[Congressional Record Volume 164, Number 96 (Monday, June 11, 2018)]
[Senate]
[Pages S3701-S3703]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2713. Mr. PAUL (for himself and Mr. Schatz) submitted an amendment
intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe
(for himself and Mr. McCain) and intended to be proposed to the bill
H.R. 5515, to authorize appropriations for fiscal year
[[Page S3702]]
2019 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVIII--PREVENTION OF MILITARIZATION OF LAW ENFORCEMENT
SEC. 1801. SHORT TITLE.
This title may be cited as the ``Stop Militarizing Law
Enforcement Act''.
SEC. 1802. 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. 1803. 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);
[[Page S3703]]
(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 1802(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. 1804. 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 1802(b) of this Act, shall be an allowable use of
grant amounts under the Edward Byrne Memorial Justice
Assistance Grant Program.
SEC. 1805. 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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