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United States Government Accountability Office: 
GAO: 

Report to Congressional Requesters: 

July 2011: 

Combating Illicit Drugs: 

DEA and ICE Interagency Agreement Has Helped to Ensure Better 
Coordination of Drug Investigations: 

GAO-11-763: 

GAO Highlights: 

Highlights of GAO-11-763, a report to congressional requesters. 

Why GAO Did This Study: 

The 2010 National Drug Threat Assessment stated that the availability 
of illicit drugs is increasing. The Drug Enforcement Administration 
(DEA), in the Department of Justice (DOJ), works with Immigration and 
Customs Enforcement (ICE), within the Department of Homeland Security 
(DHS), to carry out drug enforcement efforts. DEA and ICE signed a 
2009 Interagency Agreement (Agreement) that outlined the mechanisms to 
provide ICE with authority to investigate violations of controlled 
substances laws (i.e., cross-designation). The Agreement also required 
DEA and ICE to deconflict (e.g., coordinate to ensure officer safety 
and prevent duplicative work) counternarcotics investigations, among 
other things. GAO was asked to assess the Agreement’s implementation. 
This report addresses the extent to which DEA and ICE have taken 
actions (1) to implement the Agreement’s cross-designation, 
deconfliction, and information-sharing provisions and (2) to monitor 
implementation of the Agreement and make needed adjustments. GAO 
analyzed documents such as the 2009 Agreement, related interagency 
agreements, and directives to field offices. GAO also interviewed DEA 
and ICE Headquarters officials as well as management officials and 
first line supervisors in 8 of the 21 DEA and 8 of 26 ICE field 
offices, based on geographic dispersion. Though not generalizable to 
all DEA and ICE offices, the interviews provided insights. 

What GAO Found: 

DEA and ICE have taken actions to fully implement the cross-
designation and deconfliction provisions of the Agreement, and are 
finalizing efforts to complete the information-sharing provisions. The 
Agreement allows ICE to select an unlimited number of agents for cross-
designation consideration by DEA. The agencies have implemented these 
cross-designation provisions through a revised process that (1) 
elevated the levels at which requests are exchanged between the 
agencies and (2) consolidated multiple requests into one list of ICE 
agents. This new process is more streamlined and has resulted in 
enhanced flexibility in maximizing investigative resources, according 
to ICE officials. Also, DEA and ICE implemented local deconfliction 
protocols and used a variety of mechanisms (e.g., local deconfliction 
centers) to deconflict investigations. Further, in May 2011 DEA and 
ICE convened the Headquarters Review Team (HRT), comprised of senior 
managers from both agencies, who are, among other things, to resolve 
deconfliction and coordination issues that cannot be resolved at lower 
levels because they require management decisions. DEA and ICE 
headquarters and field office management officials GAO interviewed 
generally reported that the implementation of the Agreement and local 
deconfliction protocols had generally improved deconfliction by (1) 
ensuring officer safety and (2) preventing one agency’s law 
enforcement activity from compromising the other agency’s ongoing 
investigation. ICE has also partially implemented the Agreement’s 
information-sharing provisions by sharing required data with two DOJ 
organizations that target drug trafficking organizations, and taking 
steps to share its drug-related data with a DEA organization focused 
on disrupting drug trafficking by fall 2011. 

DEA and ICE have conducted ongoing monitoring of the Agreement’s 
implementation through established processes (e.g., supervisory chains 
of command) and according to officials from these agencies, the HRT 
did not identify any systemic issues. Specifically, DEA and ICE 
headquarters officials routinely coordinated with each other and their 
respective field offices to monitor the Agreement’s implementation. 
DEA and ICE headquarters officials also said that the May 2011 meeting 
of the HRT, which is to periodically review the Agreement’s 
implementation, constituted a review of the Agreement and affirmed 
that there were no overarching or systemic issues of coordination or 
deconfliction requiring headquarters-level intervention. 

DEA and ICE provided technical comments, which GAO incorporated as 
appropriate. 

View [hyperlink, http://www.gao.gov/products/GAO-11-763] or key 
components. For more information, contact Eileen R. Larence at (202) 
512-8777 or larencee@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

DEA and ICE Have Taken Actions to Implement Cross-Designation, 
Information-Sharing, and Deconfliction Provisions of the 2009 
Agreement: 

DEA and ICE Have Primarily Used Established Processes to Monitor the 
Agreement, and the Headquarters Review Team Did Not Identify Any 
Systemic Issues: 

Agency Comments and Our Evaluation: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Local Deconfliction Protocols, Deconfliction Mechanisms, 
Additional Factors Affecting Deconfliction, and Incentives for Joint 
Investigations: 

Appendix III: Training on the 2009 Agreement and Local Deconfliction 
Protocols: 

Appendix IV: Department of Homeland Security Agency Comments: 

Appendix V: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: ICE Actions to Implement the Cross-designation Provisions: 

Table 2: ICE Actions to Implement the Fusion Center, Special 
Operations Division, and El Paso Intelligence Center Provisions: 

Table 3: DEA and ICE Actions to Implement the Provisions of the 2009 
Interagency Agreement on the Two-Part Deconfliction Process: 

Table 4: Geographic Coverage of the Local Deconfliction Protocols for 
the Associated 8 DEA and 8 ICE Offices Selected: 

Table 5: Twenty-Eight Local Deconfliction Protocols and Associated DEA 
and ICE Offices: 

Figures: 

Figure 1: Map of DEA Domestic Field Divisions and ICE SAC Field 
Offices: 

Figure 2: Process Used to Request and Approve Cross-Designation 
Requests under the 2009 Agreement: 

Abbreviations: 

2009 Agreement: 2009 Interagency Cooperation Agreement: 

ASAC: Assistant Special Agent in Charge: 

DARTS: DEA Analysis and Response Tracking System: 

DEA: Drug Enforcement Administration: 

DHS: Department of Homeland Security: 

DICE: DEA Internet Connectivity Endeavor: 

DOJ: Department of Justice: 

HIDTA: High Intensity Drug Trafficking Area: 

HRT: Headquarters Review Team: 

HSI: Homeland Security Investigations: 

ICE: Immigration and Customs Enforcement: 

OCDETF: Organized Crime Drug Enforcement Task Force: 

RAC: Resident Agent in Charge: 

SAC: Special Agent in Charge: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

July 28, 2011: 

The Honorable Bennie G. Thompson:
Ranking Member:
Committee on Homeland Security:
United States House of Representatives: 

The Honorable Robert C. Scott:
Ranking Member:
Subcommittee on Crime, Terrorism, and Homeland Security:
Committee on Judiciary:
United States House of Representative: 

According to the 2010 National Drug Threat Assessment, overall, the 
availability of illicit drugs in the United States is increasing, as 
drug trafficking organizations successfully move several thousand tons 
of cocaine, methamphetamine, marijuana, heroin, and ecstasy into the 
country annually. The report further states that trafficking and abuse 
of drugs affect nearly all aspects of life in the United States, with 
an estimated economic cost of nearly $215 billion, an overburdened 
justice system, a strained healthcare system, lost productivity, and 
environmental destruction.[Footnote 1] The Drug Enforcement 
Administration (DEA), a component of the U.S. Department of Justice 
(DOJ), works with U.S. Immigration and Customs Enforcement (ICE), a 
component of the Department of Homeland Security (DHS), to carry out 
drug enforcement efforts.[Footnote 2] 

DOJ Reorganization Plan No. 2 and Executive Order 11727 created DEA in 
1973, as a single, comprehensive federal agency to lead U.S. efforts 
against illicit drug trafficking, domestically and internationally. 
These directives also authorized the Attorney General, through DEA, to 
coordinate the enforcement of U.S. drug laws among all executive 
branch departments and agencies, requiring those agencies to assist 
DEA on drug enforcement efforts when requested.[Footnote 3] While 
Reorganization Plan No. 2 was intended to clarify counternarcotics 
roles and reduce conflicts between DEA and Customs (ICE's predecessor 
agency), disputes continued related to, among other things, Customs' 
drug enforcement jurisdiction. To address these disputes, DOJ's Office 
of Legal Counsel stated in a 1986 memorandum that Customs did not have 
independent authority to carry out drug investigations. However, 
according to the Office, Customs agents may participate in drug 
investigations, per DOJ's authorization of DEA to "cross-designate" 
federal law enforcement officers to undertake drug investigations 
under DEA's supervision.[Footnote 4] A 1994 interagency agreement 
between DEA and Customs set forth policies and procedures by which DEA 
would cross-designate Customs agents to enforce the controlled 
substances laws contained in Title 21 of the United States Code (Title 
21 authority). Upon the creation of DHS, ICE became a party to the DEA 
and Customs interagency agreement. The 1994 Agreement specifically 
restricted cross-designated Customs agents, and subsequently ICE 
agents, to investigating individuals and organizations involved in the 
smuggling of controlled substances across U.S. international borders 
or through ports of entry. It also prohibited Customs from using Title 
21 authority to perform domestic or nonsmuggling counternarcotics 
investigations.[Footnote 5] 

In March 2009, we reported on, among other things, DEA's partnerships 
with ICE and the process used to cross designate ICE agents to conduct 
counternarcotics investigations.[Footnote 6] Specifically, we reported 
that the 1994 interagency agreement, which predated the formation of 
DHS, coupled with long-standing jurisdictional disputes involving 
ICE's drug enforcement role and DEA's oversight of ICE's drug-related 
investigations, had led to conflicts between the two agencies and 
these conflicts remained unresolved. Moreover, we reported that the 
cross-designation process was inefficient and had resulted in fewer 
agents being available to conduct counternarcotics investigations. We 
also reported that ICE was not sharing all of its sensitive drug-
related data with the Special Operations Division within DEA and not 
fully participating in the Organized Crime Drug Enforcement Task Force 
(OCDETF) Fusion Center.[Footnote 7] As a result, these entities were 
not as effective as they might have been. 

To further enhance interagency collaboration in Combating narcotics 
trafficking, we recommended, among other things, that the Attorney 
General and the Secretary of Homeland Security jointly and 
expeditiously (1) develop a new interagency agreement to clarify their 
respective departments' counternarcotics roles and responsibilities, 
particularly those of DEA and ICE, and provide efficient procedures 
for cross-designating ICE agents to conduct counternarcotics 
investigations; and (2) develop processes for periodically monitoring 
the implementation of the new interagency agreement, and make any 
needed adjustments. We also recommended that the Secretary of Homeland 
Security direct ICE to participate in the Fusion Center and ensure 
that ICE fully responded. In June 2009, DEA and ICE signed a new 
interagency agreement that included provisions for how DEA and ICE 
intend to interact to coordinate and deconflict counternarcotics 
investigations[Footnote 8] and requirements related to cross- 
designation,[Footnote 9] information sharing,[Footnote 10] and 
deconfliction.[Footnote 11] DOJ and DHS actions to develop processes 
to monitor the implementation of the new agreement and DHS actions 
related to ICE's participation in the Fusion Center are discussed 
later in this report. 

You asked us to assess the status of the implementation of the 2009 
Interagency Cooperation Agreement (2009 Agreement) between DEA and ICE 
on counternarcotics investigations. Specifically, this report 
addresses the following questions: 

1. To what extent have DEA and ICE taken actions in their respective 
domestic offices to implement the provisions of the 2009 Agreement 
addressing the cross-designation of ICE agents to pursue 
counternarcotics investigations, information sharing, and 
deconfliction of counternarcotics investigations? 

2. To what extent have DEA and ICE taken actions to monitor the 
implementation of the 2009 Agreement in their respective domestic 
offices, and make needed adjustments? 

To assess the extent to which DEA and ICE have taken actions to 
implement the cross-designation, information-sharing, and 
deconfliction provisions of the 2009 Agreement, we analyzed pertinent 
documents such as the 2009 Agreement, related interagency agreements, 
directives to field offices on implementing the Agreement, policies 
and procedures for cross-designating ICE agents, and local 
deconfliction protocols.[Footnote 12] Specifically, we analyzed the 
2009 Agreement provisions affecting DEA and ICE domestic offices and 
compared DEA and ICE actions to implement these provisions with the 
requirements in the provisions. As agreed with your offices, we did 
not analyze the international provisions of the 2009 Agreement because 
these provisions pose unique sensitivity and law enforcement issues 
depending on the country or region involved. In addition, we 
interviewed DEA and ICE headquarters officials who were responsible 
for negotiating and implementing the 2009 Agreement about the 
development of the provisions of the Agreement and actions taken by 
DEA and ICE headquarters officials to implement the 2009 Agreement. We 
also assessed how the provisions of the 2009 Agreement addressed 
pertinent recommendations from our March 2009 report.[Footnote 13] 

Further, to obtain a field perspective on the 2009 Agreement and 
implementation of the provisions on cross-designation, information 
sharing, and deconfliction of counternarcotics investigations, we 
conducted interviews in 8 DEA division and 8 ICE field offices with 2 
separate groups--(1) field management and (2) first-line supervisors 
in these offices.[Footnote 14] To make our selection of DEA and ICE 
offices, we analyzed the 28 total local deconfliction protocols, 
developed per the 2009 Agreement, to identify the corresponding DEA 
(21) and ICE (26) domestic field offices responsible for implementing 
each protocol. We selected 8 DEA and 8 ICE offices, responsible for 
implementing the same protocol, using criteria such as geographic 
dispersion (i.e., northern border, southern border, and interior), the 
number of cross-designated ICE agents, and drug trafficking trends. 
[Footnote 15] The 8 DEA and 8 ICE offices that we selected were 
located in San Diego, California; Houston/San Antonio, Texas; Miami, 
Florida; Seattle, Washington; New York City/Buffalo, New York; 
Detroit, Michigan; Atlanta, Georgia; and St. Louis, Missouri/St. Paul, 
Minnesota. (See table 4 in app. I for areas covered by each of the 8 
protocols and associated DEA and ICE offices.) Among other topics, we 
asked field management and supervisors in these offices about their 
perceptions regarding any changes that had occurred due to 
implementation of the 2009 Agreement. We were not able to assess 
whether changes have actually occurred because there were no defined 
measures to demonstrate change and no quantitative data from the 
period prior to the 2009 Agreement against which to assess any changes 
even if measures had been identified. Because we conducted group 
interviews and did not select the field offices randomly, our results 
are not generalizable to all DEA and ICE field offices nationwide. 
[Footnote 16] However, this information allowed us to provide 
perspectives about the implementation of the 2009 Agreement and 
examples of the benefits and challenges of the Agreement. 

To assess the extent to which DEA and ICE have taken actions to 
monitor the implementation of the 2009 Agreement, we analyzed relevant 
documentation. This included guidance or communications to the field 
from DEA and ICE headquarters describing how the implementation of the 
2009 Agreement has been monitored. This also included documentation of 
feedback mechanisms to obtain input on how the 2009 Agreement is 
working. We compared actions taken to monitor the 2009 Agreement with 
standards of internal controls in the federal government and the 
monitoring process described in the 2009 Agreement.[Footnote 17] In 
addition, we interviewed DEA and ICE headquarters and field officials 
to ascertain actions taken to monitor and obtain feedback from the 
field on the implementation of the 2009 Agreement and identify any 
adjustments made based on the results of the monitoring process. 
Additional details on our scope and methodology are contained in 
appendix I. 

We conducted this performance audit from September 2010 through July 
2011 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. 

Background: 

DEA and ICE Missions: 

DEA is the nation's federal agency dedicated to drug law enforcement 
and accordingly, works to disrupt and dismantle the leadership, 
command, control, and financial infrastructure of major drug- 
trafficking organizations.[Footnote 18] DEA's Office of Operations 
Management is charged with supporting the domestic drug enforcement 
activities of DEA's 21 field divisions, which each have a 
corresponding field office with a DEA Special Agent in Charge (SAC) 
assigned. (See figure 1.) Each field division has Assistant Special 
Agents in Charge (ASAC) and Group Supervisors who assist the SAC with 
managing the entire division, including its smaller field offices 
headed by a Resident Agent in Charge (RAC). 

Formed in 2003 as a part of the U.S. government's response to the 
terrorist attacks on September 11, 2001, ICE's primary mission is to 
promote homeland security and public safety through the enforcement of 
federal laws governing border control, customs, trade, and 
immigration. ICE's office of Homeland Security Investigations (HSI) 
investigates immigration crime; human rights violations and human 
smuggling; smuggling of narcotics, weapons, and other types of 
contraband; financial crimes; cybercrime; and export enforcement 
issues. An important part of ICE's overall mission, drug-smuggling 
investigations, made up approximately 22-24 percent--one of the 
largest investigative categories--of ICE's total reported 
investigative hours for fiscal years 2006-2009. Within HSI, the 
Narcotics and Contraband Smuggling Unit is responsible for overseeing 
matters related to counternarcotics investigations with a connection 
to the border, including the implementation of the 2009 Agreement. 
ICE's Office of Intelligence and Analysis also has an important role 
in ensuring that counternarcotics information is shared with the 
appropriate organizations. ICE has 26 field offices in the United 
States headed by SACs who are responsible for the administration and 
management of all investigative and enforcement activities, including 
counternarcotics, within the geographic boundaries of each office. 
(See figure 1.) Similar to DEA's field office leadership, ICE also has 
ASACs and Group Supervisors to assist with managing the SAC field 
office and its smaller offices headed by a RAC. 

Figure 1: Map of DEA Domestic Field Divisions and ICE SAC Field 
Offices: 

[Refer to PDF for image: illustrated U.S. map] 

ICE SAC Field Offices: 
Atlanta; 
Baltimore; 
Boston; 
Buffalo; 
Chicago; 
Dallas; 
Denver; 
Detroit; 
El Paso; 
Houston; 
Los Angeles; 
Miami; 
Minneapolis/St. Paul; 
Newark; 
New Orleans; 
New York; 
Philadelphia; 
Phoenix; 
Seattle; 
San Antonio; 
San Francisco; 
San Juan; 
St. Louis; 
Tampa; 
Washington, D.C. 

DEA Domestic Field Divisions: 
Atlanta; 
Boston; 
Caribbean; 
Chicago; 
Dallas; 
Denver; 
Detroit; 
El Paso; 
Houston; 
Los Angeles; 
Miami; 
Newark; 
New Orleans; 
New York; 
Philadelphia; 
Phoenix; 
Seattle; 
San Antonio; 
San Francisco; 
St. Louis; 
Washington, D.C. 

Sources: GAO analysis; MapResources (map); DEA and ICE (data). 

[End of figure] 

DEA and ICE Interagency Agreements: 

Both the 1994 and 2009 Agreements contain key provisions defining 
ICE's authority to conduct counternarcotics investigations. ICE is 
authorized to investigate all immigration and customs violations 
except those involving narcotics; therefore, ICE has to request Title 
21 authority from DEA to investigate counternarcotics cases that have 
a connection to a border or port of entry. In March 2009, we reported 
that DEA's and ICE's cross-designation procedures under the 1994 
Agreement were problematic, due in part to misplaced cross-designation 
requests and the cap set in conjunction with the 1994 Agreement 
limiting the number of cross-designated agents to 1,475 agents. 
[Footnote 19] According to ICE headquarters officials, this cap 
limited ICE's ability to accomplish its mission because agents who 
were not cross-designated could not pursue border-related drug-
smuggling investigations into the United States.[Footnote 20] We 
recommended that the Attorney General and the Secretary of Homeland 
Security develop a new agreement or other mechanism to, among other 
things, provide efficient procedures for cross-designating ICE agents 
to conduct counternarcotics investigations. 

Aligned with our March 2009 report recommendation, the 2009 Agreement 
changed the process for cross-designating ICE agents with Title 21 
authority to investigate counternarcotics cases in that ICE can now 
select an unlimited number of agents for cross-designation. In 
addition, a consolidated list of prospective and approved ICE agents 
is exchanged at the ICE Assistant Secretary and DEA Administrator 
levels instead of by the field office SACs. The 2009 Agreement 
retained the 1994 Agreement's provision requiring the DEA and ICE 
field office SACs to designate an ASAC as the Title 21 Coordinator to 
manage Title 21 matters. According to ICE Narcotics and Contraband 
Smuggling Unit and DEA Operations Management officials, the Title 21 
Coordinators are to process and review cross-designation requests at 
the field office level. 

The 2009 Agreement also addressed our March 2009 recommendations by 
specifying that ICE participate fully in and staff the Fusion Center 
and the Special Operations Division. The Fusion Center is a Justice-
led interagency organization that collects and analyzes drug-
trafficking and related financial information and disseminates 
investigative leads. The Special Operations Division is a DEA-led 
interagency organization established to target the command and control 
capabilities of major drug-trafficking organizations. 

The Agreement also requires ICE to: 

* commit fully to sharing all investigative reports and records from 
open and closed investigations, including those related to drugs, 
money laundering, bulk cash smuggling and financial crimes, gangs, and 
weapons; and: 

* provide and, in turn, have access to data related to all seizures of 
money, drugs, and firearms, including date of seizure, type of 
contraband, amount, place of seizure, and geographically based data, 
when known, to the El Paso Intelligence Center (EPIC).[Footnote 21] 
This center is a DEA-led tactical intelligence center that provides 
federal, state, and local law enforcement agencies information they 
can use in investigations and operations that target drug smuggling 
and other criminal activities. 

Additionally, the 2009 Agreement states that "ICE intends to 
participate and share information to the same extent as other major 
federal partners in the Fusion Center and Special Operations Division, 
to include sharing information not yet entered into the shared 
databases." 

The 1994 and 2009 Agreements also address ICE's (legacy Customs) 
authority to pursue counternarcotics investigations. According to the 
1994 Agreement, ICE's (legacy Customs) drug-related investigations are 
"restricted to individuals and organizations involved in the smuggling 
of controlled substances across U.S. international borders or through 
Ports of Entry." In contrast, the 2009 Agreement provides that cross- 
designated ICE agents will be authorized to investigate narcotics 
smuggling with a clearly articulable nexus to the United States border 
or port of entry--only illegal drug importation/exportation schemes, 
including the activities to transport and stage the drugs within the 
United States or between the source or destination country and the 
United States. The Agreement states that an investigation does not 
have a nexus simply because at one time the narcotics crossed the 
border or came through a port of entry. The justification for a nexus 
also cannot be based solely on a buyer who purchased drugs from a 
cross-border smuggler. In addition, unless authorized as part of a 
task force or at the request of DEA, ICE agents are not to investigate 
cases of solely domestic production, sale, transportation, or shipment 
of narcotics. 

As we reported in our 2009 report, collaboration and coordination 
between the two agencies are important because of their overlapping 
responsibilities and the need to operate across agencies while 
avoiding duplicative investigations and more importantly, ensuring 
officer safety. We found in the 2009 report that while senior DEA and 
ICE officials in certain field offices had established positive 
working relationships, there was a need to institutionalize consistent 
practices at all locations. Our report also underscored that positive 
working relationships between DEA and ICE counterparts did not exist 
at all locations, resulting in the likelihood of duplication between 
agencies and incidents that could threaten law enforcement officer 
safety. The 2009 Agreement addresses how DEA and ICE are to work 
together to stop the flow of narcotics into the United States by 
outlining both agencies' cross-designation, information-sharing, and 
deconfliction responsibilities. 

DEA and ICE Have Taken Actions to Implement Cross-Designation, 
Information-Sharing, and Deconfliction Provisions of the 2009 
Agreement: 

DEA and ICE have taken actions to implement the 2009 Agreement's 
provisions. The agencies have implemented the Agreement's cross- 
designation provisions through a revised process that is more 
streamlined and has resulted in enhanced flexibility in maximizing 
investigative resources, according to ICE Narcotics and Contraband 
Smuggling Unit officials. ICE has also implemented the Agreement's 
Fusion Center and Special Operations Division information-sharing 
provisions by sharing required data with these organizations. Further, 
ICE is working to complete the transfer of data to the El Paso 
Intelligence Center. Additionally, DEA and ICE developed and 
implemented local deconfliction protocols and used a variety of 
mechanisms to deconflict counternarcotics investigations in accordance 
with the Agreement. DEA and ICE headquarters and field office 
management officials interviewed generally reported that the 
implementation of the Agreement and local deconfliction protocols had 
generally improved deconfliction. 

DEA and ICE Actions to Implement Cross-Designation Provisions Have 
Helped Maximize Investigative Resources: 

The Revised Cross-Designation Process: 

ICE took actions that fully implemented the cross-designation 
provisions of the 2009 Agreement, which revised the cross-designation 
provisions found in the 1994 Agreement, as illustrated in table 1. 

Table 1: ICE Actions to Implement the Cross-designation Provisions: 

2009 Agreement provisions[A]: 1. The Assistant Secretary for ICE was 
authorized to select an unlimited number of ICE agents, whose duties 
include investigation of narcotics cases with a clearly articulable 
nexus, i.e., connection, to the border or port of entry, for cross- 
designation by the DEA Administrator; 
Actions taken by ICE to implement the provisions: 
* In July 2009, ICE's Narcotics and Contraband Smuggling Unit 
requested that all field office SACs submit their lists of agents for 
whom they were requesting Title 21 cross-designation authority to the 
Unit; 
* ICE headquarters did not impose a limit on the number of cross-
designated agents each office could request and advised that the 
agents need for Title 21 authority would be based on whether the 
agents' duties involved counternarcotics investigations; 
GAO assessment[B]: Fully implemented. 

2009 Agreement provisions[A]: 2. The Assistant Secretary or his 
delegate will notify DEA twice yearly, or upon a request by DEA, of 
updates to the agents assigned; 
Actions taken by ICE to implement the provisions: 
* ICE modified its process as described in fig. 2 below for making 
requests for cross-designating agents by consolidating its requests 
into one updated list for approval that it submits to DEA twice a 
year, rather than submitting individual requests as was done under the 
1994 Agreement; 
* In March 2010, ICE implemented a new automated system which is a 
component of an existing database to track, update, and report ICE's 
inventory of cross-designated agents. This component allows the Title 
21 Coordinators or ASACs in each field office to update their 
respective cross-designation lists when they need to make changes; 
GAO assessment[B]: Fully implemented. 

Source: 2009 Agreement and GAO analysis of information from ICE 
Narcotics and Contraband Smuggling Unit and DEA Operations Management. 

Notes: 

[A] Provisions of the Interagency Agreement represent the intentions, 
commitments, and required actions agreed upon by DEA and ICE. 

[B] We compared and contrasted the cross-designation provisions of the 
Agreement with the actions taken by ICE to implement these provisions 
to determine the extent the agencies had implemented the Agreement in 
this area. Our determinations were based on the following categories: 

Fully implemented: met all provision requirements. 

Partially implemented: actions were taken, but further actions were 
necessary to complete the implementation of the provision. 

Not implemented: had not implemented any of the provision requirements. 

[End of table] 

Specifically, the 2009 Agreement changed the levels at which the 
requests are processed and approved, from the field office SAC level 
to the Assistant Secretary (ICE) and Administrator (DEA) level, which 
has eliminated a step in ICE's internal review of the requests. 
Additionally, to comply with the provisions of the 2009 Agreement, ICE 
and DEA modified the process for making and reviewing requests for 
cross-designating agents by consolidating the requests into one 
updated list for approval that ICE submits to DEA twice a year. 
Accordingly, DEA now provides ICE with one memorandum approving the 
ICE agents listed for cross-designation authority. Previously, under 
the 1994 Agreement, ICE and DEA exchanged individual requests and 
approvals. 

The cross-designation process was also streamlined in other ways under 
the 2009 Agreement, as depicted in figure 2. The ICE field offices 
submit their cross-designation lists to ICE's Narcotics and Contraband 
Smuggling Unit and Assistant Secretary in headquarters for review. The 
ICE Assistant Secretary provides this list to the DEA Administrator 
for review. DEA Operations Management officials request that the DEA 
field office SACs then review the list to ensure that the ICE agents 
listed have counternarcotics duties, such as serving on task forces or 
other interagency groups that investigate counternarcotics cases. 
Next, the DEA field offices are to pass the reviewed list back to 
headquarters for review and approval from DEA's Administrator. DEA 
Operations Management officials then provide the final list to ICE's 
Narcotics and Contraband Smuggling Unit. DEA approved approximately 
3,100 ICE agents for cross-designation authority following the 
implementation of the 2009 Agreement. According to DEA Operations 
Management officials, this authority remained in effect until the next 
update in January 2011. This number was more than double the number 
before the 2009 Agreement, and thus substantially increased 
investigative resources available, as discussed further below. 

Figure 2: Process Used to Request and Approve Cross-Designation 
Requests under the 2009 Agreement: 

[Refer to PDF for image: illustration] 

Cross-designation process under the 2009 agreement: 

ICE Field Office SACs: 
Reviewed cross-designation requests. 

ICE Headquarters: 
Reviews and consolidates requests into a consolidated list. 

DEA Headquarters: 
Reviews and passes the list to the field offices for review. 

DEA Field Office SACs: 
Reviewed cross-designation list. 

DEA Headquarters: 
Notification of agents approved for cross-designation to ICE 
Headquarters. 

Source: GAO analysis of DEA and ICE information. 

[End of figure] 

Both senior ICE Narcotics and Contraband Smuggling Unit officials and 
field management officials from two of the eight ICE offices we 
contacted specifically cited the development of the new component for 
tracking cross-designation requests as a benefit of the implementation 
of the 2009 Agreement because the lists can be updated in real time 
and kept current.[Footnote 22] A senior official from the ICE Unit 
reported that the new system is efficient and effective; however, ICE 
over the long term would like to develop a system to keep records for 
cross-designation requests that is searchable by agent name, among 
other items, and can accommodate the entry of comments on the agents 
requesting this authority. More importantly, according to these same 
officials, the type of system envisioned would also allow ICE 
headquarters to develop an archive that captures a record of the 
agents cross-designated during a specific time frame, which will 
assist with internal audits. ICE Unit officials reported that they 
have not yet developed this system due to resource constraints. 

Implementation of the Revised Cross-Designation Process: 

Both senior DEA and ICE headquarters' officials stated that the 2009 
Agreement's cross-designation provisions are much less bureaucratic 
and ICE officials report that the process has enhanced their 
flexibility in using investigative resources. DEA Operations and 
Management officials reported that the cross-designation process is 
more efficient since DEA now reviews one consolidated list of agents 
instead of numerous individual requests. ICE's Deputy Director 
reported that implementing the 2009 Agreement's cross-designation 
provision has been a major improvement to the process conducted under 
the 1994 Agreement. An official from the Unit explained that the 
previous cross-designation process was cumbersome for ICE agents 
because the paperwork for requesting Title 21 authority was 
complicated and time consuming. Moreover, these same officials 
reported that the list of cross-designated agents in each field office 
was continually out of date because the approval process took a long 
time and there was no mechanism in place to update the lists in real 
time. 

Similarly, management officials from seven of the eight ICE field 
offices we contacted also reported that the 2009 Agreement had 
somewhat to greatly improved the cross-designation process.[Footnote 
23] ICE officials from these seven offices reported that in addition 
to the streamlined process, the lack of a limit on the number of cross-
designated agents permitted field offices to increase the number of 
cross-designated agents available to investigate counternarcotics 
cases. One office reported that it even doubled its number of cross- 
designated agents. Moreover, the lack of a cap on the number of cross- 
designated agents and the subsequent increase has enhanced ICE's 
allocation of investigative resources for counternarcotics cases. In 
our prior work, ICE officials reported that the cap limited ICE's 
ability to accomplish its mission because agents who were not cross- 
designated could not pursue border-related drug-smuggling 
investigations into the United States.[Footnote 24] For instance, one 
ICE field office management official in a smaller interior office 
reported that the former cap was difficult because this office had a 
limited number of cross-designated agents and if one or two of these 
agents were out of the office, he did not have cross-designated agents 
for investigating counternarcotics cases. Similarly, another ICE field 
office management official reported that the 2009 Agreement allowed 
his office to have a pool of agents authorized to work 
counternarcotics investigations. Views from DEA management officials 
from the offices we contacted were mixed regarding the impact of the 
2009 Agreement on the cross-designation process. In four of the eight 
DEA field offices that we contacted, management officials reported 
that the Agreement had neither improved nor worsened the cross-
designation process. Additionally, in two of the eight DEA field 
offices, the management officials reported that the Agreement had 
somewhat to greatly improved the process.[Footnote 25] 

DEA and ICE also made revisions to the cross-designation process after 
the 2009 Agreement was implemented to respond to concerns from both 
agencies. Specifically, DEA and ICE were concerned with how to 
accommodate cross-designation needs that occur between the reviews of 
the master lists that occur every 2 years. ICE officials stated that 
they would prefer that DEA review the cross-designation list every 90 
days instead of every 2 years to capture these out-of-cycle requests. 
According to an official from ICE's Narcotics and Contraband Smuggling 
Unit, the ability of ICE to request cross-designation authority for 
agents more often than every 2 years is important. An agent working a 
nonnarcotics investigation, such as a bulk cash smuggling case, may 
over the course of the investigation require Title 21 authority to 
continue to pursue the narcotics component. Further, this official 
stated that the ability to more frequently request cross-designation 
authority, or in emergency situations, is particularly important for 
ICE's smaller field offices, which may only have one or two agents 
cross-designated but may need more agents with this authority for a 
particular investigation. 

Senior DEA Operations Management officials recognized that the 
frequent movement of ICE agents among the field offices over the 
course of 2 years justifies reviewing the master list more frequently. 
These officials explained that the most recent master list from ICE, 
which DEA reviewed, had more than 3,000 names. Reviewing updates to 
the list twice a year, instead of a master list every 2 years will, 
according to these officials, ease the review process for DEA because 
they will review a smaller update and only make changes in their 
database for those agents needing updates. 

Negotiations regarding more frequent reviews concluded in 2010 and 
resulted in specific guidance that: 

* ICE is to submit a master list of ICE agents requesting cross- 
designation authority to DEA every 2 years, but, 

* ICE is to also transmit updates to the master list to DEA by January 
5 and June 5 of each year. 

* DEA is to notify ICE by January 20 and June 20 of the status of 
these requests. 

According to senior DEA officials, they notified ICE that several of 
the agents listed on the first list ICE submitted in January 2011 as a 
result of the negotiations were no longer with the corresponding 
office or agency. ICE reevaluated the list and provided a revised 
master list to DEA, which DEA reviewed for approval of cross-
designation authority, and sent back to ICE for revisions. As of June 
30, 2011, ICE had finalized the list and was preparing to send it to 
DEA. The negotiations also specified that the cross-designation 
authority of the ICE agent is effective from the date DEA notifies 
ICE's Narcotics and Contraband Smuggling Unit of approval, which 
addresses a concern raised by an ICE official from this unit regarding 
ambiguity over the official date of effectiveness. 

In addition, DEA and ICE also addressed the process for handling 
emergency cross-designation requests that occur between the twice 
yearly updates during these negotiations. If the need arises to 
immediately cross-designate an ICE agent, due to developments in an 
investigation or the reassignment of the agent, the ICE field office 
Title 21 Coordinator is to send an e-mail, including a justification 
and an anticipated time limit for the request, to ICE's Narcotics and 
Contraband Smuggling Unit. DEA headquarters reviews the request, if 
possible, within a few hours or days and, if justified, approves cross-
designation authority for a maximum of 60 days. 

ICE Has Implemented the Majority of the Information-Sharing Provisions 
and Is in the Process of Completing the Last Provision by Transferring 
Data to the El Paso Intelligence Center: 

As we recommended in March 2009 and as required by the subsequent 2009 
Agreement, ICE has implemented the information-sharing provisions and 
is fully participating in DOJ's Fusion Center and Special Operations 
Division. ICE is also taking action to address the information-sharing 
provision regarding the sharing of drug seizure, currency, and 
firearms data with the El Paso Intelligence Center. Table 2 shows the 
specific information-sharing provisions of the 2009 Agreement and the 
actions ICE has taken to become a full partner in these organizations. 

Table 2: ICE Actions to Implement the Fusion Center, Special 
Operations Division, and El Paso Intelligence Center Provisions: 

Information-sharing entity and related 2009 Agreement provisions[A]: 
The Fusion Center collects and analyzes all-source drug and drug- 
related financial investigative information to support coordinated 
multijurisdictional investigations that are focused on disrupting and 
dismantling the most significant drug-trafficking and money laundering 
organizations; 
Provisions: 
1. Requires ICE to participate fully in and staff the Fusion Center; 
2. ICE commits fully to sharing all investigative reports and records 
from open and closed investigations, including those related to drugs, 
money laundering, bulk cash smuggling and financial crimes, gangs, and 
weapons; 
3. ICE intends to participate and share information to the same extent 
as other major federal partners in the Fusion Center and Special 
Operations Division, to include sharing information not yet entered 
into the shared database; 
Actions taken by ICE to implement provisions: 
* ICE has, according to Fusion Center officials, fully staffed the 
Center; 
* ICE headquarters issued guidance to management officials, group 
supervisors, and agents regarding the provision requirements and 
benefits, such as enhancing interagency deconfliction and cooperation, 
of partnering with DOJ's Fusion Center and Special Operations 
Division. This guidance directed that ICE fully staff and share 
information and intelligence through the Fusion Center; 
* According to Fusion Center officials, ICE completed the transfer of 
active and current (2000-present) ICE data to the Fusion Center; 
GAO assessment[B]: Fully implemented. 

Information-sharing entity and related 2009 Agreement provisions[A]: 
The Special Operations Division is a DEA-led interagency organization 
established to target the command and control capabilities of major 
drug-trafficking organizations; 
Provisions: 
1. Requires ICE to participate fully in and staff the Special 
Operations Division; 
2. ICE commits fully to sharing all investigative reports and records 
from open and closed investigations, including those related to drugs, 
money laundering, bulk cash smuggling and financial crimes, gangs, and 
weapons; 
3. ICE intends to participate and share information to the same extent 
as other major federal partners in the Fusion Center and Special 
Operations Division, to include sharing information not yet entered 
into the shared databases; 
Actions taken by ICE to implement provisions: 
* ICE Homeland Security Investigations assigned a complete 
investigative unit to the Special Operations Division. Additionally, 
ICE provided approximately $2 million a year to support this unit, 
which regularly attends Division coordination meetings to share 
information regarding investigative overlaps and strategy, and agency 
roles in investigations; 
* ICE Homeland Security Investigations issued guidance to management 
officials, group supervisors, and agents strongly encouraging the 
submission of information to the Special Operations Division and 
describing the Division's information-sharing and deconfliction 
capabilities; 
* This guidance directed that all ICE field offices provide all 
telephone numbers, including contextual case information, identified 
in any criminal investigations targeting narcotics smuggling, 
narcotics-related money laundering, and terrorism-related activity to 
ICE's Special Operations Unit, located at the Division. Specifically, 
all submissions to the Special Operations Unit must include the 
following information: case number and case title; case agent name and 
contact number; Title III (wiretap) communication number(s);[C] and; 
a detailed synopsis of the investigation and the significance of 
submitted data; 
GAO assessment[B]: Fully implemented. 

Information-sharing entity and related 2009 Agreement provisions[A]: 
The El Paso Intelligence Center is a DEA-led tactical intelligence 
center that provides federal, state, and local law enforcement 
agencies information they can use in investigations and operations 
that target drug smuggling and other criminal activities; 
Provisions: 
1. Requires ICE to provide and, in turn, have access to data related 
to all seizures of money, drugs, and firearms, including date, type of 
contraband, amount, place of seizure, and geographically based data, 
when known, to the El Paso Intelligence Center; 
Actions taken by ICE to implement provisions: 
* ICE operations officials disseminated a memorandum to all ICE 
management officials directing that, in accordance with the 2009 
Agreement's information-sharing provisions, ICE share drug, currency, 
and weapons seizure data with the Center; 
* ICE agreed to the transfer of drug, chemical, weapon, and currency 
seizure reporting maintained by ICE for the period of October 2000 to 
December 2010 and to a subsequent transfer of data covering January 
2011 to March 2011; 
* ICE has provided data to the Center, covering seizures during the 
agreed-upon time frame, which the Center is analyzing and integrating 
into its systems; 
* However, ICE has not completed its transfer of data to the Center. 
The Center and ICE expect that the subsequent data transfer and a 
schedule for regular data transfers will be complete by fall 2011; 
GAO assessment[B]: Partially implemented. 

Source: 2009 Agreement and GAO analysis of ICE Narcotics and 
Contraband Smuggling Unit, Fusion Center, Special Operations Division, 
and El Paso Intelligence Center documentation regarding the 
implementation of these provisions. 

Notes: 

[A] Provisions of the Interagency Agreement represent the intentions, 
commitments, and required actions agreed upon by DEA and ICE. 

[B] We compared and contrasted the information-sharing provisions of 
the Agreement with the actions taken by ICE to implement these 
provisions to determine the extent ICE had implemented the Agreement 
in this area. Our determinations were based on the following 
categories: 

Fully implemented: met all provision requirements. 

Partially implemented: actions were taken, but further actions were 
necessary to complete the implementation of the provision. 

Not implemented: had not implemented any of the provision requirements. 

[C] Title III of the Omnibus Crime Control and Safe Streets Act of 
1968, Pub. L. No. 90-351, 82 Stat.197, was adopted in 1968 and 
expanded in 1986. It sets procedures for court authorization of real-
time surveillance of all kinds of electronic communications, including 
voice, e-mail, fax, and Internet, in criminal investigations. 

[End of table] 

Both senior DOJ Fusion Center and DEA Special Operations Division 
officials reported that ICE is now a full partner in each of their 
respective organizations. Senior Fusion Center officials reported that 
ICE completed its data transfer ahead of schedule and is now sharing 
all required data with DOJ's Fusion Center. Senior DEA and Special 
Operations Division officials reported that ICE's information sharing 
with DOJ's Division has improved since the 2009 Agreement. These same 
officials reported that ICE increased the number of records it 
provided to the Division by approximately 51 percent from fiscal years 
2009 through 2010. Additionally, according to senior DEA and Division 
officials, ICE has filled all of its fiscal year 2010 position 
vacancies and received six additional positions for fiscal year 2011: 
three special agents and three intelligence research analysts. ICE has 
filled three of these six positions and is in the process of filling 
the remaining three vacancies. 

ICE is taking steps to complete the implementation of the information- 
sharing provision in the 2009 Agreement regarding the sharing of 
information, particularly drug seizure, currency, and firearms data, 
with the El Paso Intelligence Center. However, ICE has not yet 
transferred all of the data required by the provision to the Center. 
The Center depends on data from its law enforcement partners for 
informing, coordinating, and deconflicting counternarcotics 
investigations. A senior Homeland Security Investigations official 
reported that ICE shares information with the Center and has taken 
steps as described in table 2 to complete its implementation of this 
provision. 

According to El Paso Intelligence Center and ICE Homeland Security 
Investigations officials, ICE is working with the Center to complete 
the data transfer by fall 2011. ICE Homeland Security Investigations 
and Center officials reported that ICE has provided over 5 million 
records to the Center.[Footnote 26] Center officials requested that 
ICE provide additional follow-up data regarding Federal Drug 
Identification Numbers, which are unique identification numbers that 
EPIC assigns to each drug seizure that meets a certain threshold. 
According to Center officials, these data, which ICE failed to provide 
in the past, will assist them with determining duplicative records in 
the data set. ICE Homeland Security Investigations officials reported 
that ICE has provided the Center with Federal Drug Identification 
Number data from October 2000 to December 2010 and will include these 
data with all future transfers. 

Although the staffing of ICE personnel at the El Paso Intelligence 
Center is not required by the 2009 Agreement, Center officials 
reported that ICE has a total of 11 available positions at the Center. 
ICE filled 7 of these positions but has 4 vacancies, 2 of which 
recently occurred under emergency situations. Officials from ICE's 
Office of Intelligence and Analysis reported that these vacancies will 
be filled by the end of fiscal year 2011. 

DEA and ICE Have Implemented Deconfliction Provisions and Report That 
Overall Deconfliction Has Improved: 

DEA and ICE Have Developed Local Deconfliction Protocols: 

The 2009 Agreement established that ICE's cross-designated agents have 
the authority to investigate narcotics smuggling with a clearly 
articulable nexus to the border, and states that deconfliction is 
paramount and mandatory in investigations. Agencies deconflict to (1) 
ensure officer safety and (2) prevent one agency's law enforcement 
activity from compromising the other agency's ongoing investigation 
because agencies invest extensive time and resources in sophisticated 
law enforcement operations. Specifically, the 2009 Agreement set up a 
two-part deconfliction process that required (1) ICE to notify DEA of 
all counternarcotics investigations and DEA to notify ICE when DEA 
uncovers nondrug violations that fall under ICE's mission (e.g., alien 
smuggling or human trafficking), and (2) DEA and ICE to use various 
mechanisms to deconflict counternarcotics enforcement operations 
locally, as appropriate. As part of deconfliction, the Agreement 
encouraged DEA and ICE field offices to participate in joint 
investigations and also set the expectation that operational 
deconfliction issues were to be resolved at the lowest level of 
authority (i.e., Group Supervisor). Additionally, the Agreement 
established a headquarters entity to resolve those issues that could 
not be resolved in the field. Table 3 presents the deconfliction 
provisions of the 2009 Agreement and summarizes the actions ICE and 
DEA took to implement them. 

Table 3: DEA and ICE Actions to Implement the Provisions of the 2009 
Interagency Agreement on the Two-Part Deconfliction Process: 

2009 Agreement provisions[A]: Notification requirement: ICE is to 
notify DEA of all counternarcotics investigations. DEA is to notify 
ICE when DEA determines that a case has a connection to alien 
smuggling, nondrug-related international illicit financial schemes, 
human trafficking, or significant quantities of counterfeit or other 
nondrug contraband. DEA may invite ICE to participate in the 
investigation or refer the non-Title 21 offense to ICE. The manner of 
notification is left up to the local SACs; 
Actions taken by DEA and ICE to implement the provisions: To implement 
the notification provisions of the Agreement, DEA and ICE field 
offices implemented local deconfliction protocols; 
GAO assessment[B]: Fully implemented. 

2009 Agreement provisions[A]: Deconfliction requirement: Local DEA and 
ICE SACs are to develop written deconfliction strategies. The 
Agreement further suggests a variety of mechanisms, such as local 
deconfliction centers or a brief written notice, which might be used 
to deconflict enforcement operations (e.g., arrest warrants or 
surveillance). The manner of deconflicting in advance of enforcement 
operations is left up to the discretion of local SACs. DEA and ICE 
field offices are to invite their counterpart to participate in their 
investigations and task forces. DEA and ICE first-line supervisors are 
to resolve operational conflicts or issues in the event of an overlap 
or conflict. If a dispute cannot be resolved by first-line 
supervisors, then it is to be elevated from the first-level 
supervisor, to the Title 21 Coordinator, to the SAC; Actions taken by 
DEA and ICE to implement the provisions: To implement the 
deconfliction provisions of the Agreement, DEA and ICE field offices 
implemented local deconfliction protocols; 
GAO assessment[B]: Fully implemented. 

2009 Agreement provisions[A]: The Headquarters Review Team (HRT): 
Established by the Agreement, the HRT is to, among other things, 
resolve deconfliction and coordination issues that cannot be resolved 
at lower levels. The HRT is comprised of three senior managers each 
from DEA and ICE, with the DEA Chief of Operations serving as Chair 
and ICE Director of Operations serving as Vice Chair[C]; 
Actions taken by DEA and ICE to implement the provisions: According to 
DEA and ICE headquarters officials, the HRT convened on May 31, 2011, 
and affirmed that there were no overarching or systemic issues 
involving deconfliction or coordination that required headquarters 
resolution; 
GAO assessment[B]: Fully implemented. 

Source: 2009 Agreement and GAO analysis of ICE Narcotics and 
Contraband Smuggling Unit and DEA Operations Management documentation 
and testimonial evidence. 

Notes: 

[A] Provisions of the Interagency Agreement represent the intentions, 
commitments, and required actions agreed upon by DEA and ICE. 

[B] We compared and contrasted the deconfliction provisions of the 
Agreement with the actions taken by DEA and ICE to implement these 
provisions to determine the extent the agencies had implemented the 
Agreement in this area. Our determinations were based on the following 
categories: 

Fully implemented: met all provision requirements. 

Partially implemented: actions were taken, but further actions were 
necessary to complete the implementation of the provision. 

Not implemented: had not implemented any of the provision requirements. 

[C] The ICE Director of Operations is the Homeland Security 
Investigations (HSI) Executive Associate Director. 

[End of table] 

After the Acting DEA Administrator and Assistant Secretary for ICE 
signed the Interagency Agreement in June 2009, DEA and ICE 
headquarters directed their respective field offices to develop local 
deconfliction protocols to implement the Agreement. DEA and ICE 
headquarters provided a template to be used by corresponding DEA and 
ICE offices to develop their respective local protocol. The template 
sets out general requirements for the Title 21 Coordinator position 
and deconfliction of operational activities. As a result, SACs 
covering the 21 DEA and 26 ICE field offices signed 28 protocols in 
2010. (See appendix II.) 

The local deconfliction protocols established specific policies 
applicable to the geographic area (e.g., states) covered by the 
protocol.[Footnote 27] Each local protocol described the process and 
mechanisms to be used for notification and deconfliction, detailing 
the types of information to be provided. The protocols also addressed 
particular issues or needs of the local DEA and ICE offices. These 
topics included the identification of the respective Title 21 
coordinators; designation of points of contact in addition to the 
ASAC/Title 21 Coordinator when the protocol covered a large geographic 
area or multiple offices (e.g., protocols that included more than one 
state); invitation to DEA to participate in ICE counternarcotics 
investigations; participation in each others' groups and task forces 
within the geographic area; and the process for coordinating 
investigative activities with other federal agencies, such as U.S. 
Customs and Border Protection. 

Mechanisms That DEA and ICE Offices Reported Using to Deconflict 
Counternarcotics Investigations: 

To implement the two-part deconfliction process established by the 
2009 Agreement, DEA and ICE field offices we contacted reported using 
a variety of mechanisms. First, to implement the notification 
provisions, the eight DEA and eight ICE field offices reported using 
different mechanisms, such as through a worksheet or e-mail. In 
addition to the usual practice of deconflicting at the lowest levels, 
notification is to occur through the Title 21 Coordinators, who are 
responsible for ensuring that coordination and deconfliction take 
place. For example, ICE management in one of the offices stated that 
its office completes a deconfliction worksheet when it initiates a 
counternarcotics investigation or activity (e.g., warrants, undercover 
operations, or a controlled delivery of drugs) and sends the worksheet 
to the DEA Group Supervisor and DEA and ICE Title 21 Coordinators. The 
worksheet provides information on the investigation (e.g., the 
violation, suspect, and ICE office carrying out the investigation, 
among other things). Using this information, DEA is to determine (1) 
any overlap between this investigation and any of DEA's investigations 
and (2) whether or not DEA will provide assistance and, if so, the 
type of assistance. DEA sends its response to the ICE Group Supervisor 
and Title 21 Coordinator. 

Second, DEA and ICE field offices also reported using a variety of 
deconfliction mechanisms, including processing information through 
local deconfliction center databases, sharing plans for conducting law 
enforcement actions, and processing information through the Special 
Operations Division database to deconflict operations and targets of 
investigations. Because of differences in the availability of 
mechanisms, DEA and ICE offices may use different mechanisms to 
deconflict law enforcement actions. For example, DEA and ICE offices 
without access to a local deconfliction center may share plans or 
communicate by telephone to deconflict operations. Additionally, 
according to DEA and ICE headquarters officials, because different 
databases contain different information, DEA and ICE use different 
databases to deconflict (1) law enforcement operations and (2) targets 
of investigations.[Footnote 28] For example, to deconflict an 
operation (e.g., an arrest) to prevent potential "blue on blue" 
situations, DEA and ICE offices may use the local High Intensity Drug 
Trafficking Area (HIDTA) database to determine whether another law 
enforcement agency is conducting an action at the same location or 
vicinity.[Footnote 29] To deconflict the targets of an investigation, 
information may be processed through the Special Operations Division 
to identify any connections to another agency's investigation (e.g., 
the same phone number, name, or address). 

Specifically, the protocols for the eight corresponding DEA and ICE 
field offices that we contacted identified the local deconfliction 
center that was to be used to deconflict counternarcotics 
investigations in the respective area of operation. DEA and ICE field 
offices generally reported entering information (e.g., names, phone 
numbers, addresses, or location of the operation) into the local 
center's database to identify other agencies' operations that might 
conflict and lead to a "blue on blue" situation. In instances of a 
potential conflict, the systems usually generate contact information, 
notifying both agencies, so that the operations may be deconflicted. 
However, within the geographic area encompassed under a protocol, not 
all suboffices had access to a HIDTA database; consequently, these 
offices relied on other mechanisms to deconflict. For example, in a 
rural area or large state with a small population, an ICE agent might 
contact the local DEA office by phone, and vice versa. Field 
management or first-line supervisors in other ICE offices reported 
that they deconflicted by providing DEA with plans for a law 
enforcement activity. First-line supervisors in the eight DEA and 
eight ICE field offices reported that deconfliction usually took place 
at the lowest level--agent to agent, Group Supervisor to Group 
Supervisor, but no higher than the ASAC/Title 21 Coordinator. Any 
problems in deconfliction were elevated up the chain of command from 
the agent to the Group Supervisor, but generally not beyond the ASAC, 
and rarely to the SAC. 

In addition to the 2009 Agreement, DEA and ICE field office management 
and first-line supervisors identified other factors, such as 
colocation and task forces, that enhanced coordination and 
deconfliction between DEA and ICE in the field offices. Appendix II 
provides information on other factors that support deconfliction and 
incentives to pursue joint investigations identified by the eight DEA 
and eight ICE field offices we contacted. 

The 2009 Agreement and Local Deconfliction Protocols Generally 
Improved the Deconfliction Process: 

Field management in the DEA and ICE offices we contacted generally 
said that DEA and ICE had been taking actions to deconflict law 
enforcement actions locally prior to the implementation of the 2009 
Agreement and local protocols. However, management officials in 12 of 
the 16 DEA and ICE offices also reported that the 2009 Agreement and 
local deconfliction protocols had generally improved local 
deconfliction by mandating deconfliction and as a result better 
ensuring officer safety and maximizing resources.[Footnote 30] 

Specifically, in all of the DEA offices, field management said that 
the 2009 Agreement and local protocols had somewhat improved or 
greatly improved the deconfliction process, finding the mandatory 
deconfliction provision to be helpful.[Footnote 31] They said that the 
process had improved because the Agreement and local protocols (1) 
reminded ICE to notify DEA of ICE counternarcotics investigations, (2) 
brought more attention to the tools available for deconflicting DEA 
and ICE investigations, and (3) mandated deconfliction, which resulted 
in agents following the established policy. Moreover, among the eight 
DEA offices we contacted, first-line supervisors in five offices 
generally reported that the deconfliction process had somewhat 
improved and those in the remaining three offices generally reported 
that it had neither improved nor worsened. Specifically, supervisors 
from these three offices explained that prior to the Agreement, 
relationships between DEA and ICE had been good and such positive 
relationships continued. 

Field management officials in four of eight ICE offices responded that 
the 2009 Agreement and local protocols had somewhat or greatly 
improved the deconfliction process and officials from the remaining 
four offices responded that it had neither improved nor worsened. 
[Footnote 32] Among the offices reporting that the process had 
somewhat improved, officials from these offices explained that the 
Agreement and local protocol had created a common understanding 
between DEA and ICE as to what was expected by way of deconfliction, 
rather than leaving deconfliction to agents' good will. Moreover, 
officials said that the Agreement and protocol had gone a long way 
toward protecting officer safety by leaving little room for 
interpretation about when and how DEA and ICE were to deconflict. 
Among the ICE offices reporting that deconfliction had neither 
improved nor worsened, they said that prior to the implementation of 
the Agreement local DEA and ICE relationships had been good, local 
deconfliction centers had been working well, or there were no local 
challenges. First-line supervisors in seven of eight ICE offices 
generally reported that the deconfliction process had neither improved 
nor worsened. 

DEA Notification to ICE and ICE Understanding of the Nexus to the 
Border: 

DEA Notification to ICE: 

Even with generally reported improvement in deconfliction between DEA 
and ICE as a result of the two-part deconfliction process provided for 
in the 2009 Agreement, ICE Narcotics and Contraband Unit officials saw 
the need to expand notification by DEA into two areas not covered by 
the Agreement. First, these officials said that DEA's providing 
notification to ICE of DEA counternarcotics investigations on the 
border would be helpful. Similarly, ICE management officials and first-
line supervisors in three of the eight ICE field offices and 
supervisors in a fourth office generally believed that DEA should 
notify ICE of counternarcotics investigations that might overlap with 
an ICE investigation, such as those along the border, to avoid 
possible "blue on blue" situations as well as duplication of effort. 
For example, according to ICE management in one office, ICE may be 
investigating an organization that is moving people north or guns 
south across the southern border, while DEA is investigating the drug- 
trafficking activities of the same organization. Second, ICE Narcotics 
and Contraband Unit officials said that DEA notification of ICE of DEA 
financial investigations of bulk cash also would be helpful. 

However, DEA headquarters officials believed that notification issues 
had been resolved during the negotiation of the 2009 Agreement and 
underscored that ICE officials had not raised these issues at the May 
31, 2011, meeting of the HRT. Specifically, with regard to DEA 
notifying ICE of DEA bulk cash investigations, DEA headquarters 
officials said that the issue had been resolved during the negotiation 
of the 2009 Agreement. They explained that, at that time, DEA and ICE 
officials had agreed not to require DEA to notify ICE of DEA 
counternarcotics investigations involving quantities of currency or 
currency equivalents (e.g., gold, natural resources, real estate, 
precious gems), because it would be too burdensome to DEA as most DEA 
counternarcotics investigations involve drug proceeds.[Footnote 
33],[Footnote 34] DEA headquarters officials said that it was not 
feasible for DEA to notify ICE of every investigation involving drug 
proceeds, but observed that the expansion of ICE's bulk cash section 
at the El Paso Intelligence Center and the information available 
through the section might help to mitigate this situation. 

ICE's Office of Intelligence and Analysis officials told us that ICE's 
Bulk Cash Smuggling Center, located in Vermont, was working with the 
El Paso Intelligence Center to establish a Bulk Cash Smuggling Center 
Intake and Analysis Section at the El Paso Intelligence Center. These 
officials and El Paso Intelligence Center officials said that as of 
June 2011, they were finalizing the protocols that will be used. 
Additionally, ICE's Assistant Director for Operations stated that the 
bulk cash section at the El Paso Intelligence Center will help 
deconflict and share information with state and local law enforcement 
and eventually provide a useful repository of bulk cash information. 

Furthermore, ICE's Assistant Director for Operations stated that 
during the HRT meeting, ICE did not raise the issue of DEA notifying 
ICE of DEA counternarcotics investigations, specifically those 
involving currency or currency equivalents. According to this 
official, ICE management has evaluated this issue and concluded that 
such notification was not necessary so long as DEA agents use the 
local deconfliction centers and ICE agents continue to communicate 
with DEA locally. She said that the existing and newly established 
deconfliction mechanisms are sufficient to provide notification. ICE's 
Assistant Director for Operations also said that all SACs are aware 
that ICE is proceeding with the implementation of the 2009 Agreement 
and at the next leadership conference, ICE headquarters will reaffirm 
this message. DEA and ICE agreed that no modifications to the 
Agreement will be pursued at this time and issues raised by either 
agency will be resolved as their relationship develops. She further 
stated that if deconfliction mechanisms are found to be insufficient 
in the future, ICE would pursue discussions with DEA regarding 
notification. 

ICE's Understanding of the Nexus to the Border: 

According to our March 2009 report, lack of parameters for what 
constitutes a border or port-of-entry smuggling operation hindered 
collaboration between DEA and ICE.[Footnote 35] The 2009 Agreement 
sought to clarify the parameters of ICE's Title 21 authority and what 
constitutes a clearly articulable nexus to the border by specifying 
that an investigation does not have a nexus simply because at one time 
the narcotics crossed the border or came through a port of entry or 
solely because a buyer purchased drugs from a cross-border smuggler. 

Regarding the extent to which the Agreement affected the understanding 
of the nexus to the border among DEA and ICE agents, the DEA and ICE 
offices we contacted varied in their responses. Specifically, field 
management from five of eight DEA offices reported that the 
understanding had somewhat or greatly improved, and in the remaining 
offices, officials from two reported that the understanding neither 
improved nor worsened and one reported it somewhat worsened. For 
example, officials in one of the five DEA offices explained that the 
determination of the nexus begins with ICE providing DEA with a plan 
for an operation, which prompts discussions between DEA and ICE agents 
and first-line supervisors regarding ICE's role in the investigations. 
These officials reported that in their respective areas of operation, 
they had no issues in determining nexus. In the one DEA office, 
officials--both management and first-line supervisors--reported that 
the understanding of the nexus had somewhat worsened because of the 
way in which their ICE counterparts were interpreting the nexus, 
despite its being defined in the Agreement. (See below.) In contrast, 
ICE management in all eight of the offices contacted responded that 
the understanding of the nexus had neither improved nor worsened. 
However, the explanation for the responses varied, including (1) the 
2009 Agreement had not changed the meaning of the nexus; (2) the nexus 
is determined on a case-by-case basis; (3) the local DEA office had 
never raised questions about ICE's determination of a nexus or, if it 
did, the DEA and ICE Group Supervisors or Title 21 Coordinators 
resolved the issue quickly. In terms of first-line supervisors, all 
ICE and five of eight DEA offices generally reported that the 
Agreement and local protocols had neither improved nor worsened the 
understanding of the nexus to the border. The supervisors in the 
remaining three DEA offices generally reported that the understanding 
of nexus had improved. 

Although DEA and ICE officials said there was a general understanding 
of the nexus, officials from DEA and ICE field offices identified two 
issues that still posed issues to agents determining nexus to the 
border in some offices. First, field management in three of the eight 
DEA offices, as well as first-line supervisors in two of eight 
offices, for a total of four DEA offices, said they were confused 
about the corresponding ICE office's interpretation of the nexus in 
some cases.[Footnote 36] They raised the concern that ICE agents were 
not following the Agreement by stating that a particular investigation 
has a nexus to the border because "all drugs come across the border," 
thereby allowing ICE to pursue the investigation. The continued 
misunderstanding of the nexus was underscored when an ICE Group 
Supervisor from one of the corresponding ICE offices explained to us 
that it was easy to articulate a nexus to the border and justify ICE's 
pursuing a counternarcotics investigation, because cocaine, marijuana, 
and heroin are not grown in the United States but come from across the 
border. However, other ICE supervisors participating in the interview 
said that solely the fact that drugs come over the border was not 
adequate justification to show a nexus, but other factors, such as the 
individual's involvement in an international trafficking organization, 
had to be considered. Similarly, an ICE headquarters Narcotics and 
Contraband Smuggling Unit official said that ICE's counternarcotics 
investigations are to involve the staging, transporting, importing, or 
exporting of drugs and the argument that all drugs cross the border 
was not sufficient to show the nexus for such an investigation. 

Second, first-line supervisors in two of eight ICE offices said that 
the involvement of foreign nationals in drug trafficking should be 
justification for ICE to pursue a counternarcotics investigation in 
light of ICE's immigration responsibilities.[Footnote 37] However, 
field management in the corresponding DEA offices raised the concern 
that this interpretation of the nexus led to ICE's investigation of 
domestic drug cases (e.g., alien criminal gangs selling drugs retail 
within the United States), which is not in compliance with the 
Agreement. ICE headquarters Narcotics and Contraband Smuggling Unit 
officials told us that for ICE to be able to pursue a Title 21 
counternarcotics investigation, it was not sufficient that criminal 
aliens were selling drugs; the criminal aliens had to be involved in 
staging or smuggling drugs. If the drug activity is domestic, then ICE 
is to turn the investigation over to DEA. 

Both DEA and ICE headquarters officials said that issues related to 
nexus were generally being handled by field office managers at the 
local level. ICE's Assistant Director for Operations said that the 
nexus issue (1) had not been elevated to her level within ICE and (2) 
DEA had not raised it at the HRT. This official said that she spoke 
with the SACs regularly and they had raised the nexus issue in very 
few circumstances. She explained that nexus issues associated with a 
specific case are resolved at the local level. Similarly, ICE 
headquarters HSI officials said that resolving nexus issues between 
DEA and ICE is a local leadership issue, not a matter for ICE 
headquarters. Furthermore, they said it was not possible to craft 
guidance that specifically defines what a nexus is and lays out what 
DEA and ICE investigates. At headquarters, DEA senior officials said 
that they believed that ICE headquarters officials understood the 
meaning of a "clearly articulable nexus to the border" and 
corresponding DEA and ICE field offices were generally not 
experiencing issues, although individual ICE agents may misinterpret 
the nexus to pursue a particular investigation. These officials said 
that if ICE follows the language in the 2009 Agreement, there is no 
problem. 

DEA and ICE Have Primarily Used Established Processes to Monitor the 
Agreement, and the Headquarters Review Team Did Not Identify Any 
Systemic Issues: 

According to DEA and ICE officials, the agencies have each primarily 
used established processes to monitor the implementation of the 2009 
Agreement. DEA and ICE conducted ongoing monitoring of implementation 
and did not identify any systemic implementation issues. According to 
DEA and ICE headquarters officials, the May 2011 meeting of the HRT 
constituted a review of the 2009 Agreement and affirmed that there 
were no overarching or systemic issues of coordination or 
deconfliction requiring headquarters-level intervention. 

DEA and ICE headquarters officials told us that during the first year 
of the 2009 Agreement they conducted ongoing monitoring through agency 
management and supervisory activities, as well as through other 
oversight mechanisms (e.g., e-mails and phone calls) to identify any 
systemic implementation issues. Such ongoing monitoring is consistent 
with internal control standards, which call for ongoing monitoring to 
occur in the course of normal operations (i.e., regular management and 
supervisory activities). 

Specifically, DEA headquarters officials told us that they had 
continuously monitored the implementation of the 2009 Agreement during 
the first year of implementation because they found this approach to 
be advantageous. To ensure that the 2009 Agreement was being properly 
implemented, monitoring was conducted at various levels of DEA. 
According to DEA headquarters officials, the DEA Administrator and 
ICE's Assistant Secretary met regularly, as did the DEA and ICE Deputy 
Chiefs of Operations.[Footnote 38] DEA headquarters routinely 
coordinated with field offices, as well as ICE headquarters, to 
ascertain how the Agreement was working in the field. DEA's Deputy 
Operations Chief spoke with the SACs on a regular basis to help 
monitor implementation of the Agreement. Similarly, ICE's Deputy 
Director said that monitoring activities occurred both internal to ICE 
and in conjunction with DEA. For instance, both ICE headquarters and 
field management said that they discussed the implementation of the 
2009 Agreement with their DEA counterparts and the DEA and ICE Title 
21 ASACs held regular meetings. Additionally, ICE headquarters' 
Narcotics and Contraband Smuggling Unit established a Title 21 e-mail 
box to solicit feedback from the field offices on the implementation 
of the 2009 Agreement, but as of June 2011, the Unit Chief said that 
he had not received any systemic complaints through this mechanism. 

DEA and ICE field office management and first-line supervisors in the 
16 offices said that the usual mechanism for providing feedback on 
field issues is through the supervisory chain of command--agent to 
Group Supervisor to ASAC to SAC. DEA and ICE first-line supervisors 
said that they usually resolved issues at the case agent, Group 
Supervisor, and ASAC levels, but infrequently elevated them to the SAC 
level because they were usually able to resolve them at the lower 
levels. In the 16 offices, supervisors said that they would use the 
chain of command to raise issues or provide feedback. For example, if 
their agents raised issues regarding the 2009 Agreement, they would 
provide this feedback to their appointed Title 21 Coordinator. 
Similarly, DEA and ICE ASACs reported using their chain of command to 
report any issues with the 2009 Agreement and Title 21 matters. Field 
management officials in the 8 ICE offices reported being asked by ICE 
headquarters whether they had any problems or issues regarding the 
implementation of the Agreement. In the 8 DEA offices, field 
management officials said that issues with the Agreement would be 
passed to DEA headquarters through the chain of command. 

DEA and ICE headquarters officials said that, as of June 2011, the 
agencies had not identified any problems affecting the implementation 
of the 2009 Agreement which could not be addressed through the chain 
of command. With the exception of the issues leading to the 
modification of the procedures for updating the cross-designation 
list, previously discussed, DEA and ICE headquarters and field office 
officials interviewed reported that no issues affecting the 
implementation of the 2009 Agreement had been raised through its 
monitoring mechanisms. Additionally, they said that no issues had been 
raised that required the intervention of the HRT to resolve. DEA and 
ICE field management and first-line supervisors in all 16 of the 
offices we contacted reported that they had provided no substantial 
feedback on concerns regarding the 2009 Agreement to their respective 
headquarters. Moreover, field management in 7 of the 8 DEA field 
offices and 5 of the 8 ICE field offices specifically stated that they 
had not forwarded any issues up the chain of command.[Footnote 39] 

Our review substantiated two issues that were raised through the chain 
of command and were resolved without convening the HRT. The first, as 
previously discussed, was that DEA and ICE negotiated and agreed to 
modifications to the process for cross-designating ICE agents 
established under the 2009 Agreement. The second issue involved DEA 
field office concerns regarding what they believed to be an expansion 
of ICE's role in investigating drug-related bulk cash cases at 
international airports (e.g., following the cash on flights within the 
United States and beyond the border), which had been raised through 
the DEA chain of command. The DEA Deputy Operations Chief confirmed 
that he had received phone calls from DEA field offices regarding this 
matter, discussed the issue with his ICE counterpart, and identified 
the source of the confusion to be an ICE draft policy that several ICE 
field offices had implemented. After resolving the issue with ICE 
headquarters, he said that he contacted the DEA offices involved and 
provided the correct information. He said that DEA field management in 
the offices that had raised the issue then worked with their ICE 
counterparts to resolve the issue locally. 

However, as previously discussed, DEA and ICE field management and 
first-line supervisors identified two issues that continued after the 
implementation of the Agreement and had not been resolved through 
existing mechanisms. First, management and first-line supervisors in 
three of the eight ICE field offices and first-line supervisors in a 
fourth office generally believed that DEA should notify ICE of DEA 
counternarcotics investigations that might overlap with an ICE 
investigation, such as those along the border, and investigations 
involving bulk cash. As previously discussed, DEA believed that the 
notification issue had been resolved during the negotiation of the 
Agreement and noted that ICE had not raised the issue at the HRT. 
ICE's Assistant Director for Operations confirmed that ICE did not 
raise the notification issue having concluded that such notification 
was not necessary so long as DEA agents use the local deconfliction 
centers and ICE agents continue to communicate with DEA locally. She 
said that the existing and newly established deconfliction mechanisms 
are sufficient to provide notification. 

Second, management or first-line supervisors in four of eight DEA 
field offices said that ICE agents in their area continued to 
experience challenges regarding the determination of a nexus to the 
border.[Footnote 40] DEA and ICE headquarters officials believed that 
the Agreement clearly defined what constituted a nexus to the border. 
Specifically, these DEA officials said that if ICE follows the 
language in the 2009 Agreement, there is no problem that could not be 
resolved in the field. ICE's Assistant Director for Operations said 
that the nexus issue (1) had not been elevated to her level within ICE 
and (2) DEA had not raised it at the HRT. This official explained that 
nexus issues associated with specific cases are resolved in the field. 

In May 2011, subsequent to our interviews, ICE headquarters sent out 
an 11-question survey seeking input from ICE field office SACs as well 
as ICE Attachés, assigned to international offices, in an effort to 
measure the effectiveness of the Agreement. The survey questions 
addressed the four core areas of the Agreement: information sharing 
between ICE and DEA; ICE Title 21 authority; Title 21 deconfliction 
and operational coordination; and foreign investigations. Respondents 
were asked to answer the questions using a 5-point scale from strongly 
agree to strongly disagree and provide a brief statement and specific 
examples, if possible, if they responded disagreed or strongly 
disagreed.[Footnote 41] ICE's Deputy Director told us that such a 
survey could be helpful in determining how well the Agreement was 
working in field offices, especially before a meeting of the HRT. 

According to ICE, the SACs surveyed generally reported that the 2009 
Agreement had helped to define and streamline the cross-designation 
process, but the effect of the Agreement on deconfliction between DEA 
and ICE was negligible because local protocols existed prior to the 
implementation of the Agreement. Additionally, while all SACs reported 
that the Agreement had formalized the information-sharing process, 
some SACs expressed frustration over DEA not having to share 
information with ICE to the same extent as ICE was required to share 
information with DEA. That is, according to ICE's Assistant Director 
for Operations, the survey identified the same issue raised during our 
ICE field office interviews, as previously discussed--DEA providing 
notification to ICE of DEA counternarcotics investigations that might 
overlap with an ICE investigation, such as those along the border, and 
investigations involving bulk cash. However, according to ICE, the 
purpose of the Agreement was to delegate DEA's Title 21 enforcement 
authorities to ICE, which requires information sharing on ICE's 
behalf, not to address overall information sharing between DEA and 
ICE. Furthermore ICE's Assistant Director for Operations told us that 
ICE leadership did not believe that the issue was pervasive enough to 
change the provisions of the 2009 Agreement and ICE headquarters will 
communicate this position at its next leadership conference. 
Additionally, this official said that respondents did not raise any 
issues regarding the interpretation of the nexus to the border. 
Similarly, ICE managers we interviewed did not identify issues 
regarding the interpretation of the nexus, although our review 
identified DEA field office concerns about ICE's interpretation of the 
nexus in some cases. 

In our March 2009 report, we recommended that the Attorney General and 
the Secretary of Homeland Security develop processes for periodically 
monitoring the implementation of the new MOU or other mechanism to be 
established between DEA and ICE, and make any needed adjustments. 
[Footnote 42] The 2009 Agreement provides for monitoring through the 
HRT, which is to periodically review the performance of the Agreement. 
The Agreement called for the HRT to review the performance of the 
Agreement after 1 year and then every 2 years, or at any time, upon a 
written request by either DEA or ICE. The reviews are to be the joint 
responsibility of the DEA Chief of Operations and ICE Director of 
Investigations, or their designees, and both DEA and ICE are to 
cooperate in resolving any issues and executing any necessary or 
appropriate modifications to the 2009 Agreement. Monitoring through 
the HRT is consistent with internal control standards, which state 
that separate evaluations of control, in addition to ongoing 
monitoring, can also be useful, but their scope and frequency should 
depend primarily on the assessment of risks and the effectiveness of 
ongoing monitoring procedures. 

According to DEA and ICE headquarters officials, the HRT convened on 
May 31, 2011. ICE officials said that DEA and ICE met at that time 
because it was one of the first available dates the senior level 
officials from both agencies had sufficient time in their schedules to 
convene an HRT. Up to that time no deconfliction or coordination 
issues requiring the HRT to intervene had been raised. The HRT meeting 
affirmed that there were no overarching or systemic issues of 
coordination or deconfliction which would require headquarters-level 
resolution. DEA and ICE agreed to keep the lines of communication open 
between them to promptly resolve any systemic issues which could not 
be reconciled at the lowest possible level. Additionally, the HRT 
meeting also constituted a review of the 2009 Agreement. The 
participants agreed that future reviews would be conducted in 
accordance with the time line outlined in the Agreement. Accordingly, 
the next review is to occur in 2013, provided there are no requests 
from either agency to conduct a review in the interim. 

Agency Comments and Our Evaluation: 

We requested comments on a draft of this report from DOJ and DHS. DOJ 
did not provide official written comments to include in our report. 
However, in an e-mail received on July 19, 2011, the DEA liaison 
stated that DEA appreciated the opportunity for review and comment on 
the draft report and DEA had no further comments. DEA provided written 
technical comments, which we incorporated as appropriate. We received 
written comments from DHS on the draft report, which are reproduced in 
full in appendix IV. DHS thanked GAO for the opportunity to review and 
comment on the draft report and stated its appreciation for GAO's work 
in planning and conducting its review and issuing the report. DHS 
further noted the report's positive acknowledgment that ICE and DEA 
have taken actions to enhance interagency collaboration in combating 
narcotics trafficking, and that these actions have, in part, helped 
maximize resources available to conduct counternarcotics 
investigations. Additionally, ICE provided written technical comments, 
which we incorporated as appropriate. 

We are sending copies of this report to the Attorney General and 
Secretary of Homeland Security. The report is also available at no 
charge on GAO's Web site at [hyperlink, http://www.gao.gov. If you or 
your staff have any questions concerning this report, please contact 
Eileen Larence at (202) 512-6510 or by e-mail at larencee@gao.gov. 
Contact points for our Offices of Congressional Relations and Public 
Affairs may be found on the last page of this report. GAO staff who 
made major contributions to this report are listed in appendix V. 

Signed by: 

Eileen R. Larence: 
Director, Homeland Security and Justice Issues: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

Our overall objective was to assess the status of the implementation 
of the 2009 Interagency Cooperation Agreement (2009 Agreement) between 
the Drug Enforcement Administration (DEA) and Immigration and Customs 
Enforcement (ICE) on counternarcotics investigations. This report 
addresses the following questions: 

1. To what extent have DEA and ICE taken actions in their respective 
domestic offices to implement the provisions of the 2009 Agreement 
addressing the cross-designation of ICE agents to pursue 
counternarcotics investigations, information sharing, and 
deconfliction of counternarcotics investigations? 

2. To what extent have DEA and ICE taken actions to monitor the 
implementation of the 2009 Agreement in their respective domestic 
offices, and make needed adjustments? 

To assess the extent to which DEA and ICE have taken actions to 
implement the cross-designation, information-sharing, and 
deconfliction provisions of the 2009 Agreement, we analyzed 
documentary and testimonial evidence from DEA and ICE officials 
responsible for negotiating and implementing the Agreement. 
Specifically, we analyzed the 2009 Agreement to determine how it 
establishes policies and procedures for cross-designating ICE agents 
to conduct counternarcotics investigations, provides for the sharing 
of information pertinent to counternarcotics investigations, and 
addresses deconfliction and coordination between DEA and ICE on 
counternarcotics investigations. As agreed with your offices, we did 
not analyze the international provisions of the 2009 Agreement because 
these provisions pose unique sensitivity and law enforcement issues 
depending on the country or region involved. We also compared and 
contrasted the provisions of the 2009 Agreement with the prior 1994 
DEA and U.S. Customs Service interagency agreement to determine 
similarities and differences in their provisions and assess how the 
2009 Agreement addresses the pertinent recommendations in our March 
2009 report.[Footnote 43] Additionally, we analyzed related 
interagency agreements (e.g., the August 2009 Agreement between the 
Organized Crime Drug Enforcement Task Force (OCDETF)[Footnote 44] and 
ICE) augmenting the provisions of the 2009 Agreement to determine the 
extent to which DEA and ICE are to coordinate and share 
information.[Footnote 45] Additionally, we interviewed DEA and ICE 
headquarters officials responsible for negotiating the 2009 Agreement 
to determine the priorities of each agency, issues on which the 
agencies differed, how officials negotiated and resolved these 
differences, and any remaining challenges. 

Furthermore, we analyzed relevant DEA and ICE headquarters 
documentation used to disseminate information on the provisions in the 
2009 Agreement to DEA and ICE field offices, including directives to 
field offices describing actions to be taken to implement the 
Agreement, guidance for developing and establishing local 
deconfliction protocols, and policies and procedures to implement the 
provisions for cross-designating ICE agents to conduct 
counternarcotics investigations. Additionally, we compared and 
contrasted the cross-designation, information-sharing, and 
deconfliction provisions of the Agreement with the actions taken by 
DEA and ICE to implement these provisions to determine the extent the 
agencies had implemented the Agreement in these three areas. Two GAO 
analysts independently reviewed the information on actions DEA and ICE 
took related to each provision to determine the extent to which they 
were addressed and compared their results. No differences occurred 
between these analysts' assessments. Specifically, we determined 
whether these actions were (1) fully implemented--met all provision 
requirements; (2) partially implemented--met some but not all 
provision requirements (i.e., actions were taken, but further actions 
were necessary to complete the implementation of the provisions); or 
(3) not implemented--had not implemented any of the provisions of the 
Agreement. 

In addition, to obtain a field perspective on the provisions of the 
2009 Agreement and its implementation, we conducted telephone 
interviews in DEA and ICE field offices with two separate groups--(1) 
field management and (2) first-line supervisors in selected offices. 
Specifically, we interviewed: 

* Management-level officials, including the Special Agent in Charge 
(SAC) and Assistant Special Agents in Charge (ASAC), particularly 
those ASACs assigned by their respective DEA or ICE offices to serve 
as Title 21 coordinators, who are to ensure cooperation, 
communication, coordination, and deconfliction in Title 21 matters 
affecting their respective offices;[Footnote 46] and: 

* First-line supervisors, including Resident Agents in Charge (RAC) 
and Group Supervisors, who are responsible for supervising agents, 
have experience coordinating with their DEA or ICE counterparts on 
drug investigations, and are located in the areas covered by the 
protocol. 

To make our selection of DEA and ICE offices, we analyzed the total 28 
local deconfliction protocols, developed per the 2009 Agreement, to 
identify the corresponding DEA (21) and ICE (26) domestic field 
offices responsible for implementing each protocol. We selected 8 DEA 
and 8 ICE offices, responsible for implementing the same protocol. To 
make our selection we used the following criteria: geographic 
dispersion (e.g., northern border, southern border, and interior); the 
number and proportion of ICE agents cross-designated to conduct 
counternarcotics investigations; unique provisions in the local 
deconfliction protocols, which vary from the template DEA and ICE 
headquarters distributed to the field offices; metropolitan areas most 
often identified as originating and receiving drug shipments by the 
Department of Justice's 2010 National Drug Threat Assessment; and 
sites recommended by DEA or ICE headquarters officials to illustrate 
different enforcement situations that could affect implementation of 
the Agreement. The 8 corresponding offices we selected were: San 
Diego, California; Houston/San Antonio, Texas; Miami, Florida; 
Seattle, Washington; New York City/Buffalo, New York; Detroit, 
Michigan; Atlanta, Georgia; and St. Louis, Missouri/St. Paul, 
Minnesota.[Footnote 47] Table 4 shows the area covered by the eight 
protocols and the corresponding DEA and ICE offices responsible for 
implementing each of these protocols. 

Table 4: Geographic Coverage of the Local Deconfliction Protocols for 
the Associated 8 DEA and 8 ICE Offices Selected: 

Geographic coverage of protocol: San Diego/Imperial County, California; 
DEA field office: San Diego, California; 
ICE field office: San Diego, California. 

Geographic coverage of protocol: Houston/Galveston/San Antonio/ 
Beaumont/Austin/Brownsville/McAllen/Laredo/Eagle Pass/Waco/Del Ray 
(South Texas)/Del Rio/Corpus Christi, Texas; 
DEA field office: Houston, Texas; 
ICE field office: Houston/San Antonio, Texas. 

Geographic coverage of protocol: Ohio/Michigan; 
DEA field office: Detroit, Michigan; 
ICE field office: Detroit, Michigan. 

Geographic coverage of protocol: Georgia/North Carolina/South 
Carolina/Tennessee; 
DEA field office: Atlanta, Georgia; 
ICE field office: Atlanta, Georgia. 

Geographic coverage of protocol: Washington/Oregon/Idaho/Alaska; 
DEA field office: Seattle, Washington; 
ICE field office: Seattle, Washington. 

Geographic coverage of protocol: Iowa/Nebraska/South Dakota; 
DEA field office: St. Louis, Missouri; 
ICE field office: St. Paul, Minnesota. 

Geographic coverage of protocol: Miami/Florida; 
DEA field office: Miami, Florida; 
ICE field office: Miami, Florida. 

Geographic coverage of protocol: New York State; 
DEA field office: New York City, New York; 
ICE field office: New York City/Buffalo, New York. 

Source: GAO analysis of DEA/ICE local deconfliction protocols. 

[End of table] 

During these interviews, we discussed the actions taken by the field 
offices to implement the 2009 Agreement; field perspectives on how the 
Agreement was working (e.g., the extent to which the Agreement 
addressed problems; if it did, how was this done; and, if not, any 
possible solutions); implementation of local deconfliction protocols 
(e.g., the extent to which they addressed problems; if they did, how 
was this done; and, if not, any possible solutions); benefits and 
challenges of the 2009 Agreement; and any remaining challenges and 
possible solutions. We analyzed the information obtained through the 
interviews and summarized the views of each group. For each field 
site, we compared and contrasted the perspectives of DEA and ICE 
interviewees to identify similarities and differences in their views. 
We compared and contrasted headquarters officials' views as they 
relate to field officials' views. We analyzed the actions taken using 
the 2009 Agreement. Additionally, we analyzed whether each agency's 
measures for assessing performance support participation in 
interagency investigations. (See appendix II.) 

Furthermore, we asked officials in DEA and ICE field offices about 
their perceptions of any changes that had occurred due to 
implementation of the 2009 Agreement. However, we were not able to 
assess whether changes have actually occurred because there were no 
defined measures to demonstrate change and no quantitative data from 
the period prior to the Agreement against which to assess any changes 
even if measures had been identified. 

Because we conducted group interviews and did not select the field 
offices randomly, our results are not generalizable to all DEA and ICE 
field offices nationwide.[Footnote 48] However, this information 
allowed us to provide perspectives about the implementation of the 
2009 Agreement and illustrative examples of what is and is not working 
well. 

To assess the extent to which DEA and ICE have taken actions to 
monitor the implementation of the 2009 Agreement in domestic offices 
and make any needed adjustments, we analyzed the 2009 Agreement to 
identify actions to be taken to monitor its implementation and any 
documentation, such as guidance or communications to the field from 
DEA and ICE headquarters describing how the implementation of the 
Agreement has been monitored and any mechanisms in place to obtain 
information on how the Agreement is working in the field. We compared 
and contrasted any actions taken to implement the monitoring of the 
Agreement with internal control standards in the federal government 
and the monitoring process described in the 2009 Agreement.[Footnote 
49] 

In addition, we interviewed DEA and ICE headquarters officials to 
ascertain actions taken to monitor and obtain feedback from the field 
on the implementation of the 2009 Agreement and identify any 
adjustments made based on the results of the monitoring process. Also, 
in our interviews of DEA and ICE management officials and first-line 
supervisors in selected offices, we asked about any actions taken to 
monitor the implementation of the Agreement in their offices, as well 
as mechanisms available to the field to provide feedback to 
headquarters on how the 2009 Agreement is working. Information from 
the interviews is not generalizable to all DEA and ICE field offices 
nationwide, but provided illustrative examples of these efforts. 

We conducted this performance audit from September 2010 through July 
2011 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. 

[End of section] 

Appendix II: Local Deconfliction Protocols, Deconfliction Mechanisms, 
Additional Factors Affecting Deconfliction, and Incentives for Joint 
Investigations: 

After the Acting DEA Administrator and Assistant Secretary for ICE 
signed the Interagency Agreement in June 2009, DEA and ICE 
headquarters directed their respective field offices to develop local 
deconfliction protocols to implement the Agreement. As a result, SACs 
covering the 21 DEA and 26 ICE field offices signed 28 protocols in 
2010. Table 5 presents the area covered by each of the 28 protocols 
and the respective DEA and ICE office of the SAC who signed the 
protocol. 

Table 5: Twenty-Eight Local Deconfliction Protocols and Associated DEA 
and ICE Offices: 

Geographic coverage of protocol: San Diego/Imperial County, California; 
DEA field office: San Diego, California; 
ICE field office: San Diego, California. 

Geographic coverage of protocol: Houston/Galveston/San Antonio/ 
Beaumont/Austin/Brownsville, McAllen/Laredo/Eagle Pass/Waco/Del Ray 
(South Texas)/Del Rio/Corpus Christi, Texas; 
DEA field office: Houston, Texas; 
ICE field office: Houston/San Antonio, Texas. 

Geographic coverage of protocol: Ohio/Michigan; 
DEA field office: Detroit, Michigan; 
ICE field office: Detroit, Michigan. 

Geographic coverage of protocol: Georgia/North Carolina/South 
Carolina/Tennessee; 
DEA field office: Atlanta, Georgia; 
ICE field office: Atlanta, Georgia. 

Geographic coverage of protocol: Washington/Oregon/Idaho/Alaska; 
DEA field office: Seattle, Washington; 
ICE field office: Seattle, Washington. 

Geographic coverage of protocol: Iowa/Nebraska/South Dakota; 
DEA field office: St. Louis, Missouri; 
ICE field office: St. Paul, Minnesota. 

Geographic coverage of protocol: Miami/Florida; 
DEA field office: Miami, Florida; 
ICE field office: Miami, Florida. 

Geographic coverage of protocol: New York; 
DEA field office: New York City, New York; 
ICE field office: New York City/Buffalo, New York. 

Geographic coverage of protocol: Colorado/Montana/Utah/Wyoming; 
DEA field office: Denver, Colorado; 
ICE field office: Denver, Colorado. 

Geographic coverage of protocol: New England Field Offices; 
DEA field office: Boston, Massachusetts; 
ICE field office: Boston, Massachusetts. 

Geographic coverage of protocol: Eastern and Western Kentucky; 
DEA field office: Detroit, Michigan; 
ICE field office: Chicago, Illinois. 

Geographic coverage of protocol: Phoenix, Arizona; 
DEA field office: Phoenix, Arizona; 
ICE field office: Phoenix, Arizona. 

Geographic coverage of protocol: Minnesota/North Dakota; 
DEA field office: Chicago, Illinois; 
ICE field office: St. Paul, Minnesota. 

Geographic coverage of protocol: El Paso/Midland/Alpine, Texas /New 
Mexico; 
DEA field office: El Paso, Texas; 
ICE field office: El Paso, Texas. 

Geographic coverage of protocol: Central District of California (Los 
Angeles) and Southern Nevada (Las Vegas); 
DEA field office: Los Angeles, California; 
ICE field office: Los Angeles, California. 

Geographic coverage of protocol: Northern Nevada (Reno); 
DEA field office: Los Angeles, California; 
ICE field office: San Francisco, California. 

Geographic coverage of protocol: Dallas, Texas; 
DEA field office: Dallas, Texas; 
ICE field office: Dallas, Texas. 

Geographic coverage of protocol: Eastern and Northern Texas/Oklahoma; 
DEA field office: Dallas, Texas; 
ICE field office: Dallas, Texas. 

Geographic coverage of protocol: Hawaii/all Hawaiian Islands; 
DEA field office: Los Angeles, California; 
ICE field office: Honolulu, Hawaii. 

Geographic coverage of protocol: Pennsylvania/Delaware; 
DEA field office: Philadelphia, Pennsylvania; 
ICE field office: Philadelphia, Pennsylvania. 

Geographic coverage of protocol: Virginia/Maryland/West Virginia/ 
District of Columbia; 
DEA field office: Washington, D.C. Division; 
ICE field office: Washington, D.C.; 
Baltimore, Maryland; 
Philadelphia, Pennsylvania. 

Geographic coverage of protocol: New Orleans, Louisiana; 
DEA field office: New Orleans, Louisiana; 
ICE field office: New Orleans, Louisiana. 

Geographic coverage of protocol: Puerto Rico/U.S. Virgin Islands; 
DEA field office: Caribbean; 
ICE field office: San Juan, Puerto Rico. 

Geographic coverage of protocol: Tampa/Jacksonville/Orlando, Florida; 
DEA field office: Miami, Florida; 
ICE field office: Tampa, Florida. 

Geographic coverage of protocol: New Jersey; 
DEA field office: Newark, New Jersey; 
ICE field office: Newark, New Jersey. 

Geographic coverage of protocol: Southern Illinois/Eastern and Western 
Missouri/Kansas; 
DEA field office: St. Louis, Missouri; 
ICE field office: Chicago, Illinois. 

Geographic coverage of protocol: Northern and Central 
Illinois/Northern and Southern Indiana/Eastern and Western Wisconsin; 
DEA field office: Chicago, Illinois; 
ICE field office: Chicago, Illinois. 

Geographic coverage of protocol: Northern California; 
DEA field office: San Francisco, California; 
ICE field office: San Francisco, California. 

Source: GAO analysis of DEA/ICE local deconfliction protocols. 

[End of table] 

Factors That Enhance Coordination and Deconfliction: 

DEA and ICE field office management and first-line supervisors also 
identified factors in addition to the mechanisms enumerated in the 
2009 Agreement, which enhanced deconfliction between DEA and ICE in 
the field, under the 2009 Agreement. DEA and ICE field management and 
first-line supervisors interviewed generally believed that colocation 
of DEA and ICE agents in each others' offices or on strike forces and 
task forces enhanced coordination, deconfliction, and information 
sharing because colocation facilitated interaction between DEA and ICE 
agents and enabled them to obtain information from the other agency's 
data systems. For example, a colocated ICE agent could ask a DEA 
counterpart to check information through DEA's Analysis and Response 
Tracking System (DARTS) or a DEA agent could ask the ICE agent to 
check information in ICE's TECS system.[Footnote 50] Agents on task 
forces may have direct access to other agencies' data systems. For 
example, an ICE agent on a DEA task force may have access to DARTS. 
DEA and ICE agents also continue to use personal contacts and 
relationships to deconflict in addition to or as an alternative when, 
for example, no HIDTA is located in the area. 

According to ICE headquarters officials, ICE is also providing its 
agents access to additional tools to enable them to deconflict 
investigations with DEA. For example, the ICE headquarters Law 
Enforcement Support and Information Management unit deployed a Web- 
based deconfliction tool that allows ICE agents to deconflict ICE 
subject information with DEA subject information. Additionally, ICE is 
in the process of providing its agents with access to DEA's Internet 
Connectivity Endeavor (DICE). DICE is hosted on the internet for 
state, local, and other federal law enforcement personnel who do not 
have access to the DARTS application. ICE headquarters officials told 
us that ICE is taking actions to have DICE on line and operating well 
in all SAC offices by November 2011, including providing proper 
training to enable agents to use the system properly. Through DICE, 
ICE agents will have the same access to nationwide information on all 
crimes, as state, local, and other federal law enforcement personnel 
who do not have access to the DEA's DARTS application. 

Incentives for Joint Investigations: 

The 2009 Agreement also encourages joint investigations. ICE 
headquarters officials said that the primary incentive for conducting 
joint investigations is the ability to harness and merge the 
capabilities of both agencies and maximize all information. DEA 
headquarters officials cited the necessity of working joint 
investigations as the primary incentive for encouraging agents to 
participate in these types of investigations. 

DEA and ICE personnel at all levels reported that the following 
incentives are used to encourage joint investigations: 

* Jointly working drug investigations, particularly for smaller 
offices, maximizes limited resources. 

* Working joint investigations is essential to their job duties, as a 
matter of course, particularly for larger, busier offices. 

* Similarly, some offices reported that they have a strike force 
environment, which requires agents to work joint investigations or are 
involved in task forces that provide opportunities for joint 
investigations. For example, agents from both DEA and ICE are 
encouraged to work Organized Crime Drug Enforcement Task Force 
(OCDETF) cases, which are major joint investigations that involve 
multiple agencies. DEA and ICE field officials cited the success of 
OCDETF investigations, as an incentive for agents to work joint OCDETF 
cases. 

* We reviewed DEA and ICE performance standards and identified 
measures for encouraging joint investigations and ensuring the success 
of drug investigations. Specifically, DEA's performance elements 
included working relationships, which was defined as assisting others 
and building partnerships, including resolving past issues that may 
interfere with current or future partnerships, and working 
cooperatively with appropriate DEA groups and offices, other DEA 
divisions, federal, state, local, and international agencies. One of 
ICE's core competencies is team work and cooperation, which 
encompassed (1) building effective partnerships that facilitate 
working across boundaries, groups, or organizations and (2) working 
constructively with others to reach mutually acceptable agreements to 
resolve conflicts. 

* Drug seizure statistics as well as the overall complexity and 
success of the investigation undertaken are used to evaluate field 
offices and agents. 

[End of section] 

Appendix III: Training on the 2009 Agreement and Local Deconfliction 
Protocols: 

According to DEA and ICE officials, the agencies have each primarily 
used established processes to disseminate information about the 2009 
Agreement. Additionally, the agencies incorporated information on the 
Agreement into existing agent training and manuals. 

DEA and ICE Disseminated Information on the 2009 Agreement: 

After the signing of the 2009 Agreement, DEA and ICE headquarters 
disseminated information about the Agreement through their respective 
chains of command, communicated with field management about its 
provisions, and directed the SACs in corresponding DEA and ICE field 
offices to develop local deconfliction protocols to implement the 
Agreement, as previously discussed. DEA and ICE ASACs, RACs, and first-
line supervisors in the 16 field offices we contacted confirmed that 
their respective SACs had conveyed the information about the 2009 
Agreement and the local deconfliction protocols through the field 
chain of command. Specifically, DEA and ICE SACs reported discussing 
the Agreement with ASACs, RACS, and Group Supervisors through 
teleconferences, staff meetings, and management conferences. Field 
office management also reported disseminating guidance to first-line 
supervisors--RACs and Group Supervisors. DEA and ICE first-line 
supervisors we interviewed generally reported that after receiving 
information on the Agreement and local deconfliction protocols, they 
discussed the implementation of the Agreement and protocol with their 
respective groups of agents. 

DEA and ICE Incorporated Information on the 2009 Agreement into 
Existing Agent Training and Manuals: 

We also reviewed the extent to which the agencies provided training on 
the Agreement and protocols. DEA and ICE headquarters officials said 
that the agencies did not provide specific training on the 2009 
Agreement to the respective field management and agents, because the 
agencies determined that such training was not needed as the Agreement 
did not change agents' counternarcotics investigative duties or 
practices. However, according to these DEA officials, DEA agent basic 
training covered the topics addressed by the 2009 Agreement, such as 
defining the difference between a domestic and international 
conspiracy, which addresses the determination of a nexus to the 
border. Additionally, DEA updated its agent manual in September 2009. 
The manual stated that the DEA liaison with ICE was to be governed by 
the June 18, 2009, Agreement and incorporated a copy of the entire 
Agreement. As a result, a DEA headquarters Operations official 
believed that extra or special training for implementing the 2009 
Agreement was not necessary because within DEA there was a clear 
understanding of the implementation of the 2009 Agreement. In 
particular, the Title 21 Coordinators, who were charged with managing 
the implementation of the 2009 Agreement at the field level, 
understood the Agreement and were expected to disseminate the 
information to their agents. 

Similarly, ICE headquarters officials said that ICE agents needed no 
special training about the 2009 Agreement because it, along with the 
local deconfliction protocols, set out in writing what agents were 
already doing in the field (e.g., deconflicting investigations with 
DEA). An ICE headquarters Narcotics and Contraband Smuggling Unit 
official reported that the 2009 Agreement was introduced in basic 
training to the agents who receive training on drug investigations. He 
said that ICE headquarters had not provided any additional guidance or 
training to ICE field offices regarding the implementation of the 2009 
Agreement or the local deconfliction protocols because 
counternarcotics is part of ICE's core mission and the 2009 Agreement 
did not change what ICE headquarters or field offices did to fulfill 
that mission.[Footnote 51] Furthermore, according to this official, 
ICE plans to update its Drug Smuggling Handbook once the protocols for 
internationally controlled deliveries and adjustments to the cross- 
designation process are finalized, making all revisions at one time 
rather than multiple minor updates. 

Additionally, DEA and ICE field management said that DEA and ICE 
agents did not need additional training because Group Supervisors were 
already deconflicting, had good relationships with their counterparts, 
were colocated, and served on joint task forces. Both DEA and ICE 
first-line supervisors also told us that senior agents explained the 
local deconfliction protocols to new agents in the office. 

[End of section] 

Appendix IV: Department of Homeland Security Agency Comments: 

U.S. Department of Homeland Security: 
Washington, DC 20525: 

July 22, 2011: 

Eileen Larence: 
Director, Homeland Security and Justice: 
U.S. Government Accountability Office: 
441 G Street, NW: 
Washington, DC 20548: 

Re: Draft Report GA0-11-763: "Combating Illicit Drugs: DEA and ICE
Interagency Agreement Has Helped to Ensure Better Coordination of Drug
Investigations" 

Dear Ms. Larence: 

Thank you for the opportunity to comment on this draft report. The 
U.S. Department of Homeland Security (DHS) appreciates the U.S. 
Government Accountability Office's work in planning and conducting its 
review and issuing this report. 

The Department is pleased to note the report's positive acknowledgment 
that U.S. Immigration and Customs Enforcement (ICE) and the Drug 
Enforcement Administration (DEA) have taken action to enhance 
interagency collaboration in combating narcotics trafficking. The 
report also recognizes that these actions have, in part, helped 
maximize resources available to conduct counternarcotics 
investigations. 

Although the report does not contain any recommendations directed at 
DHS, the Department remains committed to continuing its work with DEA 
and other interagency partners to combat the availability of illicit 
drugs in the United States and elsewhere, as appropriate. For example, 
during the past three fiscal years, ICE Homeland Security 
Investigations agents have devoted more hours to narcotics smuggling 
investigations than any other investigative activity. 

Again, thank you for the opportunity to review and comment on this 
draft report. Technical and sensitivity comments have been provided 
under separate cover. We look forward to working with you on future 
Homeland Security issues. 

Sincerely, 

Signed by: 

Jim H. Crumpacker: 
Director: 
Departmental GAO/OIG Liaison Office: 

[End of section] 

Appendix V: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Eileen R. Larence, (202) 512-6510: 

Acknowledgments: 

In addition to the contact name above, Leyla Kazaz and Mary Catherine 
Hult managed this assignment. Robin D. Nye and Barbara A. Stolz made 
significant contributions to the work. Willie Commons provided 
significant legal support and analysis. David P. Alexander assisted 
with design and methodology. Lara R. Miklozek and Debra B. Sebastian 
provided assistance in report preparation. Tina Cheng developed the 
report graphics. 

[End of section] 

Footnotes: 

[1] U.S. Department of Justice National Drug Intelligence Center, 
National Drug Threat Assessment (Johnston, Pa: February 2010). 

[2] The Homeland Security Act of 2002 transferred U.S. Customs and the 
U.S. Immigration and Naturalization Service, with the exception of 
certain functions, to the newly created DHS. Pub. L. No. 107-296, §§ 
403, 412, 441, 451(b), 462, 116 Stat. 2135, 2178, 2179-2180, 2192, 
2196, 2202-2205 (2002). DHS established ICE by combining the criminal 
investigators from the U.S. Customs Service (Customs) and the criminal 
investigators from the Immigration and Naturalization Service, which 
had been a component of DOJ. The remaining elements of Customs and the 
Immigration and Naturalization Service were reorganized into, among 
other agencies, U.S. Customs and Border Protection. ICE was 
established in March 2003. 

[3] Executive Order No. 11727 appears at 38 Fed. Reg. 18357 (1973) and 
Reorganization Plan No. 2 of 1973, as amended by Pub. L. No. 93-253, 
88 Stat. 50 (1974), is reprinted in 5 U.S.C. app. 1, along with the 
accompanying President's Message to Congress. 

[4] DOJ's Office of Legal Counsel is responsible for addressing 
questions of legal authority among executive branch agencies. 
Department of Justice, Office of Legal Counsel, Memorandum for the 
Deputy Attorney General, "United States Customs Service Jurisdiction" 
(June 3, 1986); Department of Justice, Office of Legal Counsel, 
Memorandum for Joseph R. Davis, Chief Counsel, DEA, "Authority of the 
United States Customs Service to Participate in Law Enforcement 
Efforts Against Drug Violators" (June 11, 1985); and 28 C.F.R. subpart 
R, app., § 11. Per 28 C.F.R. subpart R, app., §11 and Executive Order 
No. 11727 (1973) and Reorganization Plan No. 2 of 1973, the authority 
of the Attorney General to cross designate federal law enforcement 
officers to enforce Title 21 was delegated to the DEA Administrator. 

[5] "Memorandum of Understanding Between the Drug Enforcement 
Administration and the United States Customs Service to Implement 
Title 21 Cross-Designation Policies and Procedures," 1994. 

[6] GAO, Drug Control: Better Coordination with the Department of 
Homeland Security and an Updated Accountability Framework Can Further 
Enhance DEA's Efforts to Meet Post 9/11 Responsibilities, [hyperlink, 
http://www.gao.gov/products/GAO-09-63] (Washington, D.C.: Mar. 20, 
2009). 

[7] The Special Operations Division is a DEA-led intelligence center 
that targets the command and control capabilities of major drug- 
trafficking organizations. The division collects, collates, analyzes, 
evaluates, and disseminates intelligence derived from worldwide 
multiagency elements to provide operational targeting, support, and 
coordination for long-term, multiagency investigations. Established in 
1982 to conduct comprehensive, multilevel attacks on major drug 
trafficking and money laundering organizations, OCDETF combines the 
resources and expertise of its member federal agencies. These agencies 
include: DEA, ICE, and FBI, among others in cooperation with DOJ's 
Criminal Division, the Tax Division, and the U.S. Attorney's Offices, 
as well as with state and local law enforcement. The OCDETF Fusion 
Center collects and analyzes drug trafficking and related financial 
information and disseminates investigative leads. 

[8] Deconfliction is the act of searching available data to determine 
if multiple law enforcement agencies are investigating the same target 
individual, organization, communications device, or other uniquely 
identifiable entity and, if so, of initiating coordination amongst the 
interested parties to prevent duplicative work and/or possible "blue 
on blue" situations (i.e. personnel from two or more law enforcement 
agencies unwittingly encountering each other during a law enforcement 
operation, such as an undercover situation). 

[9] Cross-designation provisions allow DEA to authorize ICE to 
investigate violations of the controlled substances laws of Title 21. 

[10] Under the information-sharing provisions, ICE is to share 
additional information pertinent to counternarcotics investigations 
with the Special Operations Division. 

[11] Interagency Cooperation Agreement, Between the U.S. Drug 
Enforcement Administration and U.S. Immigration and Customs 
Enforcement Regarding Investigative Functions Related to the 
Controlled Substances Act (June 18, 2009). 

[12] An example of a related interagency agreement is the August 2009 
agreement between the OCDETF Program and ICE, which augments the 
information-sharing provisions of the 2009 Agreement. 

[13] [hyperlink, http://www.gao.gov/products/GAO-09-63]. 

[14] DEA and ICE field management included Special Agents in Charge 
(SAC) and Assistant Special Agents in Charge (ASAC)/Title 21 
coordinators. The SAC heads each field office and the ASAC/Title 21 
coordinator is responsible for ensuring that coordination and 
deconfliction of counternarcotics investigations takes place. First- 
line supervisors included agent Group Supervisors (who supervise 
agents and work with their DEA or ICE counterparts on drug 
investigations) and Resident Agents in Charge (RAC) assigned to 
suboffices. 

[15] Since DEA and ICE field offices do not directly correspond 
geographically, some of the field offices negotiated more than one 
deconfliction protocol. See table 4 in app. I for a list of protocols 
and areas covered in this engagement and table 5 in app. II for a list 
of all protocols and areas covered. 

[16] We asked DEA and ICE to identify first-line supervisors from each 
of the states covered under the particular protocol. In each of the 
seven DEA offices we contacted, we interviewed three or more 
supervisors. In the remaining office we interviewed one supervisor 
from one state covered under that protocol and discussed issues in the 
second state covered under that protocol with the ASAC during the 
management-level interview. In each of the seven ICE offices we 
contacted, we interviewed three or more supervisors; in the remaining 
office we interviewed two supervisors. 

[17] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] 
(Washington, D.C.: November 1999). 

[18] DEA is charged with enforcing Title 21 of the United States Code 
which contains the country's controlled substances laws, including the 
Controlled Substances Act and the Controlled Substances Import and 
Export Act of 1970. 

[19] [hyperlink, http://www.gao.gov/products/GAO-09-63]. 

[20] According to DEA Operations Management officials, ICE's number of 
cross-designated agents under the 1994 Agreement did not reach the cap 
and ICE had hundreds of cross-designation slots available. 

[21] There is a separate and distinct August 2009 OCDETF-ICE MOU that 
also governs ICE's participation in the OCDETF Fusion Center. OCDETF 
officials told us that the 2009 Agreement was not an impetus for this 
MOU and is not connected to the Agreement. However, OCDETF officials 
told us that our recommendation in GAO-09-63 regarding ICE's 
participation in the Fusion Center further encouraged ongoing OCDETF- 
ICE negotiations and raised the priority of the issue. 

[22] Field office management in the other six offices did not 
specifically cite the development of the new cross-designation process 
as a benefit of the 2009 Agreement. 

[23] In one of the eight ICE field offices we contacted, management 
officials reported that the 2009 Agreement had neither improved nor 
worsened the cross-designation process. 

[24] According to DEA Operations Management officials, they were 
uncertain of how the cap prevented ICE from meeting its mission since 
ICE had hundreds of unused cross-designation slots available prior to 
the 2009 Agreement. 

[25] Management officials in two of the eight DEA field offices 
reported that they did not have an opinion or did not know how the 
2009 Agreement had affected the process. 

[26] According to ICE Homeland Security and Investigations, ICE has 
provided approximately: 517,000 case records; 517,778 incident 
records; 1,409,276 seized property records; 956,446 person subject 
records; 976,285 person address records; 47,116 person phone records; 
and, 952,341 person alias records. 

[27] ICE officials noted that the 2009 Agreement and local protocols 
are not the only agreements governing ICE's relationships with DEA and 
on counternarcotics (e.g., an agreement on controlled deliveries of 
drugs and ICE's agreement with U.S. Customs and Border Protection 
related to the handling drug seizures). 

[28] According to DEA and ICE headquarters officials, there are two 
types of deconfliction: (1) operational or event deconfliction is 
conducted to determine overlap of specific law enforcement actions 
(e.g., an arrest, wiretap, or a controlled delivery of drugs) to avoid 
a "blue on blue" situation between law enforcement agencies conducting 
operations at the same or nearby location, and (2) target 
(investigation) deconfliction is conducted to prevent duplicative 
investigations and is related to information sharing between agencies. 

[29] The HIDTA program, created by the Anti-Drug Abuse Act of 1988, 
Pub. L. No. 100-690, 102 Stat. 4181, is to reduce drug trafficking and 
production in the United States by, among other things, facilitating 
cooperation among federal, state, local, and tribal law enforcement 
agencies. 

[30] Additionally, field management in four of the eight ICE offices 
we contacted reported that the Agreement and local protocols had 
neither improved nor worsened the deconfliction process. 

[31] Seven of the eight DEA offices characterized the local 
deconfliction process as having somewhat improved and one 
characterized the process as having greatly improved. 

[32] Among the eight ICE offices, management in three of the eight 
offices responded somewhat improved and one greatly improved. 

[33] According to DEA headquarters officials, DEA does not have 
authority to investigate bulk cash smuggling under Title 31 of the 
United States Code, but investigates large quantities of cash related 
to a Title 21 offense--drug trafficking proceeds. Officials said that 
DEA has to have an affidavit demonstrating a connection between the 
drug case and the proceeds. Without such an affidavit DOJ's Asset 
Forfeiture Division cannot process a DEA seizure of bulk cash. 

[34] A currency equivalent is a medium of exchange that can be 
anything that has value and is provided to an individual for services 
rendered or from an item provided (i.e., licit or illicit) in nature. 

[35] [hyperlink, http://www.gao.gov/products/GAO-09-63]. 

[36] These concerns were expressed by DEA field management in two 
offices, management and first-line supervisors in one office, and 
first-line supervisors in one office for a total of four DEA offices. 

[37] The first-line supervisors in the remaining six offices contacted 
did not raise this issue. 

[38] According to ICE, there is no set meeting schedule for the DEA 
Administrator and the ICE Assistant Secretary to discuss the 2009 
Agreement and/or Title 21 matters. However, the DEA Administrator and 
ICE Assistant Secretary remain constantly engaged in ensuring that any 
2009 Agreement and Title 21 matters are resolved at the lowest 
possible level to allow the joint efforts of the two agencies to 
continue uninhibited. 

[39] The remaining one DEA and three ICE offices did not mention 
sending forward any issues to either DEA or ICE headquarters. 

[40] These concerns were expressed by DEA field management in two 
offices, management and first-line supervisors in one office, and 
first-line supervisors in one office for a total of four DEA offices. 

[41] The five points of the scale were: 1 - Strongly Agree; 2 - Agree; 
3 - Neutral; 4 - Disagree; 5 - Strongly Disagree. 

[42] [hyperlink, http://www.gao.gov/products/GAO-09-63]. 

[43] GAO, Drug Control: Better Coordination with the Department of 
Homeland Security and an Updated Accountability Framework Can Further 
Enhance DEA's Efforts to Meet Post 9/11 Responsibilities, [hyperlink, 
http://www.gao.gov/products/GAO-09-63] (Washington, D.C.: March 2009). 

[44] Established in 1982 to conduct comprehensive, multilevel attacks 
on major drug trafficking and money laundering organizations, OCDETF 
combines the resources and expertise of its member federal agencies. 
These agencies include: DEA, ICE, FBI, among others in cooperation 
with DOJ's Criminal Division, the Tax Division, and the U.S. 
Attorney's Offices, as well as with state and local law enforcement. 

[45] The August 2009 Memorandum of Understanding between the Organized 
Crime Drug Enforcement Task Force and U.S. Immigration and Customs 
Enforcement governs ICE participation in the OCDETF Fusion Center and 
sharing of information relative to the OCDETF program. The OCDETF 
Fusion Center collects and analyzes drug trafficking and related 
financial information and disseminates investigative leads. 

[46] Controlled substances laws are contained in Title 21 of the 
United States Code (Title 21 authority). 

[47] Since DEA and ICE field offices do not directly correspond 
geographically, some of the field offices negotiated more than one 
deconfliction protocol. See app. II for list of all protocols and 
areas covered. 

[48] We asked DEA and ICE to identify first-line supervisors from each 
of the states covered under the particular protocol. In each of the 
seven DEA offices we contacted, we interviewed three or more 
supervisors. In the remaining office we interviewed one supervisor 
from one state covered under that protocol and discussed issues in the 
second state covered under that protocol with the ASAC during the 
management-level interview. In each of seven ICE offices we contacted, 
we interviewed three or more supervisors; in the remaining office we 
interviewed two supervisors. 

[49] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] 
(Washington, D.C.: November 1999). 

[50] DARTS is DEA's internal deconfliction tool that assists 
investigators in identifying overlaps between cases through unique 
identifiers including, phone numbers, e-mail accounts, Web sites, 
financial accounts, and license plates. TECS was designed to provide 
controlled access to a large database of information about suspects 
and to interface with a number of other law enforcement systems. 
According to ICE headquarters officials, U.S. Customs and Border 
Protection owns the system and ICE is a user of the system. 

[51] ICE headquarters officials noted that the only changes to 
practices under the 2009 Agreement were provisions requiring ICE to 
provide information to Special Operations Division, Fusion Center, and 
El Paso Intelligence Center, as previously discussed in the 
information-sharing section of this report. 

[End of section] 

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