II 

114TH CONGRESS 

1ST SESSION S. 1441 

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 

MAY 21, 2015 

Mr. PAUL (for himself and Mr. SCHATZ) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Stop Militarizing Law 

5 Enforcement Act’’. 

6 SEC. 2. ADDITIONAL LIMITATIONS ON TRANSFER OF DE7 PARTMENT OF DEFENSE PERSONAL PROP8 ERTY TO FEDERAL AND STATE LAW EN9 FORCEMENT AGENCIES. 

10 (a) ADDITIONAL LIMITATIONS.— 


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1 (1) IN GENERAL.—Section 2576a of title 10, 

2 United States Code, is amended— 

3 (A) in subsection (a)— 

4 (i) in paragraph (1)— 

5 (I) in the matter preceding sub6 paragraph (A), by striking ‘‘sub7 section (b)’’ and inserting ‘‘the provi8 sions of this section’’; and 

9 (II) in subparagraph (A), by 

10 striking ‘‘, including counter-drug and 

11 counterterrorism activities’’; and 

12 (ii) in paragraph (2), by striking ‘‘and 

13 the Director of National Drug Control Pol14 icy’’; 

15 (B) in subsection (b)— 

16 (i) in paragraph (3), by striking 

17 ‘‘and’’ at the end; 

18 (ii) in paragraph (4), by striking the 

19 period and inserting a semicolon; and 

20 (iii) by adding at the end the fol21 lowing new paragraphs: 

22 ‘‘(5) the recipient certifies to the Department of 

23 Defense that it has the personnel and technical ca24 pacity, including training, to operate the property; 

25 and 


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1 ‘‘(6) the recipient certifies to the Department of 

2 Defense that if the recipient determines that the 

3 property is surplus to the needs of the recipient, the 

4 recipient will return the property to the Department 

5 of Defense.’’; 

6 (C) by striking subsection (d); and 

7 (D) by adding at the end the following new 

8 subsections: 

9 ‘‘(d) LIMITATIONS ON TRANSFERS.—The Secretary 

10 of Defense may not transfer under this section any prop11 erty as follows: 

12 ‘‘(1) Weapons, weapon parts, and weapon com13 ponents, including camouflage and deception equip14 ment, and optical sights. 

15 ‘‘(2) Weapon system specific vehicular acces16 sories. 

17 ‘‘(3) Demolition materials. 

18 ‘‘(4) Explosive ordinance. 

19 ‘‘(5) Night vision equipment. 

20 ‘‘(6) Tactical clothing, including uniform cloth21 ing and footwear items, special purpose clothing 

22 items, and specialized flight clothing and accessories. 

23 ‘‘(7) Drones. 


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1 ‘‘(8) Combat, assault, and tactical vehicles, in2 cluding Mine-Resistant Ambush Protected (MRAP) 

3 vehicles. 

4 ‘‘(9) Training aids and devices. 

5 ‘‘(10) Firearms of .50 caliber or higher, ammu6 nition of .50 caliber or higher, grenade launchers, 

7 flash grenades, and bayonets. 

8 ‘‘(e) APPROVAL BY LAW REQUIRED FOR TRANSFER

9 OF PROPERTY NOT PREVIOUSLY TRANSFERRABLE.—(1) 

10 In the event the Secretary of Defense proposes to make 

11 available for transfer under this section any property of 

12 the Department of Defense not previously made available 

13 for transfer under this section, the Secretary shall submit 

14 to the appropriate committees of Congress a report setting 

15 forth the following: 

16 ‘‘(A) A description of the property proposed to 

17 be made available for transfer. 

18 ‘‘(B) A description of the conditions, if any, to 

19 be imposed on use of the property after transfer. 

20 ‘‘(C) A certification that transfer of the prop21 erty would not violate a provision of this section or 

22 any other provision of law. 

23 ‘‘(2) The Secretary may not transfer any property 

24 covered by a report under this subsection unless authorVerDate Sep 11 2014 04:08 May 29, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1441.IS S1441

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1 ized by a law enacted by Congress after the date of the 

2 receipt of the report by Congress. 

3 ‘‘(f) ANNUAL CERTIFICATION ACCOUNTING FOR

4 TRANSFERRED PROPERTY.—(1) The Secretary of Defense 

5 shall submit to the appropriate committees of Congress 

6 each year a certification in writing that each recipient to 

7 which the Secretary has transferred property under this 

8 section during the preceding fiscal year— 

9 ‘‘(A) has provided to the Secretary documenta10 tion accounting for all property the Secretary has 

11 previously transferred to such recipient under this 

12 section; and 

13 ‘‘(B) has complied with paragraphs (5) and (6) 

14 of subsection (b) with respect to the property so 

15 transferred during such fiscal year. 

16 ‘‘(2) If the Secretary cannot provide a certification 

17 under paragraph (1) for a recipient, the Secretary may 

18 not transfer additional property to such recipient under 

19 this section, effective as of the date on which the Secretary 

20 would otherwise make the certification under this sub21 section, and such recipient shall be suspended or termi22 nated from further receipt of property under this section. 

23 ‘‘(g) CONDITIONS FOR EXTENSION OF PROGRAM.— 

24 Notwithstanding any other provision of law, amounts au25 thorized to be appropriated or otherwise made available 


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1 for any fiscal year may not be obligated or expended to 

2 carry out this section unless the Secretary submits to the 

3 appropriate committees of Congress a certification that for 

4 the preceding fiscal year that— 

5 ‘‘(1) each recipient agency that has received 

6 property under this section has— 

7 ‘‘(A) demonstrated 100 percent account8 ability for all such property, in accordance with 

9 paragraph (2) or (3), as applicable; or 

10 ‘‘(B) been suspended or terminated from 

11 the program pursuant to paragraph (4); 

12 ‘‘(2) with respect to each non-Federal agency 

13 that has received property under this section, the 

14 State Coordinator responsible for each such agency 

15 has verified that the State Coordinator or an agent 

16 of the State Coordinator has conducted an in-person 

17 inventory of the property transferred to the agency 

18 and that 100 percent of such property was ac19 counted for during the inventory or that the agency 

20 has been suspended or terminated from the program 

21 pursuant to paragraph (4); 

22 ‘‘(3) with respect to each Federal agency that 

23 has received property under this section, the Sec24 retary of Defense or an agent of the Secretary has 

25 conducted an in-person inventory of the property 


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1 transferred to the agency and that 100 percent of 

2 such property was accounted for during the inven3 tory or that the agency has been suspended or ter4 minated from the program pursuant to paragraph 

5 (4); 

6 ‘‘(4) the eligibility of any agency that has re7 ceived property under this section for which 100 per8 cent of the equipment was not accounted for during 

9 an inventory described in paragraph (2) or (3), as 

10 applicable, to receive property transferred under this 

11 section has been suspended or terminated; and 

12 ‘‘(5) each State Coordinator has certified, for 

13 each non-Federal agency located in the State for 

14 which the State Coordinator is responsible that— 

15 ‘‘(A) the agency has complied with all re16 quirements under this section; or 

17 ‘‘(B) the eligibility of the agency to receive 

18 property transferred under this section has been 

19 suspended or terminated; and 

20 ‘‘(6) the Secretary of Defense has certified, for 

21 each Federal agency that has received property 

22 under this section that— 

23 ‘‘(A) the agency has complied with all re24 quirements under this section; or 


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1 ‘‘(B) the eligibility of the agency to receive 

2 property transferred under this section has been 

3 suspended or terminated. 

4 ‘‘(h) WEBSITE.—The Defense Logistics Agency shall 

5 maintain, and update on a quarterly basis, an Internet 

6 website on which the following information shall be made 

7 publicly available in a searchable format: 

8 ‘‘(1) A description of each transfer made under 

9 this section, including transfers made before the 

10 date of the enactment of the Stop Militarizing Law 

11 Enforcement Act, set forth by State, county, and re12 cipient agency, and including item name, item type, 

13 item model, and quantity. 

14 ‘‘(2) A list of all property transferred under 

15 this section that is not accounted for by the Defense 

16 Logistics Agency, including— 

17 ‘‘(A) the name of the State, county, and 

18 recipient agency; 

19 ‘‘(B) the item name, item type, and item 

20 model; 

21 ‘‘(C) the date on which such property be22 came unaccounted for by the Defense Logistics 

23 Agency; and 

24 ‘‘(D) the current status of such item. 


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1 ‘‘(3) A list of each agency suspended or termi2 nated from further receipt of property under this 

3 section, including State, county, and agency, and the 

4 reason for and duration of such suspension or termi5 nation. 

6 ‘‘(i) DEFINITIONS.—In this section: 

7 ‘‘(1) The term ‘appropriate committees of Con8 gress’ means— 

9 ‘‘(A) the Committee on Armed Services 

10 and the Committee on Homeland Security and 

11 Governmental Affairs of the Senate; and 

12 ‘‘(B) the Committee on Armed Services 

13 and the Committee on Oversight and Govern14 ment Reform of the House of Representatives. 

15 ‘‘(2) The term ‘agent of a State Coordinator’ 

16 means any individual to whom a State Coordinator 

17 formally delegates responsibilities for the duties of 

18 the State Coordinator to conduct inventories de19 scribed in subsection (g)(2). 

20 ‘‘(3) The term ‘State Coordinator’, with respect 

21 to a State, means the individual appointed by the 

22 governor of the State to maintain property account23 ability records and oversee property use by the 

24 State.’’. 


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1 (2) EFFECTIVE DATE.—The amendments made 

2 by this subsection shall take effect on the date of the 

3 enactment of this Act. 

4 (b) RETURN OF PROPERTY TO DEPARTMENT OF DE5 FENSE.—Not later than one year after the date of the en6 actment of this Act, each Federal or State agency to which 

7 property described by subsection (d) of section 2576a of 

8 title 10, United States Code (as added by subsection 

9 (a)(1) of this section), was transferred before the date of 

10 the enactment of this Act shall return such property to 

11 the Defense Logistics Agency on behalf of the Department 

12 of Defense. 

13 SEC. 3. USE OF DEPARTMENT OF HOMELAND SECURITY 

14 PREPAREDNESS GRANT FUNDS. 

15 (a) DEFINITIONS.—In this section— 

16 (1) the term ‘‘Agency’’ means the Federal 

17 Emergency Management Agency; and 

18 (2) the term ‘‘preparedness grant program’’ in19 cludes— 

20 (A) the Urban Area Security Initiative au21 thorized under section 2003 of the Homeland 

22 Security Act of 2002 (6 U.S.C. 604); 

23 (B) the State Homeland Security Grant 

24 Program authorized under section 2004 of the 

25 Homeland Security Act of 2002 (6 U.S.C. 605); 


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1 (C) the Port Security Grant Program au2 thorized under section 70107 of title 46, United 

3 States Code; and 

4 (D) any other non-disaster preparedness 

5 grant program of the Agency. 

6 (b) LIMITATION.—The Agency may not permit 

7 awards under a preparedness grant program— 

8 (1) to be used to buy, maintain, or alter— 

9 (A) explosive entry equipment; 

10 (B) head and face protection equipment, 

11 other than those to be used by certified bomb 

12 technicians; 

13 (C) canines (other than bomb-sniffing ca14 nines for agencies with certified bomb techni15 cians or for use in search and rescue oper16 ations); 

17 (D) tactical or armored vehicles; 

18 (E) long range hailing and warning de19 vices; 

20 (F) tactical entry equipment (other than 

21 for use by specialized teams such as Accredited 

22 Bomb Squads, Tactical Entry, or Special Weap23 ons and Tactics (SWAT) Teams); or 


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1 (G) firearms of .50 caliber or higher, am2 munition of .50 caliber or higher, grenade 

3 launchers, flash grenades, or bayonets; 

4 (2) to be used to buy, maintain, or alter body 

5 armor or ballistic helmets and shields unless the 

6 grantee certifies to the Agency that the equipment 

7 will not be used for riot suppression. 

8 (c) REVIEW OF PRIOR RECEIPT OF PROPERTY BE9 FORE AWARD.—In making an award under a prepared10 ness grant program, the Agency shall— 

11 (1) determine whether the awardee has already 

12 received, and still retains, property from the Depart13 ment of Defense pursuant to section 2576a of title 

14 10, United States Code, including through review of 

15 the website maintained by the Defense Logistics 

16 Agency pursuant to subsection (h) of such section 

17 (as added by section 2(a)(1) of this Act); 

18 (2) require that the award may not be used by 

19 the awardee to procure or obtain property deter20 mined to be retained by the awardee pursuant to 

21 paragraph (1); and 

22 (3) require that the award only be used to pro23 cure or obtain property in accordance with use re24 strictions contained within the Agency’s State and 


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1 Local Preparedness Grant Programs’ Authorized 

2 Equipment List. 

3 (d) USE OF GRANT PROGRAM FUNDS FOR REQUIRED

4 RETURN OF PROPERTY TO DOD.—Notwithstanding any 

5 other provision of law, the use of funds by a State or local 

6 agency to return to the Department of Defense property 

7 transferred to such State or local agency pursuant to sec8 tion 2676a of title 10, United States Code, as such return 

9 is required by section 2(b) of this Act, shall be an allow10 able use of preparedness grant program funds by such 

11 agency. 

12 (e) ACCOUNTABILITY MEASURES.— 

13 (1) AUDIT OF USE OF PREPAREDNESS GRANT

14 FUNDS.—Not later than one year after the date of 

15 the enactment of this Act, the Comptroller General 

16 of the United States shall conduct an audit covering 

17 the period of fiscal year 2010 through the current 

18 fiscal year on the use of preparedness grant program 

19 funds. The audit shall assess how funds have been 

20 used to procure equipment, how the equipment has 

21 been used, and whether the grant awards have 

22 furthered the Agency’s goal of improving the pre23 paredness of State and local communities. 

24 (2) ANNUAL ACCOUNTING OF USE OF AWARD

25 FUNDS.—Not later than one year after the date of 


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1 the enactment of this Act, the Agency shall develop 

2 and implement a system of accounting on an annual 

3 basis how preparedness grant program funds have 

4 been used to procure equipment, how the equipment 

5 has been used, whether grantees have complied with 

6 restrictions on the use of equipment contained with 

7 the Authorized Equipment List, and whether the 

8 awards have furthered the Agency’s goal of enhanc9 ing the capabilities of State agencies to prevent, 

10 deter, respond to, and recover from terrorist attacks, 

11 major disasters, and other emergencies. 

12 SEC. 4. USE OF EDWARD BYRNE MEMORIAL JUSTICE AS13 SISTANCE GRANT FUNDS. 

14 (a) LIMITATION.—Section 501(d) of title I of the 

15 Omnibus Crime Control and Safe Streets Act of 1968 (42 

16 U.S.C. 3751(d)) is amended by adding at the end the fol17 lowing: 

18 ‘‘(3) The purchase, maintenance, alteration, or 

19 operation of— 

20 ‘‘(A) lethal weapons; or 

21 ‘‘(B) less-lethal weapons.’’. 

22 (b) USE OF GRANT FUNDS FOR REQUIRED RETURN

23 OF PROPERTY TO DOD.—Notwithstanding any other pro24 vision of law, the use of funds by a State agency or unit 

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1 fense property transferred to such agency or unit of local 

2 government pursuant to section 2676a of title 10, United 

3 States Code, as such return is required by section 2(b) 

4 of this Act, shall be an allowable use of grant amounts 

5 under the Edward Byrne Memorial Justice Assistance 

6 Grant Program. 

7 SEC. 5. COMPTROLLER GENERAL REPORT. 

8 (a) IN GENERAL.—Not later than 90 days after the 

9 date of the enactment of this Act, and annually thereafter, 

10 the Comptroller General of the United States shall submit 

11 to Congress a report on Federal agencies, including offices 

12 of Inspector General for Federal agencies, that have spe13 cialized units that receive special tactical or military-style 

14 training or use hard-plated body armor, shields, or hel15 mets and that respond to high-risk situations that fall out16 side the capabilities of regular law enforcement officers, 

17 including any special weapons and tactics (SWAT) team, 

18 tactical response teams, special events teams, special re19 sponse teams, or active shooter teams. 

20 (b) ELEMENTS.—The report required under sub21 section (a) shall include the following elements: 

22 (1) A description of each specialized unit de23 scribed under such subsection. 

24 (2) A description of the training and weapons 

25 of each such unit. 


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1 (3) The criteria for activating each such unit 

2 and how often each such unit was activated for each 

3 year of the previous ten years. 

4 (4) An estimate of the annual cost of equipping 

5 and operating each such unit. 

6 (5) Any other information that is relevant to 

7 understanding the usefulness and justification for 

8 the units. 

Æ 


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