime matters declined between
fiscal year 2001 and the third quarter of fiscal year 2004. As shown in
figure 3, the FBI's newly opened counterterrorism matters increased by
about 183 percent, from 1,006 matters in the fourth quarter of fiscal
year 2001 to 2,850 matters in the fourth quarter of fiscal year 2003.
Figure 3: The FBI's Newly Opened Counterterrorism Matters Increased
after September 11:
[See PDF for image]
[End of figure]
In contrast, the number of newly opened FBI drug matters declined from
1,447 in fiscal year 2001 to 587 in fiscal year 2003--a decrease of
about 60 percent. FBI newly opened white-collar and violent crime
matters also remained below pre-September 11 levels, though the
decreases have not been as dramatic as those in the drug crime program.
The decreases from fiscal year 2001 to fiscal year 2003 were about 32
percent in the number of newly opened white-collar crime matters and
about 40 percent in newly opened violent crime matters. See appendix
III for figures showing the pre-and post-September 11 changes in the
FBI's newly opened drug, white-collar, and violent crime matters.
Also, as expected with the significant shift in resources to address
national security priorities, the FBI's referrals of counterterrorism
matters to U.S. Attorneys' Offices for prosecution have increased since
September 11, while referrals of drug, white-collar, and violent crime
matters have decreased. In fiscal year 2001, which ended just after
September 11, 2001, the FBI referred 236 counterterrorism matters to
U.S. Attorneys for prosecution. In fiscal year 2003, the FBI referred
1,821 of these matters to U.S. Attorneys, an increase of about 671
percent. At the same time, FBI referrals of drug, white-collar, and
violent crime matters decreased about 39 percent, 23 percent, and 10
percent respectively.
No Conclusive Effect on Federal Drug Enforcement Resulting from FBI
Agent Resource Shifts because Results Are Mixed and Available Data Have
Limitations:
We could not conclusively identify an effect on federal drug
enforcement resulting from the FBI's shift in resources after September
11, because results of our analyses were mixed and the data we used had
limitations. While the number of FBI nonsupervisory field agents
assigned to the drug program decreased by more than 40 percent after
September 11, the decrease in the number of combined FBI and DEA field
agents assigned to drug work was about 10 percent because the number of
DEA field agent positions increased slightly. Further, DEA, the lead
agency for federal drug enforcement, is continuing to increase its
resources as positions appropriated by Congress in prior fiscal years
are filled. The combined number of newly opened FBI and DEA drug
matters has declined by about 10 percent since September 11. However,
the combined number of referrals of drug matters to U.S. Attorneys from
all federal sources decreased about 2 percent. Finally, law enforcement
officials from the FBI, DEA, U.S. Attorneys' Offices, and local police
departments that we interviewed had mixed views on whether the FBI's
shift of resources had an impact on drug enforcement in their
communities. The data we analyzed and interviews with law enforcement
officials should be considered short-term indicators with some
limitations in their ability to depict the complete impact of FBI
priority changes.
Combined FBI and DEA Drug Program Agent Resources Have Decreased, but
More DEA Positions Are Planned:
As figure 4 shows, the combined number of FBI and DEA nonsupervisory
field agent positions has decreased about 10 percent since the
terrorist attacks, from about 4,500 nonsupervisory field agents at the
end of fiscal year 2001 to about 4,000 field agent positions in the
second quarter of fiscal year 2004.[Footnote 9] The decrease has not
been more pronounced because DEA, as the nation's single-mission drug
enforcement agency, has devoted more resources to domestic drug
enforcement than has the FBI in both pre-and post-September 11 periods.
As the number of FBI nonsupervisory field special agents assigned to
drug program investigations has decreased from about 1,400 in fiscal
year 2001 to about 800 in fiscal year 2004, the number of DEA
nonsupervisory field agents has increased slightly. These DEA positions
increased from a little less than 3,100 positions in fiscal year 2001
to a little more than 3,200 positions in the second quarter of fiscal
year 2004[Footnote 10]. DEA devoted about twice as many agent resources
as the FBI did to domestic drug enforcement before the terrorist
attacks, and the DEA share of the combined FBI and DEA domestic drug
enforcement agent resources has continued to increase since then.
Figure 4: DEA Special Agent Resources Are the Major Portion of the
Combined FBI and DEA Domestic Drug Enforcement Program:
[See PDF for image]
[A] This includes the first two quarters of fiscal year 2004:
[End of figure]
A Department of Justice official noted that Justice has pursued the
goal of increasing agent strength, and the DEA domestic drug operations
chief said that he expects the number of DEA domestic drug agents to
increase significantly over the next 2 fiscal years, when positions
already appropriated by Congress are filled. According to the chief,
DEA expects to fill 216 new special agent positions appropriated in
fiscal year 2003 by the end of fiscal year 2004. The agency plans to
fill 365 additional positions appropriated in fiscal year 2004 during
fiscal year 2005. Thus, in fiscal year 2005, the combined number of FBI
and DEA drug enforcement agent resources should exceed the pre-
September 11 workforce strength, and in fiscal year 2006, the total
should continue to increase. In fiscal year 2005, DEA is requesting 111
additional agent positions for domestic enforcement. The chief said
that he has worked with FBI and Department of Justice officials to
determine where to deploy new special agent positions allocated since
September 11 and that DEA has put additional resources in high-threat
areas where the FBI had shifted resources out of drug enforcement. The
chief said that DEA is pacing the hiring of new agents in an effort to
manage its growth so that as new special agents come on board, DEA has
the necessary infrastructure, including office space, cars, equipment,
and training resources, to support them.
In contrast, the chief of the FBI's drug section said that FBI
officials do not foresee a significant increase in the number of agents
assigned to drug investigations. However, he was not aware of any plans
to withdraw additional agent resources from the drug program. He also
said he was hopeful that in future years, as the FBI gained experience
and resources for its national security-related priorities, fewer
temporary diversions of special agents from drug work to higher
priorities would be necessary. In addition, a Justice Department
official noted that in fiscal year 2004, FBI received additional agent
positions funded under the Organized Crime Drug Enforcement Task Force
(OCDETF) program, and that additional OCDETF field positions were
requested for the FBI in the 2005 budget.[Footnote 11] Since FBI
officials do not foresee a significant increase in the number of
special agents deployed to its drug program, if the trends continue,
DEA would have an even larger portion of the combined FBI and DEA
domestic drug program agent resources in the future than it currently
has.
Number of FBI and DEA Newly Opened Drug Matters Decreased About 10
Percent after September 11:
Although the number of the FBI's newly opened drug matters decreased
about 60 percent after September 11, the combined decrease in the
number of FBI and DEA newly opened matters is much smaller--about 10
percent--because DEA has a much larger drug caseload than the FBI. As
shown in Figure 5, the FBI and DEA together opened 22,736 domestic drug
matters in fiscal year 2001, compared with a combined total of 20,387
domestic drug matters in fiscal year 2003. Assuming that the FBI and
DEA open new matters at about the same pace in the last two quarters of
fiscal year 2004 as they did during the first two quarters, fiscal year
2004 levels of newly opened drug crime matters will be similar to those
in fiscal year 2003.
The DEA Chief of Domestic Drug Operations said that he thought the
decrease in the number of newly opened matters was due in part to an
increased Department of Justice emphasis on cases targeting major drug
organizations in its Consolidated Priority Organization Targeting
(CPOT) initiative rather than reduced federal resources for drug
enforcement. He said that the policy has resulted in DEA opening fewer
cases but that those cases have potential to dismantle or disrupt the
operations of major drug cartels. In commenting on a draft of this
report, a Department of Justice official more broadly stated that the
decrease in newly opened drug matters was due to the Justice strategy,
which directs resources on complex, nationwide investigation of entire
drug trafficking networks. The networks involve major international
sources of supply, including those on the Consolidated Priority
Organization Target list.
Figure 5: Number of Newly Opened FBI and DEA Drug Matters Decreased
About 10 Percent from Fiscal Year 2001 to Second Quarter Fiscal Year
2004:
[See PDF for image]
[A] This includes the first two quarters of fiscal year 2004.
[End of figure]
Referrals of Drug Crime Matters to U.S. Attorneys from All
Investigative Agencies Did Not Change Significantly after September 11:
While the FBI's referrals of drug matters to U.S. Attorneys for
prosecution have decreased about 40 percent, from 2,994 matters to
1,840 matters between fiscal year 2001 and fiscal year 2003, DEA
referrals increased over the same period by about 7 percent, from 9,907
matters in fiscal year 2001 to 10,596 matters in fiscal year 2003.
Almost half of the total number of drug matters that were referred to
U.S. Attorneys' Offices came from federal agencies other than the FBI
and DEA in fiscal year 2003.[Footnote 12] The number of referrals from
all federal agencies and departments other than the FBI and DEA was
almost unchanged over the period, with 9,793 referrals in fiscal year
2001 and 9,816 referrals in fiscal year 2003.
As figure 6 shows, U.S. Attorneys' Offices received 22,694 drug offense
referrals in fiscal year 2001 and 22,252 drug offense referrals in
fiscal year 2003, a decrease of about 2 percent from all federal
agencies. The FBI and DEA referred 12,901 drug matters to U.S.
Attorneys in fiscal year 2001 and 12,436 drug matters in fiscal year
2003, a decrease of about 4 percent.
Figure 6: Referrals of Drug Matters to U.S. Attorneys by FBI and DEA
and All Federal Agencies Slightly Decreased (Fiscal Year 2001 to Fiscal
Year 2003):
[See PDF for image]
[End of figure]
Law Enforcement Practitioners We Interviewed Valued the FBI's Role but
Had Mixed Views on the Effect of the FBI's Shift in Resources on Drug
Enforcement Efforts:
Law enforcement practitioners we interviewed had mixed views about the
impact of the FBI's shift in resources on drug enforcement efforts.
While many interviewees representing each of the locations and criminal
justice organizations we visited generally described the FBI as a
valuable law enforcement partner, some of them said that they did not
think the FBI's shift in resources had a significant impact on drug
enforcement efforts in their communities. Other interviewees said that
drug investigations have suffered as a result of the FBI's shift in
resources to new priority areas. For example, officials from 9 of the
14 law enforcement agencies we visited said that the FBI did not bring
any specialized drug program expertise that in most cases could not be
supplied by other agencies.[Footnote 13] However, 7 of the 14
interviewees said that there was a significant impact on overall drug
enforcement efforts in the locations we visited as a result of the
FBI's shift in resources to new priorities. It is important to keep in
mind that the interviewees, although working in locations that
experienced some of the sharpest reductions in the FBI drug program
resources, are not representative of all locations or even of all of
those locations that experienced similar reductions in resources.
The following are examples of some of the comments we received from law
enforcement practitioners who did not think that the shift in the FBI's
resources had an impact on drug crime enforcement efforts in their
communities.
The DEA are the drug experts here. The FBI does not contribute any
special expertise or specialized resources that are not available from
the DEA. --First Assistant U.S. Attorney.
The FBI did not bring lots of agents or special skills and equipment to
drug enforcement task forces. It brought information sources from
legates around the world. Partnerships can be rebuilt and remain
effective without the same level of FBI participation. --International
Association of Chiefs of Police representative.
In the past it was the FBI that "had it all"--good investigators,
money, technical equipment--to a greater extent than anybody else. Now
DEA and local police departments are catching up." --DEA field division
special agent in charge.
The FBI doesn't bring anything different or special to drug
investigations but their intelligence and informant system is
excellent. Their biggest strength is that they can throw manpower and
equipment in a crisis for the short term because they have more people
than the DEA and Alcohol, Tobacco, and Firearms (ATF) combined. --U.S.
Attorney.
The FBI shift in focus has had only a minimal impact and resulted in no
noticeable difference in the number of drug-related cases being
investigated and prosecuted. DEA has always done more partnering with
local police than the FBI, so the diversion of local police resources
from the narcotics bureaus and divisions to counterterrorism has been
more of a problem for DEA than has the FBI's shift. --DEA field
supervisory agent.
We have always done the most work in this area. The FBI often looks to
our police department for drug expertise. We are the organization that
does the most drug crime enforcement in this area. --city police
department supervisor.
On the other hand, some law enforcement officials said that drug
investigations have suffered as a result of the FBI shift in resources
to new priority areas. The following are several of the other comments
from law enforcement practitioners we interviewed who thought that the
FBI's shift in resources had affected efforts to combat crime.
The FBI's shift out of drug enforcement is having an impact in this
city. We are receiving fewer drug referrals from the FBI since
September 11, 2001, and, consequently, we are receiving fewer drug
referrals overall. The FBI is the best agency at understanding the
relationship between drugs and violence. --U.S. Attorney's Office
Criminal Division Chief.
Referrals have dropped off since the shift in priorities because there
are fewer agents working in the FBI criminal divisions. The FBI is not
working the long-term drug cases like they did in the past because the
bureau cannot afford to keep cases open for a year or two. --First
Assistant U.S. Attorney.
The FBI's shift out of drug work has layered more responsibilities on
state and local police. The organizations are responding by juggling
resources, requiring officers to work more hours, and attempting to
work smarter by improving information systems, using technology, and
communicating more effectively with one another. State and local police
agencies are more efficient now than they have ever been. As a result,
FBI involvement is perhaps not as critical as it may have been in the
past. --International Association of Chiefs of Police representative.
The FBI's shift into counterterrorism, counterintelligence and cyber
crimes has affected the number of drug cases investigated and
prosecuted at the federal level. --DEA field supervisory agent.
The FBI makes a number of important contributions to drug
investigations that we miss when resources are cut. First, FBI has an
extensive intelligence database. The FBI also brings people, money, and
equipment at a higher level than any other federal agency. --Local
police supervisor.
Current Data Should Be Viewed as Short-Term Indicators with
Limitations:
Our analyses provide perspectives in the short term (less than 3 years)
and are not necessarily indicative of long-term trends. With respect to
the short-term perspective, a U.S. Attorneys' Office Criminal Division
chief noted that cases can take many years to develop, and the full
impact of the FBI's shift in priorities may not be apparent for several
years. He said that cases are being referred to his office for
prosecution now that began long before the September 11 attacks.
We also determined that it was too early to assess possible changes in
drug price, purity, use, and availability, as well as any drug-related
crime trends that have occurred since September 11. Key statistical
studies that track the price and purity of illegal drugs and reports on
hospital emergency department drug episodes and drug abuse violations
were not current enough to provide more than a year of trend data after
September 11. Data over several more years are needed to determine
whether changes in drug use and availability have occurred, and even
when data are available, it will be very difficult to determine whether
changes are specifically attributable to the FBI's shift in priorities
or to other factors (such as improved drug prevention programs or new
methods of drug importation).
There are also other limitations to the data we analyzed. It is
important to note that while we looked at numbers of agent resources,
matters opened, and matters referred for prosecution, we could not
fully assess the less tangible factors of the quality of agent
resources and investigations and the complexity of investigations.
Neither could we determine what drug investigations the FBI might have
pursued had it had additional drug program agent resources.
We did ask interviewees their opinions on whether the quality of drug
agent resources and the quality and complexity of drug investigations
had changed since September 11. Some FBI officials said that
experienced agents were lost to the drug program when they were
assigned to work in higher-priority areas and that these agents were
unlikely to return to drug investigations. A top DEA official said that
drug investigations are more complex now than they were prior to
September 11. He said that the reason for the increased complexity is
unrelated to counterterrorism efforts; instead it is the result of a
Department of Justice strategy to target major drug organizations.
Our Analysis Did Not Identify Conclusive Effect on Federal White-Collar
and Violent Crime Enforcement Resulting from FBI Priority Shifts:
We did not conclusively identify an effect on federal white-collar and
violent crime enforcement resulting from the FBI's shift in priorities
after September 11. Our analysis was limited to only the number of
these matters referred to U.S. Attorneys' Offices for prosecution from
the FBI and all other federal agencies and impacts observed by law
enforcement officials we interviewed. Overall, all federal agencies
referred about 6 percent fewer white-collar crime matters to U.S.
Attorneys---down from 12,792 matters in fiscal year 2001 to 12,057
matters in fiscal year 2003. However, violent crime referrals increased
about 29 percent during this period--from 14,546 matters in fiscal year
2001 to 18,723 matters in fiscal year 2003. Headquarters and field law
enforcement officials we interviewed had mixed views on whether the
FBI's shift of resources had an effect on white-collar and violent
crime enforcement in their communities. Caveats to the results we
reported on impacts of the FBI's shift in priorities on drug
enforcement apply to white-collar and violent crime enforcement, as
well. The data we analyzed and interviews with law enforcement
officials should be considered as short-term indicators with
limitations in their ability to determine the impact of the FBI
priority shifts.
White-Collar Crime Matters Referred to U.S. Attorneys Decreased, while
Violent Crime Referrals Increased after September 11:
All federal agencies referred about 6 percent fewer white-collar crime
matters to U.S. Attorneys, down from 12,792 matters in fiscal year 2001
to 12,057 matters in fiscal year 2003. However, violent crime referrals
increased about 29 percent during this period, from 14,546 matters in
fiscal year 2001 to 18,723 matters in fiscal year 2003. Figures 7 and 8
show changes in the number of referrals of white-collar and violent
crime matters to U.S. Attorneys from all federal enforcement agencies
since September 11, 2001.
Figure 7: Referrals of White-Collar Crime Matters from All Federal
Agencies Decreased About 6 Percent since September 11:
[See PDF for image]
[End of figure]
Figure 8: Referrals of Violent Crime Matters from All Federal Agencies
to U.S. Attorneys for Prosecution Increased 22 Percent:
[See PDF for image]
[End of figure]
Of all the federal agencies and departments, the FBI refers the
greatest number of white-collar crime matters to U.S. Attorneys. FBI
referrals decreased about 23 percent, from 6,941 matters in fiscal year
2001 to 5,331 matters in fiscal year 2003. At the same time, referrals
by all other agencies increased by about 15 percent, from 5,851 matters
in fiscal year 2001 to 6,726 in fiscal year 2003. Other lead agencies
and departments for referring white-collar crime cases included the
Department of Health and Human Services and the Social Security
Administration, with health care and federal program fraud and other
white collar crime referrals; the U.S. Postal Service, with referrals
of tax and bank fraud, and other white-collar crime matters; the U.S.
Secret Service; and the Internal Revenue Service, with securities and
other fraud referrals.
FBI violent crime referrals decreased about 10 percent from 5,003
matters in fiscal year 2001 to 4,491 matters in fiscal year 2003.
However, over the same period ATF's violent crime referrals increased
from 6,919 to 10,789. Several other agencies and departments, including
all of the military services and the Departments of the Interior and
Housing and Urban Development, also referred violent crime matters to
U.S. Attorneys for prosecution. The Chief of the FBI's Violent Crime
Section noted that violent crime referrals by all federal agencies have
increased because efforts are under way nationwide to prosecute gang
violence. The Department of Justice is targeting cities nationwide
where high murder and violence rates persist despite an overall
reduction in violent crime rates to the lowest level in 30 years.
Law Enforcement Practitioners We Interviewed Had Mixed Views on Whether
the FBI's Shift of Resources Had an Impact on White-Collar and Violent
Crime Enforcement:
Law enforcement officials we interviewed had mixed views on whether the
FBI's shift of resources had a negative impact on white-collar and
violent crime enforcement in their communities. For example, police and
federal prosecutors in two locations noted that the FBI had continued
to provide necessary resources for critical white-collar and violent
crime concerns, while prosecutors in another location expressed concern
that white-collar crime enforcement was suffering because of the
reduced FBI involvement.
The following are comments we received from the local police
supervisors and officials of several U.S. Attorneys' Offices who did
not think that the FBI's shift in resources had an impact on white-
collar and violent crime enforcement efforts in their communities.
The FBI shift in resources did not have an impact on most traditional
crime enforcement areas in our location. Violent crime, firearm, and
child pornography case referrals are all up since September 11. In the
securities and commodities fraud area, the shifts have not kept the FBI
from doing the investigative work that needs to be done. Also, we are
making more use of the U.S. Attorney's Office investigators and Postal
Service investigators. Similarly, for government contract fraud,
federal inspector generals' offices have taken larger post-September 11
roles. State investigators and the U.S. Environmental Protection Agency
investigators are referring more environmental crime cases. --U.S.
Attorney's Office division chiefs:
The FBI continues to provide resources for traditional crime programs
when they are really needed. The FBI field office in our city was able
to make violent crime a priority to help the local police with its
violent crime problem in the public schools and housing projects. --
city police department supervisor:
The FBI can still throw manpower and equipment into a crisis for the
short term because they have more people than DEA and ATF combined. --
U.S. Attorney:
The FBI had not been a major partner in white-collar and violent crime
investigations prior to 9/11. Our department's strongest federal
partnerships are with ATF for violent crime and Secret Service on
identity theft. --city police department supervisor.
The following are two of the other comments from U.S. Attorneys' Office
and FBI managers and supervisors who thought that the FBI's shift in
resources had affected efforts to combat white-collar and violent
crime.
The FBI has raised investigation thresholds for white-collar crime. It
appears that criminals know this and are engaged in counterfeit check
fraud at levels just below the threshold. The white-collar crime
expertise of the FBI is gone. The good white-collar crime agents are
now working on cyber crimes. The FBI has also given up most of their
child pornography cases to the Postal Service and Customs. --U.S.
Attorney.
The FBI is the primary source of white-collar and public corruption
case referrals in this district. FBI resources for these areas have
declined, and no other agencies appear to be taking up the slack. --
U.S. Attorney's Office Criminal Division Chief:
Current Data Should Be Viewed as Short-Term Indicators with
Limitations:
Caveats to the results we reported on impacts of the FBI's shift in
priorities on drug enforcement apply to indicators of possible impacts
on white-collar and violent crime enforcement as well. The data we
analyzed and interviews with law enforcement officials should be
considered as short-term indicators with limitations in their ability
to determine the full impact of the FBI priority shifts. The data
provide perspectives in the short term of less than 3 years, and they
do not consider important factors such as whether changes have occurred
in the quality or complexity of white-collar and violent crime matters
being referred from federal law enforcement agencies to U.S. Attorneys
for prosecution. Also, our analysis does not consider the number and
quality of cases that could have been referred for prosecution by the
FBI had additional white-collar and violent crime program resources
been available.
We are providing copies of this report to the Department of Justice and
interested congressional committees We will also make copies available
to others on request. In addition, the report will be available at no
charge on GAO's Web site at http://www.gao.gov. Major contributors to
this report are listed in appendix IV.
If you or your staffs have any questions about this report, please
contact me on (202) 512-8777 or by email at ekstrandl@gao.gov, or
Charles Michael Johnson, Assistant Director on (202) 512-7331 or
johnsoncm@gao.gov. Key contributors to this report are listed in
Appendix IV.
Sincerely yours,
Signed by:
Laurie Ekstrand:
Director, Homeland Security and Justice Issues:
[End of section]
Appendix I: Scope and Methodology:
To examine the effect of the Federal Bureau of Investigation's (FBI)
post-September 11 priority shifts on federal efforts to combat domestic
drug crime, we analyzed (1) the impact of resource shifts on the
combined FBI and Drug Enforcement Administration (DEA) nonsupervisory
field special agent resources devoted to drug enforcement; (2) changes
in the number of newly opened FBI and DEA drug crime matters; (3)
changes in the number of drug crime matters referred from all federal
agencies to U.S. Attorneys' Offices for prosecution; and (4) impacts,
if any, observed by headquarters and field law enforcement officials we
interviewed.
Specifically, to determine changes in the combined level of FBI and DEA
nonsupervisory field special agent resources devoted to domestic drug
enforcement, we analyzed FBI time utilization data and DEA data on
funded staff levels for fiscal year 2001, which ended September 30,
2001, through the second quarter of fiscal year 2004, ending on March
31, 2004. We also analyzed FBI and DEA budget and resource allocation
information. We focused our analysis primarily on nonsupervisory field
special agent positions because these positions are directly involved
in investigations, while supervisors, managers, and headquarters agents
often have noninvestigative responsibilities in addition to their
investigative duties. To determine the number of newly opened FBI and
DEA drug matters, we analyzed case management system data for the
period from fiscal year 2001 through the second quarter of fiscal year
2004. We also reviewed the Department of Justice's Domestic Drug
Enforcement Strategy and discussed resource allocation issues and
concerns with FBI and DEA officials. We did not attempt to analyze data
on drug enforcement resource allocations and drug matters opened for
federal agencies and departments other than the FBI and DEA that are
involved in investigating drug-related crimes. To determine the number
of drug referrals from the FBI, DEA, and other federal agencies to U.S.
Attorneys, we analyzed Executive Office for U.S. Attorneys (EOUSA) case
management data on the number of referrals received by referring agency
and type of referral for fiscal year 2001 through 2003. We did not have
access to criminal case files and thus did not provide any assessment
of changes in the quality or complexity of traditional criminal
investigations in pre-and post-September 11 periods.
To provide perspectives of law enforcement officials on impacts, if
any, they observed on traditional FBI criminal enforcement areas as a
result of the FBI's shift of resources to new priorities, we
interviewed selected federal headquarters and field officials, police
department supervisors, and representatives of the International
Association of Chiefs of Police. At FBI headquarters we interviewed the
chief of the drug section, and at DEA headquarters we interviewed the
chief of the domestic drug program. The field locations we visited, as
shown in table 1, had among the greatest shifts of FBI resources from
traditional criminal programs into new priorities. Using a
semistructured interview and a data collection instrument, at each
location we asked FBI and DEA field office managers and U.S. Attorney's
Office supervisory prosecutors and local police department supervisors
responsible for drug enforcement about any impacts they had observed on
their caseloads, workloads, and crime in their communities as a result
of the FBI shift in priorities.[Footnote 14] The results of these
interviews cannot be generalized to any broader community of law
enforcement agencies or officials or to other geographic locations.
Table 1: Field Locations and Agencies We Visited:
Location: Dallas, TX;
Law Enforcement Agencies Visited: FBI, Dallas Field Office;
DEA, Dallas Division;
U.S. Attorney's Office for the Northern District of Texas;
Dallas Police Department.
Location: Los Angeles, CA;
Law Enforcement Agencies Visited: FBI, Los Angeles Field Office;
DEA, Los Angeles Division;
U.S. Attorney's Office for the Central District of California;
Los Angeles Police Department.
Location: Miami, FL;
Law Enforcement Agencies Visited: FBI, Miami Field Office;
DEA, Miami Division;
U.S. Attorney's Office for the Southern District of Florida;
Miami (Dade County) Police Department.
Location: New York City, NY;
Law Enforcement Agencies Visited: FBI, New York Field Office;
DEA, New York Division;
U.S. Attorney's Office for the Southern District of New York.
Location: Washington, D.C;
Law Enforcement Agencies Visited: FBI, Washington, D.C., Field Office;
DEA, Washington, D.C., Division;
U.S. Attorney's Office for the District of Columbia;
Washington, D.C., Metropolitan Police Department.
Source: GAO.
[End of table]
To examine the effect of the FBI's post-September 11 priority shifts on
federal efforts to combat white-collar and violent crime, we considered
(1) the number of matters referred to U.S. Attorneys' Offices for
prosecution from the FBI and all other federal agencies and (2) the
effects, if any, observed by law enforcement officials we interviewed.
To determine how the numbers of white-collar and violent crime matters
referred to U.S. Attorneys' Offices for prosecution from the FBI and
all other federal agencies have changed, we analyzed case-management
system data from EOUSA. To provide perspectives from selected law
enforcement officials on any changes in federal white-collar and
violent crime enforcement activities as a result of the FBI's shift in
priorities, we included in our structured interview questions about
effects federal and local law enforcement officials we visited might
have observed on white-collar and violent crime caseloads, workloads,
and law enforcement activities in their communities. We did not attempt
to collect information on the number of newly opened white-collar and
violent crime matters from all federal sources because there is no
agency comparable to DEA, with single-mission dedication to white-
collar crime or violent crime investigations. Many different federal
agencies and offices, including criminal investigative agencies and
inspectors general, investigate these matters, but our time frames did
not allow us to obtain resource allocation data from them.
The data should be viewed as short-term indicators with limitations.
The full impact of the FBI's shift in priorities may not be apparent
for several years. While we looked at numbers of agent resources,
matters opened, and matters referred for prosecution, we could not
fully assess the less tangible factors of the quality of agent
resources and investigations and the complexity of investigations.
Neither could we determine what investigations the FBI might have
pursued had it had additional agent resources.
Because the reliability of FBI, DEA, and EOUSA information management
systems data is significant to the findings of this review, we
interviewed FBI, DEA, and U.S. Attorney personnel to determine what
steps they take to assess the accuracy of data elements and what
limitations, if any, they have identified with the data elements used
for our review. As a result of our assessment, we determined that the
required data elements are sufficiently reliable for the purposes of
this review.
We performed our work from December 2003 to July 2004 in accordance
with generally accepted government auditing standards.
[End of section]
Appendix II: FBI Nonsupervisory Field Special Agent Positions and Work
Years:
FBI Nonsupervisory Field Special Agent Positions and Work Years Charged
to the Drug, White-Collar, and Violent Crime Programs (fiscal year 2001
to second quarter, fiscal year 2004).
Figure 9: FBI Drug Program Agent Positions and Work Years:
[See PDF for image]
[End of figure]
Figure 10: FBI White-Collar Crime Program Agent Positions and Work
Years:
[See PDF for image]
[End of figure]
Figure 11: FBI Violent Crime Program Agent Positions and Work Years:
[See PDF for image]
[End of figure]
[End of section]
Appendix III: Decreases in FBI's Newly Opened Drug, White-Collar and
Violent Crime Matters Since September 11, 2001:
Figure 12: Decreases in Newly Opened FBI Drug Matters:
[See PDF for image]
[A] This includes the first two quarters of fiscal year 2004. Assuming
that the FBI opens new matters at about the same pace in the last two
quarters of fiscal year 2004 that it did during the first two quarters,
fiscal year 2004 levels of newly opened drug crime matters will be
similar to those in fiscal year 2003.
[End of figure]
Figure 13: Decreases in Newly Opened FBI White-Collar Matters:
[See PDF for image]
[End of figure]
Figure 14: Decreases in Newly Opened FBI Violent Crime Matters:
[See PDF for image]
[End of figure]
[End of section]
Appendix IV: GAO Contacts and Staff Acknowledgments:
GAO Contacts:
Laurie Ekstrand, (202) 512-8777
Charles Michael Johnson, (202) 512-7331:
Acknowledgments:
David Alexander, Leo Barbour, William Bates, Geoffrey Hamilton,
Benjamin Jordan, Deborah Knorr, Jessica Lundberg, Andrew O'Connell, and
Kathryn Young made significant contributions to this report.
FOOTNOTES
[1] Testimonies and reports on FBI's transformation efforts include
GAO, FBI Transformation: FBI Continues to Make Progress in Its Efforts
to Transform and Address Priorities, GAO-04-578T (Washington, D.C.:
Mar. 23, 2004); GAO, FBI Organization: Progress Made in Efforts to
Transform, but Major Challenges Continue, GAO-03-759T (Washington,
D.C.: June 18, 2003); and Congressional Research Service, FBI
Intelligence Reform since September 11, 2001: Issues and Options for
Congress, (Washington, D.C., April 6, 2004), and Testimony of the
Chairman of the National Academy of Public Administration on FBI
Reorganization (Washington, D.C.: June 18, 2003).
[2] DEA is the nation's single-mission drug enforcement agency, which
referred almost half of all of the federal drug matters referred to
U.S. Attorneys for prosecution in fiscal year 2003.
[3] We focused the analysis on nonsupervisory field special agent
positions because these positions are directly involved in
investigations, while supervisors, managers, and headquarters agents
often have noninvestigative responsibilities in addition to their
investigative duties.
[4] We interviewed officials of FBI, DEA, U.S. Attorneys' Offices,
local police departments, and the International Association of Chiefs
of Police.
[5] Congressional Research Service, The FBI: Past, Present, and Future
(Washington, D.C.: October 2, 2003).
[6] See GAO-04-578T and GAO 03-759T.
[7] The figure of 674 positions excludes 11 supervisory positions that
were returned to the drug program.
[8] The FBI has the authority to reprogram funds (i.e., move funds
between activities within a given account) without notifying the
relevant appropriations subcommittees unless a specific purpose is
prohibited or the amount of the reprogramming exceeds a dollar
threshold ($500,000 or a 10 percent change in funding level, whichever
is less).
[9] These agent positions do not represent the total FBI and DEA
special agent positions because in an effort to focus on positions
directly involved in investigations, we did not include headquarters
and supervisory field agents in our analysis.
[10] Because DEA's resource management system does not distinguish
between supervisory and nonsupervisory agents, in consultation with
DEA, we subtracted 15 percent of DEA's total domestic drug enforcement
agent positions as an estimate of the number of field supervisory and
managerial positions
[11] OCDETF is a federal drug enforcement program focusing on
disrupting and dismantling major drug trafficking organizations. It is
made up of 11 federal agencies, as well as state and local law
enforcement agencies. These special agent positions are not FBI direct-
funded positions.
[12] Other federal agencies and departments that EOUSA reported as
referring large numbers of drug matters for prosecution in fiscal year
2003 were the Customs Service (4,949 matters) and the Bureau of
Alcohol, Tobacco, and Firearms (629 matters). In March 2003, after the
creation of the Department of Homeland Security, the Customs Service
was merged and reconstituted into the Bureaus of Immigration and
Customs Enforcement, and Customs and Border Protection. At the same,
the Bureau of Alcohol, Tobacco, and Firearms was transferred from the
Department of Treasury to the Department of Justice and became the
Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The EOUSA
data management system was not changed to reflect these realignments
and reorganizations, but an official said that efforts are under way to
do so.
[13] The 14 interviewees cited do not include the FBI officials we
interviewed, all of whom said that the FBI brought certain specialized
expertise to drug enforcement and that the shift in FBI resources out
of the drug program had a negative impact on drug enforcement efforts.
[14] We obtained local police department perspectives from four of the
five locations we visited because the New York City Police Department
declined to participate in an interview.
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