[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3931 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3931
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
June 10, 2020
Mr. Paul (for himself, Mr. Schatz, and Mr. Van Hollen) 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 (5), by striking ``and''
at the end;
(ii) in paragraph (6), by striking the
period and inserting a semicolon; and
(iii) by adding at the end the following
new paragraphs:
``(7) the recipient certifies to the Department of Defense
that it has the personnel and technical capacity, including
training, to operate the property; and
``(8) 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 subsections (d), (e), and (f); and
(D) by adding at the end the following:
``(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 (7) and (8) 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 `controlled property' means any item
assigned a demilitarization code of B, C, D, E, G, or Q under
Department of Defense Manual 4160.21-M, `Defense Materiel
Disposition Manual', or any successor document.
``(4) 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 to be used to buy, maintain, or alter--
(1) explosive entry equipment;
(2) canines (other than bomb-sniffing canines for agencies
with certified bomb technicians or for use in search and rescue
operations);
(3) tactical or armored vehicles;
(4) long-range hailing and warning devices;
(5) 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
(6) firearms of .50 caliber or higher, ammunition of .50
caliber or higher, grenade launchers, flash grenades, or
bayonets.
(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 (34 U.S.C. 10152(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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