U.S. Department of Homeland Security 

 Washington, DC 20472 

Grant Programs Directorate Information Bulletin

No. 414 

January 19, 2017

MEMORANDUM FOR: All State Administrative Agency Heads 

All State Administrative Agency Points of Contact 

All Urban Area Security Initiative Points of Contact 

All State Homeland Security Directors 

All State Emergency Management Agency Directors 

All Eligible Transit Agencies 

All Private Sector Transportation Security Partners 

All Public and Private Sector Port Security Partners 

All Tribal Nation Points of Contact 

FROM: Brian E. Kamoie 

Assistant Administrator for Grant Programs 

Federal Emergency Management Agency 

Megan H. Mack 

Officer for Civil Rights and Civil Liberties 

U.S. Department of Homeland Security 

Willisa Donald

Director, Office of Equal Rights 

Federal Emergency Management Agency 

SUBJECT: Civil Rights Review Process for Controlled Equipment 

Requests 

This Information Bulletin (IB), IB 414, and associated review process applies to grant 

recipients1 who request to use federal funds to purchase controlled equipment. The review 

process will be conducted when either civil rights violations are disclosed by the grant 

recipient or when Unmanned Aircraft Systems are requested (regardless of civil rights 

violations). 

Background 

For decades, the Federal Government has provided, and continues to provide, State, local, and 

1

 For the purposes of this IB, the term grant recipient also refers to subrecipients unless otherwise noted. 

The civil rights review process is intended for those entities that have received a federal grant.
2

tribal law enforcement agencies (LEAs) with funding and equipment, either directly or 

indirectly, to support and augment LEA operations. Over the last several years, however, 

community members, LEA leaders, civil rights advocates, and elected leaders have voiced 

concerns about what has been described as the “militarization” of law enforcement due to the 

types of equipment at times deployed by LEAs and the nature of those deployments.

2

 

In August 2014, President Obama ordered a government‐wide review of military equipment 

provided to LEAs, and on January 16, 2016, based on the recommendations stemming from the 

Federal Review, signed Executive Order (EO) 13688 “Federal Support for Local Law 

Enforcement Equipment Acquisition,” to identify actions that can improve Federal support for 

the appropriate use, acquisition, and transfer of controlled equipment by State, local, and tribal 

LEAs. Among other important actions, EO 13688 emphasized the need for proper training on 

the part of LEAs regarding the protection of civil rights and civil liberties, notice to grant 

recipients regarding their obligations under Federal non-discrimination laws when accepting 

such equipment, and ensuring LEA compliance with civil rights requirements resulting from 

receipt of Federal financial assistance. 

In response to EO 13688 and the Recommendations Pursuant to Executive Order 13688 

(Report), the U.S. Department of Homeland Security, Office for Civil Rights and Civil Liberties

(DHS CRCL) and the Federal Emergency Management Agency, Office of Equal Rights (FEMA 

OER) developed a process to review whether entities applying to purchase controlled equipment 

are in compliance with applicable Federal civil rights requirements. The purpose of this IB is to 

provide grant applicants, recipients, and subrecipients with guidance regarding this civil rights 

review process and the related civil rights disclosure requirements contained in the application 

form (FEMA Form 087-0-0-1). This IB builds upon IB 407a: Use of Grant Funds for Controlled 

Equipment and is applicable to all grants awarded by DHS/FEMA on or after October 1, 2015. 

While EO 13688 speaks directly to LEAs, through IB 407a FEMA applies the same 

requirements and conditions to all recipients of controlled equipment regardless of the recipient’s 

designation as, or affiliation with law enforcement to ensure a consistent approach toward

controlled equipment expenditures and use by all FEMA recipients.

Civil Rights Review Process

In implementing the recommendations contained in the Report, grant recipients are required to 

disclose through FEMA Form 087-0-0-1 the following civil rights information:

Has the requesting organization ever been in violation of a federal civil rights statute, 

nondiscrimination provision of any federal program statute (e.g., Sec. 308 of the Robert 

T. Stafford Disaster Relief and Emergency Assistance Act of 1988), or any other 

programmatic term or condition related to nondiscrimination (e.g., requirements to 

produce civil rights complaint data or a signed civil rights assurance), or entered into a 

remedial agreement as a result of a civil rights investigation during the past 3 years?

 

2 Law Enforcement Equipment Working Group, “Recommendations Pursuant to Executive Order 13688,

Federal Support for Local Law Enforcement Equipment Acquisition” (May 2015). 
3

If yes, specify the disposition and/or corrective action that was ordered and/or was, or 

will be, provided. Accordingly, grant recipients must disclose any finding by a Federal 

court or a Federal government agency, including an agency's civil rights office or the 

Civil Rights Division of the U.S. Department of Justice, and any efforts taken to cure the 

violation(s), as well as information regarding any remedial agreements. Grant recipients 

must also disclose any admissions of liability they have made regarding violations of 

Federal civil rights laws in their policing functions.

Disclosures of violations and other information in response to these requirements will be 

forwarded to FEMA OER and DHS CRCL for further review. This review process occurs after 

the award is made, during the period of performance, after FEMA receives the grant recipient’s 

request (FEMA Form 087-0-0-1) to purchase controlled equipment. This review process will 

evaluate the grant recipient’s current compliance with civil rights requirements, and whether the 

grant recipient has taken steps to remedy civil rights violations or compliance issues such that 

DHS can be assured that the organization will administer its programs and activities in a 

nondiscriminatory manner. Disclosures of particular concern include: 

 Finding(s) of discrimination based on race, color, national origin3, or other protected 

categories made against grant recipient by a court or administrative agency in the past 

3 years related to the use of controlled equipment.

 Finding(s) of discrimination based on race, color, national origin, or other protected 

categories made against grant recipient by a court or administrative agency in the past 

3 years where the noncompliance has not been addressed through a resolution 

agreement or other arrangement.

 Noncompliance with a court order related to a finding of discrimination during the 

past 3 years. 

 Grant recipient has entered into a remedial agreement or other arrangement as a result 

of a civil rights investigation or review during the past 3 years and has not yet put in 

place policies and procedures to address compliance issues and ensure 

nondiscrimination. 

The review process will take into consideration efforts made by the grant recipient to address 

compliance issues and ensure nondiscrimination including, for example, the development of 

policies and procedures to ensure nondiscrimination and other efforts specific to the finding(s) or 

compliance issues.

Grant recipients that cannot demonstrate that they have addressed compliance concerns and 

complied with remedial agreements (if applicable) will have their requests for controlled 

equipment denied unless the grant recipient is able to demonstrate its good faith efforts to

address identified compliance issues within 60 days of notification from FEMA of said issues. 

During this 60 day period, FEMA OER and DHS CRCL will make efforts to engage the grant 

recipient to obtain voluntary compliance and ensure that the grant recipient will be able to meet 

its civil rights obligations if the application is approved. FEMA may explore the use of special 

conditions, including requirements for post-award monitoring, to ensure nondiscrimination if the 

application is approved. 

 

3 Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in 

programs and activities that receive Federal financial assistance. 
4

Applications that are denied based on the grant recipient’s inability to demonstrate their 

compliance within 60 days after notification from FEMA may be reconsidered if the grant 

recipient can affirmatively demonstrate their efforts to come into compliance. Reconsideration 

will be considered on a case-by-case basis as determined by FEMA with input from FEMA OER 

and DHS CRCL. Grant recipients whose requests for controlled equipment are denied, have the 

option to request that the funds be reprogrammed. This request must be in writing, and sent to 

the respective Program Analyst for processing. Grant recipients with approved requests for 

controlled equipment may be subject to post-award monitoring as necessary to determine 

compliance in accordance with the Department’s nondiscrimination authorities.

Unmanned Aircraft Systems

Grant recipients requesting to purchase Unmanned Aircraft Systems (UAS) with FEMA grant 

funding must have in place, prior to expending funds, policies and procedures to safeguard 

individuals’ privacy, civil rights, and civil liberties. Those policies and procedures should be 

provided to FEMA.

Presidential Memorandum, Promoting Economic Competiveness While Safeguarding Privacy, 

Civil Rights, and Civil Liberties, in Domestic Use of Unmanned Aircraft Systems, issued 

February 20, 2015, requires that State, local, tribal, and territorial government recipients of 

Federal grant funding for the purchase or use of UAS for their own operations have in place 

policies and procedures to safeguard individuals' privacy, civil rights, and civil liberties prior to 

expending funds. (Section 1(c)(vi) https://federalregister.gov/a/2015-03727).

CRCL and the DHS Privacy Office will review the relevant policies and procedures and take 

additional steps to ensure that policies and procedures consider best practices. This review 

process occurs after the award is made, during the period of performance, after FEMA receives 

the grant recipient’s request (FEMA Form 087-0-0-1) to purchase controlled equipment. Grant 

recipients without the required UAS policies and procedures in place, and who refuse to take 

efforts to institute required policies and procedures, will be ineligible to purchase UAS with 

FEMA financial assistance. Grant recipients whose requests for controlled equipment are 

denied, have the option to request that the funds be reprogrammed. This request must be in 

writing, and sent to the respective Program Analyst for processing. 

DHS/FEMA will continue to collaborate with federal agency partners to ensure that there is a 

consistent and reasonable approach to the restrictions placed on controlled equipment 

expenditures while continuing to support these investments when there is a justifiable need.

Further, FEMA will continue to maintain an awareness of the evolving policy developments 

related to controlled equipment expenditures and keep grant recipients up to date on future 

developments.

Questions regarding this IB, whether the IB applies to a particular project, or guidance on 

controlled equipment expenditures may be directed to the appropriate FEMA GPD Program 

Analyst or the Centralized Scheduling and Information Desk at askcsid@fema.gov or 1-800-368-

6498. You may also contact DHS CRCL directly at crcl@dhs.gov or 1-866-644-8360.