12 FAM 090
USE OF FORCE POLICIES AND REPORTING
(CT:DS-420; 11-14-2023)
(Office of Origin: DS/DO)
12 FAM 091 LESS-THAN-LETHAL FORCE: DEFINITION AND GUIDELINES FOR USE
(CT:DS-414; 08-24-2023)
a. Less-than-lethal (LTL) force is force that is reasonably expected not to result in death or serious physical injury and includes the use of LTL items, which are items designed or intended to minimize the risk of serious injury or death when used properly. The degree of danger or threat that justifies the use of LTL force is less than the imminent threat of death or serious physical injury that would justify the use of deadly force. See 12 FAM 092 for Department of State Deadly Force and Firearms Policy.
b. A reasonable use of LTL force is one that, based on the totality of the circumstances at the time, reasonably appears necessary to accomplish an authorized purpose. The reasonableness of a belief or decision must be viewed from the perspective of the agent on the scene, who may often be forced to make split-second decisions in circumstances that are tense, unpredictable, and rapidly evolving. Reasonableness is not to be viewed from the calm vantage point of hindsight.
c. LTL force is deployed, when reasonably necessary, to limit, disperse, or address a threatening situation. LTL force deployed by the Bureau of Diplomatic Security (DS) personnel is intended to incapacitate, immobilize or stun individuals, or to delay, confuse, or dissuade them from taking actions that could constitute a danger to DS personnel, other persons, or protected facilities.
d. For the purposes of 12 FAM 091 and 12 FAM 093, the term “DS personnel” includes the following personnel, when engaged in the performance of security services or law enforcement functions:
(1) Department direct hires assigned to the Bureau of Diplomatic Security;
(2) Personal services contractors and other contract personnel, including contracted Domestic Guard and Local Guard Force personnel, as well as Locally Employed Staff as defined in 3 FAM 7121 (regardless of the hiring mechanism), that are engaged in security services on behalf of DS;
(3) Any other person required by contract or agreement to follow these policies; and
(4) DSS special agents.
e. For the purposes of 12 FAM 092, the term "armed DS personnel" includes those "DS personnel," as defined above in 12 FAM 091(d), who are issued DSS firearms for use in furtherance of their official duties.
12 FAM 091.1 AUTHORIZATION TO USE LESS-THAN-LETHAL ITEMS
(CT:DS-414; 08-24-2023)
a. DS personnel may be authorized to use only those LTL items that are approved for use by the Department and that they are trained to use.
b. Abroad, authorization to use LTL items must be obtained in a manner consistent with the post's Mission Firearms and Use of Force Policy (MFFP).
12 FAM 091.2 WARNINGS
(CT:DS-414; 08-24-2023)
a. When feasible, verbal or other warnings should precede the use of LTL force and/or LTL items; however, such preliminary warnings need not be given where there is a reasonable belief that a resort to warnings could create additional risk or that warnings would be ineffective. The reasonableness of a belief or decision must be viewed from the perspective of the agent on the scene, who may often be forced to make split-second decisions in circumstances that are tense, unpredictable, and rapidly evolving. Reasonableness is not to be viewed from the calm vantage point of hindsight.
b. The guidance contained in this section does not apply to warning shots, which are addressed in 12 FAM 092.
12 FAM 091.3 APPROVAL OF LTL ITEMS
(CT:DS-414; 08-24-2023)
The deployment of LTL items to Department locations/facilities is subject to review by the Special Protective Equipment Review Board and approval by the director of the Diplomatic Security Service on an item-by-item and site-by-site basis, both domestically and overseas.
12 FAM 091.4 USE OF LTL ITEMS
(CT:DS-414; 08-24-2023)
a. The use of LTL items is appropriate only when DS personnel reasonably believe that voice commands or physical control would not achieve an authorized purpose.
b. DS personnel who employ LTL items must, to the extent feasible, minimize the possibility of harm to bystanders. They should also consider how the use of such items could affect bystanders and facilities in the immediate area.
12 FAM 092 Department of state deadly force AND FIREARMS policy
(CT:DS-414; 08-24-2023)
12 FAM 092.1 Deadly Force
(CT:DS-414; 08-24-2023)
12 FAM 092.1-1 Deadly Force Policy
(CT:DS-414; 08-24-2023)
Armed DS personnel, as defined in 12 FAM 091(e), may use deadly force only when necessary, that is, when the armed DS personnel have a reasonable belief that the subject of such force poses an imminent danger of death or serious physical injury to themselves or to another person:
(1) Deadly force may not be used solely to prevent the escape of a fleeing suspect;
(2) Firearms may not be discharged solely to disable moving vehicles. Specifically, firearms may not be discharged at a moving vehicle unless: (1) a person in the vehicle is threatening the armed DS personnel or another person with deadly force by means other than the vehicle; or (2) the vehicle is operated in a manner that threatens to cause death or serious physical injury to the armed DS personnel or others and no other objectively reasonable means of defense appear to exist, which includes moving out of the path of the vehicle. Firearms may not be discharged from a moving vehicle except in exigent circumstances. In these situations, the armed DS personnel must have an articulable reason for this use of deadly force;
(3) If feasible and if to do so would not increase the danger to the armed DS personnel or others, a verbal warning to submit to the authority of the armed DS personnel shall be given prior to the use of deadly force;
(4) Warning shots are not permitted;
(5) Deadly force should not be used against persons whose actions are a threat solely to themselves or property unless such individual poses an imminent danger of death or serious physical injury to the armed DS personnel or others in close proximity;
(6) Chokeholds and carotid restraints are not permitted unless deadly force would be authorized consistent with this policy; and
(7) Armed DS personnel shall receive training, at least annually, on the Department's use of force policy and related legal updates.
12 FAM 092.1-2 Alternative Tactics and Methods for DSS Special Agents
(CT:DS-414; 08-24-2023)
DSS special agents will be trained in alternative methods and tactics for handling resisting subjects, which must be used when the use of deadly force is not authorized by this policy.
12 FAM 092.1-3 De-Escalation Tactics and Techniques for DSS Special Agents
(CT:DS-414; 08-24-2023)
DSS special agents will be trained in de-escalation tactics and techniques designed to gain voluntary compliance from a subject before using force, and such tactics and techniques should be employed if objectively feasible and they would not increase the danger to DSS special agents or others. When feasible, reducing the need for force allows the DSS special agents to secure their own safety as well as the safety of the public.
12 FAM 092.1-4 Affirmative Duty to Intervene for DSS Special Agents
(CT:DS-414; 08-24-2023)
DSS special agents will be trained in, and must recognize and act upon, the affirmative duty to intervene to prevent or stop, as appropriate, any DSS special agent from engaging in excessive force or any other use of force that violates the Constitution, other federal laws, or Department policies on the reasonable use of force.
12 FAM 092.1-5 Affirmative Duty to Render Medical Aid for DSS Special Agents
(CT:DS-414; 08-24-2023)
DSS special agents will be trained in, and must recognize and act upon, the affirmative duty to request and/or render medical aid, as appropriate, where needed.
12 FAM 092.1-6 Additional Training for DSS Special Agents
(CT:DS-414; 08-24-2023)
In addition to annual training on the Department's use of force policy and related legal updates, training shall be provided to DSS special agents on a regular and periodic basis and be designed to:
(1) Provide techniques for the use of force and reinforce the importance of de-escalation;
(2) Simulate actual shooting situations and conditions; and
(3) Reinforce the appropriate exercise of discretion and judgment in using less-thanlethal and deadly force in accordance with this policy.
NOTE: All use-of-force training shall be documented.
12 FAM 092.2 FIREARMS POLICY FOR DSS SPECIAL AGENTS
(CT:DS-414; 08-24-2023)
12 FAM 092.2-1 Authority to Carry Firearms
(CT:DS-414; 08-24-2023)
Section 37 of the State Department Basic Authorities Act of 1956 (22 U.S.C. § 2709) authorizes special agents of the U.S. Department of State to carry and use firearms in the performance of their duties, consistent with these regulations approved by the Attorney General.
12 FAM 092.2-2 Authorization to Carry Firearms
(CT:DS-420; 11-14-2023)
a. A DSS special agent stationed in the United States is authorized to carry approved firearms on and off duty in accordance with this policy and consistent with other applicable laws, regulations, and Department policies (including, but not limited to, 12 FAH-09). A DSS special agent is required to report to director, DSS any condition that he or she has reason to believe disqualifies him or her from lawfully carrying a DSS-issued firearm.
b. A DSS special agent stationed outside the United States, who is not otherwise in any way legally disqualified from carrying a firearm under the laws of the United States, may carry his or her firearms abroad with written approval by the chief of mission consistent with applicable statutory authority and the applicable Mission Firearms and Use of Force Policy (MFFP).
c. Each DSS special agent is responsible for having a complete understanding of his or her authority and its limitations, and of these regulations.
d. All issues relating to these regulations that require clarification shall be directed to the DS Special Protective Equipment Review Board (SPERB) (see also 12 FAM 024 and 12 FAM Exhibit 024).
e. To be authorized to carry a DSS-issued firearm, a DSS special agent shall qualify by meeting or exceeding a specified score on the DS qualification course with his or her DSS-issued firearm. This provision does not authorize a DSS special agent to carry a firearm on which he or she has not successfully completed required firearms qualification or proficiency firing procedures within the past 12 months. See also 12 FAH-09.
12 FAM 092.2-3 AUTHORIZED FIREARMS AND RELATED EQUIPMENT
(CT:DS-420; 11-14-2023)
12 FAM 092.2-3(A) In General
(CT:DS-420; 11-14-2023)
DSS authorizes DSS special agents to carry handguns, holsters, support weapons (including submachine guns, shotguns, and specialized firearms), and ammunition that the Department of State, through the SPERB, has issued or approved.
12 FAM 092.2-3(B) Off-Duty Carriage
(CT:DS-420; 11-14-2023)
While off duty in the United States, a DSS special agent is authorized to carry his or her service firearm in accordance with this policy and consistent with other applicable laws, regulations, and Department policies (including, but not limited to, 12 FAH-09). This provision does not preclude the off-duty carriage of other firearms, subject to all applicable federal, state, and local laws, in the agent’s capacity as a private citizen or qualified law enforcement officer.
12 FAM 092.2-4 Applicability of Policy and Regulation
(CT:DS-420; 11-14-2023)
Disclaimer: This policy is set forth solely for the purpose of internal Department guidance. It is not intended to, does 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, and does not place any limitations on otherwise lawful activities of the Department.
12 FAM 092.2-5 U.S. Law Enforcement and Intelligence Activities
(CT:DS-420; 11-14-2023)
Rule of construction: Nothing contained in this policy shall be construed to limit or impair the authority or responsibility of any other Federal law enforcement or other agency of the United States with respect to investigative, protective, or intelligence activities.
12 FAM 093 REPORTING USE OF FORCE
(CT:DS-420; 11-14-2023)
a. All uses of deadly force and/or less-than-lethal force listed below must be reported. Specifically, DS personnel, as well as Marine security guard (MSG) and MSG Security Augmentation Unit (MSAU) personnel at post, who use:
(1) Deadly force;
(2) A LTL item; or
(3) Physical force to gain control over a noncompliant subject.
b. Must immediately notify their supervisor or the agent-in-charge (AIC) or, at post, the regional security officer (RSO):
(1) If these individuals are unavailable, a report must be made to the most senior security official on duty; and
(2) If the incident occurs at post and involves the RSO, the report must be made to the chief of mission (COM) or deputy chief of mission (DCM).
c. Any incident reportable under this policy (hereinafter, a “reportable use of force”) must also be made to the Office of Special Investigations (DS/DO/OSI). The AIC, supervisor, or RSO must make the initial report to DS/DO/OSI within 24 hours of the reportable incident. DS/DO/OSI conducts use of force investigations per 1 FAM 262.4-6(3).
d. Any reportable use of force by DS MSG or MSAU personnel, DS office directors, or RSOs requires a notification to DS headquarters via a Significant Incident Report (SIR) to the DS/TIA/CC within 24 hours of the incident. The SIR will only include the following information: “On (date) at (time), (office/Post), was involved in a (use of force) involving (an injury/no injury). DS/DO/OSI was notified. All inquiries should be addressed to DS/DO/OSI.”
e. DS personnel (wherever located), and MSG and MSAU personnel at post, using reportable LTL force must fill out the Use of Force form DS-7778 within 24 hours and send it to DS/DO/OSI (this form should not be used when reporting the use of deadly force).
f. RSOs, DS supervisors, and AICs are responsible for ensuring the security of personnel under COM security responsibility at post following any use of force. To do so, they may obtain basic information, but only information that is necessary to ensure security, such as information about the direction of a firearm discharge, the location and description of an injured person, suspect, victim, or evidence, etc. RSOs are to refrain from otherwise interviewing persons under COM authority or engaging in a fact-finding mission other than as necessary for security without the prior approval of DS/DO/OSI. Domestically, DS supervisors and AICs are to refrain from conducting interviews or engaging in a fact-finding effort other than as necessary for security without the prior approval of DS/DO/OSI.
g. A DSS special agent must be advised of the right to have a representative of their own choosing present at any meeting, including initial questioning, when the DSS special agent is asked by authorized officials to provide information regarding their involvement in any use of force (deadly or LTL) (see also 3 FAM 4139.12 and 12 FAH-9 H-341.1).
h. Personnel of other U.S. Government law enforcement agencies who are under COM authority, and employees or contract personnel of the Department of State under COM authority (or whose executive branch activities are under COM authority), including those engaged in narcotics-related activities, are required to report any use of force incidents, including use of force in self-defense, to the RSO. RSO must report any such use of force incidents to DS/DO/OSI. When a use of force incident is reported by personnel of other U.S. Government law enforcement agencies who are under COM authority, DS/DO/OSI will coordinate any investigations into such use of force with that agency’s appropriate investigative office.
i. DS personnel abroad must also consult the applicable MFFP for requirements for reporting the use of force.
12 FAM 094 THROUGH 099 UNASSIGNED