**(200)-100 [Issuance of Retired Law Enforcement Photographic
Identification]{.underline}**

1.  [Overview.]{.underline}

This section establishes policy and procedures related to the issuance
of photographic identification to qualified retired law enforcement
officers of TIGTA (or the Internal Revenue Service Inspection Service)
pursuant to the Law Enforcement Officers Safety Act of 2004 (the Act).
The Act exempts qualified retired law enforcement officers from State
laws prohibiting the carrying of concealed firearms. The Act
specifically excludes from the definition of a firearm a machinegun,
silencer, or any destructive device defined in section 18 U.S.C. § 921
(including a bomb, grenade, poison gas or mine). Also, the Act does not
override State laws that permit private persons or entities to prohibit
the possession of a concealed firearm on their property, or the
possession of firearms on any State or local government property,
installation, building, base, or park.

The Act does not convey any law enforcement authority (e.g., power to
execute and serve search or arrest warrants). Thus, it does not
authorize the carrying of a firearm on a commercial airline. In
addition, the test for obtaining Department of Justice representation is
not affected by the Act. There are no circumstances in which retired
agents will be deemed to be acting within the scope of official
Government duties.

The Act specifically excludes from its coverage any retired agent who is
under the influence of alcohol or another intoxicating or hallucinatory
drug or substance while carrying a concealed firearm and any individual
who is prohibited by Federal law from receiving a firearm.

100.2 [Criteria for Issuing Photographic Identification to Retired
Special Agents.]{.underline}

Upon written application to the TIGTA Director, Human Resources, Office
of Mission Support (OMS), TIGTA will provide photographic identification
indicating that the holder is a retired law enforcement officer to any
TIGTA S/A (or IRS Inspection Service inspector) who meets the following
standards:

-   retired in good standing for reasons other than mental instability;

-   retired with a minimum aggregate of 15 years of service as a law
    enforcement officer or, after completing any applicable probationary
    period, retired due to a service-connected disability;

-   is entitled to Federal retirement benefits; and

-   provides an FBI CJIS records check of the National Crime Information
    Center (NCIC) database for the purpose of verifying that the retiree
    is not prohibited by Federal law from receiving a firearm.

In addition to obtaining photographic identification, in order to carry
a concealed weapon, retired agents must possess a notarized
certification issued by the State in which they reside that indicates
that they have, within the last year, been tested or otherwise found by
the State to meet the standards established by the State for training
and qualification for active law enforcement officers to carry a firearm
of the same type as the concealed firearm. TIGTA will not reimburse
retired agents for any cost associated with this qualification
requirement or provide firearm qualification testing for retired special
agents.

Department of the Treasury Interim Guidance on Treasury Credentials,
Badges and Shields, dated September 8, 2005, also requires that each
retired agent seeking qualification under the Act annually must meet
their state of residence standards, if any, regarding alcohol or drug
use by law enforcement officers authorized to carry a firearm.

100.3 [Procedures for Issuing Photographic Identification to Retired
Special Agents.]{.underline}

All requests for issuance of retired law enforcement official
credentials will be forwarded to the Director, Human Resources
(<retiredLEOidentification@tigta.treas.gov>). Upon receipt of a request,
OMS will forward to the applicant standard letter
([Exhibit(200)-100.1](../../200-exhibits/exhibit200-100-1.doc)) and an
Application for Retired Law Enforcement Officer Photographic
Identification
([Exhibit(200)-100.2](../../200-exhibits/exhibit200-100-2.doc)). Upon
receipt of the completed application, the Director, Human Resources will
complete a personnel check to ensure that the applicant is qualified to
receive retired law enforcement officer photographic identification
([Exhibit(200)-100.3).](../../200-exhibits/exhibit200-100-3.doc) The
Director, Human Resources, will determine:

-   if there (is/was) any action initiated to remove or to propose to
    remove the officer from service at the time of retirement;

-   whether or not the officer should be considered to have retired "in
    good standing;"

-   if there (is/was) any proposal to suspend or revoke the officer's
    security clearance at the time of retirement; and

-   if the officer retired or (is/was) retiring under a pending
    psychological fitness-for-duty inquiry, or after being found not fit
    for duty.

If the application is approved, the Director, Human Resources will
notify the applicant of the approval by letter
([Exhibit(200)-100.4](../../200-exhibits/exhibit200-100-4.doc)) and
transfer the application (and all associated documents) to the TIGTA
Credential Office. All documents obtained during the application process
will be maintained on file with the TIGTA Credential Office for approved
applications. If the application is disapproved, the Director, Human
Resources will notify the applicant as to the reason for the application
denial ([Exhibit(200)-100.5](../../200-exhibits/exhibit200-100-5.doc))
and maintain on file all documents associated with the denial of the
application. The determination to issue a retired law enforcement
officer credential called for under the Act is within the discretion of
TIGTA.

Approved applicants are directed in the approval letter to contact a
TIGTA post of duty to schedule the photography. The TIGTA post of duty
contacted by the applicant will electronically send the applicant's
digital photograph to the TIGTA Credential Office for production of the
photographic identification. Guidance for obtaining the digital
photograph at the TIGTA post of duty is provided at
[Exhibit(200)-100.6](../../200-exhibits/exhibit200-100-6.doc). The TIGTA
Credential Office will produce the photographic identification and mail
it to the Remote Issuing Officer at the TIGTA post of duty where the
digital photograph of the applicant was taken. The TIGTA post of duty or
the Credential Office will notify the applicant by telephone or by
letter ([Exhibit(200)-100.7](../../200-exhibits/exhibit200-100-7.doc))
that the photographic identification is available for pick-up at the
TIGTA post of duty.

The Remote Issuing Officer located at the TIGTA post of duty will issue
the photographic identification to the applicant upon confirmation of
the applicant's identity. The applicant must present at least two forms
of identification. At least one of the identification forms presented
must contain a government-issued photograph (e.g., driver's license or
U.S. Passport). Other suitable forms of identification may include a
birth certificate or Social Security card.

100.4 [Procedures for Issuing Photographic Identification to Current
Special Agents.]{.underline} Photographic identification credentials
will be issued under this section to retiring TIGTA S/As that meet the
following standards:

-   retiring in good standing for reasons other than mental instability;

-   currently satisfies TIGTA firearms qualification requirements under
    [Chapter 400, Investigations, Section
    130.8.2](../../../chapter400-inv/400-130/chapter400-130.doc#FirearmsQualification);

-   retiring with a minimum aggregate of 15 years of service as a law
    enforcement officer or, after completing any applicable probationary
    period, retiring due to a service-connected disability; and

-   is entitled to Federal retirement benefits.

See (600)-70.3.3.5.2 Special Agent (GS-1811) Employee Retirements for
additional information on processing retirement requests for Special
Agents.

100.5 [Procedures for Re-issuing Photographic
Identification.]{.underline}

Department of the Treasury Interim Guidance on Treasury Credentials,
Badges and Shields, dated September 8, 2005, provides that replacement
of qualified retired law enforcement officers' identification is
authorized only where the former employee (1) substantiates in writing
that his or her previously-issued qualified retired law enforcement
officer identification has been lost, stolen, or destroyed, (2) provides
a copy of the police report attesting to such loss or theft, and (3)
includes a notarized copy of their State of residence's certification
that they have, not less recently than one year before the date the
individual intends to carry a concealed firearm, been tested or
otherwise found by the State to meet standards established by the State
for training and qualification for active law enforcement officers to
carry a firearm of the same type as the concealed firearm. Costs for
replacing lost or stolen photographic identification may be charged, at
the discretion of the TIGTA, to the retired employee.

All requests for replacement photographic identification will be
forwarded to the Director, Human Resources. The Director, Human
Resources will forward to the applicant a letter
([Exhibit(200)-100.8](../../200-exhibits/exhibit200-100-8.doc)) and an
Application for Retired Law Enforcement Officer Photographic
Identification
([Exhibit(200)-100.2](../../200-exhibits/exhibit200-100-2.doc)).
Notwithstanding the required additional documentation, requests for
replacement photographic identification will be processed under the same
standards as initial requests.