Federal Support for Local Law Enforcement Equipment Acquisition

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'').

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 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;

(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.

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;

(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

(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:

(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.

THE WHITE HOUSE,

January 16, 2015.