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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] GAO's Mission: The Government Accountability Office, the audit, evaluation and investigative arm of Congress, exists to support Congress in meeting its constitutional responsibilities and to help improve the performance and accountability of the federal government for the American people. GAO examines the use of public funds; evaluates federal programs and policies; and provides analyses, recommendations, and other assistance to help Congress make informed oversight, policy, and funding decisions. GAO's commitment to good government is reflected in its core values of accountability, integrity, and reliability. 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