[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9241 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9241
To amend title 10, United States Code, to improve the oversight of the
disposition of accountable property in certain theaters of operation,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 10, 2026
Mr. Hamadeh of Arizona (for himself and Mr. Mills) introduced the
following bill; which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to improve the oversight of the
disposition of accountable property in certain theaters of operation,
and for other purposes.
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 ``No Equipment Left Behind Act of
2026''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The collapse of Iraqi security forces in Mosul and
elsewhere in 2014 enabled the Islamic State of Iraq and the
Levant (ISIL) to capture and exploit significant quantities of
United States-origin and United States-provided equipment.
(2) The collapse of Afghan security forces in 2021 resulted
in the acquisition by the Taliban and other hostile actors of
substantial United States-funded defense equipment.
(3) The United States Special Inspector General for Afghan
Reconstruction found that the Taliban likely gained access to
approximately $57,600,000 in funds provided by the Department
of Defense, the Department of State, and the United States
Agency for International Development to the former Afghan
government.
(4) The Department of Defense reported that it left at
least $7,100,000,000 in United States-funded defense equipment
in Afghanistan upon the United States departure in 2021.
(5) According to news reporting from June through August
2021, the Taliban captured significant quantities of United
States-provided vehicles and equipment from Afghan security
forces prior to the collapse of the former Afghan government,
including, in at least one reported period, approximately 700
trucks and Humvees, and reporting citing a United States
official and an intelligence assessment indicated the Taliban
was believed to control more than 2,000 armored vehicles and
dozens of fixed-wing aircraft and helicopters, following the
collapse.
(6) Department of Defense oversight reporting found that
interagency information regarding funds and equipment left
behind in Afghanistan was limited, and that the agencies lacked
plans to recover such funds or equipment.
(7) Credible news reporting in May 2015, citing statements
by Iraqi government officials, indicated that ISIL captured
approximately 2,300 Humvee armored vehicles from Iraqi security
forces in Mosul in 2014. Credible reporting further indicated
that ISIL converted captured United States-provided Humvee
vehicles into vehicle-borne improvised explosive devices,
including suicide car bombs, and employed such devices against
Iraqi and Kurdish partner forces.
(8) Iranian-backed militia and proxy networks operating in
Iraq and Syria have demonstrated the capability and intent to
infiltrate, influence, or exploit partner security institutions
and logistics nodes, increasing the risk that United States-
origin defense equipment may be diverted, transferred, or
otherwise accessed by state-backed proxy forces.
(9) Any decisions regarding force reposturing or withdrawal
should be predicated on comprehensive equipment accountability,
cost transparency, and partner force resiliency assessments to
mitigate the risk of diversion.
(10) Disposition decisions should leverage a full spectrum
of options--including retrograde, destruction, and sale to
identify cost-neutral or cost-offsetting solutions for surplus
equipment.
(11) Current Department of Defense property accountability
and security assistance monitoring frameworks lack the systemic
integration necessary to provide Congress with timely,
comprehensive accounting or cost-benefit analyses regarding
equipment disposition during force withdrawals or significant
reposturing.
SEC. 3. DISPOSITION OF ACCOUNTABLE PROPERTY IN DESIGNATED THEATERS OF
OPERATION.
(a) Oversight of Disposition.--Chapter 153 of title 10, United
States Code, is amended by inserting after section 2581 the following
new section:
``Sec. 2582. Disposition of accountable property in designated theaters
of operation
``(a) Reporting Requirement.--Not later than 60 days after
initiating any significant force reposturing or withdrawal within or
from a covered theater of operations, the Secretary of Defense shall
submit to the congressional defense committees a report that includes,
with respect to accountable property used in connection with the
operations associated with such reposturing or withdrawal, the
following elements:
``(1) A comprehensive inventory of such property
(including, to the extent practicable, the serial number and
end-item identity of any such property that is a controlled
inventory item), including an identification of--
``(A) whether such property remains under the
custody and control of the United States;
``(B) to the extent known and consistent with
available records, whether such property was previously
sold or otherwise transferred to an ally or partner of
the United States;
``(C) whether the Secretary has proposed a
disposition for such property and if so, which
disposition; and
``(D) to the extent known or assessed, the status
of such property, including, if known, the disposition
of such property and the end user of such property.
``(2) For each category of major defense equipment, an
assessment of the feasibility, timeline, operational effect,
and security, accountability, and end-user monitoring
considerations, associated with potential dispositions for
accountable property within each such category.
``(3) For any covered disposition assessed under paragraph
(2), a description of any operational or logistical constraint
rendering other dispositions unfeasible or impracticable.
``(4) For each potential disposition for accountable
property assessed as feasible pursuant to paragraph (2), an
estimate of the incremental costs of such option relative to
baseline costs of withdrawal and redeployment activities,
including an identification of--
``(A) costs associated with the shipping and
handling of such property; and
``(B) costs associated with the sustainment and
storage for such property.
``(5) A plan to mitigate the risk of diversion or misuse
resulting from dispositions of accountable property that
includes the following:
``(A) An identification of relevant end-use
monitoring requirements of the Department of Defense,
including the office of the Department responsible for
implementing such requirements, the frequency of
monitoring under such requirements, and any procedures
for addressing noncompliance with such requirements,
including in the event of the loss of the property.
``(B) An identification of any feasible remote
disablement capability that may be used with respect to
such property, and, for any such capability the use of
which is not feasible, an explanation of any technical,
operational, or legal constraints to such use.
``(C) Procedures for the implementation of the plan
with respect to accountable property that is sensitive
technology (including communications security items,
cryptographic material, biometrics collection devices,
and associated databases) prior to determining a
disposition for such technology.
``(D) A plan to secure, retrieve, disable, or
otherwise neutralize accountable property in the event
of the ally or partner of the United States to which
such property was sold or transferred experiencing a
collapse or regime change.
``(E) A chain-of-custody plan for the transport,
storage, and transfer of accountable property,
including an identification of responsible units,
storage site controls, and inspection checkpoints.
``(6) For any accountable property previously sold or
otherwise transferred to an ally or partner of the United
States, or proposed to be so sold or transferred, an assessment
of the following:
``(A) The capacity of the end user, or prospective
end user, to sustain such property absent support by
the United States Armed Forces or contractors of the
Department of Defense.
``(B) To the extent practicable, whether the end
user, or prospective end user--
``(i) has been subject to any security
vetting or monitoring by the Secretary,
including an identification of any period of
continuous monitoring;
``(ii) maintains effective command-and-
control structures; or
``(iii) is subject to infiltration,
coercion, or substantial influence by any
foreign terrorist organization or other hostile
actor.
``(C) The effect, or anticipated effect, of the
sale or transfer on morale and retention with respect
to the United States Armed Forces.
``(D) Whether there is a history of accountable
property previously sold or transferred to the ally or
partner being diverted to an unauthorized end user,
including, as applicable, an identification of any such
prior diversion, the assessed end user, and the
quantity and type of any major defense equipment so
diverted.
``(E) The risk of the ally or partner experiencing
rapid collapse.
``(7) An assessment of the significant force reposturing or
withdrawal with respect to applicable lessons learned from the
operations of United States Armed Forces in Iraq in 2014, and
the withdrawal of such forces from Afghanistan in 2021,
including an assessment of--
``(A) specific decision points with respect to such
operations in which diversion risk was underestimated;
and
``(B) any mitigation measures that would have
reduced such risk.
``(b) Notification of Certain Sales and Transfers.--Not later than
30 days after the date of a sale or transfer of accountable property in
connection with a significant force reposturing or withdrawal within or
from a covered theater of operations, the Secretary of Defense shall
submit to the congressional defense committees a notification the
contains, to the extent known--
``(1) a description of the accountable property sold or
otherwise transferred;
``(2) a description of the end user of such property; and
``(3) a certification of the conduct of the assessment
required under paragraph (1)(A).
``(c) Senior Approval Requirement.--(1) The Secretary of Defense or
the Deputy Secretary of Defense shall approve, in writing, any
determination to proceed with a disposition described in paragraph (2)
for accountable property with an aggregate replacement value exceeding
$10,000,000.
``(2) A disposition described in this paragraph is, with respect to
accountable property, the abandonment or loss of such property without
continuous custody and control by the United States or a partner or
ally of the United States, the destruction of such property, or the
demilitarization of such property.
``(d) Annual Report and Notification Requirements.--(1) Not later
than one year after the date of the enactment of this section, and
annually thereafter for five years, the Secretary of Defense shall
submit to the congressional defense committees a report containing,
with respect to the year preceding the date of submission of the
report, the following:
``(A) A summary of the dispositions of accountable property
in covered theaters of operation, including any covered
dispositions.
``(B) A summary of any incidents in which major defense
equipment was diverted, including an identification of the
quantity and type of equipment so diverted and, to the extent
practicable, the assessed end user.
``(C) A summary of risk mitigation measures implemented,
consistent with the plan under subsection (a)(5).
``(D) Any material changes in the resilience of allies or
partners of the United States relevant to determinations
regarding dispositions for accountable property, including with
respect to the risk of infiltration or diversion.
``(2) Not later than 30 days after any date on which the Secretary
of Defense becomes aware of a collapse of an ally or partner force or
other event that the Secretary determines materially increases the risk
of accountable property being diverted in a covered theater of
operations, the Secretary shall submit to the congressional defense
committees written notification that includes a description of the
event, the categories of property at risk of diversion, and any
mitigation measure implemented.
``(3)(A) Not later than 30 days after any date on which the
Secretary of Defense becomes aware that accountable property subject to
a covered disposition in a covered theater of operations has been
diverted and used in an attack conducted by a foreign terrorist
organization or other hostile actor against the United States, allies
or partners of the United States, or local populations, the Secretary
shall submit to the congressional defense committees a written
notification.
``(B) Each notification under subparagraph (A) shall include, to
the extent practicable--
``(i) an identification of the accountable property used in
the attack;
``(ii) an identification of the date on which, and the
location from which, the property left the custody and control
of the United States or an ally or partner of the United
States;
``(iii) an attribution as to the actor responsible for the
attack; and
``(iv) the total number of casualties caused by the attack.
``(e) Form of Reports.--Each report required under this section
shall be submitted in unclassified form but may include a classified
annex.
``(f) Definitions.--In this section:
``(1) The term `accountable property' means any accountable
property of the Department of Defense, as described in
Department of Defense Instruction 5000.64, titled
`Accountability and Management of DoD Equipment and Other
Accountable Property' and dated June 10, 2019 (or any such
successor instruction).
``(2) The term `aggregate replacement value', with respect
to accountable property, means the total replacement value of
such property as reflected in property accountability systems
of the Department of Defense, or, if not recorded therein, the
best available estimate for such value as determined by the
Secretary.
``(3) The term `controlled inventory item' means any item
designated as such pursuant to Department of Defense
Instruction 5000.64, titled `Accountability and Management of
DoD Equipment and Other Accountable Property' and dated June
10, 2019 (or any such successor instruction).
``(4) The term `covered disposition', with respect to
accountable property--
``(A) means disposition of such property other than
a retrograde, destruction, demilitarization, sale, or
other transfer, carried out in accordance with
applicable provisions of law; and
``(B) includes the abandonment of such property
without continuous custody and control by the United
States or a partner or ally of the United States.
``(5) The term `covered theater of operations' means any
geographic area designated by the Secretary of Defense for
purposes of this section in which the United States Armed
Forces are conducting contingency operations, advising or
assisting ally or partner forces engaged in hostilities, or
conducting operations in an environment with respect to which
the Secretary determines there is a material risk of the loss
or abandonment of such property without continuous custody and
control by the United States or a partner or ally of the United
States as a result of armed conflict, terrorist activity,
collapse of an ally or partner force, or seizure by a hostile
actor, taking into account any history of diversion of such
property to an unauthorized end user.
``(6) The term `disposition', with respect to accountable
property, includes the retrograde, destruction,
demilitarization, sale, transfer, loss, and abandonment of such
property.
``(7) The term `foreign terrorist organization' means an
organization so designated by the Secretary of State under
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189).
``(8) The term `major defense equipment' has the meaning
given such term in section 47 of the Arms Export Control Act
(22 U.S.C. 2794).
``(9) The term `significant force reposturing or
withdrawal' means a reduction, redeployment, or consolidation
of the United States Armed Forces that the Secretary of Defense
determines is significant for purposes of this section,
including any action that--
``(A) closes, transfers, or materially reduces the
capacity of a facility of the Department of Defense;
``(B) results in the disposition of accountable
property with an aggregate value exceeding $10,000,000;
or
``(C) reduces United States Armed Forces personnel
levels by more than 20 percent in a given covered
theater of operations over a 90-day period.''.
(b) Initial Baseline Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the congressional defense committees a report that provides
baseline information regarding the disposition of accountable
property in covered theaters of operation during fiscal year
2026 and contains plans for the implementation of section 2582
of title 10, United States Code, as added by subsection (a).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the processes and systems of
the Department of Defense for the disposition of
accountable property in covered theaters of operations,
including any such systems used to record inventories
of, or dispositions for, such property.
(B) A description of any policies or procedures of
the Department of Defense governing dispositions for
accountable property, including the approval procedures
for covered dispositions, and any planned updates to
such policies to conform with the requirements of such
section 2582.
(C) An assessment of any gaps in data that would
affect compliance with such requirements, and a plan
and timeline to resolve any such gaps.
(3) Form.--The report required under this subsection shall
be submitted in unclassified form but may include a classified
annex.
(c) Report on Senior Leader Accountability for Certain
Dispositions.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit to
the congressional defense committees a report describing
processes to determine accountability for covered dispositions
of accountable property in connection with a significant force
reposturing or withdrawal.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the policies and standards
applied to assess individual and command responsibility
for the covered dispositions referred to in paragraph
(1), including distinctions, if any, by grade,
position, or component.
(B) A description of any adverse personnel action
available, and (as applicable) taken, with respect to
members of the Armed Forces as a result of such covered
dispositions.
(C) An identification of the criteria used to
determine whether such covered dispositions trigger a
formal investigation or accountability review.
(D) Any recommendations for statutory, regulatory,
or policy changes to ensure accountability standards
are applied consistently and proportionately across
ranks and responsibilities.
(3) Form.--The report required under this subsection shall
be submitted in unclassified form but may include a classified
annex.
(d) GAO Review.--
(1) Review.--The Comptroller General of the United States
shall review the implementation of section 2582 of title 10,
United States Code, as added by subsection (a), including with
respect to--
(A) the completeness of any inventories submitted
under such section;
(B) the validity of cost comparisons used in
implementing such section, including any assumptions
used in such comparisons;
(C) the adequacy of any plan developed under
subsection (a)(5) of such section; and
(D) the frequency of, justifications for, and
execution of, sales or transfers of accountable
property for which a waiver is issued under subsection
(b)(2)(A) of such section, including compliance with
the notification and reporting requirements of such
subsection.
(2) Briefing.--Not later than one year after the date of
the enactment of this Act, the Comptroller General shall
provide to the congressional defense committees a briefing on
the results of the review under paragraph (1).
(e) Definitions.--In this section:
(1) The term ``congressional defense committees'' has the
meaning given such term in section 101 of title 10, United
States Code.
(2) The terms ``accountable property'', ``covered
disposition'', ``disposition'', and ``significant force
reposturing or withdrawal'' have the meanings given such terms
in section 2582(f) of title 10, United States Code, as added by
subsection (a).
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