Federal Support for Local Law Enforcement Equipment Acquisition

[Federal Register Volume 80, Number 14 (Thursday, January 22, 2015)]

[Presidential Documents]

[Pages 3451-3453]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2015-01255]

Presidential Documents

Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 /

Presidential Documents

[[Page 3451]]

Executive Order 13688 of January 16, 2015

Federal Support for Local Law Enforcement

Equipment Acquisition

By the authority vested in me as President by the

Constitution and the laws of the United States of

America, and in order to better coordinate Federal

support for the acquisition of certain Federal

equipment by State, local, and tribal law enforcement

agencies, I hereby order as follows:

Section 1. Policy. For decades, the Federal Government

has provided equipment to State, local, and tribal law

enforcement agencies (LEAs) through excess equipment

transfers (including GSA donations), asset forfeiture

programs, and Federal grants. These programs have

assisted LEAs as they carry out their critical missions

to keep the American people safe. The equipment

acquired by LEAs through these programs includes

administrative equipment, such as office furniture and

computers. But it also includes military and military-

styled equipment, firearms, and tactical vehicles

provided by the Federal Government, including property

covered under 22 CFR part 121 and 15 CFR part 774

(collectively, ``controlled equipment'').

administrative equipment, such as office furniture and

computers. But it also includes military and military-

styled equipment, firearms, and tactical vehicles

provided by the Federal Government, including property

covered under 22 CFR part 121 and 15 CFR part 774

(collectively, ``controlled equipment'').

The Federal Government must ensure that careful

attention is paid to standardizing procedures governing

its provision of controlled equipment and funds for

controlled equipment to LEAs. Moreover, more must be

done to ensure that LEAs have proper training regarding

the appropriate use of controlled equipment, including

training on the protection of civil rights and civil

liberties, and are aware of their obligations under

Federal nondiscrimination laws when accepting such

equipment. To this end, executive departments and

agencies (agencies) must better coordinate their

efforts to operate and oversee these programs.

Sec. 2. Law Enforcement Equipment Working Group. (a)

There is established an interagency Law Enforcement

Equipment Working Group (Working Group) to identify

agency actions that can improve Federal support for the

acquisition of controlled equipment by LEAs, including

by providing LEAs with controlled equipment that is

appropriate to the needs of their community; ensuring

that LEAs are properly trained to employ the controlled

equipment they acquire; ensuring that LEAs adopt

organizational and operational practices and standards

that prevent the misuse or abuse of controlled

equipment; and ensuring LEA complian

appropriate to the needs of their community; ensuring

that LEAs are properly trained to employ the controlled

equipment they acquire; ensuring that LEAs adopt

organizational and operational practices and standards

that prevent the misuse or abuse of controlled

equipment; and ensuring LEA compliance with civil

rights requirements resulting from receipt of Federal

financial assistance. The Working Group shall be co-

chaired by the Secretary of Defense, Attorney General,

and Secretary of Homeland Security. In addition to the

Co-Chairs, the Working Group shall consist of the

following members:

(i) the Secretary of the Treasury;

(ii) the Secretary of the Interior;

(iii) the Secretary of Education;

(iv) the Administrator of General Services;

(v) the Director of the Domestic Policy Council;

(vi) the Director of the Office of National Drug Control Policy;

(vii) the Director of the Office of Management and Budget;

(viii) the Assistant to the President for Intergovernmental Affairs and

Public Engagement;

[[Page 3452]]

(ix) the Assistant to the President for Homeland Security and

Counterterrorism;

(x) the Assistant to the President and Chief of Staff of the Office of the

Vice President; and

(xi) the heads of such other agencies and offices as the Co-Chairs may,

from time to time, designate.

d Budget;

(viii) the Assistant to the President for Intergovernmental Affairs and

Public Engagement;

[[Page 3452]]

(ix) the Assistant to the President for Homeland Security and

Counterterrorism;

(x) the Assistant to the President and Chief of Staff of the Office of the

Vice President; and

(xi) the heads of such other agencies and offices as the Co-Chairs may,

from time to time, designate.

(b) A member of the Working Group may designate a

senior-level official who is from the member's agency

or office and is a full-time officer or employee of the

Federal Government to perform the day-to-day Working

Group functions of the member. At the direction of the

Co-Chairs, the Working Group may establish subgroups

consisting exclusively of Working Group members or

their designees under this subsection, as appropriate.

(c) There shall be an Executive Director of the

Working Group, to be appointed by the Attorney General.

The Executive Director shall determine the Working

Group's agenda, convene regular meetings, and supervise

its work under the direction of the Co-Chairs. The

Department of Justice shall provide funding and

administrative support for the Working Group to the

extent permitted by law and within existing

appropriations. Each agency shall bear its own expenses

for participating in the Working Group.

pervise

its work under the direction of the Co-Chairs. The

Department of Justice shall provide funding and

administrative support for the Working Group to the

extent permitted by law and within existing

appropriations. Each agency shall bear its own expenses

for participating in the Working Group.

Sec. 3. Mission and Function of the Working Group. (a)

The Working Group shall provide specific

recommendations to the President regarding actions that

can be taken to improve the provision of Federal

support for the acquisition of controlled equipment by

LEAs, which may include, to the extent permitted by

law:

(i) developing a consistent, Government-wide list of controlled equipment

allowable for acquisition by LEAs, as well as a list of those items that

can only be transferred with special authorization and use limitations;

(ii) establishing a process to review and approve proposed additions or

deletions to the list of controlled equipment developed pursuant to

paragraph (i) of this subsection;

(iii) harmonizing Federal programs so that they have consistent and

transparent policies with respect to the acquisition of controlled

equipment by LEAs;

(iv) requiring after-action analysis reports for significant incidents

involving federally provided or federally funded controlled equipment;

etions to the list of controlled equipment developed pursuant to

paragraph (i) of this subsection;

(iii) harmonizing Federal programs so that they have consistent and

transparent policies with respect to the acquisition of controlled

equipment by LEAs;

(iv) requiring after-action analysis reports for significant incidents

involving federally provided or federally funded controlled equipment;

(v) developing policies to ensure that LEAs abide by any limitations or

affirmative obligations imposed on the acquisition of controlled equipment

or receipt of funds to purchase controlled equipment from the Federal

Government and the obligations resulting from receipt of Federal financial

assistance;

(vi) planning the creation of a database that includes information about

controlled equipment purchased or acquired through Federal programs;

(vii) ensuring a process for returning specified controlled equipment that

was acquired from the Federal Government when no longer needed by an LEA;

(viii) requiring local civilian government (non-police) review of and

authorization for LEAs' request for or acquisition of controlled equipment;

(ix) requiring that LEAs participating in Federal controlled equipment

programs receive necessary training regarding appropriate use of controlled

equipment and the implementation of obligations resulting from receipt of

Federal financial assistance, including training on the protection of civil

rights and civil liberties;

(x) providing uniform standards for suspending LEAs from Federal controlled

equipment programs for specified violations of law, including civil rights

laws, and ensuring those standards are implemented consistently across

agencies; and

[[Page 3453]]

(xi) creating a process to monitor the sale or transfer of controlled

equipment from the Federal Government or controlled equipment purchased

with funds from the Federal Government by LEAs to third parties.

l controlled

equipment programs for specified violations of law, including civil rights

laws, and ensuring those standards are implemented consistently across

agencies; and

[[Page 3453]]

(xi) creating a process to monitor the sale or transfer of controlled

equipment from the Federal Government or controlled equipment purchased

with funds from the Federal Government by LEAs to third parties.

(b) The Working Group shall engage with external

stakeholders, including appropriate State officials,

law enforcement organizations, civil rights and civil

liberties organizations, and academics, in developing

the recommendations required by subsection (a) of this

section.

(c) The Working Group shall provide the President

with an implementation plan for each of its

recommendations, which shall include concrete

milestones with specific timetables and outcomes to be

achieved.

Sec. 4. Report. Within 60 days of the date of this

order, the Working Group shall provide the President

with any recommendations and implementation plans it

may have regarding the actions set forth in section

3(a)(i) and (ii) of this order. Within 120 days of the

date of this order, the Working Group shall provide the

President with any additional recommendations and

implementation plans as set forth in section 3 of this

order.

Sec. 5. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

er. Within 120 days of the

date of this order, the Working Group shall provide the

President with any additional recommendations and

implementation plans as set forth in section 3 of this

order.

Sec. 5. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

(i) the authority granted by law or Executive Order to an agency, or the

head thereof; or

(ii) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

(Presidential Sig.)

THE WHITE HOUSE,

January 16, 2015.

[FR Doc. 2015-01255

Filed 1-21-15; 11:15 am]

Billing code 3295-F5