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[JGR/Drug Abuse, Enforcement, Legislation & Prevention] (6 of 9)

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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Roberts, John G.: Files Folder Title: [JGR/Drug Abuse, Enforcement, Legislation & Prevention] (6 of 9) Box: 19 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ WITHDRAWAL SHEET Ronald Reagan Library Collection Name Withdrawer KDB 8/30/2005 File Folder [JGR/DRUG ABUSE, ENFORCEMENT, LEGISLATION & FOIA PREVENTION] (6) F05-139/01 Box Number COOK 4KDB DOC Doc Type Document Description No of Doc Date Restrictions NO Pages 1 REPORT GRAND JURY REPORT RE 32 8/1/1981 B6 629 INVESTIGATION B7(C) 2 MEMO J. ROBERTS TO FRED FIELDING RE 1 9/21/1983 B6 B7(C) 630 CORRESPONDENTS REQUEST FOR B7(D) INVESTIGATION (PARTIAL) 3 MEMO FIELDING TO EDWARD SCHMULTS RE 1 9/21/1983 B6 B7(C) 632 CORRESPONDENTS REQUEST FOR B7(D) INVESTIGATION 4 LETTER FROM FRED FIELDING (PARTIAL) 1 9/21/1983 B6 B7(C) 633 B7(D) COPY Reagan Presidential Record Freedom of Information Act - [5 U.S.C. 552(b)] B-1 National security classified information [(b)(1) of the FOIA] B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA] B-3 Release would violate a Federal statute [(b)(3) of the FOIA] B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA] B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA] E.O. 13233 C. Closed in accordance with restrictions contained in donor's deed of gift. THE WHITE HOUSE WASHINGTON August 29, 1983 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS Jrp SUBJECT: Letter to the President regarding transportation of illegal drugs into Allegheny County, Pennsylvania (Grand Jury investigation summary attached) James B. Lees, Assistant District Attorney from Pittsburgh, has written the President to advise him of the results of a report recently filed by an Allegheny County grand jury. The grand jury was investigating organized crime and drug trafficking. It focused on trafficking at the Pittsburgh airport, and concluded, inter alia, that the federal government was directing no resources to stopping domestic drug transportation (as opposed to importation). The Justice Department should handle the response on the merits. I have drafted a transmittal memorandum, and an acknowledgment letter to Lees. Attachments THE WHITE HOUSE WASHINGTON August 29, 1983 MEMORANDUM FOR EDWARD C. SCHMULTS DEPUTY ATTORNEY GENERAL U.S. FRED F. DEPARTMENT FIELDING OF Orig. JUSTICE signed by FFF( a) FROM: COUNSEL TO THE PRESIDENT SUBJECT: Letter to the President regarding transportation of illegal drugs into Allegheny County, Pennsylvania (Grand Jury investigation summary attached) The attached letter from Assistant District Attorney, James B. Lees, and the accompanying grand jury report, are referred to the Department of Justice for such review and direct reply as may be appropriate. I have advised Lees that his correspondence has been referred to the Justice Department. Attachments FFF: JGR:aea 8/29/83 CC: FFFielding JGRoberts Subj. Chron THE WHITE HOUSE WASHINGTON August 29, 1983 MEMORANDUM FOR EDWARD C. SCHMULTS DEPUTY ATTORNEY GENERAL U.S. DEPARTMENT OF JUSTICE FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Letter to the President regarding transportation of illegal drugs into Allegheny County, Pennsylvania (Grand Jury investigation summary attached) The attached letter from Assistant District Attorney, James B. Lees, and the accompanying grand jury report, are referred to the Department of Justice for such review and direct reply as may be appropriate. I have advised Lees that his correspondence has been referred to the Justice Department. Attachments FFF:JGR:aea 8/29/83 CC: FFFielding JGRoberts Subj. Chron THE WHITE HOUSE WASHINGTON August 29,- 1983 Dear Mr. Lees: Thank you for your letter of August 4 to the President. Along with that letter, you submitted a copy of a report issued by an Allegheny County grand jury, concerning organized crime and drug trafficking. Your letter, and the accompanying grand jury report, have been referred to the Department of Justice for review. You should be hearing from that Department in the near future. As you know, eliminating illegal drug trafficking, and the organized crime that is responsible for so much illegal drug trafficking, is a high priority of this Administration. We have taken several significant steps toward this goal, including bringing the expertise and resources of the Federal Bureau of Investigation into the war on drugs for the first time, establishing organized crime/narcotics trafficking task forces across the country, and creating the President's Commission on Organized Crime to explore fully the dimensions of the challenge we confront. We appreciate being advised of the action of the grand jury in this regard. Sincerely, Fred F. Fielding Counsel to the President Mr. James B. Lees Office of the District Attorney, County of Allegheny 303 Court House Pittsburgh, PA 15219 FFF: JGR:aa bcc: FFFielding/JGRoberts/Subject/Chron ID #. 164730 CU seal DOH HE006-01. WHITE HOUSE Tag CORRESPONDENCE TRACKING WORKSHEET John O . OUTGOING H INTERNAL I . INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: James B. Lees MI Mail Report User Codes: (A) (B) (C) Subject: Letter to the President re: Transportation 3 illegal drugs into allegheny Country Pennsylvania (grand Jury investigation Summary attached) ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CUHOI ORIGINATOR 83,08,19 / / Referral Note: CUAT 18 I 2083,08,19 5.83,08,29 Referral Note: / / / / - Referral Note: / / / / I Referral Note: / / / / I Referral Note: ACTION CODES: DISPOSITION CODES: A - Appropriate Action I Info Copy Only/No Action Necessary A Answered C Completed C Comment/Recommendation R. Direct Reply w/Copy B - Non-Special Referral S Suspended D Draft Response S For Signature F - Furnish Fact Sheet X Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE: Type of Response = Initials of Signer Code = "A" Completion Date = Date of Outgoing Comments: Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 THE WHITE HOUSE WASHINGTON Diaima has + reviewed - 86A 7133 101700 BOB COLVILLE DISTRICT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY County 303 COURT HOUSE-PHONE: 355-4400 PITTSBURGH, P A. 15219 August 4, 1983 President Ronald Reagan White House 1400 Pennsylvania Avenue Washington, D.C. Dear Mr. President: As an Assistant District Attorney in Pittsburgh, Pennsylvania, I thought your administration may be interested in reviewing a copy of the enclosed Grand Jury Report which was recently issued here in Allegheny County. The Grand Jury, through a separate investigation, had determined that a substantial amount of illegal drugs was being transported into Allegheny County via the Greater Pittsburgh International Airport. (A fact, I am told, which is not unusual in other parts of the country.) The Grand Jury attempted to ascertain whether any efforts were being made here to stop the drug flow and what efforts by law enforcement authorities could legally be undertaken to stop the drug flow. The result of the Grand Jury investigation is summarized in the enclosed Report. One interesting fact which the Grand Jury discovered in the course of the investigation was the apparent lack of a federal effort to stop the domestic transportation of illegal drugs. The testimony that the Grand Jury received indicated that the federal efforts were being concentrated on areas of importation. Yet federal authorities admit that, at most, ten percent of the illegal drugs coming into the United States are being confiscated, leaving ninety percent to flow into domestic transportation. August 4, 1983 President Ronald Reagan Page Two I believe the recommendations of the Grand Jury could serve as a model for other cities throughout the United States to tackle the drug problem without substantial federal assistance. However, the task would be easier if the federal government were to more actively participate in efforts such as these. We here in Allegheny County would appreciate any comments or suggestions your administration may have on this effort. Sincerely, James James Assistant B. B.Seer Lees District Attorney JBL:na WITHDRAWAL SHEET Ronald Reagan Library Collection Name Withdrawer ROBERTS, JOHN: FILES KDB 8/5/2005 File Folder FOIA [JGR/DRUG ABUSE, ENFORCEMENT, LEGISLATION & F05-139/01 PREVENTION] (6) COOK Box Number 4KDB DOC Document Type No of Doc Date Restric- NO Document Description pages tions 1 REPORT 32 8/1/1981 B3 629 GRAND JURY REPORT RE INVESTIGATION Freedom of Information Act - [5 U.S.C. 552(b)] B-1 National security classified information [(b)(1) of the FOIA] B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA] B-3 Release would violate a Federal statute [(b)(3) of the FOIA] B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA] B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA] E.O. 13233 C. Closed in accordance with restrictions contained in donor's deed of gift. THE WHITE HOUSE WASHINGTON September 21, 1983 MEMORANDUM FOR FRED F. FIELDING COPY - Reagan Presidential Record FROM: JOHN G. ROBERTS SUBJECT: Drug Problems in Simpson County has written the President to ask for a federal investigation of an alleged dope ring in his county. According to rumors, the dope ring is responsible for b6 several murders. is allegedly involved, receiving $15,000 for every plane load of narcotics brought in at the local airport. letter should be referred to the Justice Department. I have prepared a transmittal letter and a brief reply to telling him what we have done. Attachments WITHDRAWAL SHEET Ronald Reagan Library Collection Name Withdrawer ROBERTS, JOHN: FILES KDB 8/5/2005 File Folder FOIA [JGR/DRUG ABUSE, ENFORCEMENT, LEGISLATION & F05-139/01 PREVENTION] (6) COOK Box Number 4KDB DOC Document Type No of Doc Date Restric- NO Document Description pages tions 3 MEMO 1 9/21/1983 B6 632 FIELDING TO EDWARD SCHMULTS RE B7(C) CORRESPONDENT'S REQUEST FOR B7(D) INVESTIGATION Freedom of Information Act - [5 U.S.C. 552(b)] B-1 National security classified information [(b)(1) of the FOIA] B-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA] B-3 Release would violate a Federal statute [(b)(3) of the FOIA] B-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA] B-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA] B-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA] B-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA] B-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA] E.O. 13233 C. Closed in accordance with restrictions contained in donor's deed of gift. THE WHITE HOUSE WASHINGTON September 21, 1983 our 1 - Reagan Presidential Record Dear bc This is in response to your letter of September 7, 1983, to the President. In that letter you expressed serious concern about possible narcotics trafficking in your county. Please be advised that we have referred your letter to the Department of Justice for appropriate action. Thank you for sharing your concerns with us. Sincerely, Fred F. Fielding Counsel to the President 56 FFF: JGR:aea 9/21/83 bcc: FFFielding/JGRoberts/Subj./Chron 175098 ID #. CU WHITE HOUSE FI004 CORRESPONDENCE TRACKING WORKSHEET o . OUTGOING John H # INTERNAL I . INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Robert A. Mc Connell MI Mail Report User Codes: (A) (B) (C) Subject: Copy of letter to Thomas P. O'Neill re legislative proposal to facilitate funding f joint Drug Enforcement Task Forces and to grant State & local enforcement fficers, designated 64 the Altorney General the authority to enforce the Controlled Substances act 3 1970 ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CUHOLL ORIGINATOR D03/10/06 / / Referral Note: WAT18 D DDIT 83/10/06 583110146 Referral Note: / / / / Referral Note: / / / / - Referral Note: / / / / - Referral Note: ACTION CODES: DISPOSITION CODES: A - Appropriate Action I . Info Copy Only/No Action Necessary A Answered C Completed C - Comment/Recommendation R. Direct Reply w/Copy B. - Non-Special Referral S Suspended D - Draft Response S For Signature F - Furnish Fact Sheet X Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE: Type of Response = Initials of Signer Code = "A" Completion Date = Date of Outgoing Comments: Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 OF U.S. Department of Justice Office of Legislative Affairs Office of the Assistant Attorney General Washington, D.C. 20530 Honorable Thomas P. O'Neill, Jr. Speaker House of Representatives Washington, D. C. 20515 Dear Mr. Speaker: Enclosed for your consideration and appropriate reference is a legislative proposal "to facilitate improved Federal, State and local cooperation in drug enforcement. " The first section of the proposed bill would authorize the Attorney General to designate selected state and local law en- forcement officers as Federal law enforcement officers for the purpose of enforcing Federal drug laws. This would enable the Drug Enforcement Administration (DEA) to maintain and enhance its cooperative effort with state and local law enforcement authori- ties to combat drug trafficking. The drug trafficking problem is pervasive and, by its very nature, interjurisdictional. The Controlled Substances Act, 21 U.S.C. § 873, mandates a coordinated approach at all levels of Government to combat effectively drug flow and abuse. For this reason, DEA has entered into cooperative arrangements with state and local law enforcement authorities, under which non-Federal law enforcement officers work with DEA Agents in long-term task forces, joint investigations and special enforcement operations (major conspiracy investigations directed at specific trafficking organizations). The future of these cooperative efforts, however, would be enhanced if participating state and local law enforce- ment agencies can be assured of adequate civil and criminal lia- bility protections for their officers while working with DEA. The great majority of state and local officers have been under the impression that they are protected by an implied grant of Federal enforcement authority while working under DEA super- vision. In fact, any state or local law enforcement officer who travels beyond his authorized jurisdiction while assisting DEA faces potentially substantial criminal and civil liability. Anal- ysis of the law reveals the following conclusions. First, a state or local law enforcement officer is not a Federal employee for purposes of the Federal Tort Claims Act and, therefore, the United States can neither assume liability nor be held liable for his actions. 28 U.S.C. § 1346(b). Moreover, a state or local officer is not a Federal law enforcement officer as defined by 28 U.S.C. § 2680 (h) and the United States could not be liable for his intentional torts. Second, when operating beyond the geographic jurisdiction of their parent departments, state and local police officers, in most instances, have no greater law enforcement authority than private citizens. Finally, the possibility for personal civil liability of the state or local officer exceeds that of his DEA counterpart because the United States can only pay a judgment entered jointly against the United States and a Federal employee. Similarly, the poten- tial for criminal liability is greater because the state or local officer could not defend on grounds of Federal law enforce- ment authority. The assignment of a police officer to a task force does not vest that officer with any Federal law enforcement authority. Unless deputized as a Federal officer, a task force officer possesses only that authority conferred by state or local law upon any member of his parent organization. Consequently, where the enforcement responsibility of a task force is not coextensive with that of the officer's jurisdiction, the officer may be called upon to exceed his lawful authority when fulfilling his task force responsibilities. Except for very limited circumstances, any police officer who operates beyond the jurisdiction of his parent agency has no greater authority than that of a private citizen and his authori- ty to carry weapons, make arrests, execute warrants, and to con- duct investigations is similarly limited. When operating beyond his jurisdiction, his potential civil and criminal liability are significantly increased, as the various "good faith" defenses available to law enforcement officers often cannot be pleaded successfully by private citizens. Nevertheless, task force in- vestigations often cross jurisdictional lines. In short, state and local law enforcement officers cooperat- ing with DEA Agents in law enforcement activities outside their parent jurisdictions do so at their own peril. DEA expects that the cooperative arrangements developed over the past several years could be lost in many areas and severely impaired in others unless this disparate liability is corrected. After a careful review of the liability problem, this De- partment has concluded that the most feasible solution would be to amend existing law, 21 U.S.C. § 878, to authorize the Attorney General to confer the Federal enforcement powers of DEA officers upon selected state and local law enforcement officers. Imple- mentation of this authority will be strictly controlled through detailed procedures designed to guarantee full accountability - 2 - for all actions of any federally designated state or local offi- cer. In addition, the proposal incorporates by reference Section 3374(c) of Title 5, U.S.C., to insure that important restrictions and controls in the Intergovernmental Personnel Act of 1970, as amended, are applicable to such state or local officers. 1/ Section 2 of the proposed bill will facilitate the continued funding of the nine-year DEA task force program. For many years, the Drug Enforcement Administration has entered into contractual agreements with various state and local law enforcement agencies for the establishment of joint task forces to enforce the Con- trolled Substances Act of 1970. These agreements have been based upon the general authority to enter into cooperative arrangements in 21 U.S.C. § 873 and more specific authorizations contained in DEA appropriations measures. Congress and OMB have consistently sought specific program legislation support appropriation authori- ty. This "housekeeping legislation" is designed to provide such specific legislative authority. In order to maintain the effectiveness of the DEA/state and local cooperation program, I respectfully urge that this proposal receive prompt consideration. The Office of Management and Budget has advised that there is no objection from the standpoint of the Administration's pro- gram to the submission of this legislation to the Congress. Sincerely, Robert A. McConnell Assistant Attorney General Enclosure 1/ Specifically, the federally designated officers would be deemed DEA employees for purposes of a variety of Federal stat- utes pertaining to employment limitations, political activities, foreign gifts and decorations, misconduct, bribery and graft, embezzlement and theft, disclosure of confidential information, lobbying with appropriated moneys; purchase, use, maintenance or repair of passenger motor vehicles and aircraft; the Federal Tort Claims Act, and other Federal tort liability statutes. Federally designated officers would also be subject to executive orders and regulations applicable to § 3374(c) matters. More- over, the statute indicates that supervision of the duties of such officers could be governed by agreement between DEA and the state or local government concerned. Finally, a detail of a state or local officer to DEA could be made with or without reimbursement by DEA. - 3 - A BILL To facilitate improved Federal, state and local cooperation in drug enforcement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that section 508 of the Controlled Substances Act (21 U.S.C. 878) is amended to read as follows: "§ 878. Powers of enforcement personnel (a) Any officer or employee of the Drug Enforcement Admin- istration or any state or local law enforcement officer designated by the Attorney General may -- (1) carry firearms; (2) execute and serve search warrants, arrest warrants, administrative inspection warrants, subpenas, and summonses issued under the authority of the United States; (3) make arrests without warrant (A) for any offense against the United States committed in his presence, or (B) for any felony, cognizable under the laws of the United States, if he has probable cause to believe that the person to be arrested has committed or is committing a felony; (4) make seizures of property pursuant to the provi- sions of this subchapter; and (5) perform such other law enforcement duties as the Attorney General may designate. (b) State and local law enforcement officers performing functions under this section shall be deemed Federal employees only for the purposes set forth in section 3374(c) of Title 5, United States Code." Sec. 2. Section 503(a) of the Controlled Substances Act (21 U.S.C. 873 (a)) is amended by adding the following new paragraph (6) : "(6) notwithstanding any other provision of law, enter into contractual agreements with state and local law enforcement agencies to provide for cooperative enforcement and regulatory activities under this Title." - 2 -

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    "ocrText": "Ronald Reagan Presidential Library\nDigital Library Collections\nThis is a PDF of a folder from our textual collections.\nCollection: Roberts, John G.: Files\nFolder Title: [JGR/Drug Abuse, Enforcement,\nLegislation & Prevention] (6 of 9)\nBox: 19\nTo see more digitized collections visit:\nhttps://reaganlibrary.gov/archives/digital-library\nTo see all Ronald Reagan Presidential Library inventories visit:\nhttps://reaganlibrary.gov/document-collection\nContact a reference archivist at: [email protected]\nCitation Guidelines: https://reaganlibrary.gov/citing\nNational Archives Catalogue: https://catalog.archives.gov/\nWITHDRAWAL SHEET\nRonald Reagan Library\nCollection Name\nWithdrawer\nKDB 8/30/2005\nFile Folder\n[JGR/DRUG ABUSE, ENFORCEMENT, LEGISLATION &\nFOIA\nPREVENTION] (6)\nF05-139/01\nBox Number\nCOOK\n4KDB\nDOC Doc Type\nDocument Description\nNo of Doc Date Restrictions\nNO\nPages\n1\nREPORT\nGRAND JURY REPORT RE\n32 8/1/1981\nB6\n629\nINVESTIGATION\nB7(C)\n2 MEMO\nJ. ROBERTS TO FRED FIELDING RE\n1\n9/21/1983\nB6\nB7(C)\n630\nCORRESPONDENTS REQUEST FOR\nB7(D)\nINVESTIGATION (PARTIAL)\n3 MEMO\nFIELDING TO EDWARD SCHMULTS RE\n1 9/21/1983\nB6\nB7(C)\n632\nCORRESPONDENTS REQUEST FOR\nB7(D)\nINVESTIGATION\n4 LETTER\nFROM FRED FIELDING (PARTIAL)\n1\n9/21/1983\nB6\nB7(C)\n633\nB7(D)\nCOPY Reagan Presidential Record\nFreedom of Information Act - [5 U.S.C. 552(b)]\nB-1 National security classified information [(b)(1) of the FOIA]\nB-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]\nB-3 Release would violate a Federal statute [(b)(3) of the FOIA]\nB-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]\nB-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]\nB-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]\nB-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]\nB-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]\nE.O. 13233\nC. Closed in accordance with restrictions contained in donor's deed of gift.\nTHE WHITE HOUSE\nWASHINGTON\nAugust 29, 1983\nMEMORANDUM FOR FRED F. FIELDING\nFROM:\nJOHN G. ROBERTS\nJrp\nSUBJECT:\nLetter to the President regarding\ntransportation of illegal drugs into\nAllegheny County, Pennsylvania (Grand\nJury investigation summary attached)\nJames B. Lees, Assistant District Attorney from Pittsburgh,\nhas written the President to advise him of the results of a\nreport recently filed by an Allegheny County grand jury.\nThe grand jury was investigating organized crime and drug\ntrafficking. It focused on trafficking at the Pittsburgh\nairport, and concluded, inter alia, that the federal\ngovernment was directing no resources to stopping domestic\ndrug transportation (as opposed to importation).\nThe Justice Department should handle the response on the\nmerits. I have drafted a transmittal memorandum, and an\nacknowledgment letter to Lees.\nAttachments\nTHE WHITE HOUSE\nWASHINGTON\nAugust 29, 1983\nMEMORANDUM FOR EDWARD C. SCHMULTS\nDEPUTY ATTORNEY GENERAL\nU.S. FRED F. DEPARTMENT FIELDING OF Orig. JUSTICE signed by FFF( a)\nFROM:\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nLetter to the President regarding\ntransportation of illegal drugs into\nAllegheny County, Pennsylvania (Grand\nJury investigation summary attached)\nThe attached letter from Assistant District Attorney, James\nB. Lees, and the accompanying grand jury report, are\nreferred to the Department of Justice for such review and\ndirect reply as may be appropriate. I have advised Lees\nthat his correspondence has been referred to the Justice\nDepartment.\nAttachments\nFFF: JGR:aea 8/29/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nAugust 29, 1983\nMEMORANDUM FOR EDWARD C. SCHMULTS\nDEPUTY ATTORNEY GENERAL\nU.S. DEPARTMENT OF JUSTICE\nFROM:\nFRED F. FIELDING\nCOUNSEL TO THE PRESIDENT\nSUBJECT:\nLetter to the President regarding\ntransportation of illegal drugs into\nAllegheny County, Pennsylvania (Grand\nJury investigation summary attached)\nThe attached letter from Assistant District Attorney, James\nB. Lees, and the accompanying grand jury report, are\nreferred to the Department of Justice for such review and\ndirect reply as may be appropriate. I have advised Lees\nthat his correspondence has been referred to the Justice\nDepartment.\nAttachments\nFFF:JGR:aea 8/29/83\nCC: FFFielding\nJGRoberts\nSubj.\nChron\nTHE WHITE HOUSE\nWASHINGTON\nAugust 29,- 1983\nDear Mr. Lees:\nThank you for your letter of August 4 to the President.\nAlong with that letter, you submitted a copy of a report\nissued by an Allegheny County grand jury, concerning\norganized crime and drug trafficking.\nYour letter, and the accompanying grand jury report, have\nbeen referred to the Department of Justice for review. You\nshould be hearing from that Department in the near future.\nAs you know, eliminating illegal drug trafficking, and the\norganized crime that is responsible for so much illegal drug\ntrafficking, is a high priority of this Administration. We\nhave taken several significant steps toward this goal,\nincluding bringing the expertise and resources of the\nFederal Bureau of Investigation into the war on drugs for\nthe first time, establishing organized crime/narcotics\ntrafficking task forces across the country, and creating the\nPresident's Commission on Organized Crime to explore fully\nthe dimensions of the challenge we confront. We appreciate\nbeing advised of the action of the grand jury in this\nregard.\nSincerely,\nFred F. Fielding\nCounsel to the President\nMr. James B. Lees\nOffice of the District\nAttorney, County of\nAllegheny\n303 Court House\nPittsburgh, PA 15219\nFFF: JGR:aa\nbcc: FFFielding/JGRoberts/Subject/Chron\nID #. 164730 CU\nseal DOH\nHE006-01.\nWHITE HOUSE\nTag\nCORRESPONDENCE TRACKING WORKSHEET\nJohn\nO . OUTGOING\nH INTERNAL\nI . INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent: James B. Lees\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: Letter to the President re: Transportation 3 illegal\ndrugs into allegheny Country Pennsylvania\n(grand Jury investigation Summary attached)\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency\n(Staff Name)\nCode\nYY/MM/DD\nResponse\nCode\nYY/MM/DD\nCUHOI\nORIGINATOR\n83,08,19\n/\n/\nReferral Note:\nCUAT 18\nI 2083,08,19\n5.83,08,29\nReferral Note:\n/\n/\n/\n/\n-\nReferral Note:\n/\n/\n/\n/\nI\nReferral Note:\n/\n/\n/\n/\nI\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA - Appropriate Action\nI Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC Comment/Recommendation\nR. Direct Reply w/Copy\nB - Non-Special Referral\nS Suspended\nD Draft Response\nS For Signature\nF - Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode = \"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nTHE WHITE HOUSE\nWASHINGTON\nDiaima has + reviewed - 86A 7133\n101700\nBOB COLVILLE\nDISTRICT ATTORNEY\nOFFICE OF THE DISTRICT ATTORNEY\nCounty\n303 COURT HOUSE-PHONE: 355-4400\nPITTSBURGH, P A. 15219\nAugust 4, 1983\nPresident Ronald Reagan\nWhite House\n1400 Pennsylvania Avenue\nWashington, D.C.\nDear Mr. President:\nAs an Assistant District Attorney in Pittsburgh,\nPennsylvania, I thought your administration may be interested\nin reviewing a copy of the enclosed Grand Jury Report which\nwas recently issued here in Allegheny County. The Grand\nJury, through a separate investigation, had determined that\na substantial amount of illegal drugs was being transported\ninto Allegheny County via the Greater Pittsburgh International\nAirport. (A fact, I am told, which is not unusual in other\nparts of the country.) The Grand Jury attempted to ascertain\nwhether any efforts were being made here to stop the drug\nflow and what efforts by law enforcement authorities could\nlegally be undertaken to stop the drug flow.\nThe result of the Grand Jury investigation is\nsummarized in the enclosed Report. One interesting fact\nwhich the Grand Jury discovered in the course of the investigation\nwas the apparent lack of a federal effort to stop the domestic\ntransportation of illegal drugs. The testimony that the\nGrand Jury received indicated that the federal efforts were\nbeing concentrated on areas of importation. Yet federal\nauthorities admit that, at most, ten percent of the illegal\ndrugs coming into the United States are being confiscated,\nleaving ninety percent to flow into domestic transportation.\nAugust 4, 1983\nPresident Ronald Reagan\nPage Two\nI believe the recommendations of the Grand Jury\ncould serve as a model for other cities throughout the\nUnited States to tackle the drug problem without substantial\nfederal assistance. However, the task would be easier if\nthe federal government were to more actively participate in\nefforts such as these.\nWe here in Allegheny County would appreciate any\ncomments or suggestions your administration may have on this\neffort.\nSincerely,\nJames James Assistant B. B.Seer Lees District\nAttorney\nJBL:na\nWITHDRAWAL SHEET\nRonald Reagan Library\nCollection Name\nWithdrawer\nROBERTS, JOHN: FILES\nKDB 8/5/2005\nFile Folder\nFOIA\n[JGR/DRUG ABUSE, ENFORCEMENT, LEGISLATION &\nF05-139/01\nPREVENTION] (6)\nCOOK\nBox Number\n4KDB\nDOC Document Type\nNo of Doc Date Restric-\nNO Document Description\npages\ntions\n1\nREPORT\n32\n8/1/1981\nB3\n629\nGRAND JURY REPORT RE INVESTIGATION\nFreedom of Information Act - [5 U.S.C. 552(b)]\nB-1 National security classified information [(b)(1) of the FOIA]\nB-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]\nB-3 Release would violate a Federal statute [(b)(3) of the FOIA]\nB-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]\nB-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]\nB-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]\nB-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]\nB-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]\nE.O. 13233\nC. Closed in accordance with restrictions contained in donor's deed of gift.\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 21, 1983\nMEMORANDUM FOR FRED F. FIELDING\nCOPY - Reagan Presidential Record\nFROM:\nJOHN G. ROBERTS\nSUBJECT:\nDrug Problems in Simpson County\nhas written the President to ask for a federal\ninvestigation of an alleged dope ring in his county.\nAccording to rumors, the dope ring is responsible for\nb6\nseveral murders.\nis allegedly involved,\nreceiving $15,000 for every plane load of narcotics brought\nin at the local airport.\nletter should be referred\nto the Justice Department. I have prepared a transmittal\nletter and a brief reply to\ntelling him what we have\ndone.\nAttachments\nWITHDRAWAL SHEET\nRonald Reagan Library\nCollection Name\nWithdrawer\nROBERTS, JOHN: FILES\nKDB 8/5/2005\nFile Folder\nFOIA\n[JGR/DRUG ABUSE, ENFORCEMENT, LEGISLATION &\nF05-139/01\nPREVENTION] (6)\nCOOK\nBox Number\n4KDB\nDOC Document Type\nNo of Doc Date Restric-\nNO Document Description\npages\ntions\n3\nMEMO\n1 9/21/1983 B6\n632\nFIELDING TO EDWARD SCHMULTS RE\nB7(C)\nCORRESPONDENT'S REQUEST FOR\nB7(D)\nINVESTIGATION\nFreedom of Information Act - [5 U.S.C. 552(b)]\nB-1 National security classified information [(b)(1) of the FOIA]\nB-2 Release would disclose internal personnel rules and practices of an agency [(b)(2) of the FOIA]\nB-3 Release would violate a Federal statute [(b)(3) of the FOIA]\nB-4 Release would disclose trade secrets or confidential or financial information [(b)(4) of the FOIA]\nB-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the FOIA]\nB-7 Release would disclose information compiled for law enforcement purposes [(b)(7) of the FOIA]\nB-8 Release would disclose information concerning the regulation of financial institutions [(b)(8) of the FOIA]\nB-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of the FOIA]\nE.O. 13233\nC. Closed in accordance with restrictions contained in donor's deed of gift.\nTHE WHITE HOUSE\nWASHINGTON\nSeptember 21, 1983\nour 1 - Reagan Presidential Record\nDear\nbc\nThis is in response to your letter of September 7, 1983, to\nthe President. In that letter you expressed serious concern\nabout possible narcotics trafficking in your county.\nPlease be advised that we have referred your letter to the\nDepartment of Justice for appropriate action.\nThank you for sharing your concerns with us.\nSincerely,\nFred F. Fielding\nCounsel to the President\n56\nFFF: JGR:aea 9/21/83\nbcc: FFFielding/JGRoberts/Subj./Chron\n175098\nID #.\nCU\nWHITE HOUSE\nFI004\nCORRESPONDENCE TRACKING WORKSHEET\no . OUTGOING\nJohn\nH # INTERNAL\nI . INCOMING\nDate Correspondence\nReceived (YY/MM/DD)\n/\n/\nName of Correspondent: Robert A. Mc Connell\nMI Mail Report\nUser Codes: (A)\n(B)\n(C)\nSubject: Copy of letter to Thomas P. O'Neill re legislative\nproposal to facilitate funding f joint Drug Enforcement Task Forces\nand to grant State & local enforcement fficers, designated 64 the\nAltorney General the authority to enforce the Controlled Substances\nact 3 1970\nROUTE TO:\nACTION\nDISPOSITION\nTracking\nType\nCompletion\nAction\nDate\nof\nDate\nOffice/Agency (Staff Name)\nCode\nYY/MM/DD\nResponse\nCode YY/MM/DD\nCUHOLL\nORIGINATOR D03/10/06\n/\n/\nReferral Note:\nWAT18\nD DDIT 83/10/06\n583110146\nReferral Note:\n/\n/\n/\n/\nReferral Note:\n/\n/\n/\n/\n-\nReferral Note:\n/ /\n/\n/\n-\nReferral Note:\nACTION CODES:\nDISPOSITION CODES:\nA - Appropriate Action\nI . Info Copy Only/No Action Necessary\nA Answered\nC Completed\nC - Comment/Recommendation\nR. Direct Reply w/Copy\nB. - Non-Special Referral\nS Suspended\nD - Draft Response\nS For Signature\nF - Furnish Fact Sheet\nX Interim Reply\nto be used as Enclosure\nFOR OUTGOING CORRESPONDENCE:\nType of Response = Initials of Signer\nCode\n=\n\"A\"\nCompletion Date = Date of Outgoing\nComments:\nKeep this worksheet attached to the original incoming letter.\nSend all routing updates to Central Reference (Room 75, OEOB).\nAlways return completed correspondence record to Central Files.\nRefer questions about the correspondence tracking system to Central Reference, ext. 2590.\n5/81\nOF\nU.S. Department of Justice\nOffice of Legislative Affairs\nOffice of the Assistant Attorney General\nWashington, D.C. 20530\nHonorable Thomas P. O'Neill, Jr.\nSpeaker\nHouse of Representatives\nWashington, D. C. 20515\nDear Mr. Speaker:\nEnclosed for your consideration and appropriate reference is\na legislative proposal \"to facilitate improved Federal, State and\nlocal cooperation in drug enforcement.\n\"\nThe first section of the proposed bill would authorize the\nAttorney General to designate selected state and local law en-\nforcement officers as Federal law enforcement officers for the\npurpose of enforcing Federal drug laws. This would enable the\nDrug Enforcement Administration (DEA) to maintain and enhance its\ncooperative effort with state and local law enforcement authori-\nties to combat drug trafficking.\nThe drug trafficking problem is pervasive and, by its very\nnature, interjurisdictional. The Controlled Substances Act, 21\nU.S.C. § 873, mandates a coordinated approach at all levels of\nGovernment to combat effectively drug flow and abuse. For this\nreason, DEA has entered into cooperative arrangements with state\nand local law enforcement authorities, under which non-Federal\nlaw enforcement officers work with DEA Agents in long-term task\nforces, joint investigations and special enforcement operations\n(major conspiracy investigations directed at specific trafficking\norganizations). The future of these cooperative efforts, however,\nwould be enhanced if participating state and local law enforce-\nment agencies can be assured of adequate civil and criminal lia-\nbility protections for their officers while working with DEA.\nThe great majority of state and local officers have been\nunder the impression that they are protected by an implied grant\nof Federal enforcement authority while working under DEA super-\nvision. In fact, any state or local law enforcement officer who\ntravels beyond his authorized jurisdiction while assisting DEA\nfaces potentially substantial criminal and civil liability. Anal-\nysis of the law reveals the following conclusions.\nFirst, a state or local law enforcement officer is not a\nFederal employee for purposes of the Federal Tort Claims Act and,\ntherefore, the United States can neither assume liability nor be\nheld liable for his actions. 28 U.S.C. § 1346(b). Moreover, a\nstate or local officer is not a Federal law enforcement officer\nas defined by 28 U.S.C. § 2680 (h) and the United States could not\nbe liable for his intentional torts. Second, when operating\nbeyond the geographic jurisdiction of their parent departments,\nstate and local police officers, in most instances, have no\ngreater law enforcement authority than private citizens. Finally,\nthe possibility for personal civil liability of the state or\nlocal officer exceeds that of his DEA counterpart because the\nUnited States can only pay a judgment entered jointly against\nthe United States and a Federal employee. Similarly, the poten-\ntial for criminal liability is greater because the state or\nlocal officer could not defend on grounds of Federal law enforce-\nment authority.\nThe assignment of a police officer to a task force does not\nvest that officer with any Federal law enforcement authority.\nUnless deputized as a Federal officer, a task force officer\npossesses only that authority conferred by state or local law\nupon any member of his parent organization. Consequently, where\nthe enforcement responsibility of a task force is not coextensive\nwith that of the officer's jurisdiction, the officer may be\ncalled upon to exceed his lawful authority when fulfilling his\ntask force responsibilities.\nExcept for very limited circumstances, any police officer\nwho operates beyond the jurisdiction of his parent agency has no\ngreater authority than that of a private citizen and his authori-\nty to carry weapons, make arrests, execute warrants, and to con-\nduct investigations is similarly limited. When operating beyond\nhis jurisdiction, his potential civil and criminal liability are\nsignificantly increased, as the various \"good faith\" defenses\navailable to law enforcement officers often cannot be pleaded\nsuccessfully by private citizens. Nevertheless, task force in-\nvestigations often cross jurisdictional lines.\nIn short, state and local law enforcement officers cooperat-\ning with DEA Agents in law enforcement activities outside their\nparent jurisdictions do so at their own peril. DEA expects that\nthe cooperative arrangements developed over the past several\nyears could be lost in many areas and severely impaired in others\nunless this disparate liability is corrected.\nAfter a careful review of the liability problem, this De-\npartment has concluded that the most feasible solution would be\nto amend existing law, 21 U.S.C. § 878, to authorize the Attorney\nGeneral to confer the Federal enforcement powers of DEA officers\nupon selected state and local law enforcement officers. Imple-\nmentation of this authority will be strictly controlled through\ndetailed procedures designed to guarantee full accountability\n- 2 -\nfor all actions of any federally designated state or local offi-\ncer. In addition, the proposal incorporates by reference Section\n3374(c) of Title 5, U.S.C., to insure that important restrictions\nand controls in the Intergovernmental Personnel Act of 1970, as\namended, are applicable to such state or local officers. 1/\nSection 2 of the proposed bill will facilitate the continued\nfunding of the nine-year DEA task force program. For many years,\nthe Drug Enforcement Administration has entered into contractual\nagreements with various state and local law enforcement agencies\nfor the establishment of joint task forces to enforce the Con-\ntrolled Substances Act of 1970. These agreements have been based\nupon the general authority to enter into cooperative arrangements\nin 21 U.S.C. § 873 and more specific authorizations contained in\nDEA appropriations measures. Congress and OMB have consistently\nsought specific program legislation support appropriation authori-\nty. This \"housekeeping legislation\" is designed to provide such\nspecific legislative authority.\nIn order to maintain the effectiveness of the DEA/state and\nlocal cooperation program, I respectfully urge that this proposal\nreceive prompt consideration.\nThe Office of Management and Budget has advised that there\nis no objection from the standpoint of the Administration's pro-\ngram to the submission of this legislation to the Congress.\nSincerely,\nRobert A. McConnell\nAssistant Attorney General\nEnclosure\n1/ Specifically, the federally designated officers would be\ndeemed DEA employees for purposes of a variety of Federal stat-\nutes pertaining to employment limitations, political activities,\nforeign gifts and decorations, misconduct, bribery and graft,\nembezzlement and theft, disclosure of confidential information,\nlobbying with appropriated moneys; purchase, use, maintenance\nor repair of passenger motor vehicles and aircraft; the Federal\nTort Claims Act, and other Federal tort liability statutes.\nFederally designated officers would also be subject to executive\norders and regulations applicable to § 3374(c) matters. More-\nover, the statute indicates that supervision of the duties of\nsuch officers could be governed by agreement between DEA and the\nstate or local government concerned. Finally, a detail of a\nstate or local officer to DEA could be made with or without\nreimbursement by DEA.\n- 3 -\nA BILL\nTo facilitate improved Federal, state and local cooperation\nin drug enforcement.\nBe it enacted by the Senate and House of Representatives of\nthe United States of America in Congress assembled, that section\n508 of the Controlled Substances Act (21 U.S.C. 878) is amended\nto read as follows:\n\"§ 878. Powers of enforcement personnel\n(a) Any officer or employee of the Drug Enforcement Admin-\nistration or any state or local law enforcement officer designated\nby the Attorney General may --\n(1) carry firearms;\n(2) execute and serve search warrants, arrest warrants,\nadministrative inspection warrants, subpenas, and summonses issued\nunder the authority of the United States;\n(3) make arrests without warrant (A) for any offense\nagainst the United States committed in his presence, or (B) for\nany felony, cognizable under the laws of the United States, if\nhe has probable cause to believe that the person to be arrested\nhas committed or is committing a felony;\n(4) make seizures of property pursuant to the provi-\nsions of this subchapter; and\n(5) perform such other law enforcement duties as the\nAttorney General may designate.\n(b) State and local law enforcement officers performing\nfunctions under this section shall be deemed Federal employees\nonly for the purposes set forth in section 3374(c) of Title 5,\nUnited States Code.\"\nSec. 2.\nSection 503(a) of the Controlled Substances Act (21 U.S.C.\n873 (a)) is amended by adding the following new paragraph (6) :\n\"(6) notwithstanding any other provision of\nlaw, enter into contractual agreements with state\nand local law enforcement agencies to provide for\ncooperative enforcement and regulatory activities\nunder this Title.\"\n- 2 -"
}