[Federal Register Volume 62, Number 195 (Wednesday, October 8, 1997)]
[Rules and Regulations]
[Pages 52492-52493]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26660]
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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.
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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
