United States General Accounting Office

GAO Report to the Chairman, Subcommittee

on Crime, Committee on the Judiciary,

House of Representatives

July 1997 FEDERAL LAW

ENFORCEMENT

Investigative Authority

and Personnel at 32

Organizations

GAO/GGD-97-93

GAO United States

General Accounting Office

Washington, D.C. 20548

General Government Division

B-275221 

July 22, 1997

The Honorable Bill McCollum

Chairman, Subcommittee on Crime

Committee on the Judiciary

House of Representatives

Dear Mr. Chairman:

This report responds to your September 18, 1995, request that we provide

information on federal law enforcement investigative personnel and

authority. In meetings with your office, we agreed to conduct our work in

three parts. First, in a November 15, 1995, testimony before your

Subcommittee,1

 we provided information on the organizations authorized

to investigate suspected criminal violations of federal law, the number of

investigative personnel employed by those organizations and their related

salary costs, and previous information we had developed on jurisdictional

overlap. Second, in a report dated September 30, 1996,2

 we provided

additional information on the federal organizations that employed 700 or

more law enforcement investigative personnel.

This report is the third and final in the series, and it provides information

on federal organizations identified in our November 1995 testimony as

employing from 25 to 699 law enforcement investigative personnel.

Specifically, we provide information on (1) the types of violations that

these organizations investigate; (2) the authorities under which these

organizations investigate suspected federal criminal law violations,

execute search warrants, make arrests, and/or carry firearms; (3) the

number of law enforcement investigative personnel in these organizations

as of September 30, 1996, and the number of these personnel who were

authorized to execute search warrants, make arrests, and/or carry

firearms; and (4) how the number of law enforcement investigative

personnel in these organizations has changed since the end of fiscal year

1987.

Background The growth of federal law enforcement has been evolutionary. In 1789, the

position of the U.S. Marshal and the U.S. Customs Service were created.

Since then, additional law enforcement organizations have been

1

Federal Law Enforcement: Information on Certain Agencies’ Criminal Investigative Personnel and

Salary Costs (GAO/T-GGD-96-38, Nov. 15, 1995).

2

Federal Law Enforcement: Investigative Authority and Personnel at 13 Agencies (GAO/GGD-96-154,

Sept. 30, 1996).

Page 1 GAO/GGD-97-93 Investigative Authority and Personnel
B-275221 

established in response to new laws and expanding jurisdictions for

federal officers. For example, the Federal Bureau of Investigation was

created in 1908 to be the investigative force of the Department of Justice.

The Internal Revenue Service’s criminal investigators were established in

1919 in the Bureau of Internal Revenue. More recently, in the 1970s, the

Bureau of Alcohol, Tobacco and Firearms; the Drug Enforcement

Administration; and the criminal investigators of the Offices of Inspector

General (OIG) were added to the ranks of federal law enforcement.

In our September 1996 report, we provided information on the 13

organizations that employed 700 or more law enforcement investigative

personnel. Ten of these organizations employed 38,739 law enforcement

investigative personnel (over 90 percent of the law enforcement

investigative personnel identified in our November 1995 testimony). This

report provides information on an additional 32 federal organizations that

employed about 9 percent of the law enforcement investigative personnel

identified in our 1995 testimony.

Results in Brief We analyzed data maintained by the U.S. Office of Personnel Management

(OPM) in its Central Personnel Data File (CPDF) and surveyed federal

organizations employing from 25 to 699 law enforcement investigative

personnel. On the basis of this information, we determined that employees

meeting our definition of law enforcement investigative personnel were

located in 32 organizations. Twenty of these federal organizations are OIGs,

whose responsibilities include criminal investigations. The remaining 12

federal organizations are responsible for investigating a variety of criminal

violations. These 32 organizations reported that they investigate a variety

of suspected criminal violations, ranging from food stamp trafficking to

Social Security fraud, and that they derive their authority primarily from

statutory provisions set out in the U.S. Code.

In addition, the 32 organizations reported that at the end of fiscal year

1996, they employed 4,262 law enforcement investigative personnel. Of

these law enforcement investigative personnel, they reported that 4,007

(about 94 percent) were authorized to execute search warrants, make

arrests, and carry firearms.

Between the ends of fiscal years 1987 and 1996, CPDF data show the

number of law enforcement investigative personnel at the 32 organizations

increased about 70 percent, overall. Most of this increase was caused by

growth in the numbers of law enforcement investigative personnel at 18 of

Page 2 GAO/GGD-97-93 Investigative Authority and Personnel
B-275221 

the organizations. Also, some of the increase was caused by the

establishment of four of the federal organizations after fiscal year 1987.

The remainder of the increase was the result of changes that caused

personnel in four existing organizations to meet our criteria for inclusion

after fiscal year 1987. Specifically, in three of these four organizations, the

increase occurred because some existing employees became covered by

the law enforcement retirement system. The fourth organization

reclassified the positions of its existing employees into one of the

investigative occupational series used in this report.

Scope and

Methodology

Our 1996 report focused on those federal organizations employing at least

700 law enforcement investigative personnel. For this report, you

requested that we gather comparable information for those federal

organizations identified in the March 31, 1995, CPDF as employing from 25

to 699 law enforcement investigative personnel.3

 In total, there were 32

such federal organizations, which are listed in appendix I.

Consistent with our previous work, we defined “law enforcement

investigative personnel” as those personnel employed in occupational

series that significantly involve investigative work and that meet the

definition of “law enforcement officer” in section 5541(3) of Title 5 of the

U.S. Code for the purposes of certain premium pay provisions.4

To obtain information on the types of criminal violations that the

organizations investigated, the organizations’ investigative authority, and

the authority of the organizations’ law enforcement investigative personnel

to execute search warrants, make arrests, and/or carry firearms, we

administered a survey to the 32 organizations. We also used the survey to

obtain 1996 fiscal year-end data on the number of law enforcement

3

The Subcommittee also requested that we report on agency organizations that in the aggregate

employ 25 or more law enforcement investigative personnel. Department of the Navy organizations

appeared to meet this criterion on the basis of CPDF data used in our November 1995 testimony.

However, according to an official at Navy, the Navy organizations had erroneously coded the data

reported to OPM, resulting in an overstatement of the number of Navy law enforcement investigative

personnel. Because the actual total of its law enforcement investigative personnel was fewer than 25,

we excluded the Navy organizations from this report. (The Naval Criminal Investigative Service was

included in our Sept. 1996 report.)

4

For the purposes of certain premium pay provisions, section 5541(3) of Title 5 provides that the term

“law enforcement officer” means an employee who meets the definition of “law enforcement officer”

under the retirement provisions of section 8331(20) or 8401(17) of Title 5. In addition, the section

5541(3) definition also includes an employee who is not subject to such retirement provisions but

holds a position that OPM determines would satisfy certain statutory criteria. Certain employees

serving in supervisory or administrative law enforcement positions, but who are not covered by the

law enforcement retirement provisions (because they did not transfer directly to those jobs from a

federal primary law enforcement position), were not included within the scope of our survey.

Page 3 GAO/GGD-97-93 Investigative Authority and Personnel
B-275221 

investigative personnel who were employed by these organizations and

authorized to perform certain law enforcement functions. We reviewed the

organizations’ survey responses for completeness and consistency.

We used CPDF data, and also organization data for Labor’s Office of Labor

Management Standards and the Air Force’s Office of Special Investigations

(end of fiscal year 1991 only), to determine how the number of law

enforcement investigative personnel in the 32 organizations had changed

since fiscal year 1987. We used CPDF data from the ends of fiscal years

1987, 1991, 1995, and 1996.5

 We focused our analysis on these fiscal years

because consistent CPDF data were not readily available before fiscal year

1987, we wanted the data we used to be consistent with our previous

work, and we wanted to obtain the most recent data available.

In addition to the 32 organizations reviewed for this report, we also

obtained September 30, 1996, CPDF data for the 13 organizations reviewed

in our September 1996 report. We obtained these data to update our 1996

report. These 13 organizations employed about 45,400 law enforcement

investigative personnel as of September 30, 1996. (See app. VI.)

We did not independently verify the accuracy of the information provided

by the organizations or obtained from the CPDF. However, we discussed

with organization officials the discrepancies between the September 30,

1996, CPDF data and the September 30, 1996, data provided by the

organizations. We were able to resolve most of the discrepancies, but the

remaining differences accounted for about 1 percent of the total number

of personnel.

We did our work between October 1996 and May 1997 in Washington, D.C.,

in accordance with generally accepted government auditing standards. We

discussed the contents of this report with officials from each of the

organizations listed in appendix I. We requested comments on a draft of

this report from the Director of OPM or his designee. OPM’s comments are

discussed at the end of this report.

5

These data were obtained directly from Labor’s Office of Labor Management Standards and the Air

Force’s Office of Special Investigations (end of fiscal year 1991 only) because, according to

organization officials, reliable data had not been reported to OPM.

Page 4 GAO/GGD-97-93 Investigative Authority and Personnel
B-275221 

Types of Suspected

Violations

Investigated by

Federal Organizations

and Their Law

Enforcement

Authorities

Each of the 32 organizations we surveyed reported it has a designated law

enforcement mission and is responsible for investigating a variety of

suspected criminal violations (see app. II). Each organization’s

investigative authority, as well as the authority of its personnel to execute

search warrants, make arrests, and/or carry firearms, is generally derived

from statute (see app. III). Their criminal investigative authorities are

generally implemented through regulations, policies, or interagency

agreements.

Twenty of the 32 organizations are OIGs whose responsibilities include

criminal investigative functions. For example, the Department of

Agriculture’s (USDA) OIG reported it investigates criminal activity and

significant abuse within USDA’s 300 programs. These activities and abuses

range from food stamp trafficking and food safety violations to assault,

bribery, and conflicts of interest involving USDA employees.

The remaining 12 organizations reported they are responsible for

investigating a variety of criminal violations. For example:

• The Bureau of Indian Affairs’ Office of Law Enforcement investigates

crimes committed on or involving Indian country.

• Labor’s Office of Labor Management Standards principally investigates

criminal violations of the Labor-Management Disclosure Act, including

union funds embezzlement, false reports and records, destruction of

records, labor union trusteeship crimes, illegal loans, and prohibited union

office-holding or employment.

• The Air Force’s Office of Special Investigations investigates offenses

committed by individuals subject to the Uniform Code of Military Justice

(UCMJ). These offenses include the punitive articles of the UCMJ, violations

of federal criminal law, and violations of state laws made applicable to

military members by the Assimilative Crimes Act.

Law Enforcement

Investigative

Personnel Authorized

to Perform Certain

Investigative

Functions

The 32 organizations reported employing a total of 4,262 law enforcement

investigative personnel as of the end of fiscal year 1996. As shown in

appendix IV, the percentage of these personnel authorized to perform the

various law enforcement functions varied by organization. At 20 of the

organizations, all law enforcement investigative personnel were reported

to be authorized to execute search warrants, make arrests, and carry

firearms. However, Labor’s Office of Labor Management Standards

reported that none of its 165 law enforcement investigative personnel was

authorized to perform these functions. In total, about 94 percent (4,007) of

Page 5 GAO/GGD-97-93 Investigative Authority and Personnel
B-275221 

the law enforcement investigative personnel were authorized to execute

search warrants, make arrests, and carry firearms.

Changes in the

Number of Law

Enforcement

Investigative

Personnel Between

Fiscal Years 1987 and

1996

Overall, the number of law enforcement investigative personnel in the 32

federal organizations that met our definition increased between fiscal

years 1987 and 1996. CPDF data, combined with organization data for

Labor’s Office of Labor Management Standards and the Air Force’s Office

of Special Investigations (end of fiscal year 1991 only), showed that as of

September 30, 1996, 4,204 law enforcement investigative personnel were

employed in the organizations, which is about a 70-percent increase over

the 2,471 personnel employed on September 30, 1987.6

Most of this increase was caused by growth in the numbers of law

enforcement investigative personnel at 18 of the organizations (see app.

V). Also, some of the increase was caused by the establishment of the

following four organizations after 1987:

• Justice’s OIG was authorized by Congress in 1988 and established in 1989.

• The Federal Deposit Insurance Corporation’s OIG was established in 1988.

• The Department of Health and Human Services’ Office of Criminal

Investigations, which is within the Department’s Food and Drug

Administration, was established in 1992.

• The Social Security Administration’s OIG was established in 1995.

However, the remainder of the increase was the result of changes that

caused law enforcement investigative personnel in four other federal

organizations to meet our criteria for inclusion after fiscal year 1987. First,

in the Bureau of Land Management’s Law Enforcement, the increase

occurred because some existing employees became covered by the law

enforcement retirement system. Second, in Labor’s Office of Labor

Management Standards, personnel were not covered by the law

enforcement retirement system until 1992. However, according to a Labor

official, before 1992, qualified investigative personnel could apply for such

coverage. Third, in the Department of the Army’s Army Criminal

Investigation Command, coverage under the law enforcement retirement

pay system did not begin until 1993. Finally, in 1994, the U.S. Forest

Service’s Law Enforcement and Investigations reclassified the positions of

its existing law enforcement personnel specifically into law enforcement

investigative positions.

6

This total of 4,204 law enforcement investigative personnel differs from the September 30, 1996, total

reported to us in the surveys completed by the organizations, which was 4,262. The CPDF and survey

data cannot be completely reconciled; however, the data differ by only about 1 percent.

Page 6 GAO/GGD-97-93 Investigative Authority and Personnel
B-275221 

Agency Comments On June 24, 1997, the pay team leader from OPM’s Office of Compensation

Policy provided oral comments on a draft of this report. The official

generally agreed with the information presented in this report and

provided technical comments that we incorporated where appropriate.

We are sending copies of this report to the Ranking Minority Member of

your Subcommittee and the Chairman and Ranking Minority Member of

the Senate Committee on the Judiciary. We will also make copies available

to others on request.

The major contributors to this report are listed in appendix VII. Please give

me a call on (202) 512-3610 if you have any questions about this report.

Sincerely yours,

Norman J. Rabkin

Director, Administration of

 Justice Issues

Page 7 GAO/GGD-97-93 Investigative Authority and Personnel
Contents

Letter 1

Appendix I 

The 32 Selected Law

Enforcement

Organizations

12

Appendix II 

Selected Law

Enforcement

Organizations’

Investigative

Responsibilities

14

Appendix III 

Primary Legal

Authorities Cited by

Selected Law

Enforcement

Organizations as

Enabling Them to

Perform Certain

Investigative

Functions

20

Page 8 GAO/GGD-97-93 Investigative Authority and Personnel
Contents

Appendix IV 

Law Enforcement

Investigative

Personnel in Selected

Organizations

Authorized to Perform

Certain Investigative

Functions as of the

End of Fiscal Year

1996

28

Appendix V 

Law Enforcement

Investigative

Personnel in Selected

Organizations at the

End of Fiscal Years

1987, 1991, 1995, and

1996

31

Page 9 GAO/GGD-97-93 Investigative Authority and Personnel
Contents

Appendix VI 

Law Enforcement

Investigative

Personnel at 13

Federal Organizations

With the Largest

Number of Criminal

Investigative

Personnel, End of

Fiscal Years 1995 and

1996

34

Appendix VII 

Major Contributors to

This Report

35

Abbreviations

AFOSI Air Force Office of Special Investigations

CPDF Central Personnel Data File

DOD Department of Defense

EPA Environmental Protection Agency

FDA Food and Drug Administration

FDIC Federal Deposit Insurance Corporation

GSA General Services Administration

HHS Department of Health and Human Services

HUD Department of Housing and Urban Development

NASA National Aeronautics and Space Administration

OIG Office of Inspector General

OLMS Office of Labor Management Standards

OPM U.S. Office of Personnel Management

SBA Small Business Administration

SSA Social Security Administration

UCMJ Uniform Code of Military Justice

USDA U.S. Department of Agriculture

VA Department of Veterans Affairs

Page 10 GAO/GGD-97-93 Investigative Authority and Personnel
Page 11 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix I 

The 32 Selected Law Enforcement

Organizations

The names of the 32 law enforcement organizations that we surveyed are

listed below:

Department of Agriculture, Office of Inspector General

Department of Agriculture, U.S. Forest Service, Law Enforcement and

Investigations

Department of the Air Force, Air Force Office of Special Investigations

Department of the Army, U.S. Army Criminal Investigation Command

Department of Commerce, Bureau of Export Administration, Office of

Export Enforcement

Department of Commerce, National Oceanic and Atmospheric

Administration, National Marine Fisheries Service, Staff Office for Law

Enforcement

Department of Defense, Office of Inspector General

Department of Education, Office of Inspector General

Department of Energy, Office of Inspector General

Department of Health and Human Services, Food and Drug

Administration, Office of Criminal Investigations

Department of Health and Human Services, Office of Inspector General

Department of Housing and Urban Development, Office of Inspector

General

Department of the Interior, Bureau of Indian Affairs, Office of Law

Enforcement

Department of the Interior, Bureau of Land Management, Law

Enforcement

Department of the Interior, Office of Inspector General

Page 12 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix I 

The 32 Selected Law Enforcement

Organizations

Department of the Interior, U.S. Fish and Wildlife Service, Division of Law

Enforcement

Department of Justice, Office of the Inspector General

Department of Labor, Office of Inspector General

Department of Labor, Office of Labor Management Standards

Department of State, Office of Inspector General

Department of Transportation, Office of Inspector General

Department of the Treasury, Office of Inspector General

Department of Veterans Affairs, Office of Inspector General

Environmental Protection Agency, Office of Criminal Enforcement,

Forensics and Training

Environmental Protection Agency, Office of Inspector General

Federal Deposit Insurance Corporation, Office of Inspector General

General Services Administration, Office of Inspector General

General Services Administration, Public Buildings Service, Federal

Protective Service

National Aeronautics and Space Administration, Office of Inspector

General

Small Business Administration, Office of Inspector General

Social Security Administration, Office of Inspector General

U.S. Railroad Retirement Board, Office of Inspector General

Page 13 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix II 

Selected Law Enforcement Organizations’

Investigative Responsibilities

Law enforcement organization Type of criminal violations investigated

Department of Agriculture (USDA)

U.S. Forest Service, Law

Enforcement and

Investigations

The U.S. Forest Service, Law Enforcement and Investigations, is responsible for

investigating offenses against the United States that occur within or have a nexus to the

National Forest System. The types of investigations and enforcement actions in which the

Forest Service is involved include the following: minor misdemeanor offenses found in

Title 36 of the Code of Federal Regulations and major crimes related to National Forest

System lands, facilities, and activities found in Titles 18 and 21 of the U.S. Code.

Investigations involve wildland fire/arson, timber theft, theft and/or destruction of

archeological resources of a historical or prehistoric nature, destruction of resources,

and contract fraud. Drug enforcement investigations are performed under the authority

of the National Forest System Drug Control Act of 1986, as amended, to detect and

prevent the cultivation and manufacturing of marijuana on National Forest System lands.

Investigations also include other environmental and wildlife crimes, illegal occupancy of

National Forest System lands, theft of natural resources, and threats and assaults

against Forest Service employees.

Office of Inspector General

(OIG)

The USDA OIG investigates criminal activity and significant abuse within the

Department’s 300 different programs. These crimes include the following: food stamp

trafficking (which often involves drug and weapons trafficking and other related illegal

financial activity, such as money laundering); food safety violations, including the

processing, transportation, and sale of adulterated meat and poultry products and

tampering with USDA-inspected food products; USDA farm loan fraud, including theft

and conversion of property owned by or mortgaged to USDA; false certifications and

claims in federal crop insurance, disaster, export and other farm programs; rural housing

violations, such as equity skimming and contractor fraud; assault and bribery of USDA

loan officers and inspectors/graders of meat, grain and other commodities;

embezzlements, thefts, and conflicts of interest involving USDA employees; alteration

and forgery of official documents; conspiracy; and other illegal activities involving USDA

programs and operations. The USDA OIG also provides dignitary protection services to

the Secretary and Deputy Secretary of Agriculture.

Department of the Interior

Bureau of Indian Affairs,

Office of Law Enforcement

The Bureau of Indian Affairs, Office of Law Enforcement has investigative responsibilities

for crimes committed on, or involving, Indian country. These crimes include (1) major

federal crimes under Title 18 U.S.C. §1153 and (2) state crimes assimilated into the

federal statutes under Title 18 U.S.C. §1153 and state crimes assimilated into the federal

statutes under Title 18 U.S.C. §1152, including, but not limited to, murder; manslaughter;

child sexual abuse; kidnapping; rape; assault with a dangerous weapon; assault with

intent to commit murder; assault resulting in serious bodily injury; arson; burglary;

robbery; counterfeiting; embezzlement; organized criminal enterprises affecting gaming

and gambling operations; the production, sale, or distribution of illegal narcotics, drugs,

and marijuana within Indian country; and violations of many other federal statutes when

the offense occurs in Indian country. In many cases, Bureau officials also enforce tribal

laws and ordinances.

U.S. Fish and Wildlife Service,

Division of Law Enforcement

The U.S. Fish and Wildlife Service, Division of Law Enforcement, is responsible for

investigating violations of U.S. wildlife laws. The Service is also responsible for offenses

committed on the National Wildlife Refuge System. The Service investigates offenses

involving federal wildlife laws, environmental crimes, archaeological resource protection,

smuggling, and drug enforcement on Service lands.

(continued)

Page 14 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix II 

Selected Law Enforcement Organizations’

Investigative Responsibilities

Law enforcement organization Type of criminal violations investigated

Bureau of Land Management,

Law Enforcement

The Bureau of Land Management, Law Enforcement, is responsible for the following

types of violations as they relate to federal lands administered by the Bureau:

archaeological resources, wild horses and burros, recreation use fees, cave resources,

fish and wildlife, National Trails use, National Wild and Scenic Rivers use, grazing,

unlawful enclosures, migratory birds, endangered species, bald and golden eagles,

Native American graves, oil and gas leasing, minerals leasing, hazardous materials,

clean water, property theft and vandalism, coal theft, timber theft and damage, wildland

arson and fire prevention, survey interference, land fraud, hazardous devices, marijuana

cultivation and drug labs, subsistence hunting in Alaska, motorized and off-road vehicle

use, recreation restrictions, and various other land use restrictions.

Office of Inspector General The Interior OIG is responsible for investigating bribery, graft, and conflicts of interest;

false claims; conspiracy to defraud; embezzlement and theft; program fraud; false

statements; crimes involving Indians (to include embezzlement and theft from Indian

tribal organizations and thefts from gaming establishments on Indian lands); mail fraud;

wire fraud; racketeering; and other alleged violations of criminal, civil, and administrative

regulations against Interior’s programs and operations.

Department of Defense (DOD),

Office of Inspector General

The DOD OIG is responsible for investigating fraud involving Defense contractors; fraud

in the programs and operations of DOD; and product substitution, health care fraud, cost

mischarging, bribery, corruption, kickbacks, false claims, and false statements.

Department of Labor

Office of Inspector General The Labor OIG has the responsibility to investigate fraud, abuse, and other criminal

activity that involves Labor employees, programs, and operations. This responsibility

includes investigative authority over serious Labor employee integrity and misconduct

matters and other criminal violations that occur within Labor’s contract, grant, and

benefit programs administered by over 24 program agencies. Some of the more

significant Labor programs that receive investigative attention by the Labor OIG include

the Unemployment Insurance Program; the Job Training Partnership Act Program; the

Federal Employees’ Compensation Act Program, with its related Black Lung and

Longshoremen’s compensation benefit programs; and programs administered by the

Occupational Safety and Health Administration. 

The Labor OIG also has the responsibility to investigate traditional and nontraditional

organized crime groups’ labor racketeering activity related to employee health and

welfare benefit plans, labor-management relations, and internal union affairs. This

responsibility includes possible violations of the Employee Retirement Income Security

Act, the Labor Management Reporting and Disclosure Act, and other labor-related

statutes.

Office of Labor Management

Standards

The Office of Labor Management Standards’ principal activity is the investigation of

criminal violations of the Labor-Management Reporting and Disclosure Act, including

union funds embezzlement, false reporting, false records, destruction of records, labor

union trusteeship crimes, failure to bond, illegal loans, and prohibited union

office-holding or employment. In addition, agency investigations often identify related

criminal violations of federal statutes under Title 18 of the United States Code, which are

investigated under authority delegated by U.S. Attorneys.

Department of Health and Human Services (HHS)

Office of Inspector General The HHS OIG is responsible for investigating fraud and other criminal activity in

programs and operations of the Department, including fraud and other criminal activity in

the Medicare and Medicaid programs.

(continued)

Page 15 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix II 

Selected Law Enforcement Organizations’

Investigative Responsibilities

Law enforcement organization Type of criminal violations investigated

Food and Drug Administration

(FDA), Office of Criminal

Investigations

The FDA Office of Criminal Investigations investigates suspected criminal violations of

the Federal Food, Drug and Cosmetic Act; the Public Health Service Act; the Federal

Anti-Tampering Act; and provisions of other laws within the jurisdiction of FDA. These

criminal investigations cover: counterfeit or unapproved prescription drugs; illegal

diversion of prescription pharmaceuticals and other products; unapproved or

misbranded medical devices, drugs, biological products, and veterinary drug products;

crimes relating to the improper manufacturing, labeling, or distribution of drugs, foods,

devices, biological products such as vaccines and blood, and veterinary drug products;

product approval application fraud; clinical investigation fraud; illegal product ingredient

substitution; tampering with consumer products; trafficking in adulterated or misbranded

foods or drugs; hazardous drug residues in food animals; and health care frauds related

to FDA regulated products.

Environmental Protection Agency (EPA)

Office of Criminal Enforcement,

Forensics and Training

The Office of Criminal Enforcement, Forensics and Training is responsible for

investigating alleged criminal violations of EPA-administered environmental protection

statutes. For example, these violations include mishandling of hazardous waste,

unpermitted water pollution, misuse of pesticides, failure to report releases of hazardous

substances, violations of hazardous air pollutant standards, and false statements in

reports made pursuant to requirements in the environmental laws.

Office of Inspector General The EPA OIG is responsible for investigating fraud and other criminal activity in

programs and operations of the Agency. The EPA OIG investigates allegations or

indications of fraud and other criminal activity in EPA programs and operations by EPA

employees and by EPA contractors, subcontractors, assistance recipients, and others

who do business with the Agency. Some of the crimes that the EPA OIG investigates

include false claims, false statements, conflict of interest, bribery of EPA employees,

extortion by EPA employees, obstruction of justice, mail fraud, falsification or forgery of

contractor bids or guarantees, theft of government property, misuse of public funds,

antitrust violations, false personation, and aiding and abetting.

Department of the Air Force, 

Air Force Office of Special Investigations

The Air Force Office of Special Investigations (AFOSI) has the authority to investigate

significant offenses committed by individuals subject to the Uniform Code of Military

Justice (UCMJ) wherever the offense is committed. These offenses could be violations of

the punitive articles of the UCMJ, violations of federal criminal law, or violations of state

law made applicable to military members by the federal Assimilative Crimes Act. These

offenses include crimes such as murder, child abuse, espionage, rape, theft, bribery,

embezzlement, forgery, perjury, and robbery.

AFOSI also has the authority to investigate violations of federal criminal laws by

individuals not subject to the UCMJ, if these offenses are committed against Air Force

resources or using Air Force resources. These offenses typically occur on Air Force

installations and frequently involve Air Force civilian employees or contractors.

Under the Inspector General Act, AFOSI may also investigate when Air Force contractors

commit fraud offenses that are prohibited by federal law. This covers a broad spectrum

of fraud offenses, including environmental offenses committed by contractors.

Department of Commerce

National Oceanic and

Atmospheric Administration,

National Marine Fisheries

Service, Staff Office

for Law Enforcement

The National Marine Fisheries Service, Staff Office for Law Enforcement, is responsible

for investigating fish and wildlife violations subject to the provisions of the Lacey Act, the

Marine Mammal Protection Act, and the Endangered Species Act, which carry a criminal

sanction.

(continued)

Page 16 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix II 

Selected Law Enforcement Organizations’

Investigative Responsibilities

Law enforcement organization Type of criminal violations investigated

Bureau of Export

Administration, Office of

Export Enforcement

The Bureau of Export Administration, Office of Export Enforcement, investigates criminal

dual-use export control violations arising out of national security and foreign policy

controls imposed under the Export Administration Act and the Export Administration

Regulations. In conducting these investigations, the Office of Export Enforcement seeks

to deter the proliferation of weapons of mass destruction to countries and end-users of

concern. The Office protects U.S. national security, foreign policy, and economic

interests by interdicting illegal exports and assisting the Department of Justice in

prosecuting violators. Other duties include the investigation of export violations

pertaining to the Chemical Weapons Convention and counterterrorism. Additionally, the

Office has sole responsibility for the criminal enforcement of the Fastener Quality Act.

Social Security Administration

(SSA), Office of Inspector

General

The SSA OIG is responsible for investigating fraud involving Social Security programs

and operations. The following types of violations are examples of those commonly

investigated by the SSA OIG, either alone or jointly with other agencies: aiding and

abetting, bribery of a public official, conflict of interest, fraudulent claims, conspiring to

defraud the United States, embezzlement, false statements or entries, fraud in

connection with identification documents, computer fraud, mail fraud, wire fraud, Social

Security fraud, and supplemental Social Security income fraud.

General Services Administration (GSA)

Public Buildings Service,

Federal Protective Service

The Public Buildings Service, Federal Protective Service, is responsible for investigating

all crimes and incidents that occur on GSA-controlled facilities. These crimes and

incidents include any federal criminal offense with a nexus to GSA’s responsibility, which

can include murder, rape, aggravated assault, theft of government property, narcotics

violation, weapons and explosives offenses, child abuse, and threats against federal

employees and visitors to GSA facilities.

Office of Inspector General The GSA OIG has broad investigative authority over all criminal, civil, and administrative

violations of law, rule, and/or regulations associated with programs, operations, and/or

personnel of GSA. The GSA OIG emphasizes and places special expertise on the

investigation and enforcement of criminal statutes associated with financial crime,

white-collar crime, and public corruption impacting the integrity and effectiveness of

GSA’s mission within the federal government.

Department of Justice, Office of

the Inspector General

The Justice OIG is responsible for investigating (1) allegations of waste, fraud, and

abuse involving Justice programs and activities, including allegations involving entities

contracting with or receiving benefits from the Department, and (2) allegations of

misconduct on the part of Department employees (in components other than the Federal

Bureau of Investigation and the Drug Enforcement Administration), including allegations

of misconduct involving Department attorneys and investigators that do not relate to

attorneys’ authority to litigate, investigate, or provide legal advice.

Specific types of cases that have been investigated by the Justice OIG include theft of

government property, theft of inmate or detainee property, embezzlement, contractor

fraud, time and attendance fraud, Immigration and Naturalization Service document

fraud, mail fraud, drug and narcotics offenses, weapons law violations, sex offenses,

bribery, alien smuggling, deprivation of rights under color of law, unauthorized release of

official information, physical abuse, obstruction of justice, smuggling of contraband into

a prison facility, possession of contraband in a prison facility, murder, assisting in an

attempted escape, flight to avoid prosecution, failure to perform duties, and conflicts of

interest.

(continued)

Page 17 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix II 

Selected Law Enforcement Organizations’

Investigative Responsibilities

Law enforcement organization Type of criminal violations investigated

Department of Housing and Urban

Development (HUD), Office of

Inspector General

The HUD OIG is responsible for investigating the following: (1) fraud involving HUD

transactions and programs, including loans, grants, and contracts; (2) fraud and criminal

activity related to public, Indian, and assisted housing; single-family housing; multifamily

housing; and community planning and development; and (3) fraud and misconduct

committed by HUD employees. Moreover, the HUD OIG coordinates with federal, state,

and local law enforcement officials to investigate violent criminal offenses (e.g., drugs

and firearms) involving public, Indian, and assisted housing.

Department of the Army, U.S. Army

Criminal Investigation Command

The U.S. Army Criminal Investigation Command is responsible for investigating certain

Army-related felonies, such as mutiny and sedition, murder, rape, theft of government

property, robbery, burglary, drug offenses, kidnapping, and major procurement fraud

violations.

Department of Education, Office

of Inspector General

The Education OIG investigates fraud involving financial institutions, mail fraud, bank

fraud, fraud and embezzlement involving federal student aid programs, and federal

employee misconduct.

Department of Transportation, 

Office of Inspector General

The Transportation OIG is responsible for investigating federal criminal violations relating

to programs, operations, and employees of Transportation and for preventing and

detecting fraud and abuse in such programs and operations. The types of federal

criminal violations that the Transportation OIG is responsible for investigating include the

following: (1) false certifications made to Transportation regulators, such as the Federal

Aviation Administration (e.g., unapproved aircraft parts); (2) contract/grant fraud; (3)

criminal violations involving hazardous materials transportation; (4) theft and

embezzlement; (5) highway construction bid-rigging or price-fixing; (6) false claims; (7)

evasion of motor fuel excise tax; and (8) other fraud against the government (e.g.,

Worker’s Compensation fraud).

Department of Veterans Affairs,

Office of Inspector General

The Veterans Affairs OIG is responsible for investigating violations of federal law relating

to the programs and operations of the Department. These violations involve fraud, waste,

and abuse in the areas of health care, procurement, and entitlement programs. More

specifically, the types of investigations covered by the Veterans Affairs OIG include the

following: bribery and kickbacks, product substitutions, theft of government property,

loan origination fraud, patient abuse and homicide, and fraud by third-party health care

providers.

Federal Deposit Insurance

Corporation (FDIC), Office of 

Inspector General

The FDIC OIG is responsible for conducting investigations of criminal and other

prohibited activities that (1) cause or could potentially result in financial losses to FDIC or

the Federal Deposit Insurance Fund or (2) would otherwise adversely impact the

operations of FDIC and the financial institutions under its control. Some of the more

common areas of investigation include the following: concealment of assets by

individuals attempting to avoid repayment of debts to FDIC, fraud and false claims by

FDIC contractors, and fraud in the purchase or sale of FDIC assets. The FDIC OIG is

also responsible for conducting criminal and administrative investigations of alleged

misconduct by FDIC employees.

National Aeronautics and Space

Administration (NASA), Office 

of Inspector General

The NASA OIG is responsible for investigating fraud against the government (especially

procurement fraud); bribes; kickbacks and conflicts of interest; false statements; false

claims; theft, embezzlement, conversion, and misuse of government property;

falsification of travel claims; crime on NASA premises; wire fraud; mail fraud; conspiracy;

conspiracy to defraud; computer intrusion; and computer fraud.

Department of Energy, Office of

Inspector General

The Energy OIG is responsible for investigating various violations of law involving Energy

Department programs, the Federal Energy Regulatory Commission, the National

Laboratories, various Power Administrations, contractors, grantees, and employees. The

Energy OIG’s investigative efforts include environmental violations, contract fraud,

bribery, corruption, stolen Energy Department property, and conspiracy.

(continued)

Page 18 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix II 

Selected Law Enforcement Organizations’

Investigative Responsibilities

Law enforcement organization Type of criminal violations investigated

Small Business Administration

(SBA), Office of Inspector

General

The SBA OIG investigates fraud involving financial institutions, disaster loan fraud,

misappropriations of collateral, fraud involving federal procurements, bribery of

government officials, and threats or assaults on government employees.

Department of the Treasury,

Office of Inspector General

The Treasury OIG (1) conducts, controls, and oversees the investigation of alleged fraud

and abuse regarding Treasury employees, programs, and operations and (2) oversees

the internal investigative programs of the Internal Revenue Service; the Bureau of

Alcohol, Tobacco and Firearms; the U.S. Customs Service; and the U.S. Secret Service.

In addition, the Treasury OIG promotes integrity and fraud awareness among

Departmental employees, is responsible for the OIG hotline, and participates in joint

fraud prevention and detection surveys with the audit, information technology, and

evaluations organizations.

Department of State, Office of

Inspector General

The State Department OIG is responsible for investigations dealing with fraud within the

programs and operations of the State Department, the Arms Control and Disarmament

Agency, the U.S. Information Agency, and the Broadcasting Board of Governors. These

types of investigations include employee embezzlement, theft, and corruption; visa and

passport fraud; and contractor fraud.

U.S. Railroad Retirement Board,

Office of Inspector General

The Railroad Retirement Board OIG is responsible for investigating the theft of

government funds, forgery, mail fraud, conspiracy, false statements, and false claims.

LEGEND:

 U.S.C. - United States Code

 § - Section

Source: Law enforcement organization responses to GAO survey.

Page 19 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix III 

Primary Legal Authorities Cited by Selected

Law Enforcement Organizations as Enabling

Them to Perform Certain Investigative

Functions

Law enforcement

organization

Authority to

conduct criminal

investigations

(1)

Authority to

execute search

warrants

(2)

Authority to

make arrests

(3)

Authority to

carry firearms,

if necessary

(4)

Department of Agriculture

U.S. Forest Service, Law

Enforcement and

Investigations

16 U.S.C. §§551a, 553,

559, 559c, 559d(2),

559d(5), 559f, 559g(c),

3375(b)

16 U.S.C. §§559c,

1338(b), 3375(b)

16 U.S.C. §§559,

559c(3), 1338(b),

3375(b)

16 U.S.C. §§559, 559c,

3375(b)

Office of Inspector

General

Inspector General Act of

1978 (5 U.S.C. App. 3);

Agriculture and Food Act

of 1981 (7 U.S.C. §2270)

7 U.S.C. §2270; 18

U.S.C. §3105

7 U.S.C. §2270 Same as the authority in

column 3.

Department of the Interior

Bureau of Indian Affairs,

Office of Law

Enforcement

25 U.S.C. Chapter 30

(specifically, §2803)

25 U.S.C. §2803(2) 25 U.S.C. §2803(3) 25 U.S.C. §2803(1)

U.S. Fish and Wildlife

Service,

Division of Law

Enforcement

Migratory Bird Treaty Act

(16 U.S.C. §§703-712);

Endangered Species Act

(16 U.S.C.

§§1531-1543); Lacey Act

(18 U.S.C. §42, 16

U.S.C. §§3371-3378);

Eagle Protection Act (16

U.S.C. §668 et seq);

Marine Mammal

Protection Act (16 U.S.C.

§§1361-1407); National

Wildlife Refuge System

Administration Act of

1966 (16 U.S.C.

§§668dd-668ee);

Archaeological

Resources Protection Act

(16 U.S.C. §704aa); Wild

Bird Conservation Act of

1992 (16 U.S.C. §4901);

African Elephant

Conservation Act (16

U.S.C. §§4201-4245)

Lacey Act (16 U.S.C.

§§3371-3378);

Endangered Species Act

(16 U.S.C.

§§1531-1543); Marine

Mammal Protection Act

(16 U.S.C.

§§1361-1407); Migratory

Bird Treaty Act (16

U.S.C. §§703-712);

Airborne Hunting Act (16

U.S.C. §742j-1);

Migratory Bird Hunting

and Conservation Stamp

Act (16 U.S.C. §718f);

Eagle Protection Act (16

U.S.C. §668 et seq);

National Wildlife Refuge

System Administration

Act (16 U.S.C.

§§668dd-668ee)

Same as the authority in

column 2.

Lacey Act (16 U.S.C.

§§3371-3378)

(continued)

Page 20 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix III 

Primary Legal Authorities Cited by Selected

Law Enforcement Organizations as Enabling

Them to Perform Certain Investigative

Functions

Law enforcement

organization

Authority to

conduct criminal

investigations

(1)

Authority to

execute search

warrants

(2)

Authority to

make arrests

(3)

Authority to

carry firearms,

if necessary

(4)

Bureau of Land

Management, 

Law Enforcement

The Federal Land Policy

and Management Act of

1976 (P.L. 94-579) (43

U.S.C. §1733); The Wild

Free-Roaming Horses

and Burros Act of 1971

(P.L. 92-195) (16 U.S.C.

§1338); The Sikes Act of

1960 (P.L. 86-797) (16

U.S.C. §670j); The Land

and Water Conservation

Fund Act of 1965 (P.L.

88-578) (16 U.S.C.

§460l-6a); The Federal

Oil and Gas Royalty

Management Act of 1982

(P.L. 97-451) (30 U.S.C.

§1717)

Federal Land Policy and

Management Act (43

U.S.C. §1733(c)(1)); Wild

Free-Roaming Horses

and Burros Act (16

U.S.C. §1338); Sikes Act

(16 U.S.C §670j)

Federal Land Policy and

Management Act (43

U.S.C. §1733(c)(1)); Wild

Free-Roaming Horses

and Burros Act (16

U.S.C. §1338); Sikes Act

(16 U.S.C. §670j); Land

and Water Conservation

Fund Act (16 U.S.C.

§460l-6a)

Federal Land Policy and

Management Act (43

U.S.C. §1733(c)(1));

Sikes Act (16 U.S.C.

§670j)

Office of Inspector

General

Inspector General Act of

1978, as amended

Inspector General Act of

1978, as amended, and

an MOU among the

Interior OIG, the

Department of Justice,

and the FBI, dated

September 27, 1996

Same as the authority in

column 2.

Same as the authority in

column 2.

Department of Defense,

Office of

Inspector General

Inspector General Act of

1978, as amended

Special Deputation; 28

C.F.R. §60.3(a)(2);

Military Rules of

Evidence 315(h)(4)

Special Deputation; 10

U.S.C. §807(b)

10 U.S.C. §1585

Department of Labor

Office of Inspector

General

5 U.S.C. App. 3 (P.L.

95-452)

MOUs with the

Department of Justice:

Program Fraud, July 12,

1995; Labor

Racketeering, June 26,

1987. Prior to these

dates, OIG special

agents were deputized

on a case-by-case basis.

Same as the authority in

column 2.

Same as the authority in

column 2.

Office of Labor

Management

Standards

29 U.S.C. §§439, 461,

463, 501(c), 502, 503,

504

N/A N/A N/A

(continued)

Page 21 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix III 

Primary Legal Authorities Cited by Selected

Law Enforcement Organizations as Enabling

Them to Perform Certain Investigative

Functions

Law enforcement

organization

Authority to

conduct criminal

investigations

(1)

Authority to

execute search

warrants

(2)

Authority to

make arrests

(3)

Authority to

carry firearms,

if necessary

(4)

Department of Health and Human Services

Office of Inspector

General

Inspector General Act of

1978 (5 U.S.C. App. 3),

Health Insurance

Portability and

Accountability Act of

1996 (P.L. 104-191)

Requests issuance of

search warrants by

authority of 28 C.F.R.

Part 60. Executes search

warrants pursuant to

authorities conferred by

Department of Justice

authority as Special

Deputy U.S. Marshals.

Deputation as Special

Deputy U.S. Marshals.

Same as the authority in

column 3.

Food and Drug

Administration,

Office of Criminal

Investigations

21 U.S.C. §§371(a), 372,

393(b)(2); 21 C.F.R.

§5.35

21 U.S.C. §372(e)(2); 21

C.F.R. §5.35; Fed. R.

Crim. P. 41; 28 C.F.R.

§§60.2-60.3

21 U.S.C. §372(e)(2); 21

C.F.R. §5.35; 18 U.S.C.

§3062

21 U.S.C. §372(e)(1); 21

C.F.R. §5.35

Environmental Protection Agency (EPA)

Office of Criminal

Enforcement,

Forensics and Training

18 U.S.C. §3063;

(Powers of the

Environmental Protection

Agency); also, criminal

enforcement provisions

of EPA-administered

environmental laws,

under which the

Administrator and her

designees have inherent

investigative authority

(e.g., Clean Air Act (42

U.S.C. §7413); Clean

Water Act (33 U.S.C.

§§1319, 1321);

Comprehensive

Environmental Response,

Compensation, and

Liability Act (42 U.S.C.

§9603); Solid Waste

Disposal Act (42 U.S.C.

§6928))

18 U.S.C. §3063 (Powers

of Environmental

Protection Agency). Prior

to the enactment of

§3063 in 1988, EPA’s

criminal investigative

personnel exercised law

enforcement powers

under deputation by the

Department of Justice.

Same as the authority in

column 2.

Same as the authority in

column 2.

Office of Inspector

General

Inspector General Act of

1978, as amended (5

U.S.C. App. 3)

Deputation as Special

Deputy U.S. Marshal

Same as the authority in

column 2.

Same as the authority in

column 2.

(continued)

Page 22 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix III 

Primary Legal Authorities Cited by Selected

Law Enforcement Organizations as Enabling

Them to Perform Certain Investigative

Functions

Law enforcement

organization

Authority to

conduct criminal

investigations

(1)

Authority to

execute search

warrants

(2)

Authority to

make arrests

(3)

Authority to

carry firearms,

if necessary

(4)

Department of the Air

Force, Air Force

Office of Special 

Investigations

10 U.S.C. §8013; Section

1233 of the Department

of Defense Authorization

Act, 1986 (P.L. 99-145);

Air Force Mission

Directive 39, AFPD 71-1;

Inspector General Act of

1978, as amended (5

U.S.C. App. 3)

Military Rule of Evidence

315; 28 C.F.R. §§60.2

(g), (h), 60.3

10 U.S.C. §807; Rule for

Courts-Martial 302

10 U.S.C. §1585, DOD

Directive 5210.56, AFPD

31-2, Air Force

Instruction 31-207

Department of Commerce

National Oceanic and

Atmospheric

Administration,

National Marine

Fisheries Service, Staff

Office for Law

Enforcement

16 U.S.C. §§1531-1544,

3371-3378, 1801-1882,

1361, et seq.

Same as the authority in

column 1.

Same as the authority in

column 1.

16 U.S.C. §§3371-3378

Bureau of Export 

Administration, Office of

Export Enforcement

Export Administration Act

of 1979, as amended (50

U.S.C. App.

§§2410-2420); Fastener

Quality Act (15 U.S.C.

§§5401-5414, as

amended by P.L.

104-113 (Mar. 7, 1996)).

During periods when the

EAA lapses, the

president continues the

system of export controls

authorized by the EAA

pursuant to an executive

order issued under the

authority of the

International Emergency

Economic Powers Act

(50 U.S.C. §§1701-1706).

50 U.S.C. App.

§2411(a)(3)(B)

(i). During periods when

the EAA has elapsed,

Office of Export

Enforcement special

agents execute search

warrants under the

authority provided them

through their designation

as Special Deputy U.S.

Marshals.

50 U.S.C. App.

§2411(a)(3)(B)

(ii). During periods when

the EAA has elapsed,

Office of Export

Enforcement special

agents make arrests

under the authority

provided them through

their designation as

Special Deputy U.S.

Marshals.

50 U.S.C. App.

§2411(a)(3)(B)

(iii). During periods when

the EAA has elapsed,

Office of Export

Enforcement special

agents carry firearms

under the authority

provided them through

their designation as

Special Deputy U.S.

Marshals.

(continued)

Page 23 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix III 

Primary Legal Authorities Cited by Selected

Law Enforcement Organizations as Enabling

Them to Perform Certain Investigative

Functions

Law enforcement

organization

Authority to

conduct criminal

investigations

(1)

Authority to

execute search

warrants

(2)

Authority to

make arrests

(3)

Authority to

carry firearms,

if necessary

(4)

Social Security

Administration,

Office of Inspector General

Inspector General Act of

1978 (5 U.S.C. App. 3)

as amended by the

Social Security

Independence and

Program Improvements

Act of 1994 (P.L.

103-296); MOU between

the Social Security

Administration OIG, the

Department of Justice,

and the FBI, dated

October 5, 1995. This

MOU was renewed with

modifications on July 31,

1996.

MOU between the Social

Security Administration

OIG, the Department of

Justice, and the FBI;

Social Security

Administration OIG

Special Agents are

deputized as Special

Deputy U.S. Marshals

pursuant to 28 C.F.R.

§§0.19(a)(3), 0.112(d).

Social Security

Administration OIG

Special Agents are

authorized to request the

issuance of a search

warrant under 28 C.F.R.

§60.2(p).

MOU between Social

Security Administration

OIG, the Department of

Justice, and the FBI.

Social Security

Administration Special

Agents are deputized as

Special Deputy U.S.

Marshals pursuant to 28

C.F.R. §§0.19(a)(3),

0.112(d).

Same as the authority in

column 3.

General Services Administration

Public Buildings Service,

Federal Protective

Service

Criminal Investigative

Personnel authority: 40

U.S.C. §§318d, 486 (i)

40 U.S.C. §§318, 318d Same as the authority in

column 2.

Same as the authority in

column 2.

Office of Inspector

General

Inspector General Act of

1978, as amended (5

U.S.C. App. 3)

1989 designation by the

Attorney General under

Fed. R. Crim. P. 41(h)

1980 delegation by the

Administrator of GSA,

pursuant to 40 U.S.C.

§318d

Same as the authority in

column 3.

Department of Justice,

Office of

the Inspector General

Inspector General Act (5

U.S.C. App. 3); Attorney

General Order 1393-90

Pursuant to Attorney

General Order 1393-90,

the U.S. Marshals

Service deputizes OIG

Special Agents on an

annual basis.

Same as the authority in

column 2.

Same as the authority in

column 2.

Department of Housing

and Urban 

Development, Office of

Inspector General

Inspector General Act of

1978, as amended (5

U.S.C. App. 3)

Fed. R. Crim. P. 41, 18

U.S.C. §3105

28 U.S.C. §566 and 28

C.F.R. §§0.19(a)(3),

0.112(d) provide that the

Attorney General may

deputize special agents

as Special Deputy U.S.

Marshals.

Same as the authority in

column 3.

(continued)

Page 24 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix III 

Primary Legal Authorities Cited by Selected

Law Enforcement Organizations as Enabling

Them to Perform Certain Investigative

Functions

Law enforcement

organization

Authority to

conduct criminal

investigations

(1)

Authority to

execute search

warrants

(2)

Authority to

make arrests

(3)

Authority to

carry firearms,

if necessary

(4)

Department of the Army,

U.S. Army

Criminal Investigation

Command

Inspector General Act of

1978 (5 U.S.C. App. 3);

10 U.S.C. §807(b); 28

U.S.C. §535; 5 U.S.C.

§301; 1996 MOU

between DOD and the

Department of Justice

(AR 27-10); AR 195-2;

Criminal Investigation

Division Regulation

195-1, Chapter 2

Inspector General Act of

1978 (5 U.S.C. App. 3);

28 C.F.R. Part 60, Fed. R.

Crim. P. 41; AR 195-2,

paragraph 3-22; AR

190-22; Criminal

Investigation Division

Regulation 195-1,

paragraph 3-5, and

Chapter 5; Military Rules

of Evidence 312, 314-317

10 U.S.C. §807(b); AR

600-40; Rule for Courts

Martial 302, Manual for

Courts Martial 1984; AR

195-2, paragraph 3-21;

Criminal Investigation

Division Regulation

195-1, paragraph

3-4

32 C.F.R. §632.1; DOD

Directive 5210.56; AR

195-2, paragraph 3-24;

AR 190-14; Criminal

Investigation Division

Regulation 195-1,

paragraph 3-6, and

Chapter 17

Department of Education,

Office of Inspector

General

Inspector General Act of

1978, as amended

MOU dated August 22,

1996, between the

Department of Justice

and the FBI granting

blanket special

deputation through

September 30, 1997,

pursuant to 28 C.F.R. §§

0.19(a)(3), 0.112(d).

Same as the authority in

column 2.

Same as the authority in

column 2.

Department of

Transportation,

Office of Inspector

General

Inspector General Act of

1978 (5 U.S.C. App. 3);

49 C.F.R. §1.23(h)

28 C.F.R. §§60.2(i),

60.3(a)(6); 28 U.S.C.

§566(c); Fed. R. Crim. P.

41(a), (c)(1). On August

21, 1996, an annual

blanket deputation MOU

signed by the

Department of

Transportation OIG,

Department of Justice,

and the FBI; 28 C.F.R.

§0.112.

28 U.S.C. §§566(c), (d);

18 U.S.C. §3053; 1995

MOU with the

Department of Justice

and the FBI; 28 C.F.R.

§0.112

28 U.S.C. §566(d); 18

U.S.C. §3053; 1995 MOU

with the Department of

Justice and the FBI; 28

C.F.R. §0.112

Department of Veterans

Affairs,

Office of Inspector General

Inspector General Act of

1978 (5 U.S.C., App. 3)

The VA OIG has been

given a component-wide

deputation through an

MOU with the

Department of Justice

and the FBI. Based on

28 C.F.R. §§0.19(a)(3),

0.112, special agents

assigned to and

supervised by the VA

OIG, Office of

Investigations, are

deputized as Special

Deputy U.S. Marshals.

28 C.F.R. §60.3(a)(16);

Fed. R. Crim. P. 41(c)(1).

The VA OIG has been

given a blanket

deputation through an

MOU with the

Department of Justice

and the FBI. Based on

28 C.F.R. §§0.19(a)(3),

0.112, special agents

assigned to and

supervised by the VA

OIG, Office of

Investigations, are

deputized as Special

Deputy U.S. Marshals.

18 U.S.C. §3053; Fed. R.

Crim. P. 4(d)(1), (9)(c)(1).

The VA OIG has been

given a blanket

deputation through an

MOU with the

Department of Justice

and the FBI. Based on 28

C.F.R. §§0.19(a)(3),

0.112, special agents

assigned to and

supervised by the VA

OIG, Office of

Investigations, are

deputized as Special

Deputy U.S. Marshals. 18

U.S.C. §3053.

(continued)

Page 25 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix III 

Primary Legal Authorities Cited by Selected

Law Enforcement Organizations as Enabling

Them to Perform Certain Investigative

Functions

Law enforcement

organization

Authority to

conduct criminal

investigations

(1)

Authority to

execute search

warrants

(2)

Authority to

make arrests

(3)

Authority to

carry firearms,

if necessary

(4)

Federal Deposit Insurance

Corporation, Office of

Inspector General

Inspector General Act of

1978, as amended (5

U.S.C. App. 3);

Deputation from the

Department of Justice on

a case-by-case basis as

a Special Deputy U.S.

Marshal

Deputation from the

Department of Justice on

a case-by-case basis as

a Special Deputy U.S.

Marshal

Same as the authority in

column 2.

Same as the authority in

column 2.

National Aeronautics and

Space

Administration, Office of

Inspector General

Inspector General Act of

1978, as amended (5

U.S.C. App. 3)

Inspector General Act of

1978, as amended, (5

U.S.C. App. 3), (P.L.

95-452), in conjunction

with 28 C.F.R.

§§0.19(a)(3), 0.112(d)

Same as the authority in

column 2.

Same as the authority in

column 2.

Department of Energy,

Office of

Inspector General

Inspector General Act of

1978 (5 U.S.C. App. 3)

28 U.S.C. §566(c); 28

C.F.R. §§0.19(a)(3),

0.112(d)

28 U.S.C. §566(d), 28

C.F.R. §§0.19(a)(3),

0.112(d)

Same as the authority in

column 3.

Small Business

Administration,

Office of Inspector General

Inspector General Act of

1978, as amended

Department of Justice

order #1188-87,

amending 28 C.F.R. Part

60, dated May 12, 1987

MOU signed by the

Department of Justice,

the FBI, and SBA on July

13, 1995.

Same as the authority in

column 3.

Department of the

Treasury,

Office of Inspector General

Inspector General Act of

1978, as amended (5

U.S.C. App. 3)

28 U.S.C. §§561(a),

566(c), 509, 510; 28

C.F.R. §§0.112, 0.113

Same as the authority in

column 2.

Same as the authority in

column 2.

Department of State,

Office of

Inspector General

Inspector General Act of

1978 (5 U.S.C. App. 3)

28 U.S.C. §566(d).

According to the OIG, all

law enforcement

functions derive from

appointment as Special

Deputy U.S. Marshals in

accordance with a MOU

signed with the

Department of Justice in

July 1995.

Same as the authority in

column 2.

Same as the authority in

column 2.

U.S. Railroad Retirement

Board, Office of

Inspector General

Inspector General Act of

1978, as amended (5

U.S.C. App. 3)

Case-by-case deputation

as Special Deputy U.S.

Marshals under the

authority of 18 U.S.C.

§3053

Same as the authority in

column 2.

Same as the authority in

column 2.

(Table notes on next page)

Page 26 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix III 

Primary Legal Authorities Cited by Selected

Law Enforcement Organizations as Enabling

Them to Perform Certain Investigative

Functions

LEGEND:

 AFPD - Air Force Policy Directive

 App. - Appendix

 AR - Army Regulation

 C.F.R. - Code of Federal Regulations

 DOD - Department of Defense

 EAA - Export Administration Act of 1979, as amended

 EPA - Environmental Protection Agency

 FBI - Federal Bureau of Investigation

 Fed. R. Crim. P. - Federal Rules of Criminal Procedure

 MOU - Memorandum of Understanding

 N/A - Not Applicable

 OIG - Office of Inspector General

 P.L. - Public Law

 SBA - Small Business Administration

 U.S.C. - United States Code

 VA - Department of Veterans Affairs

 § - Section

Source: Law enforcement organization responses to GAO survey.

Page 27 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix IV 

Law Enforcement Investigative Personnel in

Selected Organizations Authorized to

Perform Certain Investigative Functions as

of the End of Fiscal Year 1996

Law enforcement organization

Total number of

investigative

personnel

Execute

search

warrants

Make

arrests

Carry

firearms, if

necessary

Department of Agriculture

U.S. Forest Service,

Law Enforcement and

Investigations

612 612 612 612

Office of Inspector

General

249 248 248 248

Department of the Interior

Bureau of Indian

Affairs, Office of

Law Enforcement

326 326 326 326

U.S. Fish and Wildlife

Service, Division of

Law Enforcement

240 240 240 240

Bureau of Land

Management, Law

Enforcement

211 211 211 211

Office of Inspector

General

37 36 36 36

Department of Defense,

Office of Inspector

General

363 363 363 363

Department of Labor

Office of Inspector

General

148 145 145 145

Office of Labor

Management Standardsa

165 0b 0b 0b

Department of Health and Human Services

Office of Inspector

General

165 165 165 165

Food and Drug,

Administration,

Office of Criminal

Investigations

128 128 128 128

Environmental Protection Agency

Office of Criminal

Enforcement,

Forensics and

Training

166 166 166 166

Office of Inspector

General

49 30 30 30

(continued)

Page 28 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix IV 

Law Enforcement Investigative Personnel in

Selected Organizations Authorized to

Perform Certain Investigative Functions as

of the End of Fiscal Year 1996

Law enforcement organization

Total number of

investigative

personnel

Execute

search

warrants

Make

arrests

Carry

firearms, if

necessary

Department of the Air

Force, Air Force

Office of Special

Investigations

171 171 171 171

Department of Commerce

National Oceanic and 

Atmospheric 

Administration,

National Marine

Fisheries Service, 

Staff Office for Law

Enforcement

105 105 105 105

Bureau of Export

Administration,

Office of Export

Enforcement

66 66 66 66

Social Security

Administration,

Office of Inspector

General

145 135 135 135

General Services Administration

Public Buildings

Service, Federal

Protective Service

63 63 63 63

Office of Inspector

General

58 58 58 58

Department of Justice, 

Office of the

Inspector General

111 111 111 111

Department of Housing

and Urban Development,

Office of Inspector

General

109 109 109 109

Department of the Army,

U.S. Army Criminal

Investigation Command

85 85 85 85

Department of Education,

Office of Inspector

General

75 75 75 75

Department of 

Transportation, Office

of Inspector General

75 71 71 71

Department of Veterans

Affairs, Office of

Inspector General

68 67 67 67

(continued)

Page 29 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix IV 

Law Enforcement Investigative Personnel in

Selected Organizations Authorized to

Perform Certain Investigative Functions as

of the End of Fiscal Year 1996

Law enforcement organization

Total number of

investigative

personnel

Execute

search

warrants

Make

arrests

Carry

firearms, if

necessary

Federal Deposit

Insurance Corporation,

Office of Inspector

General

43 28 28 28

National Aeronautics and

Space Administration, 

Office of Inspector

General

52 18 18 18

Department of Energy,

Office of Inspector

General

45 44 44 44

Small Business 

Administration, Office

of Inspector General

40 40 40 40

Department of the

Treasury, Office of

Inspector General

36 36 36 36

Department of State,

Office of Inspector

General

34 33 33 33

U.S. Railroad Retirement

Board, Office of

Inspector General

22c 22 22 22

Total 4,262 4,007 4,007 4,007

Note: Fiscal year-end 1996 law enforcement organization data differ from those reported to the

CPDF (see app. V) by about 1 percent.

aThe Office of Labor Management Standards (OLMS) was formerly a program component of the

Office of the American Workplace, which was eliminated as of September 30, 1996. OLMS, which

is staffed with law enforcement investigative personnel, is now a program agency within the

Employment Standards Administration.

bAccording to an Office of Labor Management Standards official, there is typically no need to

execute search warrants, make arrests, and/or carry firearms in the course of agency

investigations. However, criminal investigations conducted by OLMS either independently or

jointly with other federal law enforcement agencies, such as the FBI, require the essential

knowledge, skills, and abilities required of traditional law enforcement officers. OLMS

investigators on occasion have been deputized to make arrests but, typically, secure the services

of the FBI or U.S. Marshals when arrest warrants are issued and services of the FBI to execute

search warrants.

cAlthough the Railroad Retirement Board no longer meets the criterion of employing at least 25

investigative personnel, the OIG is included because it did meet this criterion on March 31, 1995,

which is the date used to determine inclusion in this report.

Source: Law enforcement organization responses to GAO survey.

Page 30 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix V 

Law Enforcement Investigative Personnel in

Selected Organizations at the End of Fiscal

Years 1987, 1991, 1995, and 1996

Law enforcement organization 1987 1991 1995 1996a

Department of Agriculture

U.S. Forest Service, Law

Enforcement and 

Investigations

105 159 491b 603b

Office of Inspector

General

246 264 254 245

Department of the Interior

Bureau of Indian Affairs,

Office of Law

Enforcement

341 326 374 334

U.S. Fish and Wildlife

Service, Division of

Law Enforcement

192 205 237 237

Bureau of Land

Management, Law

Enforcement

22 57 210c 205c

Office of Inspector

General

27 41 40 37

Department of Defense, 

Office of Inspector

General

283 349 379 359

Department of Labor

Office of Inspector

General

163 162 160 148

Office of Labor

Management Standards

0d 0d 127 165

Department of Health and Human Services

Office of Inspector

General

286 274 178e 163

Food and Drug

Administration, Office 

of Criminal

Investigations

0f 0f 108 126

Environmental Protection Agency

Office of Criminal 

Enforcement, Forensics

and Training

48 55 156 156

Office of Inspector

General

41 61 53 46

Department of the Air

Force, Air Force Office

of Special Investigations

146 152 159 160

Department of Commerce

(continued)

Page 31 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix V 

Law Enforcement Investigative Personnel in

Selected Organizations at the End of Fiscal

Years 1987, 1991, 1995, and 1996

Law enforcement organization 1987 1991 1995 1996a

National Oceanic and

Atmospheric 

Administration,

National Marine

Fisheries Service,

Staff Office for Law 

Enforcement

84 106 112 105

Bureau of Export 

Administration, Office

of Export Enforcement

5 69 68 64

Social Security

Administration, Office of

Inspector General

0g 0g 84 135

General Services Administration

Public Buildings Service,

Federal Protective

Service

22 38 66 64

Office of Inspector

General

84 90 60 58

Department of Justice, 

Office of the Inspector

General

0h 97 119 110

Department of Housing and

Urban Development, Office

of Inspector General

75 95 111 108

Department of the Army,

U.S. Army Criminal

Investigation Command

0i 0i 63 73

Department of Education, 

Office of Inspector

General

58 86 82 75

Department of 

Transportation, Office of

Inspector General

64 76 64 74

Department of Veterans

Affairs, Office of

Inspector General

63 64 63 59

Federal Deposit Insurance

Corporation, Office of

Inspector General

0j 16 29 61k

National Aeronautics and 

Space Administration, 

Office of Inspector

General

30 47 52 51

Department of Energy,

Office of Inspector

General

25 41 56 49

(continued)

Page 32 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix V 

Law Enforcement Investigative Personnel in

Selected Organizations at the End of Fiscal

Years 1987, 1991, 1995, and 1996

Law enforcement organization 1987 1991 1995 1996a

Small Business 

Administration, Office of

Inspector General

31 38 42 41

Department of the Treasury,

Office of Inspector 

General

14 36 39 37

Department of State, Office

of Inspector General

10 31 32 34

U.S. Railroad Retirement

Board, Office of

Inspector General

6 35 28 22

Total 2,471 3,070 4,096 4,204

aFiscal year-end 1996 CPDF data differ from those reported by the organizations (see app. IV) by

about 1 percent.

bBeginning in 1994, personnel in this organization were reclassified from the Forestry Technician,

Forestry, and other job series to the law enforcement investigative series. The increases in

investigative personnel in 1995 and 1996 were the result of this reclassification.

cThe numbers of investigative personnel in this organization increased in 1995 and 1996 because

personnel in the General Inspection, Investigation, and Compliance series received coverage

under special law enforcement retirement in October 1994.

dOfficewide law enforcement retirement coverage for investigative personnel was not available

until September 1992.

eThe Social Security Administration was first established as a separate federal department on

March 31, 1995. Its Office of Inspector General was staffed by personnel from the Department of

Health and Human Services, Office of Inspector General; therefore, the number of law

enforcement investigative personnel in the Department, Office of Inspector General, decreased.

f

Data are not shown for 1987 and 1991 because the Office of Criminal Investigations was

established in March 1992.

gData are not shown for 1987 and 1991 because the Social Security Administration was

established as a separate federal department on March 31, 1995.

hData are not shown for 1987 because the Department of Justice, Office of Inspector General,

was authorized by Congress in 1988 and established in 1989.

i

Most of the criminal investigative personnel in this organization are military personnel. During

1987 and 1991, the small number of civilian criminal investigative personnel were not covered by

law enforcement retirement.

j

Data are not shown for 1987 because the Federal Deposit Insurance Corporation, Office of

Inspector General, was established in 1988.

k

On January 1, 1996, the Resolution Trust Corporation, Office of Inspector General, merged with

this organization, which caused an increase in law enforcement investigative personnel.

Sources: Law enforcement organization data for the Department of Labor, the Office of Labor

Management Standards, and the Department of the Air Force, Air Force Office of Special

Investigations (end of fiscal year 1991 only), and CPDF data for all others.

Page 33 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix VI 

Law Enforcement Investigative Personnel at

13 Federal Organizations With the Largest

Number of Criminal Investigative Personnel,

End of Fiscal Years 1995 and 1996

Number of law

enforcement

investigative personnel

Law enforcement organization 1995 1996

Department of Justice

Federal Bureau of

Investigation 10,082 10,662

Immigration and 

Naturalization Service 8,014 9,982

Drug Enforcement

Administration 3,471 3,729

U.S. Marshals Service 2,463 2,625

Department of the Treasury

Internal Revenue Service 3,756 3,744

U.S. Secret Service 3,225 3,246

U.S. Customs Service 2,912 2,826

Bureau of Alcohol, Tobacco

and Firearms 1,929 1,867

U.S. Postal Inspection Service 2,226 2,254

National Park Service 1,953 1,775

U.S. Capitol Police 1,074 1,074

Naval Criminal Investigative

Service 934 896

Department of State, Bureau of

Diplomatic Security 709 686

Total 42,748 45,366

Sources: Federal law enforcement organization data from the U.S. Postal Inspection Service, the

U.S. Capitol Police, and the Bureau of Diplomatic Security and CPDF data for the other

organizations.

Page 34 GAO/GGD-97-93 Investigative Authority and Personnel
Appendix VII 

Major Contributors to This Report

General Government

Division, Washington,

D.C.

Weldon McPhail, Assistant Director

Doris Page, Evaluator-in-Charge

Michael Kassack, Senior Evaluator

Mary Hall, Evaluator

Charlotte Moore, Communications Analyst

David Alexander, Senior Social Science Analyst

Stuart M. Kaufman, Senior Social Science Analyst

Gregory Wilmoth, Senior Social Science Analyst

Office of the General

Counsel, Washington,

D.C.

Geoffrey Hamilton, Senior Attorney

(182030) Page 35 GAO/GGD-97-93 Investigative Authority and Personnel
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