[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1856 Introduced in Senate (IS)]

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115th CONGRESS
  1st Session
                                S. 1856

    To prevent the militarization of Federal, State, and local law 
  enforcement by Federal excess property transfers and grant programs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2017

   Mr. Paul (for himself, Mr. Schatz, and Mr. Wyden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
    To prevent the militarization of Federal, State, and local law 
  enforcement by Federal excess property transfers and grant programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop Militarizing Law Enforcement 
Act''.

SEC. 2. ADDITIONAL LIMITATIONS ON TRANSFER OF DEPARTMENT OF DEFENSE 
              PERSONAL PROPERTY TO FEDERAL AND STATE LAW ENFORCEMENT 
              AGENCIES.

    (a) Additional Limitations.--
            (1) In general.--Section 2576a of title 10, United States 
        Code, is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (1)--
                                    (I) in the matter preceding 
                                subparagraph (A), by striking 
                                ``subsection (b)'' and inserting ``the 
                                provisions of this section''; and
                                    (II) in subparagraph (A), by 
                                striking ``, including counter-drug and 
                                counterterrorism activities''; and
                            (ii) in paragraph (2), by striking ``and 
                        the Director of National Drug Control Policy'';
                    (B) in subsection (b)--
                            (i) in paragraph (3), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (4), by striking the 
                        period and inserting a semicolon; and
                            (iii) by adding at the end the following 
                        new paragraphs:
            ``(5) the recipient certifies to the Department of Defense 
        that it has the personnel and technical capacity, including 
        training, to operate the property; and
            ``(6) the recipient certifies to the Department of Defense 
        that if the recipient determines that the property is surplus 
        to the needs of the recipient, the recipient will return the 
        property to the Department of Defense.'';
                    (C) by striking subsection (d); and
                    (D) by adding at the end the following new 
                subsections:
    ``(d) Limitations on Transfers.--The Secretary of Defense may not 
transfer under this section any property as follows:
            ``(1) Weapons, weapon parts, and weapon components, 
        including camouflage and deception equipment, and optical 
        sights.
            ``(2) Weapon system specific vehicular accessories.
            ``(3) Demolition materials.
            ``(4) Explosive ordinance.
            ``(5) Night vision equipment.
            ``(6) Tactical clothing, including uniform clothing and 
        footwear items, special purpose clothing items, and specialized 
        flight clothing and accessories.
            ``(7) Drones.
            ``(8) Combat, assault, and tactical vehicles, including 
        Mine-Resistant Ambush Protected (MRAP) vehicles.
            ``(9) Training aids and devices.
            ``(10) Firearms of .50 caliber or higher, ammunition of .50 
        caliber or higher, grenade launchers, flash grenades, and 
        bayonets.
    ``(e) Approval by Law Required for Transfer of Property Not 
Previously Transferrable.--(1) In the event the Secretary of Defense 
proposes to make available for transfer under this section any property 
of the Department of Defense not previously made available for transfer 
under this section, the Secretary shall submit to the appropriate 
committees of Congress a report setting forth the following:
            ``(A) A description of the property proposed to be made 
        available for transfer.
            ``(B) A description of the conditions, if any, to be 
        imposed on use of the property after transfer.
            ``(C) A certification that transfer of the property would 
        not violate a provision of this section or any other provision 
        of law.
    ``(2) The Secretary may not transfer any property covered by a 
report under this subsection unless authorized by a law enacted by 
Congress after the date of the receipt of the report by Congress.
    ``(f) Annual Certification Accounting for Transferred Property.--
(1) The Secretary of Defense shall submit to the appropriate committees 
of Congress each year a certification in writing that each recipient to 
which the Secretary has transferred property under this section during 
the preceding fiscal year--
            ``(A) has provided to the Secretary documentation 
        accounting for all property the Secretary has previously 
        transferred to such recipient under this section; and
            ``(B) has complied with paragraphs (5) and (6) of 
        subsection (b) with respect to the property so transferred 
        during such fiscal year.
    ``(2) If the Secretary cannot provide a certification under 
paragraph (1) for a recipient, the Secretary may not transfer 
additional property to such recipient under this section, effective as 
of the date on which the Secretary would otherwise make the 
certification under this subsection, and such recipient shall be 
suspended or terminated from further receipt of property under this 
section.
    ``(g) Conditions for Extension of Program.--Notwithstanding any 
other provision of law, amounts authorized to be appropriated or 
otherwise made available for any fiscal year may not be obligated or 
expended to carry out this section unless the Secretary submits to the 
appropriate committees of Congress a certification that for the 
preceding fiscal year that--
            ``(1) each recipient agency that has received property 
        under this section has--
                    ``(A) demonstrated 100 percent accountability for 
                all such property, in accordance with paragraph (2) or 
                (3), as applicable; or
                    ``(B) been suspended or terminated from the program 
                pursuant to paragraph (4);
            ``(2) with respect to each non-Federal agency that has 
        received property under this section, the State Coordinator 
        responsible for each such agency has verified that the State 
        Coordinator or an agent of the State Coordinator has conducted 
        an in-person inventory of the property transferred to the 
        agency and that 100 percent of such property was accounted for 
        during the inventory or that the agency has been suspended or 
        terminated from the program pursuant to paragraph (4);
            ``(3) with respect to each Federal agency that has received 
        property under this section, the Secretary of Defense or an 
        agent of the Secretary has conducted an in-person inventory of 
        the property transferred to the agency and that 100 percent of 
        such property was accounted for during the inventory or that 
        the agency has been suspended or terminated from the program 
        pursuant to paragraph (4);
            ``(4) the eligibility of any agency that has received 
        property under this section for which 100 percent of the 
        equipment was not accounted for during an inventory described 
        in paragraph (2) or (3), as applicable, to receive property 
        transferred under this section has been suspended or 
        terminated;
            ``(5) each State Coordinator has certified, for each non-
        Federal agency located in the State for which the State 
        Coordinator is responsible that--
                    ``(A) the agency has complied with all requirements 
                under this section; or
                    ``(B) the eligibility of the agency to receive 
                property transferred under this section has been 
                suspended or terminated; and
            ``(6) the Secretary of Defense has certified, for each 
        Federal agency that has received property under this section 
        that--
                    ``(A) the agency has complied with all requirements 
                under this section; or
                    ``(B) the eligibility of the agency to receive 
                property transferred under this section has been 
                suspended or terminated.
    ``(h) Website.--The Defense Logistics Agency shall maintain, and 
update on a quarterly basis, an Internet website on which the following 
information shall be made publicly available in a searchable format:
            ``(1) A description of each transfer made under this 
        section, including transfers made before the date of the 
        enactment of the Stop Militarizing Law Enforcement Act, set 
        forth by State, county, and recipient agency, and including 
        item name, item type, item model, and quantity.
            ``(2) A list of all property transferred under this section 
        that is not accounted for by the Defense Logistics Agency, 
        including--
                    ``(A) the name of the State, county, and recipient 
                agency;
                    ``(B) the item name, item type, and item model;
                    ``(C) the date on which such property became 
                unaccounted for by the Defense Logistics Agency; and
                    ``(D) the current status of such item.
            ``(3) A list of each agency suspended or terminated from 
        further receipt of property under this section, including 
        State, county, and agency, and the reason for and duration of 
        such suspension or termination.
    ``(i) Definitions.--In this section:
            ``(1) The term `appropriate committees of Congress' means--
                    ``(A) the Committee on Armed Services and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate; and
                    ``(B) the Committee on Armed Services and the 
                Committee on Oversight and Government Reform of the 
                House of Representatives.
            ``(2) The term `agent of a State Coordinator' means any 
        individual to whom a State Coordinator formally delegates 
        responsibilities for the duties of the State Coordinator to 
        conduct inventories described in subsection (g)(2).
            ``(3) The term `State Coordinator', with respect to a 
        State, means the individual appointed by the governor of the 
        State to maintain property accountability records and oversee 
        property use by the State.''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act.
    (b) Return of Property to Department of Defense.--Not later than 
one year after the date of the enactment of this Act, each Federal or 
State agency to which property described by subsection (d) of section 
2576a of title 10, United States Code (as added by subsection (a)(1) of 
this section), was transferred before the date of the enactment of this 
Act shall return such property to the Defense Logistics Agency on 
behalf of the Department of Defense.

SEC. 3. USE OF DEPARTMENT OF HOMELAND SECURITY PREPAREDNESS GRANT 
              FUNDS.

    (a) Definitions.--In this section--
            (1) the term ``Agency'' means the Federal Emergency 
        Management Agency; and
            (2) the term ``preparedness grant program'' includes--
                    (A) the Urban Area Security Initiative authorized 
                under section 2003 of the Homeland Security Act of 2002 
                (6 U.S.C. 604);
                    (B) the State Homeland Security Grant Program 
                authorized under section 2004 of the Homeland Security 
                Act of 2002 (6 U.S.C. 605);
                    (C) the Port Security Grant Program authorized 
                under section 70107 of title 46, United States Code; 
                and
                    (D) any other non-disaster preparedness grant 
                program of the Agency.
    (b) Limitation.--The Agency may not permit awards under a 
preparedness grant program--
            (1) to be used to buy, maintain, or alter--
                    (A) explosive entry equipment;
                    (B) head and face protection equipment, other than 
                those to be used by certified bomb technicians;
                    (C) canines (other than bomb-sniffing canines for 
                agencies with certified bomb technicians or for use in 
                search and rescue operations);
                    (D) tactical or armored vehicles;
                    (E) long-range hailing and warning devices;
                    (F) tactical entry equipment (other than for use by 
                specialized teams such as Accredited Bomb Squads, 
                Tactical Entry, or Special Weapons and Tactics (SWAT) 
                Teams); or
                    (G) firearms of .50 caliber or higher, ammunition 
                of .50 caliber or higher, grenade launchers, flash 
                grenades, or bayonets; or
            (2) to be used to buy, maintain, or alter body armor or 
        ballistic helmets and shields unless the grantee certifies to 
        the Agency that the equipment will not be used for riot 
        suppression.
    (c) Review of Prior Receipt of Property Before Award.--In making an 
award under a preparedness grant program, the Agency shall--
            (1) determine whether the awardee has already received, and 
        still retains, property from the Department of Defense pursuant 
        to section 2576a of title 10, United States Code, including 
        through review of the website maintained by the Defense 
        Logistics Agency pursuant to subsection (h) of such section (as 
        added by section 2(a)(1) of this Act);
            (2) require that the award may not be used by the awardee 
        to procure or obtain property determined to be retained by the 
        awardee pursuant to paragraph (1); and
            (3) require that the award only be used to procure or 
        obtain property in accordance with use restrictions contained 
        within the Agency's State and Local Preparedness Grant 
        Programs' Authorized Equipment List.
    (d) Use of Grant Program Funds for Required Return of Property to 
DoD.--Notwithstanding any other provision of law, the use of funds by a 
State or local agency to return to the Department of Defense property 
transferred to such State or local agency pursuant to section 2676a of 
title 10, United States Code, as such return is required by section 
2(b) of this Act, shall be an allowable use of preparedness grant 
program funds by such agency.
    (e) Accountability Measures.--
            (1) Audit of use of preparedness grant funds.--Not later 
        than one year after the date of the enactment of this Act, the 
        Comptroller General of the United States shall conduct an audit 
        covering the period of fiscal year 2010 through the current 
        fiscal year on the use of preparedness grant program funds. The 
        audit shall assess how funds have been used to procure 
        equipment, how the equipment has been used, and whether the 
        grant awards have furthered the Agency's goal of improving the 
        preparedness of State and local communities.
            (2) Annual accounting of use of award funds.--Not later 
        than one year after the date of the enactment of this Act, the 
        Agency shall develop and implement a system of accounting on an 
        annual basis how preparedness grant program funds have been 
        used to procure equipment, how the equipment has been used, 
        whether grantees have complied with restrictions on the use of 
        equipment contained with the Authorized Equipment List, and 
        whether the awards have furthered the Agency's goal of 
        enhancing the capabilities of State agencies to prevent, deter, 
        respond to, and recover from terrorist attacks, major 
        disasters, and other emergencies.

SEC. 4. USE OF EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS.

    (a) Limitation.--Section 501(d) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3751(d)) is amended by 
adding at the end the following:
            ``(3) The purchase, maintenance, alteration, or operation 
        of--
                    ``(A) lethal weapons; or
                    ``(B) less-lethal weapons.''.
    (b) Use of Grant Funds for Required Return of Property to DoD.--
Notwithstanding any other provision of law, the use of funds by a State 
agency or unit of local government to return to the Department of 
Defense property transferred to such agency or unit of local government 
pursuant to section 2676a of title 10, United States Code, as such 
return is required by section 2(b) of this Act, shall be an allowable 
use of grant amounts under the Edward Byrne Memorial Justice Assistance 
Grant Program.

SEC. 5. COMPTROLLER GENERAL REPORT.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, and annually thereafter, the Comptroller General 
of the United States shall submit to Congress a report on Federal 
agencies, including offices of Inspector General for Federal agencies, 
that have specialized units that receive special tactical or military-
style training or use hard-plated body armor, shields, or helmets and 
that respond to high-risk situations that fall outside the capabilities 
of regular law enforcement officers, including any special weapons and 
tactics (SWAT) team, tactical response teams, special events teams, 
special response teams, or active shooter teams.
    (b) Elements.--The report required under subsection (a) shall 
include the following elements:
            (1) A description of each specialized unit described under 
        such subsection.
            (2) A description of the training and weapons of each such 
        unit.
            (3) The criteria for activating each such unit and how 
        often each such unit was activated for each year of the 
        previous ten years.
            (4) An estimate of the annual cost of equipping and 
        operating each such unit.
            (5) Any other information that is relevant to understanding 
        the usefulness and justification for the units.
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