8 October 1997
Source: http://www.access.gpo.gov/su_docs/aces/aces140.html

---------------------------------------------------------------------

[Federal Register: October 8, 1997 (Volume 62, Number 195)]
[Rules and Regulations]               
[Page 52492-52493]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08oc97-5]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

28 CFR Part 0

 
Deputization of State and Local Law Enforcement Officers as Task 
Force Officers, and Cross-Designation of Federal Law Enforcement 
Officers; Redelegation of Authority

AGENCY: Department of Justice.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule authorizes the Drug Enforcement Administration 
(DEA) Chief, State and Local Section, Office of Domestic Operations, 
Operations Division, to deputize state and local law enforcement 
officers as Task Force Officers, and authorizes the Chief, Domestic 
Liaison Section, Office of Domestic Operations, Operations Division, to 
cross-designate Federal law enforcement officers to undertake title 21 
drug investigations under the supervision of DEA.

EFFECTIVE DATE: September 25, 1997.

FOR FURTHER INFORMATION CONTACT:
Calvin F. McFarland, Chief, Domestic Liaison Section, Office of 
Domestic Operations, Operations Division, Drug Enforcement 
Administration, (202) 307-8932, or Jayme S. Walker, Associate Chief 
Counsel, Office of Chief Counsel, Drug Enforcement Administration, 
(202) 307-8030.

SUPPLEMENTARY INFORMATION: The Controlled Substances Act, 21 U.S.C. 801 
et seq., as amended (CSA), specifically, 21 U.S.C. 878(a), provides 
that Federal, state or local law enforcement officers designated by the 
Attorney General may exercise certain powers of Federal law enforcement 
personnel. Under title 21 sections 873 and 965, the Attorney General 
may request other Federal law enforcement agencies to provide law 
enforcement assistance to DEA. Designated law enforcement officers may 
undertake title 21 drug investigations under the supervision of DEA.
    The Attorney General delegated the functions vested in the Attorney 
General by the CSA to the Administrator of DEA, at 28 CFR 0.100(b), 
with leave for the DEA Administrator to further redelegate those 
functions to any of his subordinates, at 28 CFR 0.104.
    The Administrator had previously delegated the authority to 
deputize state and local law enforcement officers as DEA Task Force 
Officers, and to cross-designate Federal law enforcement officers to 
undertake title 21 drug investigations under the supervision of DEA, to 
the Deputy Assistant Administrator for Investigative Support, at 28 
CFR, Part 0, Appendix to Subpart R--Redelegation of Functions, sections 
10 and 11. That position was, however, eliminated in 1995 during an 
internal DEA reorganization. This final rule amends sections 10 and 11 
by transferring those duties previously assigned to the Deputy 
Assistant Administrator for Investigative Support, to the Chief, State 
and Local Section, Office of Domestic Operations, Operations Division, 
and to the Chief, Domestic Liaison Section, Office of Domestic 
Operations, Operations Division, respectively.
    The Administrator certifies that this action will have no impact 
upon entities whose interests must be considered under the Regulatory 
Flexibility Act (5 U.S.C. 601). Pursuant to sections 1(a)(3) and 1(b) 
of Executive Order 12291, this rule is not a major rule and relates 
only to the organization of functions within DEA. Accordingly, it has 
not been reviewed by the Office of Management and Budget. This action 
has been analyzed in accordance with Executive Order 12612 and it has 
been determined that this matter has no federalism implications which 
would warrant the preparation of a Federalism Assessment.

List of Subjects in 28 CFR Part 0

    Authority delegations (Government agencies), Organizations and 
functions (Government agencies).

    For the reasons set forth above, and pursuant to the authority 
vested in the Administrator of the Drug Enforcement Administration by 
28 CFR 0.100 and 0.104, and 21 U.S.C. 871, title 28 of the Code of 
Federal Regulations, part 0, Appendix to Subpart R, Redelegation of 
Functions, sections 10 and 11, are amended as follows:

PART 0--ORGANIZATION OF THE DEPARTMENT OF JUSTICE

    1. The authority citation for part 0 continues to read as follows:

    Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515-519.

    2. The appendix to subpart R, sections 10 and 11, are revised to 
read as follows:

Appendix to Subpart R--Redelegation of Functions

* * * * *
    Sec. 10. Deputization of State and Local Law Enforcement Officers. 
The Chief, State and Local Section, Office of Domestic Operations, 
Operations Division is authorized to exercise all necessary functions 
with respect to the deputization of state and local law enforcement 
officers as Task Force Officers of DEA pursuant to 21 U.S.C. 878(a).

[[Page 52493]]

    Sec. 11. Cross-Designation of Federal Law Enforcement Officers. The 
Chief, Domestic Liaison Section, Office of Domestic Operations, 
Operations Division is authorized to exercise all necessary functions 
with respect to the cross-designation of Federal law enforcement 
officers to undertake title 21 drug investigations under the 
supervision of DEA pursuant to 21 U.S.C. 873(a).
* * * * *
    Dated: September 25, 1997.
Thomas A. Constantine,
Administrator.
[FR Doc. 97-26660 Filed 10-7-97; 8:45 am]
BILLING CODE 4410-09-M