U.S. Marshals
Qualifications and Comparison of Demographic Characteristics to Their Counterparts in Selected Federal Law Enforcement Agencies Gao ID: GAO-10-15R November 13, 2009Federal law does not mandate specific qualifications for individuals appointed as U.S. Marshals. However, Section 505 of the USA PATRIOT Improvement and Reauthorization Act of 2005 states that U.S. Marshals should possess certain minimum characteristics in order to serve. The suggested characteristics are (1) a minimum of 4 years of command-level law enforcement management duties, including personnel, budget, and accountable property issues, in a police department, sheriff's office, or federal law enforcement agency; (2) experience in coordinating with other law enforcement agencies, particularly at the state and local levels; (3) college-level academic experience; and (4) experience in or with county, state, and federal court systems or experience with protection of court personnel, jurors, and witnesses. In contrast to the appointment process for U.S. Marshals, the senior field supervisors of other federal law enforcement agencies with comparable duties and responsibilities are selected under competitive, merit-based promotion criteria outlined in Title 5 of the U.S. Code. These individuals are required to apply and compete for these positions and meet any identified minimum standards. Minimum qualifications used to select senior field supervisors at some of the federal law enforcement agencies vary, but all require prior supervisory law enforcement experience. In April 2003, we reported on the appointment and qualifications of U.S. Marshals at which time there were no statutory provisions on the suggested minimum characteristics of U.S. Marshals. We also reported that while the average length of overall law enforcement experience of U.S. Marshals was not significantly different than that of senior field supervisors at the three selected federal law enforcement agencies, the level of government (federal, state, local, or county level) from which the experience was obtained differed. With passage of the act, Congress requested that we address the following questions (1) To what extent do the U.S. Marshals possess the four suggested minimum characteristics included in Section 505 of the USA PATRIOT Improvement and Reauthorization Act of 2005? (2) To what extent are the U.S. Marshals' experience, education, race, and gender comparable to those of senior field supervisors in other federal law enforcement agencies?
A majority of U.S. Marshals possessed the suggested command-level law enforcement and college-level academic experience, according to USMS documentation. However, the absence of documentation made it difficult to determine the extent to which U.S. Marshals possessed the suggested experience in coordinating with other law enforcement agencies and experience with court systems and protecting court personnel. USMS based its determination that U.S. Marshals had at least 4 years of "command-level law enforcement management" experience on whether U.S. Marshals previously had served in a police or sheriff's department at the lieutenant level or above; as a supervisory criminal investigator in a federal law enforcement agency; or as a colonel or above in a military police unit, criminal investigation unit, or a similar military law enforcement function. USMS officials stated that this experience helps ensure that U.S. Marshals can effectively and efficiently manage the district offices. USMS did not consider positions in security or as prosecutors to be command-level experience. Of the 83 U.S. Marshals, USMS documentation showed that 64 possessed the suggested minimum characteristic of college-level academic experience, while 19 did not. USMS defined college-level academic experience to be, at a minimum, a 2-year college degree. Further, regarding experience in coordinating with other law enforcement agencies, USMS documentation showed that 45 of the 83 U.S. Marshals possessed this suggested characteristic, while 38 had insufficient documentation in the file to determine whether they possessed this characteristic. USMS determined whether the U.S. Marshals had this characteristic based on documentation in USMS files indicating that the U.S. Marshals had been employed at a law enforcement agency and had experience in working with other law enforcement agencies, such as being a member of a task force that included other law enforcement agencies. While U.S. Marshals and senior field supervisors at selected federal law enforcement agencies had similar amounts of law enforcement experience before they were appointed or assigned to their position, there was a smaller proportion of U.S. Marshals with prior federal law enforcement experience than the senior field supervisors at other federal law enforcement agencies. Also, the U.S. Marshals had less diversity and education than their counterparts at other law enforcement agencies. The U.S. Marshals had an average of 25 years prior law enforcement experience. Similarly, supervisors from the other six federal law enforcement agencies averaged between 20 and 24 years of prior law enforcement experience. Further, U.S. Marshals had an average of 10 years of prior supervisory law enforcement experience, compared to senior field supervisors at the other six federal law enforcement agencies who ranged from 6 to 12 years of prior supervisory law enforcement experience.
GAO-10-15R, U.S. Marshals: Qualifications and Comparison of Demographic Characteristics to Their Counterparts in Selected Federal Law Enforcement Agencies
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GAO-10-15R:
United States Government Accountability Office:
Washington, DC 20548:
November 13, 2009:
The Honorable Patrick Leahy:
Chairman:
Committee on the Judiciary:
United States Senate:
Subject: U.S. Marshals: Qualifications and Comparison of Demographic
Characteristics to Their Counterparts in Selected Federal Law
Enforcement Agencies:
Dear Mr. Chairman:
The U.S. Marshals Service (USMS), a component within the Department of
Justice (DOJ), is charged with protecting federal judges and witnesses,
transporting federal prisoners, apprehending federal fugitives, and
managing assets seized from criminal enterprises, as well as managing
USMS offices within federal judicial districts, among other
responsibilities. Presidentially appointed U.S. Marshals direct the
activities of 94 districts--1 for each federal judicial district,
including at least 1 in each state, the District of Columbia, the
Commonwealths of Puerto Rico and the Northern Mariana Islands, and 2
U.S. territories--the Virgin Islands and Guam.[Footnote 1] The process
used to appoint U.S. Marshals to the federal judicial districts has not
changed since the establishment of the position.[Footnote 2] The
President, with the advice and consent of the Senate, appoints U.S.
Marshals for a 4-year term.
Federal law does not mandate specific qualifications for individuals
appointed as U.S. Marshals. However, Section 505 of the USA PATRIOT
Improvement and Reauthorization Act of 2005 states that U.S. Marshals
should possess certain minimum characteristics in order to serve.
[Footnote 3] The suggested characteristics are (1) a minimum of 4 years
of command-level law enforcement management duties, including
personnel, budget, and accountable property issues, in a police
department, sheriff's office, or federal law enforcement agency; (2)
experience in coordinating with other law enforcement agencies,
particularly at the state and local levels; (3) college-level academic
experience; and (4) experience in or with county, state, and federal
court systems or experience with protection of court personnel, jurors,
and witnesses.
In contrast to the appointment process for U.S. Marshals, the senior
field supervisors of other federal law enforcement agencies with
comparable duties and responsibilities are selected under competitive,
merit-based promotion criteria outlined in Title 5 of the U.S. Code.
These individuals are required to apply and compete for these positions
and meet any identified minimum standards. Minimum qualifications used
to select senior field supervisors at some of the federal law
enforcement agencies vary, but all require prior supervisory law
enforcement experience.
In April 2003, we reported on the appointment and qualifications of
U.S. Marshals at which time there were no statutory provisions on the
suggested minimum characteristics of U.S. Marshals.[Footnote 4] We also
reported that while the average length of overall law enforcement
experience of U.S. Marshals was not significantly different than that
of senior field supervisors at the three selected federal law
enforcement agencies,[Footnote 5] the level of government (federal,
state, local, or county level) from which the experience was obtained
differed. With passage of the act, you and the late Senator Edward
Kennedy requested that we address the following questions:
* To what extent do the U.S. Marshals possess the four suggested
minimum characteristics included in Section 505 of the USA PATRIOT
Improvement and Reauthorization Act of 2005?
* To what extent are the U.S. Marshals' experience, education, race,
and gender comparable to those of senior field supervisors in other
federal law enforcement agencies?
To determine the extent to which each of the U.S. Marshals had the four
minimum characteristics consistent with those suggested in the act, we
requested that USMS complete a data collection instrument to obtain
information on the characteristics of 83 of the 94 U.S. Marshals
appointed as of January 1, 2009.[Footnote 6] To ensure this instrument
was completed in a consistent format and manner, we provided USMS with
detailed instructions on completing the data collection instrument. To
help ensure the quality of responses provided by USMS, we also verified
the accuracy of the information for 24 of the 83 U.S. Marshals' files.
Specifically, we randomly selected 12 of the 71 files of U.S. Marshals
who were appointed before the act and selected all 12 files of U.S.
Marshals who were appointed after the act was enacted on March 9, 2006.
We validated USMS determinations of the characteristics for each of the
24 selected U.S. Marshals' files; that is, we determined that the
agency's determinations were accurate (i.e., used relevant information
to help ensure reliable determinations) and well-documented (i.e.,
methodology, criteria, results, rationales, and sources of information
were retained and available for examination). Additionally, we
interviewed knowledgeable USMS officials about how they compiled and
analyzed the data from the 83 U.S. Marshals' files that they provided
to us and determined that the data were sufficiently reliable for the
purposes of this report.
To assess the extent to which U.S. Marshals' experience, education,
race, and gender are comparable to those of senior field supervisors in
other federal law enforcement agencies, we analyzed Office of Personnel
Management guidance[Footnote 7] and interviewed officials from USMS and
other federal law enforcement agencies to obtain information on the
qualifications, responsibilities, and duties for their senior field
supervisor positions. As a result, we compared the USMS senior field
supervisor position to the following federal law enforcement agencies'
senior field supervisor positions: the Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF); Drug Enforcement Administration (DEA);
Federal Bureau of Investigation (FBI); Immigration and Customs
Enforcement (ICE)-Office of Detention and Removal Operations (DRO); ICE-
Office of Investigations (OI); and the U.S. Secret Service (USSS).
Enclosure I provides information on the senior field supervisors at
selected federal law enforcement agencies. We obtained demographic
information from USMS and the other federal law enforcement agencies on
each of the senior field office supervisors serving as of May 1, 2009.
This information included the field office assigned; date appointed;
pay grade; gender; race; education level and highest degree earned
prior to assignment; law enforcement experience prior to assignment
(including whether that experience was obtained at the same agency,
another federal agency, or a local, state, or county agency); and
supervisory law enforcement experience prior to assignment. To gauge
the quality of the responses, we analyzed the data to identify any
inconsistencies and conducted follow-up interviews, as appropriate. We
determined that the data were sufficiently reliable for the purposes of
our report.
We conducted this performance audit from January 2009 to November 2009
in accordance with generally accepted government auditing standards.
Those standards require that we plan and perform the audit to obtain
sufficient, appropriate evidence to provide a reasonable basis for our
findings and conclusions based on our audit objectives. We believe that
the evidence obtained provides a reasonable basis for our findings and
conclusions based on our audit objectives.
USMS Documentation Shows That a Majority of U.S. Marshals Possessed
Command-Level Law Enforcement Experience and College-Level Academic
Experience:
A majority of U.S. Marshals possessed the suggested command-level law
enforcement and college-level academic experience, according to USMS
documentation. However, the absence of documentation made it difficult
to determine the extent to which U.S. Marshals possessed the suggested
experience in coordinating with other law enforcement agencies and
experience with court systems and protecting court personnel. As shown
in table 1, of the 83 U.S. Marshals that were serving as of January 1,
2009, 54 reportedly possessed the suggested minimum characteristic of 4
years of command-level experience, while 28 did not.[Footnote 8] USMS
based its determination that U.S. Marshals had at least 4 years of
"command-level law enforcement management" experience on whether U.S.
Marshals previously had served in a police or sheriff's department at
the lieutenant level or above; as a supervisory criminal investigator
in a federal law enforcement agency; or as a colonel or above in a
military police unit, criminal investigation unit, or a similar
military law enforcement function. USMS officials stated that this
experience helps ensure that U.S. Marshals can effectively and
efficiently manage the district offices. USMS did not consider
positions in security or as prosecutors to be command-level experience.
Of the 83 U.S. Marshals, USMS documentation showed that 64 possessed
the suggested minimum characteristic of college-level academic
experience, while 19 did not. USMS defined college-level academic
experience to be, at a minimum, a 2-year college degree.
Table 1: USMS Documentation Showing the Extent to Which the 83 U.S.
Marshals[Footnote 9] Appointed as of January 1, 2009, Had the Suggested
Minimum Characteristics Included in the Act[Footnote 10]
Categories: U.S. Marshals who met the suggested characteristic;
Minimum of 4 years of command-level experience[A]: 54;
College-level academic experience: 64;
Experience in coordinating with other law enforcement agencies[B]: 45;
Experience with court systems and protecting court personnel[C]: 26.
Categories: U.S. Marshals who did not meet the suggested
characteristic;
Minimum of 4 years of command-level experience[A]: 28;
College-level academic experience: 19;
Experience in coordinating with other law enforcement agencies[B]: 0;
Experience with court systems and protecting court personnel[C]: 0.
Categories: U.S. Marshals for whom documentation was not available to
determine whether they met the suggested characteristic;
Minimum of 4 years of command-level experience[A]: 1;
College-level academic experience: 0;
Experience in coordinating with other law enforcement agencies[B]: 38;
Experience with court systems and protecting court personnel[C]: 57.
Categories: Total U.S. Marshals;
Minimum of 4 years of command-level experience[A]: 83;
College-level academic experience: 83;
Experience in coordinating with other law enforcement agencies[B]: 83;
Experience with court systems and protecting court personnel[C]: 83.
Source: GAO analysis; USMS information.
Note:
[A] A minimum of 4 years of command-level law enforcement management
duties, including personnel, budget, and accountable property issues,
in a police department, sheriff's office or Federal law enforcement
agency.
[B] Experience in coordinating with other law enforcement agencies,
particularly at the State and local level:
[C] Experience in or with county, State, and Federal court systems or
experience with protection of court personnel, jurors, and witnesses.
[End of table]
Further, regarding experience in coordinating with other law
enforcement agencies, USMS documentation showed that 45 of the 83 U.S.
Marshals possessed this suggested characteristic, while 38 had
insufficient documentation in the file to determine whether they
possessed this characteristic. USMS determined whether the U.S.
Marshals had this characteristic based on documentation in USMS files
indicating that the U.S. Marshals had been employed at a law
enforcement agency and had experience in working with other law
enforcement agencies, such as being a member of a task force that
included other law enforcement agencies.
Finally, of the 83 U.S. Marshals, USMS documentation showed that 26
possessed the suggested characteristic of experience with court
security and protection, while 57 had insufficient documentation in the
file to make a determination. For those U.S. Marshals with
documentation in their files, USMS determined that experience with
court security and protection included providing security for judges,
prosecutors, witnesses, prisoners, court personnel, and courthouses.
USMS officials said that they do not consider experience testifying in
court, obtaining an arrest warrant, providing support to a prosecutor,
or being involved in a legal action to qualify as experience in
coordinating with other law enforcement agencies.
U.S. Marshals Had Similar Prior Law Enforcement Experience but Less
Diversity and College-Level Experience Than Senior Field Supervisors in
Other Federal Law Enforcement Agencies:
While U.S. Marshals and senior field supervisors at selected federal
law enforcement agencies had similar amounts of law enforcement
experience before they were appointed or assigned to their position,
there was a smaller proportion of U.S. Marshals with prior federal law
enforcement experience than the senior field supervisors at other
federal law enforcement agencies. Also, the U.S. Marshals had less
diversity and education than their counterparts at other law
enforcement agencies. The U.S. Marshals had an average of 25 years
prior law enforcement experience, as shown in table 2. Similarly,
supervisors from the other six federal law enforcement agencies
averaged between 20 and 24 years of prior law enforcement experience.
Further, U.S. Marshals had an average of 10 years of prior supervisory
law enforcement experience, compared to senior field supervisors at the
other six federal law enforcement agencies who ranged from 6 to 12
years of prior supervisory law enforcement experience.
Table 2: Comparison of U.S. Marshals' Experience to That of Senior
Field Supervisors at ATF, DEA, FBI, ICE-DRO, ICE-OI, and USSS:
Total number of senior field supervisors[B]:
Federal law enforcement agencies: USMS[A]: 83;
Federal law enforcement agencies: ATF: 25;
Federal law enforcement agencies: DEA: 20;
Federal law enforcement agencies: FBI: 65;
Federal law enforcement agencies: ICE-DRO: 22;
Federal law enforcement agencies: ICE-OI: 24;
Federal law enforcement agencies: USSS: 41.
Average years of prior law enforcement experience;
Federal law enforcement agencies: USMS[A]: 25;
Federal law enforcement agencies: ATF: 20;
Federal law enforcement agencies: DEA: 24;
Federal law enforcement agencies: FBI: 21;
Federal law enforcement agencies: ICE-DRO: 23;
Federal law enforcement agencies: ICE-OI: 22;
Federal law enforcement agencies: USSS: 20.
Average years of prior supervisory law enforcement experience
Federal law enforcement agencies: USMS[A]: 10;
Federal law enforcement agencies: ATF: 9;
Federal law enforcement agencies: DEA: 9;
Federal law enforcement agencies: FBI: 12;
Federal law enforcement agencies: ICE-DRO: 12;
Federal law enforcement agencies: ICE-OI: 9;
Federal law enforcement agencies: USSS: 6.
Number of senior field supervisors with prior law enforcement
experience[C]: Within agency;
Federal law enforcement agencies: USMS[A]: 21;
Federal law enforcement agencies: ATF: 25;
Federal law enforcement agencies: DEA: 20;
Federal law enforcement agencies: FBI: 65;
Federal law enforcement agencies: ICE-DRO: 22;
Federal law enforcement agencies: ICE-OI: 23;
Federal law enforcement agencies: USSS: 41.
Number of senior field supervisors with prior law enforcement
experience[C]: With other federal agency;
Federal law enforcement agencies: USMS[A]: 19;
Federal law enforcement agencies: ATF: 7;
Federal law enforcement agencies: DEA: 0;
Federal law enforcement agencies: FBI: 0;
Federal law enforcement agencies: ICE-DRO: 13;
Federal law enforcement agencies: ICE-OI: 7;
Federal law enforcement agencies: USSS: 4.
Number of senior field supervisors with prior law enforcement
experience[C]: With state, local, and county agencies;
Federal law enforcement agencies: USMS[A]: 62;
Federal law enforcement agencies: ATF: 7;
Federal law enforcement agencies: DEA: 0;
Federal law enforcement agencies: FBI: 0;
Federal law enforcement agencies: ICE-DRO: 7;
Federal law enforcement agencies: ICE-OI: 6;
Federal law enforcement agencies: USSS: 0.
Number of senior field supervisors with prior supervisory law
enforcement experience: None;
Federal law enforcement agencies: USMS[A]: 25;
Federal law enforcement agencies: ATF: 0;
Federal law enforcement agencies: DEA: 0;
Federal law enforcement agencies: FBI: 0;
Federal law enforcement agencies: ICE-DRO: 0;
Federal law enforcement agencies: ICE-OI: 0;
Federal law enforcement agencies: USSS: 0[D].
Number of senior field supervisors with prior supervisory law
enforcement experience: 1 year to 4 years;
Federal law enforcement agencies: USMS[A]: 2;
Federal law enforcement agencies: ATF: 0;
Federal law enforcement agencies: DEA: 0;
Federal law enforcement agencies: FBI: 0;
Federal law enforcement agencies: ICE-DRO: 2;
Federal law enforcement agencies: ICE-OI: 3;
Federal law enforcement agencies: USSS: 10.
Number of senior field supervisors with prior supervisory law
enforcement experience: 5 years or more;
Federal law enforcement agencies: USMS[A]: 55;
Federal law enforcement agencies: ATF: 25;
Federal law enforcement agencies: DEA: 20;
Federal law enforcement agencies: FBI: 65;
Federal law enforcement agencies: ICE-DRO: 20;
Federal law enforcement agencies: ICE-OI: 21;
Federal law enforcement agencies: USSS: 31.
Sources: GAO analysis; U.S. Marshals Service (USMS); Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF); Drug Enforcement Administration
(DEA); Federal Bureau of Investigation (FBI); Immigration and Customs
Enforcement (ICE)--Office of Detention and Removal Operations (DRO);
ICE--Office of Investigations (OI); and U.S. Secret Service (USSS)
information.
Note:
[A] USMS officials reported that prior supervisory law enforcement
experience data were not available for one U.S. Marshal.
[B] The number of vacant positions is not included in the total number
of senior field office supervisors for the respective federal law
enforcement agencies. These data reflect the number of senior field
office supervisors assigned as of May 1, 2009. Enclosure I provides the
total number of field office supervisor positions assigned to each of
the selected law enforcement agencies.
[C] Some of the senior field supervisors may have obtained prior law
enforcement experience at more than one federal, state, local, or
county law enforcement agency before they were appointed or assigned to
their position. Therefore, each of the senior field supervisors may be
included in more than one prior law enforcement experience category.
[D] USSS officials reported that data on the number of senior field
supervisors with prior supervisory law enforcement experience with
state, local, and county agencies were not available.
[End of table]
There were more U.S. Marshals with prior law enforcement experience at
the state, local, or county levels than their counterparts at the other
federal law enforcement agencies. While available data showed that 62
out of the 83 (75 percent) U.S. Marshals had experience at the state,
local, or county levels, none of the senior field supervisors at three
federal law enforcement agencies had experience at the state, local, or
county levels. However, virtually all (196 of 197) of the senior field
supervisors from the other six federal law enforcement agencies had
experience within their respective agencies before they were assigned
as senior field supervisors. Further, 25 out of the 82[Footnote 11] (30
percent) U.S. Marshals had no years of prior supervisory law
enforcement experience before they were appointed to the position,
unlike all of the senior field supervisors from the other six federal
law enforcement agencies, who had prior supervisory law enforcement
experience. Senior field supervisors from three of the six other
federal law enforcement agencies--ATF, DEA, and FBI--all had at least 5
years of prior supervisory law enforcement experience before becoming
senior field supervisors.
USMS data show that a higher proportion of its senior field supervisors
were males compared to senior field supervisors in the six other
federal law enforcement agencies, as shown in table 3. While the
majority of senior field supervisors at all seven federal law
enforcement agencies were male, USMS had the highest percentage--98
percent (81 of the 83 U.S. Marshals). The percentage of senior field
supervisors who were male at the other federal law enforcement agencies
ranged from 82 percent (53 out of 65 at FBI) to 96 percent (23 out of
24 at ICE-OI). Additionally, the U.S. Marshals had the highest rate of
Caucasians at 83 percent (69 out of 83), whereas the percentage of
senior field supervisors who were Caucasian at the six other federal
law enforcement agencies ranged from 64 percent (16 out of 25 at ATF)
to 82 percent (18 out of 22 at ICE-DRO). The percentage of American
Indians, Asian Americans, and Hispanics at USMS was within the range of
the other federal law enforcement agencies. However, USMS had a smaller
percentage of African Americans, 7 percent (6 out of 83), compared to
the six other federal law enforcement agencies which ranged from 10
percent (2 out of 20 at DEA) to 16 percent (4 out of 25 at ATF).
Finally, and as highlighted in table 3, most (67 percent) U.S. Marshals
had obtained a bachelor or advanced degree. In fact, the percentage of
U.S. Marshals who had obtained at least a bachelor degree was slightly
higher than the percentage of senior field supervisors at one agency
(67 percent for USMS compared to 64 percent for ICE-DRO), but lower
than the percentage of senior field supervisors at the other five
federal law enforcement agencies. However, unlike the U.S. Marshals,
senior field supervisors in four of the five remaining federal law
enforcement agencies all had obtained at least a bachelor
degree.[Footnote 12] Finally, the range of education for the U.S.
Marshals was greater than that of the senior field supervisors at the
other federal law enforcement agencies. Seventeen percent (14 out of
83) of U.S. Marshals' highest level of education was high school,
whereas senior field supervisors at the other six federal law
enforcement agencies all had at least some college experience. Table 3
shows the demographic information of U.S. Marshals and senior field
supervisors at the six selected federal law enforcement agencies.
Table 3: Comparison of U.S. Marshals' Education, Race, and Gender to
That of Senior Field Supervisors in ATF, DEA, FBI, ICE-DRO, ICE-OI, and
USSS:
Total number of senior field supervisors[A];
Federal law enforcement agencies: USMS: 83;
Federal law enforcement agencies: ATF: 25;
Federal law enforcement agencies: DEA: 20;
Federal law enforcement agencies: FBI: 65;
Federal law enforcement agencies: ICE-DRO: 22;
Federal law enforcement agencies: ICE-OI: 24;
Federal law enforcement agencies: USSS: 41.
Gender: Female;
Federal law enforcement agencies: USMS: 2;
Federal law enforcement agencies: ATF: 2;
Federal law enforcement agencies: DEA: 2;
Federal law enforcement agencies: FBI: 12;
Federal law enforcement agencies: ICE-DRO: 3;
Federal law enforcement agencies: ICE-OI: 1;
Federal law enforcement agencies: USSS: 4.
Gender: Male;
Federal law enforcement agencies: USMS: 81;
Federal law enforcement agencies: ATF: 23;
Federal law enforcement agencies: DEA: 18;
Federal law enforcement agencies: FBI: 53;
Federal law enforcement agencies: ICE-DRO: 19;
Federal law enforcement agencies: ICE-OI: 23;
Federal law enforcement agencies: USSS: 37.
Race/ethnicity: African American;
Federal law enforcement agencies: USMS: 6;
Federal law enforcement agencies: ATF: 4;
Federal law enforcement agencies: DEA: 2;
Federal law enforcement agencies: FBI: 10;
Federal law enforcement agencies: ICE-DRO: 3;
Federal law enforcement agencies: ICE-OI: 2;
Federal law enforcement agencies: USSS: 6.
Race/ethnicity: American Indian;
Federal law enforcement agencies: USMS: 0;
Federal law enforcement agencies: ATF: 1;
Federal law enforcement agencies: DEA: 0;
Federal law enforcement agencies: FBI: 0;
Federal law enforcement agencies: ICE-DRO: 0;
Federal law enforcement agencies: ICE-OI: 0;
Federal law enforcement agencies: USSS: 1.
Race/ethnicity: Asian American;
Federal law enforcement agencies: USMS: 1;
Federal law enforcement agencies: ATF: 0;
Federal law enforcement agencies: DEA: 0;
Federal law enforcement agencies: FBI: 3;
Federal law enforcement agencies: ICE-DRO: 0;
Federal law enforcement agencies: ICE-OI: 1;
Federal law enforcement agencies: USSS: 1.
Race/ethnicity: Caucasian;
Federal law enforcement agencies: USMS: 69;
Federal law enforcement agencies: ATF: 16;
Federal law enforcement agencies: DEA: 14;
Federal law enforcement agencies: FBI: 45;
Federal law enforcement agencies: ICE-DRO: 18;
Federal law enforcement agencies: ICE-OI: 18;
Federal law enforcement agencies: USSS: 32.
Race/ethnicity: Hispanic;
Federal law enforcement agencies: USMS: 7;
Federal law enforcement agencies: ATF: 4;
Federal law enforcement agencies: DEA: 4;
Federal law enforcement agencies: FBI: 7;
Federal law enforcement agencies: ICE-DRO: 1;
Federal law enforcement agencies: ICE-OI: 3;
Federal law enforcement agencies: USSS: 1.
Highest level of education: High school diploma;
Federal law enforcement agencies: USMS: 14;
Federal law enforcement agencies: ATF: 0;
Federal law enforcement agencies: DEA: 0;
Federal law enforcement agencies: FBI: 0;
Federal law enforcement agencies: ICE-DRO: 0;
Federal law enforcement agencies: ICE-OI: 0;
Federal law enforcement agencies: USSS: 0.
Highest level of education: Some college;
Federal law enforcement agencies: USMS: 5;
Federal law enforcement agencies: ATF: 0;
Federal law enforcement agencies: DEA: 0;
Federal law enforcement agencies: FBI: 0;
Federal law enforcement agencies: ICE-DRO: 6;
Federal law enforcement agencies: ICE-OI: 2;
Federal law enforcement agencies: USSS: 0.
Highest level of education: Associate's degree;
Federal law enforcement agencies: USMS: 8;
Federal law enforcement agencies: ATF: 0;
Federal law enforcement agencies: DEA: 0;
Federal law enforcement agencies: FBI: 0;
Federal law enforcement agencies: ICE-DRO: 2;
Federal law enforcement agencies: ICE-OI: 0;
Federal law enforcement agencies: USSS: 0.
Highest level of education: Bachelor's degree;
Federal law enforcement agencies: USMS: 37;
Federal law enforcement agencies: ATF: 17;
Federal law enforcement agencies: DEA: 16;
Federal law enforcement agencies: FBI: 35;
Federal law enforcement agencies: ICE-DRO: 10;
Federal law enforcement agencies: ICE-OI: 15;
Federal law enforcement agencies: USSS: 34.
Highest level of education: Advanced degree;
Federal law enforcement agencies: USMS: 19;
Federal law enforcement agencies: ATF: 8;
Federal law enforcement agencies: DEA: 4;
Federal law enforcement agencies: FBI: 30;
Federal law enforcement agencies: ICE-DRO: 4;
Federal law enforcement agencies: ICE-OI: 7;
Federal law enforcement agencies: USSS: 7.
Sources: GAO analysis; U.S. Marshals Service (USMS); Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF); Drug Enforcement Administration
(DEA); Federal Bureau of Investigation (FBI); Immigration and Customs
Enforcement (ICE)--Office of Detention and Removal Operations (DRO);
ICE--Office of Investigations (OI); and U.S. Secret Service (USSS)
information.
Note:
[A] The number of vacant positions is not included in the total number
of senior field office supervisors for the respective federal law
enforcement agencies. These data reflect the number of senior field
office supervisors assigned as of May 1, 2009. Enclosure I provides the
total number of field office supervisor positions assigned to each of
the selected law enforcement agencies.
[End of table]
Agency Comments and Our Evaluation:
We provided a draft of this report to the Attorney General, the
Secretary of Homeland Security, USMS, ATF, DEA, FBI, ICE-DRO, ICE-OI,
and USSS for review and comment. These agencies did not provide written
comments to include in our report. However, in emails received in
October 2009, the liaisons for DOJ, DHS, USMS, ATF, and FBI said that
these agencies had no comments on the findings in the report. The USMS,
DEA, and USSS provided technical comments, which we incorporated into
the report as appropriate.
We are sending copies of this report to interested congressional
committees, the Attorney General, the Secretary of Homeland Security,
and other interested parties. This report will also be available at no
charge on GAO's Web site at [hyperlink, http://www.gao.gov].
If you or your staff have any questions about this report, please
contact me at (202) 512-4379 or lords@gao.gov. Contact points for our
Offices of Congressional Relations and Public Affairs may be found on
the last page of this report. Glenn Davis, Assistant Director, and
Frederick Lyles, Jr., Analyst-in-Charge, managed this assignment.
Jeremy Manion and Lisa Shibata made significant contributions to this
report. James Ashley and Stanley Kostyla assisted with design and
methodology. Tracey King provided legal support. Lara Kaskie provided
assistance in report preparation. John Cooney and Ramon Rodriguez
provided assistance related to law enforcement issues.
Sincerely yours,
Signed by:
Stephen Lord:
Director, Homeland Security and Justice Issues:
Enclosure:
[End of section]
Enclsoure I: Agency Names, Titles, Number of Positions, and
Responsibilities and Duties for U.S. Marshals and Senior Field
Supervisors at Selected Federal Law Enforcement Agencies:
Table 4:
Agency: U.S. Marshals Service (USMS);
Title of senior field office supervisor: U.S. Marshal;
Total number of senior field office positions: 94;
Summary of responsibilities and duties: (1) Leads a USMS district
office; (2) protects the judicial process by ensuring the safe and
secure conduct of judicial proceedings and protecting federal judges,
jurors and other members of the federal judiciary; (3) executes federal
court orders; (4) supervises investigations involving the apprehension
of federal fugitives; (5) provides emergency and tactical support
services in response to emergencies, disasters, homeland security
incidents, and at times of heightened law enforcement; (6) provides for
the safe and secure housing and transportation of federal prisoners
while in USMS custody; and (7) maintains and disposes of property
seized and forfeited to the federal government.
Agency: Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF);
Title of senior field office supervisor: Special Agent in Charge;
Total number of senior field office positions: 25;
Summary of responsibilities and duties: (1) Manages a major field
division of ATF, and exercises executive responsibility for the
enforcement of federal alcohol, tobacco, firearms, explosives, and
arson laws and regulations; (2) plans, directs, implements, and
evaluates comprehensive law enforcement and regulatory programs; (3)
manages all administrative and program matters, including budget
formulation, allocation of human and material resources, implementation
of technological solutions, and related matters; (4) serves as the ATF
representative to law enforcement organizations, industry groups,
political and community groups, the media, and the public; and (5)
coordinates with other field special agents in charge and ATF
headquarters officials.
Agency: Drug Enforcement Administration (DEA);
Title of senior field office supervisor: Special Agent in Charge;
Total number of senior field office positions: 21;
Summary of responsibilities and duties: (1) Implements and directs
programs designed to perform criminal investigations, and cooperates
with other law enforcement agencies in their investigations when
feasible; (2) conducts audits and on-site inspections of pharmaceutical
companies to determine possible diversion of controlled drugs from
legitimate commerce; (3) provides training for law enforcement
officials to improve drug law enforcement; (4) conducts education
programs for regulated industry officials and local groups to
discourage illegal drug activities; (5) compiles intelligence data on
narcotic activities for DEA use and coordination; and (6) represents
DEA within the area.
Agency: Federal Bureau of Investigation (FBI);
Title of senior field office supervisor: Special Agent in Charge;
Total number of senior field office positions: 65;
Summary of responsibilities and duties: (1) Oversees operations at
field office level; (2) maintains responsibility for all
counterterrorism, intelligence, and investigative operations; (3)
protects the United States from terrorist and foreign intelligence
activity, combats criminal activity, preserves civil liberties and
provides leadership, intelligence and law enforcement assistance to
other law enforcement partners; and (4) streamlines administrative and
operational processes, improves internal communications, maximizes
organizational collaboration, and appropriately executes finance and
budget planning to achieve management excellence.
Agency: Immigration and Customs Enforcement (ICE)--Office of Detention
and Removal Operations (DRO);
Title of senior field office supervisor: Field Office Director;
Total number of senior field office positions: 24;
Summary of responsibilities and duties: (1) Provides adequate and
appropriate custody management to support removals, to facilitate the
processing of illegal aliens through the immigration court, and to
enforce their departure from the United States, including identifying
and removing all high-risk illegal alien fugitives and absconders,
ensuring that those aliens who have already been identified as
criminals are expeditiously removed, and developing and maintaining a
robust removals program with the capacity to remove all final order
cases issued annually, thus precluding growth in the illegal alien
absconder populations; and (2) plans, directs, manages, and coordinates
operations and functions relating to the apprehension, transportation,
and detention of aliens ordered removed execution of final orders of
deportation and serves as the liaison with departmental, interagency,
and community partners on DRO matters.
Agency: ICE--Office of Investigations (OI);
Title of senior field office supervisor: Special Agent in Charge;
Total number of senior field office positions: 26;
Summary of responsibilities and duties: (1) Maintains responsibility
for a geographical area consisting of multiple jurisdictions;
(2) manages the day-to-day programs, operations, and staff, including
immigration and customs-related criminal investigations; (3) oversees
the investigation of issues including terrorism, criminal financing,
export enforcement, money laundering, human trafficking, anti-
smuggling, contraband, and fraud; (4) regularly briefs and advises
supervisor concerning all investigative matters; (5) cooperates with
other officials in the assigned area in resolving matters crossing
organizational lines; and (6) works with civic organizations.
Agency: U.S. Secret Service (USSS);
Title of senior field office supervisor: Special Agent in Charge;
Total number of senior field office positions: 42;
Summary of responsibilities and duties: (1) Controls, directs, and
coordinates the work of professional, technical, and administrative
support personnel engaged in carrying out the various law enforcement,
investigative, and protective programs of the USSS; (2) develops,
reviews, and evaluates present and proposed policies, programs,
procedures, and operations of assigned USSS areas; conceives, develops,
and revises procedures and work methods to provide the most efficient
accomplishment of assigned areas of responsibility; conducts
comprehensive and continuing evaluations of the effectiveness and
adequacy of program operations; establishes and maintains liaison and
coordination with senior officials of the Secret Service and other law
enforcement organizations on program and policy matters; and recommends
changes in assigned day-to-day programs and operations to accommodate
the specific needs and requirements of the employees and the USSS.
Sources: GAO analysis; USMS, ATF, DEA, FBI, ICE-DRO, ICE-OI, and USSS
information.
[End of table]
[End of section]
Footnotes:
[1] The President appoints U.S. Marshals to each of the 94 federal
judicial districts, except that the U.S. Marshal of the U.S. Virgin
Islands is appointed by the Attorney General. However, the U.S. Marshal
appointed for the Northern Mariana Islands may at the same time serve
as U.S. Marshal in another federal judicial district.
[2] U.S. Marshals were placed in federal judicial districts when the
positions were created by the first Congress in the Judiciary Act of
1789.
[3] Pub. L. No. 109-177, § 505, 120 Stat. 192, 247 (2006) (codified at
28 U.S.C.§ 561(i)). The act was enacted on March 9, 2006.
[4] GAO, Appointment and Qualifications of U.S. Marshals, [hyperlink,
http://www.gao.gov/products/GAO-03-499R] (Washington, D.C.: Apr. 2,
2003).
[5] The three selected federal law enforcement agencies were the Bureau
of Alcohol, Tobacco, Firearms and Explosives; Drug Enforcement
Administration; and Internal Revenue Service-Criminal Investigation.
[6] The remaining 11 U.S. Marshal positions were vacant as of January
1, 2009.
[7] U.S. Office of Personnel Management, Handbook of Occupational
Groups and Families, (Washington, D.C., January 2008).
[8] There was no documentation in the file for one U.S. Marshal. The
law does not require the USMS to obtain or retain information in its
files related to whether the U.S. Marshals meet the four suggested
minimum characteristics.
[9] One U.S. Marshal serves in each of the 94 federal judicial
districts; however, we only reported results for 83 positions since we
did not include 11 vacant positions in our analysis.
[10] Section 505 of the USA PATRIOT Improvement and Reauthorization Act
of 2005.
[11] USMS officials reported that prior supervisory law enforcement
experience data were not available for one U.S. Marshal.
[12] At the remaining federal law enforcement agency, ICE-OI, the
percentage of senior field supervisors who had obtained at least a
bachelor degree was 92 percent (22 out of 24).
[End of section]
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