Last October, I wrote an article concerning Executive Order 13688 on Federal Support for Local Law Enforcement Equipment Acquisition. The Justice Department has issued a document which clarifies what can be purchased with the JAG and how to justify the purchase of controlled equipment. Any department seeking the controlled equipment listed in Executive Order 13688 will need to carefully and completely provide detailed documentation as listed and required by the Bureau of Justice/Office of Justice Programs.
The following list is provided by the JAG grant funding notice. The applicant must include all 11 items below and complete all required pre-approvals prior to application for the grant.
1. A general description of the requesting agency
2. A detailed justification for supporting the controlled project and/or acquiring the controlled items including a clear and persuasive explanation of the need for and appropriate criminal justice purpose that it will serve. (If applicable, please describe any previous instance in which the controlled item was used in a manner that deviated from the detailed justification supporting the application for that equipment.)
3. The number of units of the requested controlled item(s) that are currently in your agency’s inventory
4. Categories of other controlled equipment acquired through Federal programs during the past three (3) years that the requesting agency currently has in its inventory;
5. Whether the requested controlled equipment currently could reasonably be accessed through loans or mutual assistance or mutual aid agreement
6. Certification (written assurance) that the requesting agency has adopted required protocols (see Recommendation 2.1: Agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards.) or will adopt those protocols before physical acquisition or purchase of controlled equipment or transfer of funds
7. Certification (written assurance) that the requesting agency has provided required training (see Recommendation 2.2: Agencies that acquire controlled equipment through Federal programs must ensure that its personnel are appropriately trained and that training meets the specified requirements.) or will provide that training before physical acquisition or purchase of controlled equipment or transfer of funds;
8. Evidence of civilian governing body’s review and approval or concurrence of the requesting agency’s acquisition of the requested controlled equipment
9. Whether the requesting agency has applied, or has a pending application(s), for this type of controlled equipment from another Federal agency during the current fiscal year;
10. Whether any prior application for controlled equipment has been denied by a Federal agency during the past three (3) years, and, if so, the reason for the denial; and
11. Whether the requesting agency has been found to be in violation of a Federal civil rights statute or programmatic term during the past three (3) years and, if so, whether any disposition was reached or corrective actions were taken.
See the Controlled Expenditure list
This list will require that an appointed grant writer or grant development team begin work right away to provide enough preapproval time for the 11 items listed, develop the protocols and policies, training certifications, civilian governing body review and completion of the application. I recommend that the department review the controlled expenditures list now to determine if any equipment needed is on the controlled list and begin all of the due diligence needed to develop an approved and fundable grant application.
