Agents Manual

The procedures, guidelines and other provisions of the Drug Enforcement Administration (DEA) Agents Manual are not intended to, do not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter, civil or criminal. Except for purposes of internal DEA procedure and discipline, these guidelines do not place any limitations on otherwise lawful investigative or litigative prerogatives of the DEA, its employees, or the Department of Justice (DOJ).

3/24/99 Agents Manual 99-2

CHAPTER 61 GENERAL

CHAPTER 61 GENERAL Subchapter 611 Authority and Conduct

6111 AUTHORITY

A. Special Agents of the Drug Enforcement Administration have been delegated authority under 21 USC 878 to:

1. Carry firearms.

2. Execute and serve search warrants, arrest warrants, administrative inspection warrants, subpoenas, and summonses -issued under authority of the United States.

3. Make arrests without warrants:

a. For any offense againBt the United States committed in their presence.

b. For any felony, cognizable under the laws of the United States, if they have probable cause to believe that the -person arrested has committed or is committing a felony.

4. Make seizures of property pursuant to the provisions of -Public Law 91-513.

5. Perform such other law enforcement duties as the Attorney General may designate.

B. Furthermore, 28 CFR, Appendix R, delegates authority to DEA Special Agents to: exercise all of the powers of enforcement personnel grarted by 21 USC 876 and 879; serve subpoenas, . administer oaths, examine witnesses, and receive evidence under 21 USC 875; execute administrative inspection warrants under 21 USC 880; and seize property under 21 USC 881.

C. In addition to their authority under 21 USC.878 and 28 CFR,' Appendix R, Special Agents may also have arrest authority under State law (see 6641).

6112 CONDUCT

Each DEA employee is expected to promote public confidence in the integrity and dependability of DEA. His manner will be dignified tactful, courteous, and diplomatic. Vhile on official duty, he will dress appropriately for the activity in which he is engaged (accepted business attire except when circumstances warrant another mode of dress; e.g., range or undercover surveillance). Each employee will be thoroughly knowledgeable of and be held accountable under the DEA Standards of Conduct set forth in Appendix A.

6113 ACCUSATIONS OF CONSTITUTIONAL RIGHTS VIOLATIONS

6113.1 PERSONAL LIABILITY OF AGENTS

A. The rights of a citizen are based on 18 USC 241 and 242, which read in part:

1. SECTION 241 - "If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his-having so exercised the same...shall be fined not more than $5,000 or imprisoned not more than 10 years, or both."

2. SECTION 242 -"Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, territory, or district to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishment, pain6, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be finéd .not more than $1 ,000 or.. i mpr i soned not more than 1 year, or both,"-

B. DEA agents may be charged with and held personally liable for violating a citizen's Constitutional rights. The principal consideration in deciding the agent's culpability in a given situation is whether he was acting in good faith and with reasonable belief that his actions were lawful.

6113.2 GOVERNMENT REPRESENTATION OF EMPLOYEES

A. A general policy of the Justice Department is to afford counsel and representation to government employees in civil, congressional, and non-Federal criminal proceedings. This policy will only apply where:

1. The employee was acting within the scope of his employment when the matter in question occurred.

2. The employee is not the target of Federal criminal investigation. _ «

B. Should an employee desire representation by the Justice Department in a matter which he believes meets the foregoing criteria, he should consult with the Office of Chief Counsel.

6113.3 REPORTING ACCUSATIONS OF VIOLATIONS. Accusations, by defendants or other persons that a DEA employee violated their civil rights, together with the circumstances and details of the situation that led to such allegations (e.g., resistance to arrest or use of force by DEA agents), will be handled in the same manner as in 6114.

Anytime a DEA employee receives a summons or complaint, whether in person or by mail, in connection with a civil lawsuit arising from a job-related activity, he should immediately notify his supervisor. The supervisor will immediately consult with the U.S. Attorney's Office and the Office of Chief Counsel who will coordinate an appropriate course of action. The employee should not acknowledge receipt of mailed process unless so instructed.

6114 SHOOTING INCIDENTS AND ASSAULTS

A. The following instructions apply to any discharge of a firearm by an employee (whether on or off duty) or officer of another agency during a joint investigation with DEA. Excluded from this are discharges of a sporting firearm in a recreational situation or a firearm discharged during training or practice on a firing range. This also applies to any assault on a DEA employee, DEA informant, or DEA Task Force Officer stemming from a job-related circumstance, or a DEA facility.

B. Any such incident will be immediately reported through the chain of command to the SAC (or equivalent management official). If circumstances warrant, local authorities should also be notified.

C. The SAC will in turn immediately notify, via telephone, Headquarters *(PI)* and appropriate drug section. The *-Headquarters Communications Center will be used as a conduit for this purpose if the incident occurs during nonbusiness hours. Within 24 hours of the incident (or by the next workday), the SAC will submit a teletype to *PI*, PR, *Firearms Training Unit/TR*, the appropriate drug section, *and the Board of Professional Conduct (BC)*, subject: "Discharge of Firearm," or "Assault on _". The teletype will contain the following information: -

1. Circumstances of incident (including case number and G-DEP code, if applicable).

2. Date, time, and place of incident.

3. Identity of individuals involved and/or witnessing the incident.

4. If a shooting, type of firearm and number of rounds If an assault, its nature (e.g., bomb, firearm, etc.).

5. Identity of injured parties, if any, and the nature severity of their injuries.

6. Property damage, if any.

D. Depending upon the circumstances, *PI* may conduct an investigation of the incident, or direct the SAC to conduct investigation, monitored by *PI*.

6115 THREATS AGAINST DEA EMPLOYEES, FACILITIES, INFORMANTS, TASK FORCE OFFICERS, JUDGES, PROSECUTORS, . . OR OTHER LAW ENFORCEMENT OFFICERS ~

A. DEA Employees

1. Any threat received, or allegedly made, against DEA personnel will be reported, through the chain of command, to the SAC or Office Head immediately. The SAC or Office Head will Immediately assign a case agent to ensure that appropriate investigation is initiated, conducted, and completed. The SAC or Office Head will then report the threat by telephone to the Office of Security Programs (PS) to be followed by teletype to PS, the Operations Division (DO), and the Office of International Programs (OF) if the threat involves a foreign based agent or office.

2. The information in the teletype should Include the following:

a. 'NAME, title, and location of person(s) threatened.

b. 'CASE AGENT NAME and contact numbers (home and fired. and

c. DATE OF THREAT and background to same (provide possible motivation and summarize preliminary efforts to' corroborate).

d. NATURE OF THREAT (who allegedly made it, his record and location if known; who reported it and what is the reliability of the source).

e. LOCAL SECURITY MEASURES that will be taken to ..enhance the security of the employee(s). If physical security enhancements (i.e., floodlights, alarm service, or guard, etc.) are a nt iclpa t e d, p r ovide 1o c al estimates of cost g. REMARKS: Include family situation (to include ages of dependents whose-safety could be in jeopardy), spouse employment, or other conditions affecting relocation.

3. The SAC or Office Head will ensure that the investigation of a threat against a DEA employee is given the highest priority and brought to fruition as quickly as possible. Threat investigations will be documented under Headquarters Program General File 9020 either as a file number or cross-filed, if carried under a regular drug investigation file number. A follow-up Report of Investigation (DEA-6) will be" submitted to PS, DO and OF (if foreign) every 30 days after the date of the initial reporting until the threat has been resolved. Case agents will confer with PS before closing any threat investigation.

4. All security enhancement equipment purchased by DEA (under 2e above) for the residence of a DEA employee, as a result of a threat, is accountable property for the employee and office of assignment. In all cases, once the threat has been resolved, the equipment must be reconciled with PS or returned to stock for future employment.

B. DEA Informants. Report as in 2a above and contact the appropriate prosecutor's office for possible application of the Victim and Witness Protection Act. For individuals who warrant some measure of protection but do not qualify for the Witness Protection Program, see 6612.43C of the Agents Manual. While the investigation of a threat against an informant does not merit the priority basis of a threat against a DEA employee, all reasonable efforts should be made to resolve the threat. One additional Report of Investigation must be forwarded to PS within 45 days of the initial reporting.

C. DEA Task,Force Officers. Report as in 2a above, with the SAC ensuring that the officer's parent agency is also notified immediately. DEA will provide all reasonable assistance; however, the officer's parent agency must assume primary responsibility for resolving the threat and providing appropriate security for the officer and his family.

D. DEA Facility or Property. Report as in 2a above. PS will coordinate with appropriate Headquarters elements. SAC's and Office Heads will also notify GSA if it is a Federal building.

E. Judges or Prosecutors. Report as in 2a above. PS will' notify the U.S. Marshals Service, the Department of Justice, and appropriate Headquarters elements.

F. Law Enforcement Officer (Non-Task Force). Any information received or developed by a DEA office regarding a threat to other law enforcement personnel should be reported directly to that agency by the SAC, Office Head, or DEA first line supervisor. Such notifications will be documented on a Report of Investigation and reported under a program general file as appropriate and. forwarded to PS.

6116 COMPROMISE OF A DEA INVESTIGATION, INFORMANT OR WITNESS

A. Information developed which indicates the possible compromise of a DEA investigation, informant, or witness will be immediately reported through the chain of command to the SAC (or equivalent management official).

B. The SAC will in turn notify Headquarters (PR and the appropriate drug section) via teletype within 24 hours (or by the next working day). The teletype will set forth as many details as are known at that point.

C. Depending upon the circumstances, PR may conduct an investigation, or direct the SAC to initiate an investigation to fully develop all the facts and assure that appropriate follow up measures are taken.

6117 VACANCY ANNOUNCEMENT (GS/GM-1811-1,4)

6117.1 GENERAL. The standard criteria for Vacancy Announcements for Criminal Investigator GS—1811—14 and Supervisory Criminal Investigator GM-1811-14 are contained in the following sections. This information is to be used in conjunction with published/telegraphic vacancy announcements. Any exceptions or particulars will be noted on the actual announcement of a specific vacancy. (See also Personnel Manual Subchapter 2250.4.)

6117.2 DOMESTIC POSITIONS

A. Qualifications. Criminal Investigators GS/GM-13 and GS/GM-14 are invited to apply. GS/GM-13 Criminal Investigators must have completed one year at the grade GS/GM-13 level by the closing date of announcement.

6. Rating Criteria. Knowledge, Skills and Abilities (Diversity of Experience, Leadership/Supervisory Experience, Complex Enforcement Experience, Special Skills) - 55 points maximum; Awards - 5 points maximum; Training - 5 points maximum; Performance - 35 points maximum.

SUBJECT« .6115 THPFATS AGAINST DEA EMPLOYEES, FACILITIES, •COOPERATING JNDrVlDUALS^,_ TASK FORCE OFFICERS, JUDGES, PROS]

ORCEMENT OFFICERS

and procedures for

This Notice provides t the various program ar

A. Paragraphs A thru

DEA «Cooperating Individuals.* Report as in *A2* above •«except code numbers of cooperating individuals will be used in lieb tJeir^nemVc ,*T""and contact the appropritiJL-E£osecutor^s office for/p^sT^}q application of the Victim a/d. ProtectIfcn/A/t. For/ir/dividuals who warrant ag/n^jrjeasi pjjot/ectiorc Jfcfjt d/ *o| Qualify lor the Witness Frptlcf ii tfe/fe612.4\c>cJ''yre Agfents Manual. «Any threat£geinsi c^pereting^suaj^idofij' will be handled in an afogropriai One additional Report of Investigation ihust bf^orwardec within 45 days of the initial reporting.*

C. DEA Task Force Officers. Change report as in 2A above to report as in *A2* above.

-t as in 2A above to as in 2A above to Vote: There are no other changes in this section.

D. DEA Facility or P report as in *A2* abo

E. Judges or Prosec report as in *A2* abi

a vi

Note: Open only to agents participating in the management career path. If selection represents incumbent's initial supervisory or managerial assignment in the federal sevice, a 1-year probationary period is required.

C. Duties

1. Unit Chief, Office of Training. Incumbent is responsible for providing entry-level, specialized, and advanced training pro--grams for DEA core discipline personnel. Establishes training objectives and curricular design of each specific program of training within the unit. Responsibile for formulating and revising objectives to meet the training goals of the unit's training program.

2. Mobile Unit Chief. Incumbent is responsible for providing a broad range of training programs for law enforcement officers. Position involves advance trips to foreign countries to determine training needs. Designs program for training use in the U.S. and foreign countries.

3. .Watch Commander. Incumbent supervises the special operatioiTi functions oT the El Paso Intelligence Center (EPIC) in support of a multiplicity of program areas involving air, marine, surface narcotics and other trafficking, designed to facilitate the dissemination of "real time" intelligence to field elements of DEA, participating Federal agencies, and state and local agencies.

4. Group Supervisor. Incumbent provides technical' and administrative supervision over criminal investigators primarily involved in planning and conducting investigations of individuals suspected of engaging in large scale drug trafficking operations.

5. Resident Agent in Charge. Incumbent directs Resident Office operations, develops criminal investigations of potential illicity narcotics and dangerous substances activities and supervises assigned staff. -.

6. Chief, Technical Operations. Incumbent plans, organiz-es and coordinates the technical operational aspects of criminal Investigations within the area. Assigns Criminal Investigators, Electronic Technicians, Investigative Assistants, etc., to specific portions of the investigations. Provides background information, suggests procedures and leads, monitors investigators progress and activities, and assumes prime responsibility for the integrity of the group.

7. Intelligence Group Supervisor. Directs group operations; participates in and directs the development, coordination, and evaluation of the organized crime and intelligence program for the Division. Implements programs targeted at the effective collection, evaluation and dissemination of tactical and strategic intelligence data to support investigative efforts.

8. Task Force Group Supervisor. Supervises a unit of Task Force officers including Special Agents in the field Division carrying out in-depth criminal investigations of major concerns to the agencies involved. Assumes prime responsibility for the integrity of the units and coordinates overall aspects of the investigations.

9. OCDE Task Force Coordinator. Positions are located in 13 core cities of the President's Organized Crime Drug Enforcement Task Force Program. Incumbents of these positions coordinate DEA's participation in the program and coordinate the activities of agents assigned to the task forces.

*»>• -«••w»! «ral ml D>. / «•«■W hM>IH » "M* ** •«•«WI/M «• «"Mt* IMMM

DEA Notice Page 5

scope

6117

! "J 1 p. fv f end/ymlrus •vq^Jens, •vÇTlion tup international scope

. Paragraphs A thru C9

pervisor. Incumbent pr isiop over Criminal In coordinates operation inal Investigations of

Hake the following pen areas.

f118.4 ,AUTHORIZED EXE i lie seme.

f118.4 ,AUTHORIZED EXE i lie seme.

e various program aphs A thru B remain

C. Cross out the first sentence ii/this paragraph

f 34 2.4 MONTHLY ACTIV subsection.

i55>. Cross out this hs A thru D remain the

614 1 MONTHLY ASSET REMOVAL AMP DEA-T "INFORMATION ONLY' PACKAGE. Cross out this subsection.

f 34 2.4 MONTHLY ACTIV subsection.

6143.2 OTHER QUARTS^Ly REPOR' same. *

i55>. Cross out this hs A thru D remain the

E. Quarterly firearms Seizures Reports, see •6663.61(C).'*

Note: There are no other changes in Chapter 61.

92-3 AGENTS MANUAL 4/2

6117.3 FOREIGN POSITIONS

A. Qualifications. Same as domestic positions.

B. Assignment Information. See Vacancy Announcement for tour length. Knowledge of host country language may be required or applicant must be willing to attend FSI language training .(see Vacancy Announcement). Selected employees and dependents are required to pass physical examinations given by State Department. Candidates should familiarize themselves with living conditions by reviewing State Department Post Reports. Education of dependents through high school is provided or paid by the U.S. Government. Dependents in college are allowed one trip to the overseas location each 12 months. Medical expenses and hospitalization are provided for most illnesses incurred in line of duty. Housing allowance is provided. Up-to-date State Department Post Reports and information on available housing, furnishings, and appliances is available from AMGT upon request.

C. Rating Criteria. Same as domestic positions.

D. Duties

1. Country Attache. Incumbent represents DEA on the Ambassador's staff (at the Ambassador's discretion and in a diplomatic status) and serves as advisor to the host country on international narcotic and dangerous drug trafficking matters.

2. Resident Agent in Charge (Foreign). Responsible for providing criminal investigative expertise and assistance : to a foreign law enforcement agency on narcotic and dangerous drug control programs. Plans, organizes and conducts complex criminal investigations, directs the activities of the foreign narcotic agents as may be required and approved by foreign officials and establishes and maintains effective liaison wit-h the highest- •■* officials of the host country narcotic enforcement agency and the U.S. Military Command.

3. Enforcement Supervisor (Foreign). Supervises a group of Senior Criminal Investigators who provide expertise and assistance to foreign agencies and enforcement officials on narcotics and dangerous drug enforcement and control programs; plans and. organizes DEA programs in the host country; conducts complex criminal investigations involving international criminal conspiracies and identifies primary GEO-DEP class violators; establishes and maintains liaison with host country and counterpart foreign law enforcement officials.

6118 PHYSICAL FITNESS PROGRAM

6118.1 PURPOSE

A. The general purpose and goals of the Physical Fitness Program are to:

1. Raise the health and fitness level of the DEA workforce.

2. Promote lifestyle changes which are designed to increase productivity, increase morale and decrease disability within the DEA workforce.

3. Develop future health and fitness maintenance standards for Special Agents.

B. Research in the area of coronary artery disease as well as other physical disabilities has determined that certain, occupational groups are prone to become victims of stress-related illness. Law enforcement officers suffer one of the highest incidences of heart disease and lower-back disability when compared to other occupational groups. It has also been demonstrated that the law enforcement community is, on the. average, higher in body fat, serum cholesterol, and lower in strength, endurance, and flexibility than many other groups..

Risk factors associated with coronary artery disease such as emotional stress, physical inactivity, improper diet, shift-work, overtime and travel are characteristics inherent to this occupational group.

Aerobic conditioning, anaerobic exercise (musculoskeletal strength training) and stretching exercises coupled with a prudent diet are preventive measures available to our employees which effectively counterbalance these occupational characteristics.

6118.2 GENERAL -

A. The DEA Physical Fitness Program consists of three phases: Phase I, Health and Medical Screening; Phase II, .Field Assessment Testing; and Phase III, Fitness Coordinator recognized/individualized exercise and nutrition program (see 6118.3). Participation in Phase I, and if cleared, Phase II, is mandatory for all Special Agents, and voluntary for non-agent personnel. Special Agents are encouraged to establish and sustain a high level of physical fitness. Physical fitness enables Agents to cope more readily with the stress of a law enforcement career and handle critical contingencies readily and confidently. The success of the program, in terms of benefits to the individual and to DEA, depends on the professionalism of each Agent participant and- the management of the program by our Headquarters Office Heads, SA£'s, ASAC's, field supervisors and Fitness Coordinators.

B. Participation in the Physical Fitness Program means that Special Agents are required to participate in Phase I (health & medical screening) and, if cleared, Phase II (f1tness assessment) every six months. Special Agents will be screened and assessed every six months to develop the following information:

1. Determine the health and fitness progress of our Agent workf orce;

2. Inform Special Agents of their individual progress;

3. Compare the health and fitness level of DEA Special Agent workforce to other law enforcement communities as well as the general population; and

4. Develop a data base to establish future health and fitness maintenance standards for our Special Agent workforce.

C. Involvement in Phase III (a Fitness Coordinator-recognized exercise and nutrition program) is totally voluntary for all Special Agent and non-Agent personnel. However, to encourage Special Agents to maintain a regular fitness program, the Administrator has authorized three (3) hours of official time per week to enable participation in Phase III. Non-agent personnel will not be authorized administrative leave for exercise activity.

Both Agent and non-agent personnel will be authorized administrative leave for actual meetings with Fitness Coordinators for screening, assessment and counseling.

6118.3 RESPONSIBILITIES

A. The Personnel Manual (paragraph 2792.21) defines the DEA Health and Protection Program and states that periodic physical examinations are mandatory for all Special Agent personnel*.

B. Paragraph 2792.22A1 states that physical examinations will be performed annually for those Special Agents 40 years of age and older; and every 3 years for those under 40, unless in the opinion of the examining physician more frequent examinations aye indicated in certain cases.

C. In addition to periodic physical examinations, all Special Agents must submit to the bi-annual health/medical screening and, if cleared, fitness assessment phases of the Physical Fitness Program.- At this time, Special Agents who are not medically cleared will not be adversely affected by their Inability to advance through the fitness assessment phase of the program. Also, Special Agents who are able to participate in the fitness assessment phase will not be required to pass any.portlon of the assessments and will not be adversely affected by this final score .

D. SAC's will ensure that all Special Agents participate in Phase I and, if medically cleared, Phase II.

Phases I and II of the Physical Fitness Program will be conducted during March-May and *September-November* of each calendar year in accordance with the following procedures:

1. Phase I ~ Health/Medical Screening. The objective of this phase is to determine the extent to which an individual can safely participate in Phase II and perform strenuous exercise.

a. The responsible Fitness Coordinator obtains certain data from the individual to determine whether that person could be at risk for coronary heart disease. This data includes,, but is not limited to:

(1) A review and update of the individual's Health

History.

**(2) A review of the Individual's bloodwork data.**

(3) A review and update of the individual's exercise and nutrition assessment.

(4) Recording skinfold measurements.

(5) Recording the resting heart rate.

(6) Recording the blood pressure reading.

(7) Recording the recovery heart rate (through the administration of the three-minute step test), unless contraindications to exercise testing have been discovered up to this point.

Based on the'projected risk level, the individual is either cleared or riot cleared for further participation in the program.

b. Those Special Agents with a questionable medical history or medical problem which prevents clearance for Phase II are to pursue one of the following courses of action to improve his/her condition and enable them to participate In Phase II during future assessment cycles:

(1) Obtain a physician's clearance to continue to Phase II assessments. A physician clearance form is provided by the Health Services Unit as part of the Special Agent medical package or can be obtained from the Fitness Coordinator.

(2) Begin an exercise/nutrition program under a physician's supervision designed to increase the individual's health and fitness status to a level which will allow re-entry into the program and completion of Phase II.

(3) -Obtain a physician's clearance to begin a "starter" exercise/nutrition program developed by the DEA Fitness Coordinator and designed to increase the individual's health and fitness status to a level which will allow participation in Phase II. Significant medical findings may necessitate private physician referral for follow-up examination and/or treatment. The costs for such must be borne by the Agent or his/her health benefits carrier. However, authorization for additional diagnostic tests is handled on a case-by-case basis by DEA's Health Services Unit.

Special Agents are expected to take whatever 6teps are necessary toward the ultimate improvement of their current health status. To ensure that proper medical treatment is received by those Special Agents with significant medical problems, DEA's Health Services Unit will periodically review the medical files of those Special Agents who have been unable to advance through the fitness assessment phase of the program. Additional medical examinations may be required in accordance with the guidelines 6et forth-in ' Subsection 2339.1 of the Personnel Manual.

2. Phase II - Fitness Assessment. The objective of this phase is to determine the individual'6 present fitness . level and to ensure safe participation in Phase III of the program.

a. Assessments are conducted by the responsible Fitness Coordinator covering the following key fitness areas through the administration of (but not limited to) the following testing procedures:

1. Aerobic Capacity - 1.5 Mile Run/Walk Test

2. Flexibility - Sit and Reach Test

3. Strength - One-minute Timed Push-up Test

- One-minute Timed *Curl-up* Test.

b. The results of Phase I screening and Phase II assessments are recorded by the Fitness Coordinator *on Health and Fitness Data forms supplied by Headquarters Fitness Staff. Completed Health and Fitness Data forms are to be signed by the Fitness Coordinator and forwarded to the division office Fitness Coordinator representative for assembly. Forms are then submitted to the Headquarters Fitness Staff with a cover memorandum from the SAC as part of the Biannual Physical Fitness Program Report (6145.1)*

E. Involvement in Phase III (a Fitness Coordinator-recognized exercise and nutrition program, see 6118.4) is entirely voluntary. The objective of this phase is to provide guidance to the individual in development of an appropriately individualized fitness program which sets realistic and achievable goals towards maintaining an acceptable level of fitness conducive to good health and effective job performance. '

1. An appropriate individualized fitness program is one that addresses the four key fitness areas (aerobic capacity, flexibility, strength and body composition) in accordance with the current fitness level of that individual.

2. Realistic and achievable goals are those based on the results of the screening and assessment phases of the program. These goals will -reflect where each Individual ranks in comparison to both the general population and members of the DEA Agentwork-force in his/her sex and age category.

3. An acceptable level of fitness is that which is considered the minimum level required to safely and efficiently carry-out the investigative responsibilities required by the agency.

6118.4 AUTHORIZED EXERCISE PROGRAM. Involvement in a Fitness Coordinator-recognized exercise program authorizes the Special Agent three one-hour exercise periods per week according to the following guidelines.

A. Authorization remains contingent upon the demands of the division/office in which the Special Agent works and is subject to approval by the supervisor in charge of that division or office.

B. Activities that will be permitted for on-duty time will relate directly to the individual exercise programs recognized by the Fitness Coordinator. ... «

C. Exercise periods are not to be taken during the first or last hour of the official working day. AUO guidelines prohibit claiming exercise periods as overtime. Workouts may be coupled with lunch periods.

D. Workouts are not to be conducted in a country club atmosphere. Recreational sports such as bowling, badminton, and golf are not authorized. Competitive team sports should not be a substitute for an individualized exercise program. Aerobic conditioning exercises (such as running, exercycling, handball, racquetball, and swimming) and anaerobic exercises (such as musculoskeletal strength training) are authorized in YMCA/health club settings under the discretion of the SAC or Office Head. The SAC or Office Head is responsible for the management and success of the program within the division/office.

The DEA Fitness Coordinators are directed to publicize benefits of participation in the program to encourage maximum participation. These benefits include, but are not limited to, such areas as the following: decreasing the risk of coronary heart disease through the lowering of blood pressure, decreasing pulse rate and cholesterol levels, improving emotional and physical well being, and increasing energy, alertness, and productivity. Suggestions, recommendations, or requests of a specific nature should be directed to the Headquarters *Health Services Unit Fitness Staff.*

6118.5_

6118.5 **OGV USE IN PHYSICAL FITNESS PROGRAM ACTIVITIES •

The use of OGVs by Special Agents for physical fitness activities is authorized only during the authorized three one-hour, on-duty exercise periods per week specifically described In subsection 6118.4 above. Special Agents are allowed to use their OGVs for travelling to and from fitness facilities for the purpose tof undertaking the authorized three one-hour, on-duty exercise periods.

Saturdays, Sundays, leave days, and holidays are not considered official work days, thereby prohibiting the use of OGVs for physical fitness activities on those days. Futhermore, since the use of an OGV for physical fitness purposes is limited to use while a Special Agent is taking his/her specifically designated one-hour fitness periods and since these periods are to occur during the official working day but not the first or last ho'ur of the official working day, the use of an OGV is also prohibited for fitness activities undertaken before or after the regular 8-hour work day; Since the three one-hour exercise periods per week are authorized only the DEA Special Agents particiapting in a DEA authorized exercise program, prior written approval by the SAC or Country Attache is required for a Special Agent to utilize an OGV in this regard.

Only DEA Special Agents can be authorized the use of an OGV for participation in physical fitness activities. Office Heads are to ensure that all personnel under their supervision are aware of this policy.

6118.6 PHYSICAL FITNESS PROGRAM REQUIREMENTS FOR FOREIGN OFFICES

A. Foreign offices which have trained DEA Fitness Coordinators,in place are expected to comply with all program requirements.

8. Participation in Phase I and II is required prior to departure to an overseas tour of duty.

1. Participation in Phase I and II should be accomplished while on scheduled trips to a domestic office (home' leave, R&R, return for training, court of operational matters) or to a foreign office which has trained DEA Fitness Coordinators in place.

2. Scheduling of travel by foreign personnel (by CA or Office of International Programs (OF)) to a domestic office or to a foreign office which has trained DEA Fitness Coordinators in place should include meetings with available Fitness Coordinators to ensure that Phase I and II program requirements are met.

3. The DEA Fitness Coordinator will screen and assess foreign TDY personnel and provide the required file documents and data captured by the results of the Phase I and II screening and assessment process to the Headquarters Fitness Staff (AHMH) for retention in the fitness files. Documents will be submitted by registered mail, return receipt requested.

4. The Country Attache, or his designee, is to certify and be responsible for compliance to the program.

C. Participation in Phase III of the established program (to include utilization of health club memberships) is voluntary while posted at foreign missions.

D. All foreign offices are expected to comply with existing-policy guidelines regarding procurement and utilization of health club memberships.**

6118.7 BI-ANNUAL PHYSICAL FITNESS PROGRAM REPORT (See 6145.1)

Subchapter 612 Equipment (Also see Administrative Manual Chapter 03.)

6121 IDENTIFICATION

6121.1 POCKET COMMISSION AND BADGE

A. Issuance. At the completion of Special Agent basic training, each agent will receive a DEA badge and a pocket commission identifying the agent by name, signature and color photograph, and bearing the appropriate authority and signature of the Administrator.

B. Use. These credentials (commission and/or badge) will be presented as evidence of authority when requested or when necessary for identification purposes. Generally, the commission, should be used for these purposes when dealing with the public or other authorities. Agents will keep their commission and badge'in their immediate personal possession at all times on official duty, except when possession may compromise an undercover assignment.

C. Alteration. Any change or alteration of the commission or badge is expressly prohibited and may result in disciplinary action.

D. Loss/Theft. Agents must exercise caution to prevent the loss or theft of credentials to preclude their improper use. Loss/theft will immediately be reported to the SAC/CA/0ffice Head, who will immediately advise Headquarters PR and PS. Within 48 hours the SAC/CA/0ffice Head will follow up the initial notification to PS and PR with a teletype to PS, PR, BC, and AMG containing the same information required in 6122.7G.

E. Replacement

1. Commission. New commissions bearing a current photograph of the agent will be issued every 5 years, or whenever required by wear or damage. New photographs will be obtained locally and forwarded to the Office of Security Programs (PS), .who will prepare the new commission. Upon receiving the replaceuent, the Agent will surrender the old commission to the Office Head (or his designee), who will forward it to PS for disposal. PS will maintain records of accountability and disposal.

2. Badges. Badges requiring repair or replating will be sent to PS by registered mail. PS will repair or replace the badge as appropriate and return it to the requesting office. No changes, alterations, or additions to the basic design and color are a1lowed.

F. Surrender. Upon separation from the service, the Agent will surrender his commission and badge to the Office Head (or his designee), who will forward them to PS for appropriate disposition. The agent's supervisor is responsible for reconciling outstanding credentials, and any other DEA property, with property records.

6121.2 PERSONAL BUSINESS CARDS. The use of personal business cards Ti optional, within the following policy guidelines.

Continue reading here: What Weapons Can Dea Agents Carry

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