This form was developed to collect
required information as part of the implementation of Executive
Order (EO) 13688: Federal Support for Local Law Enforcement
Equipment Acquisition, issued January 16, 2015, which established a
Prohibited Equipment List and a Controlled Equipment List and
identified actions that can improve Federal support for the
appropriate use, acquisition, and transfer of controlled equipment
by state, local, tribal, territorial, and private grant recipients.
One of the requirements of the report is to collect information on
the grant recipient, their policies, training, record keeping, etc.
In considering Grant Programs Directorate’s approach to
implementing these recommendations, we worked hard to balance the
requirement to collect the information, and the effort required by
the grant recipients. The proposed form includes only fields
required to comply with the recommendations (which were accepted by
the President). The fillable nature of the form reduces the amount
of time and effort required for grant recipients. The information
has a multi-fold purpose: Harmonization of federal acquisition
processes, institution of Required Protocols and Training for grant
recipients that Acquire Controlled Equipment, and to increase
federal oversight and compliance. In accordance with Executive
Order (EO) 13688: Federal Support for Local Law Enforcement
Equipment Acquisition, and the Recommendations Pursuant to
Executive Order 13688, all Federal equipment acquisition programs
must require grant recipients that apply for controlled equipment
to provide mandatory information in their application, including a
detailed justification with a clear and persuasive explanation of
the need for the controlled equipment, the availability of the
requested controlled equipment to recipient in its inventory or
through other means, certifications that appropriate protocols and
training requirements have been adopted, evidence of the civilian
governing body’s review and approval or concurrence of the entity’s
acquisition of the requested controlled equipment, and whether the
entity has been or is in violation of civil rights and other
statutes, regulations, or programmatic terms. Ongoing coordination
among the various Federal Agencies will ensure that a uniform
process is in place to assess the adequacy of the justification in
each application. This coordination includes sharing of required
information to prohibit duplication of grant funding for controlled
equipment or potentially granting of funding for controlled
equipment to an entity that has been sanctioned by another
agency.
Seeking the Office of
Management and Budget (OMB) approval of the Federal Emergency
Management Agency’s (FEMA) request for an emergency approval for
the collection of new information under the Paperwork Reduction
Act. Emergency approval is necessary for FEMA to implement
Executive Order 13688 for the FY2016 Homeland Security Grant
Programs within the statutory deadlines for issuing guidance and
awards mandated by the DHS Appropriations Act, 2016. For more
information please see the Emergency Justification Memorandum
(uploaded under Supplementary documents).
EO: EO
13688 Name/Subject of EO: Federal Support for Local Law Enforcement
Equipment Acquisition
EO: EO 13688 Name/Subject of EO: Federal
Support for Local Law Enforcement Equipment Acquisition
For the Controlled Equipment
Request Form collection, the previously approved burden hours were
0 as this is a new collection and the current estimated annual hour
burden is 131 hours. Therefore, the burden hours are positive
program changes.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.