Number: 

DAO 207-11

SECTION 1. PURPOSE.

.01 This Order prescribes: a uniform Official Credential for the Department of Commerce (the Department) law and regulatory enforcement units and offices authorized to conduct official law enforcement and non-law enforcement investigations; the official badges for use by special agents, enforcement officers, and other personnel performing law enforcement and non-law enforcement duties; and policy and procedures for the issuance and use of official credentials and badges.

.02 This revision: updates language for credentials to include compliance with the Law Enforcement Officers Safety Act (LEOSA) Improvements Act of 2010; includes the submission of required training documentation; and updates positions and authorities.

SECTION 2. AUTHORITY.

.01 The Form CD-277, Official Credential, shall be used by the offices listed in paragraphs 2.03, 2.04, 2.05, 2.06, and 2.07 below, for the authority specified. The position designation for law enforcement officer or police officer positions shall be high risk or critical sensitive if access to National Security Information is required. Employees selected for such positions shall not receive the Form CD-277 and Badge until the appropriate background investigation has been successfully adjudicated and documentation has been verified that the employee has successfully completed training in: 1) basic law enforcement; 2) weapons qualifications; and 3) deadly force policy. The position designation for non-law enforcement officer or police officer positions shall be determined by the risk or sensitivity level of the position itself.

.02 A badge shall be issued according to the position held by the employee, as follows:

a. The Official Special Agent Badge shall be used only by those employees who are assigned law enforcement duties and responsibilities specified in paragraph 2.03 below.

b. The Official Investigator Badge shall be used only by those employees listed in paragraph 2.04 below who are required to perform official non-law enforcement investigations that must be coordinated with law enforcement agencies.

c. The Official Enforcement Officer Badge shall be used only by those employees who are assigned law enforcement duties and responsibilities enumerated in paragraph 2.05 below.

d. The Official Police Officer Badge shall be used only by those employees who are assigned police officer duties and responsibilities listed in paragraph 2.06 below.

e. The Undesignated Badge may be used only by select employees who are required to perform official security duties, inquiries, or other programmatic oversight and Departmental administrative actions enumerated in paragraph 2.07 below.

.03 Only those employees who have been assigned law enforcement duties as specified in a statement of authorities below shall receive the Form CD-277 and Special Agent Badge.

a. Special Agents of the National Marine Fisheries Service, National Oceanic and Atmospheric Administration shall be issued the Form CD-277 and Special Agent Badge to perform all duties conferred upon them under the laws and regulations of the United States and the Department, including the authority to investigate, apply for and execute search warrants, serve subpoenas and summonses, administer oaths, make arrests without warrant, make seizures of property subject to forfeiture, bear firearms, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

b. Special Agents of the Office of Inspector General shall be issued the Form CD-277 and Special Agent Badge to perform all duties conferred upon them by the Inspector General Act of 1978, as amended, and in accordance with the laws and regulations of the United States and the Department, including the authority to conduct criminal and other investigations, bear firearms, execute warrants, serve subpoenas, administer oaths, make arrests for offenses against the United States, and perform such other duties as are authorized by law.

c. Special Agents of Export Enforcement, Bureau of Industry and Security shall be issued the Form CD-277 and Special Agent Badge to perform all duties conferred upon them under the laws and regulations of the United States and the Department, including the authority to investigate, apply for and execute search warrants, serve subpoenas and summonses, administer oaths, make arrests without warrant, make seizures of property subject to forfeiture, bear firearms, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

d. Special Agents of the Departmental Office of Security assigned to and having been properly deputized for secretarial protection functions shall be issued the Form CD-277 and Special Agent Badge to perform all duties conferred upon them under the laws of the United States and the regulations of the Department, including the authority to protect the Secretary of Commerce, bear firearms, make arrests without warrant, and require and receive information on matters regarding the laws of the United States and the regulations of the Department.

e. Special Agents of the Departmental Office of Security assigned to and having been properly deputized for mission-critical threat and counter-intelligence functions shall be issued the Form CD-277 and Special Agent Badge to perform all duties conferred upon them under the laws of the United States and the regulations of the Department, and may exercise authority vested in the Secretary or otherwise provided to the Office of Security, including the authority to investigate, administer oaths, bear firearms, make arrests, protect the Secretary of Commerce and Departmental assets, apply for and execute legal process and require and receive information on matters regarding the laws and regulations of the United States and the Department.

.04 Employees required to perform official non-law enforcement investigator duties as specified in a statement of authorities below shall be issued the Form CD-277 and Investigator Badge.

a. Investigators of the Office of Inspector General shall be issued the Form CD-277 and the Investigator Badge to perform all duties conferred upon them by the Inspector General Act of 1978, as amended, and in accordance with the laws and regulations of the United States and the Department, including the authority to conduct investigations and other inquiries, serve subpoenas, administer oaths, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

b. Security personnel in the Departmental Office of Security who have been formally trained via an approved course of instruction in investigative techniques/skills and currently performing in an official investigative capacity in support of a Departmental statutory function, shall be issued the Form CD-277 and Investigator Badge to perform all duties conferred upon them under the laws and regulations of the United States and the Department, including the authority to conduct investigations, make inquiries, administer oaths, coordinate with and obtain sensitive information from law enforcement organizations, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

c. Investigators of the National Institute of Standards and Technology, assigned to a National Construction Safety Team (NCST), shall be issued the Form CD-277 and Investigator Badge to perform all duties assigned by their management and authorized by the National Construction Safety Team Act, 15 U.S.C. 7301 et seq. in accordance with the laws and regulations of the United States and the Department, including but not limited to the authority to enter property where a buildingfailure being investigated occurred or where building components, materials and artifacts relevant to the building failure are located; and when related to the building failure, inspect any record, process or facility, inspect and test building components, materials and artifacts, and move the records, components, materials and artifacts.

d. Investigators of the National Institute of Standards and Technology performing investigations under NIST Organic Act authorities, shall be issued the Form CD-277 and Investigator Badge to perform all duties assigned by their management and conferred upon them under authorized under 15 U.S.C. 278f, 15 U.S.C. 281a, 15 U.S.C. 273, 15 U.S.C. 272(b)(11), 15 U.S.C. 272(c)(22) and in accordance with the laws and regulations of the United States and the Department, including the authority to conduct investigations of fires, structural failures, and the performance of any activity authorized by the NIST Act, 15 U.S.C. 271 et seq.

e. Compliance Officers of the Office of Antiboycott Compliance, Bureau of Industry and Security shall be issued the Form CD-277 and the Investigator Badge to perform all duties conferred upon them under the laws and regulations of the United States and the Department, including the authority to investigate, serve subpoenas, administer oaths, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

.05 Enforcement Officers of the National Marine Fisheries Service, National Oceanic and Atmospheric Administration shall be issued the Form CD-277 and Enforcement Officer Badge to perform all duties conferred upon them under the laws and regulations of the United States and the Department, including the authority to investigate, apply for and execute search warrants, serve subpoenas and summonses, administer oaths, make arrests without warrant, make seizures of property subject to forfeiture, bear firearms, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

.06 Police Officers and employees designated as such, shall be issued the Form CD-277 and Police Officer Badge to perform all duties conferred upon them under the laws and regulations of the United States and the Department and bear firearms pursuant to 40 U.S.C. 1315 and 41 C.F.R. Part 102-72 and 102-81.

.07 When not otherwise covered by the Order, select employees throughout the Department, including those from the Departmental Office of Security, responsible for coordinating security functions with law enforcement and judicial organizations, may, at the sole discretion of the Director for Security, be issued the Form CD-277 and Undesignated Badge to perform required official non-law enforcement inquiries or other programmatic oversight and Departmental administrative actions including the authority to make inquiries, coordinate with and obtain sensitive information from law enforcement organizations, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

.08 Employees required to perform official non-law enforcement duties as specified in a statement of authorities below shall be issued the Form CD-277 without a badge.

a. Equal Employment Opportunity (EEO) Investigators of the Departmental Office of Civil Rights shall be issued the Form CD-277 to perform all duties conferred upon them under the laws and regulations of the United States and the Department, including the authority to investigate Equal Employment Opportunity complaints, administer oaths, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

b. Designated employees of Export Enforcement, Bureau of Industry and Security performing analytical/liaison functions shall be issued the Form CD-277 to perform all duties conferred upon them under the laws and regulations of the United States and the Department, including the authority to investigate, gather intelligence, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

c. Auditors, inspectors, and evaluators of the Office of Inspector General, and other employees designated by the Inspector General shall be issued the Form CD-277 to perform all duties authorized by the Inspector General Act of 1978, as amended, and in accordance with the laws and regulations of the United States and the Department, including the authority to conduct audits, inspections, evaluations, investigations and other inquiries, serve subpoenas, administer oaths, and require and receive information relating to the laws and regulations of the United States and the Department.

d. Emergency Response Team members of the National Telecommunications and Information Administration shall be issued the Form CD-277 to perform all duties conferred upon them under the laws and regulations of the United States and the Department, including the ability to enter immediately into a disaster area to support the mission of the National Communications System (NCS), and the national security/emergency preparedness requirements, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

e. Compliance Officers of the National Oceanic and Atmospheric Administration, including personnel of the Commercial Remote Sensing Compliance and Monitoring Program (CRSCMP) shall be issued the Form CD-277 to perform all duties conferred upon them under the laws and regulations of the United States and the Department, including the authority to investigate, inspect and audit, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

f. Assistant Secretary Export Enforcement and Deputy Assistant Secretary (DAS) Export Enforcement of the Bureau of Industry and Security shall be issued the Form CD-277 to perform all duties conferred upon such office under the laws and regulations of the United States Department of Commerce, including overseeing the activities of Federal Law Enforcement Officers dedicated to the enforcement of export control laws and regulations of the United States and the Department. If the DAS is a career Law Enforcement Officer (i.e. GS-1811/1801) and such functions are clearly defined in both position description and performance plan, he/she may carry badge and credentials as defined in 2.03c.

g. Intelligence Research Specialists in the Departmental Office of Security shall be issued the Form CD-277 to perform all duties conferred upon them under the laws and regulations of the United States and the Department, including the authority to perform sensitive research, advisory, or liaison services and provide and receive information on matters regarding national security and law enforcement interests with a nexus to the mission of the Department of Commerce.

h. Information and Personnel Security Division staff in the Departmental Office of Security may be issued the Form CD-277 to perform all duties conferred upon them under the laws and regulations of the United States and the Department, including the authority to perform sensitive research, inquiries, or liaison services and provide and receive information on matters regarding personnel security and national security matters with a nexus to the mission of the Department of Commerce.

SECTION 3. RESPONSIBILITY.

.01 In those cases where the Director for Security has assurance that the holder of the specific credentials has current clearances and training to effectively execute the requisite duties of the occupied position, he/she shall sign all Form CD-277s authorizing the bearer to carry out official law enforcement duties in the Office of Export Enforcement, the National Marine Fisheries Service, the National Institute of Standards and Technology, and the Office of Security. The Director for Security shall also sign Form CD-277s for non-law enforcement positions, as well as retired law enforcement officer credentials. The Inspector General shall sign all Form CD-277s in the Office of Inspector General, including retired law enforcement officer credentials.

.02 The Director for Security shall manage the distribution and control of Form CD-277s and badges and oversee their use throughout the Department. When notified by the office or offices affected, the Director for Security shall revise the Form CD-277s and badges as necessary to conform to current law and Departmental policy.

.03 The head of each office listed in paragraphs 2.03, 2.04, 2.05, 2.06, and 2.07 above, shall designate to the Director for Security official(s) who will have authority and responsibility for requesting, issuing, and controlling the Form CD-277s and badges for their respective unit to include Retired Credentials.

.04 The official(s) designated in paragraph 3.03 shall be responsible for the individual issuance of the Form CD-277 and badge in his/her respective unit as well as the vetting process and subsequent submission of Exhibit 9, for the issuance of Retired Credentials. He or she shall ensure that the need for a Form CD-277 and badge or Exhibit 9 and Retired Credential has been clearly established in compliance with this Order.

SECTION 4. OFFICIAL CREDENTIAL, FORM CD-277, AND OFFICIAL BADGES.

.01 Form CD-277 is in two parts. The top half identifies the bearer by name, title, operating unit, and office or division. The bottom half displays the bearer's photograph and signature, the unit authority statement, a serial number, and the authorizing signature. Exhibit 1 of this Order displays a sample Form CD-277 with law enforcement authority. Exhibit 2 displays a sample Form CD-277 with non-law enforcement authority.

.02 Upon individual issuance to Special Agents and Investigators, the name and title of the bearer shall be printed on the top half of the Form CD-277 in the type style of Exhibits 1 and 2 of this Order.

.03 The Official Special Agent Badge (Exhibit 3) identifies the bearer as a Special Agent. The Official Investigator Badge (Exhibit 4) identifies the bearer as an Investigator. The Official Enforcement Officer Badge (Exhibit 5) identifies the bearer as an Enforcement Officer of the National Marine Fisheries Service. The Official Police Officer Badge (Exhibit 6) identifies the bearer as a Police Officer of the Office of Security, while the Official Police Officer Badge (Exhibit 7) identifies the bearer as a Police Officer of the National Institute of Standards and Technology. Exhibit 8 depicts the Undesignated Badge. Badges shall be serially numbered, or otherwise uniquely identifiable, and issued with the Form CD-277, unless excluded by this Order or by the Director for Security.

.04 The Form CD-277 and badge shall not be altered except as authorized by the Director for Security.

SECTION 5. ISSUANCE AND CONTROL.

.01 The Form CD-277 shall display proper titles and be issued only to Departmental personnel in those offices listed in paragraphs 2.03, 2.04, 2.05, 2.06, 2.07, and 2.08 unless authorized by the Director for Security.

.02 The Director for Security shall issue the Form CD-277 and badges in blocks as requested in writing by the official designated in paragraph 3.03 of this Order.

.03 The Form CD-277 shall be laminated to prevent alteration and inserted in a credential case.

.04 A record must be made of any issuance of the Form CD-277 and badge. An accountability register shall be maintained by the issuing official who includes the bearer's name, Form CD-277 and/or badge number, date of issuance, geographic area where the bearer is assigned, and final disposition of returned forms and badges. An inventory of all issuances shall be conducted semi-annually and an inventory report provided to the Director for Security annually by December 31. Any discrepancy discovered in the inventory shall be reported immediately to the Director for Security (see paragraph 7.05 below).

.05 Notwithstanding the provisions of paragraph 2.01 (i.e. weapons qualifications, etc.) the Director for Security may make badges/credentials available to those participating in Federal Law Enforcement Training Center (FLETC) basic law enforcement graduation ceremonies when the bureau's on-site representative attests that no known circumstances exist which would cause them to believe the individual would not obtain a FLETC diploma following the normal administrative period that traditionally exists (but not more than 2 weeks) to prepare/print/deliver certificates and all other requirements noted in this Order have been fully satisfied and documented. In these instances, certification of issuance or other credential dispensation is documented via Exhibit 9 which serves as a supplemental documentation to traditional requests.

.06 The issuing official shall ensure that personnel who are issued Form CD-277s and badges are properly informed as to the requirements and obligations governing such use under prescribed professional standards of conduct. .07 The issuing official shall retain returned badges and cases for reissuance and destroy returned Form CD-277s (see paragraph 7.05 below).

.08 At the discretion of the head of each office listed in paragraph 2.03 of this Order, and consistent with policies and procedures established for each such office, Special Agent Badges may be issued in duplicate for use in operational situations where it would be unsafe or impractical to display the badge mounted in or on the Form CD-277 case.

SECTION 6. RETIRED LAW ENFORCEMENT OFFICER CREDENTIAL.

.01 The Office of Security shall issue a Retired Law Enforcement Officer Credential (Exhibit 10) to employees of the Department who retire or have separated from service in good standing with the Department, after at least 10 years of service as a federal law enforcement officer or agent, or direct first-line supervisor of such persons, (defined by paragraphs 2.03, 2.05 and 2.06), had no serious disciplinary problems during his/her service as a federal law enforcement officer or agent, or direct first-line supervisor of such persons, and sign a certification (Exhibit 11) concerning the use and disposition of the Credential. The certification will include a provision under which the recipient of the Credential agrees to release, indemnify and hold harmless the United States Government, and any and all departments, agencies, or employees thereof, from any and all liability incurred as a result of any act or omission of the recipient arising out of or otherwise related to the issuance or use of the Credential.

.02 Prior to submitting the application (credential request form to include Exhibit 11) to the Office of Security for the authorization and approval by the Director for Security, the applicant must be vetted through the servicing Human Resources Office, Office of Inspector General and the Office of General Counsel.

.03 The official designated in paragraph 3.03 shall be responsible for the vetting process. He or she shall certify the need for a Retired Credential has been clearly established in compliance with this Order. In addition, he or she is responsible for properly coordinating the credential request form (to include Exhibit 11) through their servicing Human Resources Office, Office of Inspector General and the Office of General Counsel. The vetting process is an opportunity for an Official from stated offices to review the application and indicate whether they are aware of information concerning the applicant that could lead the Department to determine that the applicant did not separate in good standing and with no serious disciplinary problems during his or her service.

.04 For purposes of issuing a Retired Credential, an employee separated or separating from service may be considered not to have retired or separated in "good standing" if:

a. The employee separated during pending inquiry or investigation where the facts were likely to lead to a proposal for removal or other serious disciplinary action;

b. The employee separated following an inquiry or investigation leading to a determination that the employee had engaged in misconduct that could result in a proposal for removal or other serious disciplinary action but before any such action had been proposed;

c. The employee separated following a proposal or decision to remove the employee;

d. The employee had his/her security clearance suspended or revoked at the time of separation;

e. The employee has been officially found by a qualified medical professional employed by the agency, to be unqualified for reasons relating to mental health or otherwise had been found to be not fit for duty;

f. The employee had serious disciplinary problems during their service as a federal law enforcement officer; or

g. There is a situation or circumstance (other than those listed) that is deemed in the discretion of a Department office, or the Director for Security, not to constitute "good standing".

.05 The Retired Credential shall be issued only on the written recommendation of the Department operating unit by which such employee was employed at the time of his or her separation, and only if meeting the above stated criteria. It is recommended that two officials - the Head of the Operating Unit and another official between the applicant and the Head of the Operating Unit in the chain of command - certify that the applicant should be approved.

.06 Retired Credentials shall remain the property of the Department of Commerce and must be surrendered upon request.

SECTION 7. USE AND DISPOSITION.

.01 The Form CD-277 and badge shall be used only for official law enforcement, investigation, and liaison duties and not for transacting personal or non-official business or for any purpose other than specified in this Order. The Form CD-277 and badge shall not be used as a building pass. Penalties may be imposed pursuant to law for the improper use of official identification (see 18 U.S.C. 499, 701, and 1028).

.02 Individuals are personally responsible for safeguarding authorized Form CD-277s and badges from loss, theft, or possible misappropriation by any means while minimizing personal risk. The Form CD-277 and badge shall remain in the bearer's personal possession and not be left or stored in a manner which allows access by unauthorized persons. When not being used for a period of time, or when the bearer is on extended leave, the Form CD-277 and badge shall be secured in a government security container or locked file cabinet.

.03 Both parts of the Form CD-277 shall be carried in a plain black folding case having clear windows inside to permit reading of the two halves of the Form CD-277 in the case.

.04 Except with respect to duplicate Special Agent Badges issued in accordance with paragraph 5.07 of this Order, the Special Agent, Enforcement Officer, Investigator and Undesignated badge shall be mounted in or on the case holding the Form CD-277 Official Credential. Procedures and guidelines for public display of these badges will be established by the head of the office listed in paragraphs 2.03, 2.04, 2.05, 2.06 or 2.07 of this Order.

.05 Loss or theft of, or damage to, credentials and badges shall be immediately reported in writing to the issuing official with an explanation of the circumstances. An investigation into the circumstances concerning the loss, theft, or damage shall be immediately conducted by the issuing official. A copy of the report, which identifies the bearer's name, credential, badge number, date and place where the incident occurred, and other relevant facts, shall be forwarded to the Director for Security within 30 days after the completion of the investigation but no more than three months after the date of the loss, theft, or damage. Lost or stolen badges and credentials must be entered into the National Crime Information Center (NCIC) by the Operating Unit. Recovered credentials and badges are to be reported to the issuing official without unreasonable delay, and accountability records shall be adjusted to reflect the recovery. Recovered credentials may be either destroyed or reissued to the bearer, as appropriate. Under no circumstance, however, are individuals to retain more than one Form CD-277 at a time.

.06 Loss or theft of Retired Credentials shall be immediately reported to local police authorities with a request that an investigation be initiated and the loss or theft be entered into the NCIC. Any request to replace the lost or stolen Retired Credentials must be accompanied by a copy of an investigative report. A one-time replacement may be issued at the discretion of the Office of Security at no cost to the separated individual.

.07 Unless otherwise determined by the person designated in Section 3.03, credentials remain valid for the duration of employment, and once issued, are not to be reissued merely because of a change in the name or title of the authenticating official. Credentials shall be updated and reissued to the bearer when a change takes place under the following conditions:

a. Legal name change;

b. Official reassignment to a different position to reflect a change in title or in the bearer's authority; or

c. Mutilation of the credential, excessive wear, or lapse of sufficient time to indicate that a lost or stolen Form CD-277 will not be returned or recovered.

.08 Records shall be maintained by designated issuing officials to indicate the disposition of all credentials and badges. Upon termination of employment, reassignment, or transfer, the bearer shall return the Form CD-277, badge, and case to the issuing official prior to being granted final separation clearance. Issuing officials shall take appropriate action to ensure that credentials and badges are returned, or otherwise accounted for, prior to the employee separating from the service or the Department or transferring to another organizational unit within the Department. Credentials of persons who retire or separate from the issuing unit may be held for a period of time at the discretion of each issuing official and then destroyed. Except for those authorized under Section 6, Credentials and Badges will not be used as mementos to employees separating from service. Badges shall be returned to inventory for re-issuing.

.09 The careless handling, abuse, misuse, or intentional misrepresentation of official credentials and badges shall be cause for possible administrative or disciplinary action.

SECTION 8. EFFECT ON OTHER ORDERS.

This Order supersedes Department Administrative Order 207-11, dated July 11, 2008.

Signed by: Deputy Secretary of Commerce

COPIES OF THE EXHIBITS CAN BE OBTAINED FROM THE OFFICE OF SECURITY