Opinions

Individuals must be appointed pursuant to the Appointments Clause only if they (1) occupy a continuing position that is part of the federal government for constitutional purposes, and (2) exercise significant authority pursuant to the laws of the United States.

The Controlled Substances Act, 21 U.S.C. §§ 873(b) and 878, authorizes the Attorney General to designate Homeland Security Investigations special agents, regardless of whether their duties ordinarily include CSA investigations, as well as state and local law enforcement officers serving on HSI task forces, to investigate drug offenses ordinarily within the Drug Enforcement Administration’s sole jurisdiction.

When investigating drug offenses pursuant to such designations, all HSI personnel (including state and local law enforcement personnel serving as task force officers) must operate under DEA’s supervision.