Federal Support for Local Law Enforcement Equipment Acquisition

This executive order creates an interagency working group to review and standardize federal programs that provide military-style equipment to state, local, and tribal law enforcement agencies. The group must develop recommendations for controlled equipment lists, training requirements, civil rights compliance, and oversight mechanisms, with initial reports due in 60 days and final recommendations in 120 days.

Federal Register Open PDF 80 FR 3451

Impact dates

May 16, 2015
Additional recommendations and full implementation plans (sec. 3)
Mar 17, 2015
Recommendations and implementation plans for controlled equipment lists (sec. 3(a)(i)-(ii))

Key directives

Establish interagency Working Group co-chaired by Secretary of Defense, Attorney General, and Secretary of Homeland Security
Develop consistent government-wide list of controlled equipment allowable for LEAs
Create list of items requiring special authorization and use limitations
Require local civilian (non-police) review and authorization for controlled equipment requests
Mandate civil rights/civil liberties training for LEAs receiving controlled equipment
Develop uniform suspension standards for LEA violations including civil rights laws
Plan database of controlled equipment purchased/acquired through federal programs
Provide after-action analysis reports for significant incidents involving federal equipment
Engage civil rights organizations and academics in recommendation development

Who is ordered

Timeline

Immediate

Working Group established with co-chairs from Defense, Justice, and Homeland Security
Executive Director appointment by Attorney General

Near term (90d)

Recommendations and implementation plans for controlled equipment lists due (60 days)
Full recommendations and implementation plans due (120 days)
Working Group engagement with external stakeholders

Long term

Potential database creation for tracking controlled equipment
Uniform suspension standards for non-compliant LEAs
Local civilian review requirements for equipment acquisition
After-action reporting for significant incidents involving federal equipment

Risks & tensions

EO creates advisory body without binding authority; all implementation 'to the extent permitted by law' and subject to appropriations (Sec. 5(b))
Local civilian review requirement (3(a)(viii)) may face resistance from law enforcement agencies
Civil rights training mandate lacks specified enforcement mechanism in text
Controlled equipment definition references export control regulations (22 CFR 121, 15 CFR 774) but leaves final list to Working Group discretion
Sec. 5(c) disclaimer prevents private enforcement of any created 'rights or benefits'
Harmonization across agencies with different statutory authorities may prove difficult