SECTION 1. PURPOSE.

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

.02 This revision delegates authority to the Director for Security, previously held by the Chief Financial Officer and Assistant Secretary for Administration, to sign all Form CD-277s, “Official Credential and Badge,” 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. The Inspector General will continue to sign all Form CD-277s in the Office of the Inspector General, including retired law enforcement officer credentials. This revision also prescribes a uniform Retired Law Enforcement Officer Credential for the Department’s law and regulatory enforcement units and prescribes the policy and procedures for the issuance and use of such credential.

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. 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.

.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 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 security oversight 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 Departmental assets, bear firearms, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

f. Special Agents of the Departmental Office of Security assigned to investigative 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 investigate, administer oaths, bear firearms, make arrests, protect the Secretary of Commerce and Departmental assets, and require and receive information on matters regarding the laws of the United States and the regulations of 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 coordinating security functions with law enforcement and judicial organizations 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 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, including the National Construction Safety Team (NCST), 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 ability to investigate building failures, access the site of a building disaster, serve subpoenas, access key pieces of evidence, move and preserve evidence, 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 of the National Institute of Standards and Technology and the Office of Security 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.

.07 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. Compliance Officers of the Office of Antiboycott Compliance, Bureau of Industry and 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 investigate, serve subpoenas, administer oaths, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

c. Non-sworn supervisors and investigators of Export Enforcement, Bureau of Industry and 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 investigate, gather intelligence, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

d. 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.

e. Federal Emergency Communications 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 National Response Framework, the mission of the National Communications System (NCS), and national security and emergency preparedness (NSIEP) requirements, and require and receive information on matters regarding the laws and regulations of the United States and the Department.

f. 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.

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. 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 an official who will have authority and responsibility for requesting, issuing, and controlling the Form CD-277s and badges for their respective unit.

.04 The official designated by the head of each office pursuant to paragraph 3.03 shall be responsible for the individual issuance of the Form CD-277 and badge in his/her respective unit. He or she shall ensure that the need for a Form CD-277 and badge 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 either the Office of Security or the National Institute of Standards and Technology. 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, and 2.07, 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 which 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 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.

.06 The issuing official shall retain returned badges and cases for reissuance and destroy returned Form CD-277s (see paragraph 7.05 below).

.07 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 7) to employees of the Department who retire or have retired in good standing from the Department after at least twenty years of service as a federal law enforcement officer or agent (defined by paragraphs 2.03, 2.05 and 2.06), had no serious disciplinary problems during their service as a federal law enforcement officer or agent, and sign a certification (Exhibit 8) 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 The Credential shall be issued only on the recommendation of the Department operating unit by which such employee was employed at the time of his or her retirement, and only if meeting the above stated criteria.

.03 Upon certification by the operating unit, the Credential shall be authorized and approved by the Director for Security.

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, and Investigator 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, or 2.06 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). 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 retiree.

.07 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. 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 January 31, 2006.

Signed by: Deputy Secretary of Commerce

Approved by: Secretary of Commerce

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