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DOD Fails to Meet Credentialing Deadline for Law Enforcement Officers

The Department of Defense (DOD) has not met a crucial deadline to provide standardized credentials for its law enforcement personnel, which is significantly affecting their capacity to protect DOD-owned and -leased properties.

A key element of the fiscal 2023 National Defense Authorization Act stipulates that DOD must ensure, within 180 days of the legislation’s enactment, that both armed services members and civilian police officers receive standardized credentials. Additionally, their common access cards are to clearly identify them as law enforcement officers.

Although the act became law on December 23, 2022, the DOD has admitted it is still in the process of achieving full compliance with this mandate. In a statement to Government Executive, DOD spokesperson Sue Gough said, “We’re making the necessary adjustments to ensure that only authorized personnel receive these credentials. This involves differentiating between law enforcement roles and security functions.” She noted that some military personnel are assigned to security roles but do not qualify as law enforcement officers. Efforts are also underway to align DOD’s law enforcement standards with those of the Justice Department and other federal agencies.

Concerns surrounding this lack of proper identification have been voiced by a DOD police officer who, wishing to remain anonymous due to job sensitivities, shared how difficulties arise during investigations. “Currently, the only identification I carry is my uniform and badge,” the officer explained. “Often, I’ll be in the middle of an investigation, and people refuse to cooperate because I lack proof of authority. When that happens, our ability to continue is halted.” In such situations, individuals may choose to verify the officer’s identity via precinct contacts, but this can lead to premature ending of interactions.

Moreover, the officer revealed that they have faced obstacles in attending essential law enforcement training because they can’t provide evidence of their status. “Many training programs require proof of law enforcement credentials, which we simply don’t possess. Thus, we struggle to receive proper training or collaborate with other agencies,” they noted.

When it comes to procuring necessary equipment, similar issues persist. The officer mentioned that attempts to purchase items like handcuffs are often thwarted due to a lack of credentials. “A company selling handcuffs would typically require law enforcement credentials to complete the purchase. Without proving our authority, we can’t buy them,” the officer recounted.

While lacking law enforcement identification, the officer does possess a common access card, which fails to differentiate them from other DOD civilians. In a bid to escalate the issue, DOD police have reached out to Congress, filed grievances with their union, the International Brotherhood of Police Officers, and sought assistance from the National Association of Government Employees, but substantive responses have been scant.

The National Fraternal Order of Police recently urged House Armed Services Committee leaders to leverage their oversight capabilities to ensure DOD fulfills the credentialing requirement. National President Patrick Yoes emphasized, “This is a vital safety issue for civilian law enforcement who are tasked with safeguarding military installations and related personnel.” He expressed concern that a lack of proper credentials poses risks during interactions with both the public and law enforcement colleagues.

Similarly, the American Federation of Government Employees also called on the DOD to address the credentialing issue. Stephen Booth, chair of the AFGE DEFCON Police and Security Working Group, stated, “Congress instituted this measure to ensure all military and DOD civilian personnel involved in law enforcement activities are properly identified. DOD’s inaction complicates the responsibilities of these officers and potentially jeopardizes their safety.”

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