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FEMA Policy: Prohibited or Controlled 

Equipment Under FEMA Awards

FEMA Policy 207-22-0002

 

BACKGROUND 

On May 25, 2022, President Joseph R. Biden issued Executive Order (EO) 14074, Advancing 

Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and 

Public Safety. Section 12(a) of EO 14074 directs the Department of Homeland Security (DHS)

to review its grant programs and, consistent with applicable law, to prohibit the use of grant 

funding to purchase certain types of military equipment by state, local, tribal, and territorial 

(SLTT) law enforcement agencies (LEAs). EO 14074 directs, consistent with applicable law, 

the prohibition of certain types of equipment outright (prohibited equipment), whereas other

types of equipment may be controlled or LEAs are required to submit certifications prior to 

purchase.

1 Additionally, section 12(b) of EO 14074 directs DHS, as appropriate and consistent 

with applicable law, to comply with and implement the recommendations stemming from the 

prior EO 13688, Federal Support for Local Law Enforcement Equipment and Acquisition,

2

which established both a prohibited equipment list and a controlled equipment list as well as 

other requirements.

3 This Federal Emergency Management Agency (FEMA) policy applies to 

all FEMA grant programs.

SUPERSESSION

For all awards issued on or after January 1, 2023, this policy supersedes FEMA Informational 

Bulletin (IB) No. 426, Guidance to Recipients and Subrecipients of FEMA Preparedness 

Grants Regarding Implementation of Executive Order 13809 Restoring State, Tribal, and Local 

Law Enforcement's Access to Life-Saving Equipment and Resources, issued November 1, 

2017. This policy also supersedes FEMA IB No. 419, Purchase of Energetic Materials Using 

Homeland Security Grant Program (HSGP) Funding. Finally, this policy supersedes the 

guidance for use of Operation Stonegarden funds for small unmanned aircraft systems in IB

No. 438, Guidance For Use of Operation Stonegarden Funds for Small Unmanned Aircraft

Systems and Certain Costs Related to Transportation and Medical Care. 

1 Section 12(c) of EO 14074 also directs DHS to prohibit or restrict the transfer to SLTT LEAs of these same types of 

equipment, consistent with applicable law. However, FEMA does not transfer any of the listed equipment to SLTT LEAs or 

other non-federal entities. 2 Executive Order 13688, Federal Support for Local Law Enforcement Equipment and Acquisition (Jan. 16, 2015). Section 

12(b) specifically references recommendations by the Law Enforcement Equipment Working Group (LEEWG) in its 

original May 2015 report and October 2016 updated report, which contained five groups of recommendations. FEMA

previously issued Information Bulletin (IB) Nos. 407 and 407a to implement EO 13688 regarding FEMA’s preparedness 

grants. Specifically, IB No. 407 was issued following the LEEWG May 2015 report, and IB No. 407a was issued following 

the LEEWG October 2016 report.

3 EO 13688 was rescinded by Executive Order 13809, Restoring State, Tribal, and Local Law Enforcement’s Access to 

Life-Saving Equipment and Resources (Aug. 28, 2017). FEMA issued IB No. 426 to implement EO 13809, superseding 

previously issued IB Nos. 407 and 407a.
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PURPOSE 

The prohibitions and requirements in sections 12(a) and (b) of EO 14074 legally apply to 

FEMA’s grant programs. Therefore, the purpose of this policy is to implement sections 12(a) 

and (b) of EO 14074 by prohibiting recipients and subrecipients from purchasing certain types 

of equipment, setting forth requirements and procedures by which recipients and subrecipients 

may potentially purchase controlled equipment under FEMA federal financial assistance

awards (FEMA awards), and by imposing various other requirements stemming from the 

recommendations issued under EO 13688. 

PRINCIPLES 

The following principles underpin this policy: 

A. Although EOs 14074 and 13688 speak directly to SLTT LEAs, through this policy, FEMA 

will apply the same requirements and conditions to all recipient and subrecipients in 

implementing prohibited and controlled equipment requirements regardless of their

designation as, or affiliation with an LEA. This ensures a consistent approach toward 

prohibited and controlled equipment expenditures and use by all FEMA recipients and 

subrecipients. 

B. FEMA will not permit recipients and subrecipients to purchase items that are prohibited by 

section 12(a) of EO 14074. FEMA will ensure that any items listed in section 12(a) are only 

purchased if they fall under an exception to a general prohibition, and if required 

certifications and purchase procedures are met.

C. Grant recipients and subrecipients may not modify equipment acquired using federal 

resources in a manner that would cause it to be considered prohibited equipment. In 

addition, grant recipients and subrecipients may not modify equipment acquired using 

federal resources that would cause it to be considered controlled equipment, absent

specific written approval from FEMA and adherence to all relevant requirements. 

D. FEMA does not transfer prohibited or controlled items to SLTT LEAs or other non-Federal 

entities. 

E. FEMA will support safe and effective policing through agency grantmaking. 

REQUIREMENTS

A. APPLICABILITY

Outcome: To establish the prohibited and controlled equipment requirements for FEMA grant 

programs. 

This policy applies to all recipients and subrecipients of FEMA awards or declarations issued 

on or after January 1, 2023, except for Public Assistance (PA) recipients and subrecipients 

when PA funding is used to replace items that the applicant already owned, that were 

damaged by a disaster, and are otherwise eligible under PA.

4 

4 The equipment defined in this policy may not be prohibited under the Public Assistance (PA) program if these items are 

purchased by a recipient or subrecipient to replace items that it owns and that have been damaged by a disaster, in 

accordance with 44 CFR 206.226(h). Recipients and subrecipients should refer to Public Assistance policies and 

guidance for information regarding the eligibility of specific items.
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Any reference to “recipients and subrecipients” in this policy also means that the prohibitions or 

requirements apply to their contractors and subcontractors when using funds from FEMA 

awards or declarations. 

This policy applies to FEMA-funded equipment.

B. PROHIBITED EQUIPMENT

Outcome: To identify items that are prohibited from purchase under FEMA awards. 

This section includes exceptions for otherwise prohibited items that are allowable under certain 

circumstances, as well as procedures for obtaining FEMA approval for those items. Recipients 

and subrecipients should refer to applicable program guidance or contact appropriate FEMA 

program staff to determine whether a particular type of equipment is allowable under a specific 

grant program.

1. Consistent with section 12(a) of EO 14074, under this policy the following items are 

prohibited for purchase by FEMA recipients and subrecipients under FEMA awards:

5 

 

a. Firearms of .50 or greater caliber. 

b. Ammunition of .50 or greater caliber. 

c. Firearm silencers, as defined in 18 U.S.C. § 921(a)(24). 

d. Bayonets. 

e. Grenade launchers. 

f. Grenades (including stun and flash-bangs). 

g. Explosives 

i. Exception: Explosives and percussion actuated non-electric disruptors used for 

specialized teams such as Federal Bureau of Investigation (FBI)-accredited Bomb 

Squads, Tactical Entry Teams, Special Weapons and Tactics (SWAT) Teams, and 

explosive detection canine training. See sections D and G for information on the 

procedures for excepted explosives. 

h. Weaponized aircraft, vessels, and vehicles of any kind.

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i. Any vehicles without a commercial application, including all tracked and armored 

vehicles. 

i. This prohibition includes, but is not limited to: 

1. Armored Vehicles, Wheeled: Any wheeled vehicle either purpose-built or 

modified to provide ballistic protection to its occupants, such as a Mine-Resistant 

Ambush Protected (MRAP) vehicle or an Armored Personnel Carrier. These 

vehicles are sometimes used by law enforcement personnel involved in 

dangerous operating conditions, including active shooter or similar high-threat 

situations. These vehicles often have weapon-firing ports.

5 The equipment defined in this policy may not be prohibited under the Public Assistance (PA) program if these items are 

purchased by a recipient or subrecipient to replace items that it owns and that have been damaged by a disaster. Public 

Assistance applicants may not use excess Public Assistance funding provided under Stafford Act Sections 422 or 428 to 

purchase the prohibited items covered in this policy.

6 EO 13688 Law Enforcement Permanent Working Group, Recommendations Pursuant to Executive Order 13688: 

Federal Support for Local Law Enforcement Equipment Acquisition (May 2015). 
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2. Tactical Vehicles, Wheeled: A vehicle purpose-built to operate on- and off-road in 

support of military operations, such as a HMMWV ("Humvee"), 2.5-ton truck, 5-

ton truck, or a vehicle with a breaching or entry apparatus attached. These 

vehicles are sometimes used by law enforcement in rough terrain or inclement 

weather for search and rescue operations, as well as other law enforcement 

functions.

ii. Exception: 

1. Non-Commercial Vehicles used exclusively for one or more of the following 

activities are not prohibited: 

a. disaster-related emergencies; 

b. active shooter scenarios; 

c. hostage or other search and rescue operations; or

d. anti-terrorism preparedness, protection, prevention, response, recovery, or 

relief. 

See section D for information on the procedures for excepted non-commercial 

vehicles. 

j. Weaponized drones and weapons systems covered by Department of Defense

Directive 3000.09 of November 21, 2012, as amended (Autonomy in Weapon Systems). 

k. Any non-commercial aircraft, including those that are combat-configured or combatcoded or have no established commercial flight application. 

i. Exception: 

1. Non-Commercial Aircraft with an application for one or more of the following 

activities are not prohibited:

a. disaster-related emergencies; 

b. active shooter scenarios; 

c. hostage or other search and rescue operations; or 

d. anti-terrorism preparedness, protection, prevention, or response, recovery, or 

relief. 

See sections D and F for information on the procedures for excepted noncommercial aircraft. 

l. Long-range acoustic devices that do not have a commercial application.

m. Camouflage uniforms, including camouflage-patterned uniforms, are generally 

prohibited.7 

C. CONTROLLED EQUIPMENT

Outcome: To identify certain items that may only be purchased with FEMA awards if additional 

certifications and controls are imposed on their acquisition or use. 

Even if equipment is listed as controlled equipment and is not outright prohibited, that does not 

automatically make it allowable under a particular FEMA program. Recipients and 

subrecipients should refer to applicable program guidance or contact applicable FEMA 

program staff to determine if a particular type of equipment is allowable under that program.

7 EO 13688 Law Enforcement Permanent Working Group, Recommendations Pursuant to Executive Order 13688: 

Federal Support for Local Law Enforcement Equipment Acquisition (May 2015)
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1. Consistent with section 12 of EO 14074 and past implementation of the recommendations 

from EO 13688, the following items are controlled equipment: 

a. Manned Aircraft, Fixed Wing: Powered aircraft with a crew aboard, such as airplanes, 

that use a fixed wing for lift. These are only permitted if they meet the exceptions stated 

for aircraft in section 12(a) of EO 14074 and section B of this policy. Please see 

program-specific policy or guidance regarding allowability under a particular program. 

See sections D and F for prior approval procedures related to this type of equipment.

b. Manned Aircraft, Rotary Wing: Powered aircraft with a crew aboard, such as 

helicopters, that use a rotary wing for lift. These are only permitted if they meet the 

exceptions stated for aircraft in section 12(a) of EO 14074 and section B of this policy. 

Please see program-specific policy or guidance regarding allowability under a particular 

program. See sections D and F for prior approval procedures related to this type of 

equipment.

c. Unmanned Aerial Vehicles (UAV), also referred to as Unmanned Aircraft Systems

(UAS), and small Unmanned Aerial Systems (sUAS): A remotely piloted, powered 

aircraft without a crew aboard.

8 These are only permitted if they meet the exceptions 

stated for aircraft in section 12(a) of EO 14074 and section B of this policy. Please see 

program-specific policy or guidance regarding allowability under a particular program. 

See section F for prior approval procedures related to this type of equipment.

d. Specialized Firearms and Ammunition under .50 caliber (excludes firearms and 

ammunition designated for regularly-assigned duties) and Less Lethal Launchers:

Weapons and corresponding ammunition for specialized operations or assignments. 

This includes launchers specifically designated and built to launch less lethal projectiles. 

This excludes weapons, such as service-issued handguns, rifles, or shotguns, that are 

issued or approved by the agency to be used by all sworn officers/deputies during the 

course of regularly assigned duties.9 See section D for the procedures related to the 

purchase of this type of equipment.

e. Breaching Apparatus: Tools designed to provide law enforcement rapid entry into a 

building or through a secured doorway. These tools may be mechanical in nature (e.g., 

a battering ram connected to a vehicle or a propellant) or ballistic (e.g., slugs). This 

category does not include dual-purpose tools such as a sledgehammer or bolt cutter.

See section D for the procedures related to the purchase of this type of equipment.

i. Exception: FEMA does not control the purchase of battering rams by fire 

departments. 

f. Riot/Crowd Control Shields:

10 Shields intended to protect wielders from their head to 

their knees in crowd control situations. Most are designed for the protection of the user 

from projectiles including rocks, bricks, and liquids. Some afford limited ballistic 

protection as well. See section D for the procedures related to the purchase of this type 

of equipment.

8 Recipients and subrecipients should refer to the annual Notices of Funding Opportunity or other program policies or 

guidance or contact the applicable FEMA program analyst for information regarding the allowability of specific equipment 

categories.

9 Equipment defined under this category is not an allowable expense under any FEMA preparedness grant program. 10 Equipment defined under this category is not an allowable expense under any FEMA preparedness grant program.
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g. Riot/Crowd Control Batons:

11 Non-expandable batons of greater length than serviceissued types that are intended to protect its wielder during crowd control situations by 

providing distance from assailants. This includes all batons with advanced features such 

as tear gas discharge, electronic, or “stun” capabilities. See section D for the 

procedures related to the purchase of this type of equipment.

D. PROCEDURES FOR PURCHASE OF ALL EXCEPTED OR CONTROLLED EQUIPMENT 

Outcome: FEMA requires the procedures and certifications in this section, in addition to any 

other equipment specific procedures included in this policy, for recipients and subrecipients to 

use FEMA grant funds to purchase all excepted or controlled items.

1. To purchase prohibited items with exceptions or controlled equipment, the recipient or 

subrecipient must: 

a. Submit to FEMA a description of how they expect to use the property;

b. Demonstrate that the property will be tracked in an asset management system;

c. Demonstrate a nexus to funding program priorities; 

d. Provide evidence of approval or concurrence by the jurisdiction’s governing body for the 

acquisition of the prohibited item with an exception or controlled equipment;

e. Certify they have adopted or will adopt the required policies and protocols; 

f. Certify they will adhere to the after-action report requirement; 

g. Certify they will adhere to the records keeping requirements; 

h. Indicate whether the equipment will be used regionally;

i. Disclose civil rights compliance information; 

j. Certify they will meet all training requirements in section E;

k. Certify they will abide by all applicable federal, state, local, and tribal laws, regulations, 

and programmatic terms and conditions; and

l. Determine the specific certification or approval that may be required to purchase 

excepted or controlled equipment under a particular program.

2. Governing Body Approval

a. The recipient or subrecipient must provide evidence of approval or concurrence by the 

jurisdiction’s governing body (e.g., City Council, County Council, Mayor) for the 

acquisition of the requested excepted or controlled equipment. Evidence of the 

governing body’s approval or concurrence should be explicit. However, if the recipient

or subrecipient can provide evidence that the governing body was given a reasonable 

opportunity to review the excepted or controlled equipment acquisition request but failed 

to affirmatively approve or disapprove of the request, such silence or inaction will 

constitute evidence of approval.

i. For LEAs where the chief executive is popularly elected (e.g., Sheriffs), the LEA 

must provide official written notice to—but are not required to obtain approval 

from—their civilian governing body at least 30 days in advance of any application to 

acquire excepted or controlled equipment from the Federal Government. 

ii. For Institutions of Higher Education (IHEs), explicit approval by the governing body 

of the IHE (e.g., Board of Trustees or Visitors, State Board of Regents) for the 

acquisition of the excepted or controlled equipment is required, the documentation 

11 Equipment defined under this category is not an allowable expense under any FEMA preparedness grant program.
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of which must be included in the application. Silence (such as inclusion on consent 

calendar) or inaction by the governing body does not constitute approval.

3. Policy and Protocol Requirement

a. The recipient and subrecipient must have written policies and protocols that specifically 

govern the:

i. Appropriate use of excepted or controlled equipment: 

Recipients and subrecipients should examine scenarios in which excepted or 

controlled equipment will likely be deployed, the decision-making processes that will 

determine whether controlled equipment is used, and the potential that both use 

and misuse of excepted or controlled equipment could create fear and distrust in 

the community. Protocols should consider whether measures can be taken to 

mitigate that effect (e.g., keep armored vehicles at a staging area until needed) and 

any alternatives to the use of such equipment and tactics to minimize negative 

effects on the community while preserving officer safety. 

ii. Supervision of use of excepted or controlled equipment: 

The protocols must specify appropriate supervision of personnel operating or 

utilizing excepted or controlled equipment. Supervision must be tailored to the type 

of equipment being used and the nature of the engagement or operation during 

which the equipment will be used. Policies must describe when a supervisor of 

appropriate authority is required to be present and actively overseeing the 

equipment’s use in the field.

iii. Effectiveness evaluation: 

The protocols must articulate that the recipient or subrecipient will regularly monitor 

and evaluate the effectiveness and value of excepted or controlled equipment to 

determine whether continued deployment and use is warranted on operational, 

tactical, and technical grounds. Requesting organizations should review after-action 

reports routinely and analyze any data on, for example, how often excepted or 

controlled equipment is used or whether excepted or controlled equipment is used 

more frequently in certain law enforcement operations or in particular locations or 

neighborhoods.

iv. Auditing and accountability: 

There must be strong auditing and accountability provisions in the protocols that 

state that the recipient or subrecipient’s personnel will agree to comply with and be 

held accountable if they do not adhere to agency, state, local, tribal, territorial, and 

federal policies associated with the use of excepted or controlled equipment.

v. Transparency and notice consideration: 

The protocols must articulate that the recipient or subrecipient will engage the 

community regarding acquisition of excepted or controlled equipment, policies 

governing its use, and review of significant incidents, with the understanding that 

there are reasonable limitations on disclosures of certain information and law 

enforcement sensitive operations and procedures.
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b. LEA recipients or subrecipients requesting excepted or controlled equipment must have 

written policies and protocols on (1) Community Policing; (2) Constitutional Policing; and 

(3) Community Input and Impact Considerations.12 13

i. For IHEs, Community Input and Impact Considerations must include certification 

that campus LEA policies identify a mechanism that LEAs will engage members of 

the school community, including students and faculty. This includes how IHEs will 

provide members of the school community with information about excepted or 

controlled equipment, explanations from the IHE concerning the need for such 

equipment, as well as potential uses and benefits to the agency and the community. 

Information gathered from the community should be used to review trends related to 

the deployment of excepted or controlled equipment.

ii. Record-Keeping Requirement: Upon request from FEMA, LEAs must provide a copy 

of the General Policing Standards and Specific Controlled Equipment Standards 

and any related policies and protocols.

4. After-Action Report (AAR) Requirement Following a Significant Event

a. The recipient and subrecipient must collect and retain Required Information (section 

4.b) when a significant incident or event requires, or results in, the use of any excepted 

or controlled equipment purchased with FEMA grant funds. This requirement applies to 

equipment purchased with funding from FEMA grant awards made on or after January

1, 2023.

i. A significant incident or event includes:

12 LEAs include contracted LEAs or LEAs activated as part of a mutual aid agreement or memorandum of understanding 

using or operating grant funded excepted or controlled equipment. Community policing is the concept that trust and 

mutual respect between police and the communities they serve are critical to public safety. Community policing fosters 

relationships between law enforcement and the local community which promotes public confidence in LEAs and, in turn, 

enhances LEAs ability to investigate crimes and keep the peace. Constitutional Policing protocols emphasize that all 

police work should be carried out in a manner consistent with the requirements of the U.S. Constitution and federal law. 

Policies must include protocols on First Amendment, Fourth Amendment, and Fourteenth Amendment principles in law 

enforcement activity, as well as compliance with federal and state civil rights laws. Community Input and Impact protocols 

must identify mechanisms that LEAs will use to engage the communities they serve to inform them and seek their input 

about LEAs’ actions, role in, and relationships with the community. Law enforcement exists to protect and serve the 

community, so the community should be aware of and have a say in how they are policed. LEAs should make particular 

efforts to seek the input of communities where excepted or controlled equipment is likely to be used so as to mitigate the 

effect that such use may have on public confidence in the police. This could be achieved through the LEAs’ regular 

interactions with the public through community forums, town halls, or meetings with the Chief or community outreach 

divisions.

13 Community Policing is the concept that trust and mutual respect between police and the communities they serve are 

critical to public safety. Community policing fosters relationships between law enforcement and the local community which 

promotes public confidence in LEAs and, in turn, enhances LEAs ability to investigate crimes and keep the peace. 

Constitutional Policing protocols emphasize that all police work should be carried out in a manner consistent with the 

requirements of the U.S. Constitution and federal law. Policies must include protocols on First Amendment, Fourth 

Amendment, and Fourteenth Amendment principles in law enforcement activity, as well as compliance with federal and 

state civil rights laws. Community Input and Impact protocols must identify mechanisms that LEAs will use to engage the 

communities they serve to inform them and seek their input about LEAs’ actions, role in, and relationships with the 

community. Law enforcement exists to protect and serve the community, so the community should be aware of and have 

a say in how they are policed. LEAs should make particular efforts to seek the input of communities where excepted or 

controlled equipment is likely to be used so as to mitigate the effect that such use may have on public confidence in the 

police. This could be achieved through the LEAs’ regular interactions with the public through community forums, town 

halls, or meetings with the Chief or community outreach divisions.
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1. A demonstration or other public exercise of First Amendment rights or any other 

event that draws, or could be reasonably expected to draw, a large number of 

attendees or participants, such as those where advanced planning is needed;

2. When unlawful or inappropriate police actions are alleged and trigger a federal 

compliance review, and when FEMA determines that excepted or controlled 

equipment was used in the law enforcement activity under review; and

3. Any operation or action that involves (1) a violent encounter among civilians or 

between civilians and the recipient or subrecipient; and/or (2) a use-of-force 

that causes death or serious bodily injury.14

b. Required Information to be collected and retained for AAR:

i. Identification of excepted or controlled equipment used (e.g., categories and number 

of units of excepted or controlled equipment used, make/model/serial number);

ii. Description of the significant incident/event involving the excepted or controlled 

equipment;

iii. Identification of personnel who used the equipment and, if possible, a list of those 

involved in the incident; and

iv. Result of excepted or controlled equipment use (e.g., arrests, use-of-force, victim 

extraction, injuries).

5. Record-Keeping Requirement

a. Documented Policies and Protocols Records:

The recipient and subrecipient must retain written policies and procedures that govern 

the:

i. Appropriate use of excepted or controlled equipment; 

ii. Supervision of use of excepted or controlled equipment;

iii. Effectiveness evaluation;

iv. Auditing and accountability; and

v. Transparency and notice considerations.

b. Training Records:

The recipient and subrecipient must retain comprehensive training records, either in the 

personnel file of the individual who was trained or by the recipient’s training division or 

equivalent entity, for a period of at least three years after training date, and must 

provide a copy of these records, upon request, to DHS/FEMA.

c. AAR Records:

The recipient and subrecipient must retain AAR reports with the Required Information 

(section 4.a.) following any significant incident report for a period of at least three years 

and must provide a copy of these records, upon request, to FEMA. This information 

shall also be made available to the community served in accordance with applicable 

policies and protocols including considerations regarding the disclosure of sensitive 

information.

14 Serious bodily injury, as defined by 18 U.S.C. § 1365(h), is the bodily injury which involves (a) a substantial risk of 

death; (b) extreme physical pain; (c) protracted and obvious disfigurement; or (d) protracted loss or impairment of the 

function of a bodily member, organ, or mental faculty.
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6. Regional Capability

a. If the excepted or controlled equipment will provide a regional or multi-jurisdictional 

capability, all entities in the regional sharing agreement must meet the policy and 

protocol requirements, training requirements, after-action analysis report requirements, 

and record keeping requirements. The acquiring recipient or subrecipient is responsible 

for ensuring that a person/jurisdiction who uses its controlled equipment acquired 

through federal programs adheres to the recipient or subrecipient’s relevant policies or 

the regional sharing agreement, regardless of whether the user is employed by that 

entity. Ultimately, the responsibility for the use of excepted or controlled equipment rests 

with the entity that acquired it through a federal program, including in emergency and 

exigent circumstances.

b. Acquisition of excepted or controlled equipment—due to size, cost, scarcity, or other 

reason—for use in regional sharing arrangements is strongly encouraged.

7. Civil Rights Compliance

a. Entities requesting excepted or controlled equipment must disclose the following 

information with their application:

i. 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, that the recipient or subrecipient has violated a federal civil rights statute, 

nondiscrimination provision of any federal program statute, or any other 

programmatic term or condition related to nondiscrimination during the past three 

years,

ii. Any remedial agreement entered into as a result of a civil rights investigation during 

the past three years, or

iii. Any admissions of liability made regarding violations of federal civil rights law in the 

entity’s policing functions during the past three years. Entities must provide detailed 

information about the violation(s) and any efforts the entity has taken to cure the 

violation(s), and/or any information on remedial agreements.

b. FEMA Office of Equal Rights (FEMA OER) and DHS Office for Civil Rights and Civil 

Liberties (DHS CRCL) will review the information provided by the entity to evaluate the 

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

recipient has taken steps to remedy civil rights violations such that DHS can be assured 

that the entity will administer its programs and activities in a nondiscriminatory manner. 

Information on the review process for disclosures of civil rights violations is detailed in 

Information Bulletin 414: Civil Rights Review Process for Controlled Equipment 

Requests (Jan. 19, 2017). 

E. TRAINING REQUIREMENT FOR PURCHASING EXCEPTED OR CONTROLLED 

EQUIPMENT 

Outcome: Prior to the use of excepted or controlled equipment, the entity must provide or 

obtain necessary training regarding appropriate use of excepted or controlled equipment. 

Use of grant funds to purchase excepted or controlled equipment is intended to enhance 

capabilities and proficiencies through training and exercise in a variety of formats.
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1. Technical Proficiency:

All recipient and subrecipient personnel who will use excepted or controlled equipment 

must be trained properly on, and have achieved technical proficiency in, operating or 

utilizing the excepted or controlled equipment at issue prior to its use. The excepted or 

controlled equipment may be used for technical training and certification prior to 

deployment for official use.

2. Scenario-Based Training:

To the extent possible, trainings related to excepted or controlled equipment should include 

scenario-based training. Personnel authorizing or directing the use of excepted or 

controlled equipment should have enhanced scenario-based training to examine, 

deliberate, and review the 

circumstances in which excepted or controlled equipment should or should not be used. To 

the extent 

possible, the recipient or subrecipient should include scenario-based training that combines 

constitutional and community policing principles with equipment-specific training.

3. Training on Civil Rights and Civil Liberties: 

All recipient and subrecipient personnel who will use, authorize or direct the use of the

excepted or controlled equipment are required to have annual, appropriate, and relevant 

training on the 1st, 4th, and 14th Amendments. Training on how to protect the civil rights 

and civil liberties of those in the surrounding community where the excepted or controlled 

equipment will be used is vital to ensuring that the use of excepted or controlled equipment 

complies with constitutional standards for the protection of civil rights and civil liberties. 

Training objectives should define and explain relevant concepts and demonstrate the 

application of such concepts through equipment‐based scenarios to show appropriate and 

proper use of excepted or controlled equipment by both law enforcement and non-law 

enforcement personnel and the negative effects and consequences of misuse. 

4. For LEAs Only: 

General Policing Standards (including contracted LEAs or LEAs activated as part of a 

mutual aid agreement or memorandum of understanding using or operating grant-funded 

excepted or controlled equipment): All LEA personnel who may use or authorize use of 

excepted or controlled equipment must be trained annually on LEAs’ General Policing 

Standards including (1) Community Policing, (2) Constitutional Policing, and (3) Community 

Input and Impact Considerations. For additional information on these General Policing 

Standards see https://www.bja.gov/programs/Controlled-Equipment-Standards.pdf. 

For purposes of this requirement, annual training—after an initial comprehensive 

session—may be accomplished through, for example, an in-service, presentations at roll 

call, or as part of other training refreshers.
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F. PROCEDURES FOR PURCHASE OF AIRCRAFT, INCLUDING UNMANNED AIRCRAFT 

SYSTEMS (UAS) AND SMALL UNMANNED AIRCRAFT SYSTEMS (SUAS)

Outcome: FEMA requires certain procedures and certifications for recipients and subrecipients 

to use FEMA grant funds to purchase certain types of aircraft, including unmanned aircraft 

systems (UAS) and small unmanned aircraft systems (sUAS).

1. Exceptions to Prohibited Aircraft

a. Aircraft with an established commercial flight application are not prohibited. Aircraft that 

have an application for disaster-related emergencies; active shooter scenarios; hostage 

or other search and rescue operations; or anti-terrorism preparedness, protection, 

prevention, response, recovery, or relief are also not prohibited. All aircraft meeting the 

exception to the prohibition are considered controlled equipment.

i. Certification: In order to qualify for an exception, recipients and subrecipients must 

certify that aircraft has one of the applications stated in the preceding paragraph.

2. Types and Procedures for Controlled Aircraft

a. Manned Aircraft with Fixed or Rotary Wings 

i. Please consult program-specific policy or guidance to determine if this is allowable 

under a particular program. Purchase of fixed or rotary wing aircraft will require a 

waiver from FEMA by consulting the appropriate FEMA program staff, providing a 

detailed justification for obligating funds in this category, and receiving approval to 

obligate funds. 

ii. A detailed justification must address the following: 

1. The need for the aircraft and how the requested platform best meets that need as 

compared to other options;

2. How the requested aircraft supports the priorities of the grant program funding

the purchase;

3. If applicable identify the types of terrorism incident response and prevention 

equipment with which the requested aircraft will be outfitted, if purchased using 

FEMA funds; 

4. How the aircraft will be used operationally, and which response assets will be 

deployed using the requested aircraft; and 

5. How the aircraft will be utilized on a regular, non-emergency basis. 

Note: Licensing, registration fees, insurance, and all ongoing operational expenses are 

generally not allowable under FEMA grants. Please see program-specific policy or 

guidance regarding allowability under a particular program.

b. Unmanned Arial Vehicles / Unmanned Aircraft Systems (UAS): 

i. Unmanned Aircraft System (UAS): Unmanned aircraft (an aircraft that is operated 

without direct human intervention from within or on the aircraft) and associated 

elements (including communication links and components that control the unmanned 

aircraft) that are required for the pilot or system operator in command to operate 

safely and efficiently in the National Airspace System.

ii. The purchase of UAS/sUAS is allowed for certain FEMA grant programs. Please 

consult program-specific policy or guidance to determine if this is allowable under a 
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particular program. All requests are reviewed by FEMA, the DHS Privacy Office, and 

the DHS Office for Civil Rights and Civil Liberties.

iii. If permitted, a recipient must submit the following:

1. Recipient Support Letter

The letter must include:

i. Grant program and fiscal year or declaration number supporting the 

UAS/sUAS purchase; 

ii. Number (quantity) of UAS/sUAS requested; 

iii. Total dollar amount of grant funding requested for purchase; and 

iv. Applicable investment or project under the grant supporting the purchase.

2. Request Justification: The justification must include:

i. An explanation of how the purchase supports the priorities of the program 

funding the purchase and how the UAS/sUAS will be used in non-emergency 

scenarios.

ii. Detailed specifications for each piece of equipment or support component of 

the UAS/sUAS and the associated dollar amount. All equipment and 

components are to add up to the total dollar amount requested.

iii. Grant program and fiscal year or declaration number supporting the 

requested purchase.

iv. Applicable investment or project under the grant supporting the purchase.

v. Make, model, operating weight, and manufacturer’s country of origin of the 

UAS/sUAS intended for purchase.

vi. A description of the need for the UAS/sUAS.

vii. A list of all tools and accessories that will be equipped on the UAS/sUAS.

viii. Describe how the UAS/sUAS will be operationally deployed.

3. Request Certifications: The recipient (or if applicable, subrecipient), must submit 

the following certifications:

i. A signed certification from the recipient (or if applicable, subrecipient) that all 

licensing, registration fees, insurance, and operational and maintenance 

costs associated with the UAS/sUAS will not be paid for with grant funds.

ii. Signed certification that the recipient (or if applicable, subrecipient) has 

reviewed and understands the following:

1. DHS Cybersecurity and Infrastructure Security Agency (CISA), Unmanned 

Aircraft Systems (UAS) Fact Sheets.

2. DHS CISA, Chinese Manufactured Unmanned Aircraft Systems Industry 

Alert.

3. DHS CISA, Cybersecurity Best Practices for Operating Commercial 

Unmanned Aircraft Systems.

iii. Signed certification that the recipient (and if applicable, subrecipient) has 

reviewed FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award 

Funds for Covered Telecommunications Equipment or Services and has 

verified that the selected vendor/manufacturer of the requested UAS/sUAS is 

not listed as excluded on the System for Award Management.

iv. Signed certification that the recipient (or if applicable, subrecipient) has 

completed a risk assessment regarding any proposed use of foreign-made 

UAS/sUAS. 
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v. Policies and Procedures: Recipients (or if applicable, subrecipients) 

requesting to purchase UAS/sUAS must provide copies of the policies and 

procedures in place to safeguard individuals’ privacy, civil rights, and civil 

liberties of the jurisdiction that will purchase, take title to, or otherwise use the 

UAS/sUAS equipment per Presidential Memorandum: Promoting Economic 

Competitiveness While Safeguarding Privacy, Civil Rights, and Civil Liberties, 

in Domestic Use of Unmanned Aircraft Systems, issued February 15, 2015. 

This policy and procedures must contain: 

1. Privacy section with provisions addressing the following:

i. Authorized purposes; 

ii. Data collection: Recipients shall only collect information using UAS, or 

use UAS-collected information, to the extent that such collection or use 

is consistent with and relevant to an authorized purpose;

iii. Dissemination: UAS-collected information that is not maintained in a 

system of records covered by the Privacy Act shall not be disseminated 

unless dissemination is required by law, or fulfills an authorized purpose 

and complies with agency requirements; and

iv. Personally identifiable information (PII) retention: Information collected 

using UAS/sUAS that may contain PII shall not be retained for more than 

180 days unless retention of the information is determined to be 

necessary to an authorized mission, is maintained in a system of records 

covered by the Privacy Act or is required to be retained for a longer 

period by any other applicable law or regulation. 

2. Civil Rights/Civil Liberties section addressing the following:

i. Policies are in place to prohibit the collection, use, retention, or 

dissemination of data in any manner that would violate the First 

Amendment or in any manner that would discriminate against persons 

based upon their ethnicity, race, gender, national origin, religion, sexual 

orientation, or gender identity, in violation of law;

ii. UAS/sUAS activities are performed in a manner consistent with the 

Constitution and applicable laws, Executive Orders, and other 

Presidential directives; and

iii. Adequate procedures to receive, investigate, and address, as 

appropriate, privacy, civil rights, and civil liberties complaints. 

3. Accountability section providing the following:

i. Procedures for audit and oversight of the recipient (or if applicable 

subrecipient’s) UAS/sUAS program; 

ii. Rules of conduct for personnel involved in the UAS/sUAS program; 

iii. Supervision of personnel involved in the UAS/sUAS program; 

iv. Protocols for dealing with misuse and abuse of UAS/sUAS data; 

v. Data-sharing and records management; and

vi. Mutual aid requests.

4. Transparency section addressing the following, while not revealing 

information that could reasonably be expected to compromise law 

enforcement or national security: 

i. Public notice about UAS/sUAS program; 
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ii. Public notice about planned operations and

iii. Annual public reporting.

5. Finalization: a section or information indicating the UAS/sUAS policy has 

been finalized by the requesting recipient (or if applicable, subrecipient).

G. PROCEDURES FOR PURCHASE OF EXCEPTED EXPLOSIVES

Outcome: FEMA requires certain procedures for recipients and subrecipients to use FEMA 

grant funds for the purchase of explosives under the exceptions provision of this policy.

1. Funding may be used to purchase energetic materials to train FBI-accredited bomb 

squads.

a. Only FBI-accredited bomb squads can acquire grant-funded energetic materials under 

authorized programs. Bomb squads are responsible for the safe storage, inventory, and 

handling of energetic materials in their possession. Use of energetic materials will be 

limited to training purposes, as well as use by certified bomb technicians assigned to 

accredited bomb squads. Allowance for the use of grant funds to purchase energetic 

materials is intended to enhance bomb squad capabilities and proficiencies through 

training and practical exercises in simulated training environments.

b. Direct recipients of FEMA grants will be required to submit a waiver request to FEMA for 

approval on behalf of FBI-accredited bomb squads in order to purchase energetic 

materials. Any change to an investment or project based on a request for energetic 

materials must receive prior written approval from FEMA. 

c. Waiver requests must be submitted in writing to the recipient’s assigned FEMA program 

office. If applicable, any requests made by subrecipients must be submitted through the 

State Administrative Agency. Waiver requests must include the following information:

i. Proof of FBI bomb squad accreditation, including a copy of the squad accreditation 

certificate provided by the FBI.

ii. An explanation of the goals and objectives that the request for energetic materials 

supports.

iii. A description of where and how the energetic materials will be stored, including both 

stationary and mobile magazines. Supporting documentation must show that the 

storage facilities are in compliance with 27 C.F.R. Part 555 – Commerce in 

Explosives, Subpart K - Storage, as stated in the National Guidelines for Bomb 

Technicians, and it must include verification of an inventory process. 

iv. A description of the locations, under the control of accredited bomb squads, where 

any training will be conducted. Additional training sites under the control of 

accredited bomb squads may be reviewed by FEMA subsequent to the initial grant 

approval. 

v. Acknowledgement that the recipient understands and will follow all Bureau of 

Alcohol, Tobacco, Firearms, and Explosives (ATF) explosives guidelines, including 

the provision for ATF to audit storage magazines and explosive accountability, as 

well as the legal requirement to report any theft of explosives. 

vi. Acknowledgement that requests to use any non-ATF-certified training sites will 

require Environmental and Historic Preservation review.
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vii. Acknowledgement that the recipients of the energetic materials agree to follow all 

applicable federal, state, local, tribal, and territorial laws, rules, and guidelines 

pertaining to explosives. 

viii. The approximate date by which the materials will be expended or otherwise 

destroyed. This date must be within the period of performance of the grant being 

utilized for procurement.

ix. A detailed list of energetic materials and related supplies being requested. 

Examples of the types of energetic material eligible under this program include, but 

are not limited to:

1. Sheet explosives, including Pentaerythritol Tetranitrate and Research 

Department Explosive-based explosives 

2. Composition C-4 

3. Detonators 

4. Boosters 

5. Detonation Cord

x. Acknowledgment that energetic materials obtained through FEMA grant programs 

will be inventoried separately from other materials in the possession of the bomb 

squad, will be used for training purposes only, and will not be transferred to any 

other entity/department, such as canine or tactical units.

d. Compliance Verification

i. FEMA is responsible for implementing these requirements for all FEMA grant 

programs. FEMA staff will collaborate, as necessary, with the Office of Bombing 

Prevention within CISA in the processing of waiver requests and they will inform the 

appropriate FEMA program office of waiver approvals.

ii. Compliance with this policy will be verified during FEMA program office desk 

reviews, site visits, and annual inspections performed by the ATF.

H. ENHANCED CRITIERIA FOR CAMPUS LAW ENFORCEMENT AGENCIES OPERATING 

IN INSTITUTIONS OF HIGHER EDUCATION

Outcome: Recipients and subrecipients who are campus LEAs at IHEs must meet certain 

additional requirements before their request for excepted or controlled equipment can be 

approved. 

1. LEAs and IHEs should put particular emphasis on using prohibited or controlled equipment 

in a way that does not inhibit the exercise of the First Amendment rights of free speech or 

assembly, including public demonstrations, which are hallmarks of student life at IHEs. 

2. Recipients and subrecipients who are campus LEAs at IHEs must follow the requirements 

from the EO 13688 Law Enforcement Permanent Working Group, Enhanced Criteria for 

Institutions of Higher Education (IHE) Applicants (Feb. 2016) report at 

https://bja.ojp.gov/sites/g/files/xyckuh186/files/media/document/enhancedcriteriaforinstitutio

nsofhighereducationapplicants.pdf. 

I. COMPLIANCE WITH EXCEPTED AND CONTROLLED EQUIPMENT REQUIREMENTS

Outcome: Recipients and subrecipients that acquire excepted or controlled equipment must 

comply with applicable laws, regulations, and grant award terms and conditions. 
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1. Disposal or Transfer of Excepted or Controlled Equipment

a. Disposal: Prior to disposing of the excepted or controlled equipment, recipients must 

request disposition instructions from FEMA consistent with the terms of 2 C.F.R. Part 

200 and the award agreement. Recipients must abide by all applicable federal, state, 

local, tribal, and territorial laws, regulations, and programmatic terms when disposing of 

excepted or controlled equipment.

b. Transfer: Excepted or controlled equipment must remain in the possession of the 

original FEMA grant recipient and may not be transferred. The use of controlled 

equipment under a Memorandum of Understanding or other regional sharing agreement 

as listed under section D.6 above does not constitute a transfer of controlled equipment.

2. Violations of Use of Excepted or Controlled Equipment

a. FEMA may take appropriate action under the provisions in 2 C.F.R. Part 200 for 

violations of any federal statues, regulations, or the terms and conditions of the award

related to excepted or controlled equipment (e.g., failure to adopt required protocols, 

unauthorized transfers).

b. For alleged violations of civil rights law involving the grant-funded excepted or controlled 

equipment, the matter will be referred for investigation to FEMA OER and DHS CRCL to 

determine appropriate next steps, which may include but is not limited to an 

investigation or compliance review. If, after advising the appropriate person or persons 

of a failure to comply, DHS determines that compliance cannot be secured by voluntary 

means, DHS may bring about compliance by the termination of the grant award, by 

refusing to continue to provide future federal funding assistance, or by any other means 

authorized by law, which may include but are not limited to referral to the Department of 

Justice for judicial action. More information on the civil rights compliance process is 

detailed in Information Bulletin 414: Civil Rights Review Process for Controlled 

Equipment Requests (Jan. 19, 2017). 

3. Additional Requirements

All grant recipients that are authorized to utilize federal funding to procure or acquire 

excepted or controlled equipment must comply with 2 C.F.R. Part 200, the terms and 

conditions of the award agreement, and any special conditions that are placed on the 

award by FEMA. 

Pamela S. Williams

Assistant Administrator

Grant Programs Directorate

Date
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ADDITIONAL INFORMATION

REVIEW CYCLE 

FEMA Policy 207-22-0002, Prohibited or Controlled Equipment under FEMA Awards, will be 

reviewed reissued, revised, or rescinded within four years of the issue date.

AUTHORITIES and REFERENCES

AUTHORITIES

A. Executive Order 14074, Executive Order on Advancing effective, Accountable Policing and 

Criminal Justice Practices to Enhance Public Trust and Public Safety (May 25, 2022)

B. Executive Order 13688, Federal Support for Local Law Enforcement Equipment and 

Acquisition (Jan. 16, 2015)

C. Presidential Memorandum, Promoting Economic Competitiveness While Safeguarding 

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

(Feb. 2015)

D. Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d et seq

E. 2 C.F.R. § 200.300(a)

REFERENCES

A. DOD Directive 3000.09 of November 21, 2012, as amended (Autonomy in Weapons 

Systems) 

B. EO 13688 Law Enforcement Permanent Working Group, Recommendations Pursuant to 

Executive Order 13688: Federal Support for Local Law Enforcement Equipment Acquisition 

(May 2015)

C. EO 13688 Law Enforcement Permanent Working Group, Enhanced Criteria for Institutions 

of Higher Education (IHE) Applicants (Feb. 2016)

D. EO 13688 Law Enforcement Permanent Working Group, Recommendations Pursuant to 

Executive Order 13688: Federal Support for Local Law Enforcement Equipment Acquisition: 

Updated for Fiscal Year 2017 (Oct. 2016)

E. EO 13688 Law Enforcement Permanent Working Group, Annual Equipment List Review 

Comparison (Oct. 2016)

F. FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered 

Telecommunications Equipment or Services (May 10, 2022)

G. FEMA GPD IB No. 426, Guidance to Recipients and Subrecipients of FEMA Preparedness 

Grants Regarding Implementation of Executive Order 13809 Restoring State, Tribal, and 

Local Law Enforcement's Access to Life-Saving Equipment and Resources (Nov. 2017)

H. FEMA GPD IB No. 407a, Use of Grant Funds for Controlled Equipment: Update for Fiscal 

Year 2017 (Jan. 2017)

I. FEMA GPD IB No. 407, Use of Grant Funds for Controlled Equipment (Feb. 2016)

J. FEMA GPD IB No. 419, Purchase of Energetic Materials Using Homeland Security Grant 

Program (HSGP) Funding (July 2017)

K. FEMA GPD IB No. 438, Guidance for Use of Operation Stonegarden Funds for Small

Unmanned Aircraft Systems and Certain Costs Related to Transportation and Medical Care

(Jan. 2019) 
Page 19

L. FEMA GPD IB No. 414, Civil Rights Review Process for Controlled Equipment Requests

(Jan. 2017)

M. DHS Cybersecurity and Infrastructure Security Agency (CISA), Unmanned Aircraft Systems 

(UAS) Fact Sheets

N. DHS CISA, Chinese Manufactured Unmanned Aircraft Systems Industry Alert

O. DHS CISA, Cybersecurity Best Practices for Operating Commercial Unmanned Aircraft 

Systems 

DEFINITIONS

Authorized Equipment List a list of approved equipment types allowed under FEMA’s 

preparedness grant programs.

Controlled Equipment List identifies categories of equipment that have significant utility for 

state, local, tribal, territorial, and private grant recipients.

Entity may refer to a recipient, subrecipient, or both.

Excepted Equipment is equipment on the prohibited equipment list that have an exception to 

the prohibition of its purchase. 

Prohibited Equipment List identifies categories of equipment that recipients are prohibited 

from acquiring using federally-provided funds or via transfer from federal agencies.

Recipient is an entity, usually but not limited to non-federal entities that receives a federal 

award directly from a federal awarding agency. The term recipient does not include 

subrecipients or individuals that are beneficiaries of the award.

Subrecipient is an entity, usually but not limited to non-federal entities, that receives a 

subaward from a pass-through entity to carry out part of a federal award; but does not include 

an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other 

federal awards directly from a federal awarding agency.

MONITORING AND EVALUATION

FEMA will monitor the implementation and compliance of this policy through its regular 

programmatic monitoring procedures.

QUESTIONS

Questions regarding this policy may be directed to the GPD Policy mailbox at fema-gpdpolicy@fema.dhs.gov.