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Management Assistance Report: Law Enforcement Credentials, Weapons, and Premium Pay for Employees in Non–Law Enforcement Roles

WISP-26-02
    Report Contents
    Unclassified

    Summary of Review

    In October 2025, the Office of Inspector General (OIG) received a whistleblower complaint that the Bureau of Diplomatic Security (DS) at the U.S. Department of State (Department) was not complying with laws and regulations that required special agents who take assignments that do not involve law enforcement duties (“out-of-cone assignments”) to surrender their credentials and weapons and decertify themselves from receiving law enforcement premium pay.

    OIG substantiated these allegations. Specifically, OIG found that among special agents assigned to positions that did not involve law enforcement duties, eight special agents had not surrendered government-issued firearms, nine had not surrendered credentials, and two continued to claim law enforcement premium pay. OIG determined that these issues occurred, in part, because DS lacked sufficient accountability mechanisms to ensure compliance with laws and regulations.

    DS leadership supports out-of-cone assignments because they enable special agents to fill critical positions and gain interagency leadership experience. DS leadership expressed concerns to OIG that legal requirements pertaining to credentials, weapons, and law enforcement premium pay could deter special agents from serving in out-of-cone assignments, and in response, DS leadership has proposed changes to these requirements. Until the Foreign Affairs Manual (FAM) and other guidance are amended, however, special agents must follow applicable Department standards and federal law with respect to credentials, weapons, and law enforcement premium pay.

    OIG performed the investigative work associated with this report in conformance with the Quality Standards for Investigations issued by the Council of the Inspectors General on Integrity and Efficiency (CIGIE). The report was drafted in accordance with CIGIE’s Quality Standards for Federal Offices of Inspector General, which require adherence to professional standards of independence, due professional care, and quality assurance, including procedures to ensure the accuracy of the information presented.

    OIG made three recommendations to DS in this report, and DS agreed with each recommendation. The bureau’s formal response to a draft of this report is reprinted in its entirety in the appendix. OIG considers each recommendation resolved, pending further action.

    Recommendation Number
    1
    Open Resolved

    The Bureau of Diplomatic Security should ensure compliance with 12 FAM 372.7-1 by contacting each out-of-cone agent who has retained credentials or weapons and requesting their return within 30 days. The Bureau should refer for disciplinary action any agents who refuse this direction, as well as report them to OIG, as required by 22 U.S.C. § 3929(c)(6).

    Recommendation Number
    2
    Open Resolved

    The Bureau of Diplomatic Security should ensure compliance with federal law by referring out-of-cone agents who are still collecting Law Enforcement Availability Pay to the Bureau of the Comptroller and Global Financial Services to recoup these improper payments.

    Recommendation Number
    3
    Open Resolved

    The Bureau of Diplomatic Security should refer for disciplinary action any agents who refuse to decertify from Law Enforcement Availability Pay, as well as report them to OIG, as required by 22 U.S.C. § 3929(c)(6).