U.S. Dept. of Justice (DOJ) and the Federal Interagency Law Enforcement Equipment Working Group Briefing

Manny Ovalle, Director at Large, represented HAPCOA on May 20, 2015 to discuss recommendations pursuant to Pres. Obama’s Executive Order 13688: Federal Support for Local Law Enforcement Equipment Acquisition.

The Working Group, on an ongoing basis, will evaluate all suggestions and/or recommendations relating to the President’s Executive Order.

SUMMARY OF RECOMMENDATIONS:        

1. Equipment Lists for prohibitive and controlled equipment

• Prohibited equipment list identifies categories of equipment (i.e., firearms of .50-Caliber or higher) that should not be authorized for LEAs to acquire via transfer from federal agencies or purchase using federally funded funds.
• Controlled equipment list identifies categories of equipment (i.e., armored and tactical wheeled vehicles) that LEAs may acquire by taking additional steps using an application process.

2.   Police Training and Protocols for Controlled Equipment

• LEAs that acquire controlled equipment through Federal programs must adopt specific written policies and protocols governing General Policing Standards and Specific Controlled Standards.
• LEAs that acquire controlled equipment through Federal programs must ensure that its personnel are properly trained and that training meets set requirements.
• LEAs must collect and retain “Required Information” when law enforcement activity involves a “Significant Incident.”
• When unlawful or inappropriate police actions are alleged and trigger a federal compliance review, the LEA must produce a report.

3.   Acquisition Process for Controlled Equipment

• LEAs must submit required information for controlled equipment requests and must indicate whether it is being acquired for regional or multijurisdictional capability.

4.   Transfer, Sale, Return, and Disposal of Controlled Equipment

• LEAs may transfer or sell controlled equipment (except riot shields and helmets) to another LEA.
• LEAs may transfer or sell controlled equipment to a non-LEA with approval from the federal agency that originally approved.
• LEAs must return and/or dispose of controlled equipment through DOD’s 1033 program.

5.   Oversight, Compliance, and Implementation

• Members of the Working Group will meet on a regular basis to support oversight and policy development functions for controlled equipment programs.
• Programmatic and statutory violations will result in LEA being suspended from acquiring additional controlled equipment through federal programs for a minimum of 60 days.