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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2326 Introduced in House (IH)]

114th CONGRESS
  1st Session
                                H. R. 2326

    To provide for oversight of, and place restrictions on, Federal 
      programs that provide equipment to law enforcement agencies.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2015

   Mr. Clay introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
 Homeland Security and Armed Services, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
    To provide for oversight of, and place restrictions on, Federal 
      programs that provide equipment to law enforcement agencies.

    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 ``Protecting Communities and Police 
Act of 2015''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Task force to assist Federal officials in determining 
                            appropriateness of items for use by law 
                            enforcement.
Sec. 5. Urban Area Secure Initiative grants and State Homeland Security 
                            Program grants.
Sec. 6. Modification of authority to transfer Department of Defense 
                            property for law enforcement activities.
Sec. 7. Edward Byrne Memorial Justice Assistance Grants.
Sec. 8. Department of Justice reports on SWAT teams.
Sec. 9. Federal Law Enforcement Training Center certification of 
                            instructors in training on use of force and 
                            special equipment.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) There is a lack of reliable data and information on the 
        amount and types of weapons and equipment that law enforcement 
        agencies purchase using Federal funding, and the use and 
        deployment of those weapons and equipment.
            (2) The Federal Government lacks reliable data and 
        information about the number, composition, and deployment of 
        Special Weapons and Tactics teams (referred to in this section 
        as ``SWAT teams'').
            (3) According to estimates, the percentage of small towns 
        in the United States that had SWAT teams grew from 20 percent 
        in the 1980s to 80 percent in the mid-2000s.
            (4) According to estimates, the number of SWAT team raids 
        per year grew from 3,000 in the 1980s to 45,000 in the mid-
        2000s.
            (5) The majority of SWAT team deployments are for the 
        purpose of executing a warrant.
            (6) In 2014, the Federal Government provided more than 
        $2,000,000,000 in grants and equipment to law enforcement 
        agencies.
            (7) In 2013 and 2014, the Department of Defense provided 
        excess Mine Resistant Ambush Protected vehicles (referred to in 
        this section as ``MRAPs'') to 624 local law enforcement 
        agencies for free.
            (8) MRAPs can weigh up to 17 tons and cost up to $600,000, 
        and are known to damage road surfaces due to their weight.
            (9) State and local governments that are responsible for 
        oversight of their law enforcement agencies are not always 
        aware of equipment and grant funding that the law enforcement 
        agencies obtain from the Federal Government.

SEC. 4. TASK FORCE TO ASSIST FEDERAL OFFICIALS IN DETERMINING 
              APPROPRIATENESS OF ITEMS FOR USE BY LAW ENFORCEMENT.

    (a) In General.--The Administrator of the Federal Emergency 
Management Agency, the Director of the Defense Logistics Agency, and 
the Attorney General shall jointly appoint a task force to assist each 
such official in discharging certain functions as required under--
            (1) section 2009 of the Homeland Security Act of 2002, as 
        added by section 5;
            (2) section 2576a of title 10, United States Code, as added 
        by section 6; and
            (3) section 509 of the Omnibus Crime Control and Safe 
        Streets Act of 1968, as added by section 7.
    (b) Members.--The task force appointed under this section shall 
include the following:
            (1) One representative from a law enforcement agency within 
        the Department of Homeland Security.
            (2) An individual appointed under section 2009(h)(2) of the 
        Homeland Security Act of 2002, as added by section 5.
            (3) In consultation with the Director of the Federal Bureau 
        of Investigation, 1 representative from the Federal Bureau of 
        Investigation or the FBI Academy.
            (4) An individual employed by the Defense Logistics Agency 
        pursuant to section 2576a(e)(2) of title 10, United States 
        Code, as added by section 6.
            (5) An individual appointed under section 509(h)(1)(B) of 
        the Omnibus Crime Control and Safe Streets Act of 1968, as 
        added by section 7.
            (6) One representative of each of the Fraternal Order of 
        Police, the National Tactical Officers Association, the 
        International Association of Bomb Technicians and 
        Investigators, the National Bomb Squad Commanders Advisory 
        Board, the Airborne Law Enforcement Association, the 
        International Association of Chiefs of Police, the National 
        Sheriffs Association, the National Governors Association, and 
        the United States Conference of Mayors.
            (7) An individual unaffiliated with an organization 
        specified in paragraph (6) who has a doctoral or masters degree 
        in criminology or criminal justice and a demonstrated expertise 
        in police tactics.
            (8) One or more individuals from an organization or 
        organizations whose mission is related to the protection of 
        civil rights and liberties, including the American Civil 
        Liberties Union, the Center for Constitutional Rights, the 
        Lawyers Committee for Civil Rights Under Law, the Leadership 
        Conference on Civil and Human Rights, the National Association 
        for the Advancement of Colored People, the NAACP Legal Defense 
        and Educational Fund, Inc., the National Urban League, and the 
        Rainbow PUSH Coalition, selected by the Administrator in 
        consultation with the head of such organization.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for the activities of the task force appointed under this 
section $1,000,000 for each of fiscal years 2015, 2016, and 2017.

SEC. 5. URBAN AREAS SECURITY INITIATIVE AND STATE HOMELAND SECURITY 
              GRANT PROGRAM.

    (a) In General.--Subtitle A of title XX of the Homeland Security 
Act of 2002 (6 U.S.C. 603 et seq.) is amended by adding at the end the 
following:

``SEC. 2009. USE OF FUNDS BY LAW ENFORCEMENT.

    ``(a) Definitions.--In this section--
            ``(1) the term `Authorized Equipment List' means the 
        Authorized Equipment List published by the Grant Programs 
        Directorate of the Federal Emergency Management Agency;
            ``(2) the term `covered funds' means funds awarded under 
        section 2003 or 2004;
            ``(3) the term `law enforcement agency'--
                    ``(A) means an agency or entity with law 
                enforcement officers--
                            ``(i) who have arrest and apprehension 
                        authority; and
                            ``(ii) whose primary function is to enforce 
                        the laws;
                    ``(B) includes a local educational agency with 
                officers described in subparagraph (A); and
                    ``(C) does not include a firefighting agency or 
                entity;
            ``(4) the term `law enforcement council' means a consortium 
        of law enforcement agencies operating in a partnership within a 
        region to promote and enhance public safety;
            ``(5) the term `law enforcement equipment list' means the 
        list of items designated by the Administrator under subsection 
        (b)(1)(B);
            ``(6) the term `local educational agency' has the meaning 
        given that term in section 8013(9) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7713(9));
            ``(7) the term `prohibited item' means an item that is not 
        on the law enforcement equipment list;
            ``(8) the term `restricted item' means--
                    ``(A) tactical law enforcement ballistic protection 
                equipment, including body armor, a ballistic helmet, a 
                ballistic shield, a battle dress uniform, or camouflage 
                uniforms or clothing;
                    ``(B) a remotely piloted aerial vehicle;
                    ``(C) a tactical military vehicle;
                    ``(D) facial recognition software;
                    ``(E) watercraft; or
                    ``(F) manned aircraft;
            ``(9) the term `SWAT team' means a Special Weapons and 
        Tactics team or other specialized tactical team composed of 
        sworn law enforcement officers; and
            ``(10) the term `tactical military vehicle' means an 
        armored vehicle having military characteristics resulting from 
        military research and development processes, designed primarily 
        for use by forces in the field in direct connection with, or 
        support of, combat or tactical operations.
    ``(b) Assessment of Authorized Equipment List; Designation of 
Approved Items.--
            ``(1) In general.--The Administrator shall, in consultation 
        with the task force appointed under section 4 of the Protecting 
        Communities and Police Act of 2015--
                    ``(A) as soon as practicable after the date of 
                enactment of the Protecting Communities and Police Act 
                of 2015, assess the appropriateness of items on the 
                Authorized Equipment List for use by law enforcement 
                agencies in counterterrorism activities;
                    ``(B) not later than 3 years after the date of 
                enactment of the Protecting Communities and Police Act 
                of 2015, based on the assessment conducted under 
                subparagraph (A) and in accordance with the procedures 
                required under paragraph (2), designate a list of 
                items, which may include restricted items, that may be 
                purchased using covered funds for use by a law 
                enforcement agency; and
                    ``(C) not less frequently than once every 5 years, 
                review and revise, as appropriate, the list of items 
                designated under subparagraph (B).
            ``(2) Publication.--The Administrator shall publish the law 
        enforcement equipment list on the website of the Department and 
        in the Federal Register.
            ``(3) Prohibited items.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a law enforcement agency may not--
                            ``(i) use covered funds to purchase a 
                        prohibited item; or
                            ``(ii) receive a prohibited item that was 
                        purchased using covered funds.
                    ``(B) Exception for threats to national security.--
                A law enforcement agency may purchase a prohibited item 
                using covered funds, or receive a prohibited item that 
                was purchased using covered funds, if--
                            ``(i) the Administrator determines that the 
                        prohibited item will be useful in preventing or 
                        mitigating damage resulting from a threat to 
                        national security;
                            ``(ii) the law enforcement agency has in 
                        place an agreement with the National Guard of 
                        the State in which the law enforcement agency 
                        is located for the storage of the prohibited 
                        item at a National Guard site; and
                            ``(iii) the law enforcement agency provides 
                        a copy of the agreement described in clause 
                        (ii) to the Administrator.
            ``(4) Reports to congress on expected publication of final 
        law enforcement equipment list.--Beginning in the third full 
        fiscal year after the date of enactment of the Protecting 
        Communities and Police Act of 2015, the Administrator shall 
        submit to Congress a monthly report on the expected date of 
        publication of the final law enforcement equipment list.
            ``(5) Authority to make grants contingent on publication of 
        final list.--Beginning in the fifth full fiscal year after the 
        date of enactment of the Protecting Communities and Police Act 
        of 2015, the Administrator shall withhold from a grant awarded 
        under section 2003 or 2004 any amounts that are intended for 
        use by a law enforcement agency unless the Administrator has 
        published a final law enforcement equipment list.
    ``(c) Other Restrictions and Limitations on Use of Covered Funds.--
            ``(1) Restricted items purchased using covered funds.--
                    ``(A) Requirements.--A law enforcement agency may 
                not receive or use covered funds for the purchase of a 
                restricted item, or receive a restricted item purchased 
                using covered funds, unless the law enforcement 
                agency--
                            ``(i) except as provided in subparagraph 
                        (B), publishes a needs justification 
                        statement--
                                    ``(I) that, except as provided in 
                                subclause (II), includes the 
                                information required under subparagraph 
                                (D) if that information is not 
                                otherwise publicly available; and
                                    ``(II) from which the law 
                                enforcement agency may redact--
                                            ``(aa) the information 
                                        required under clause (x) or 
                                        (xi) of subparagraph (D); and
                                            ``(bb) with respect to the 
                                        training records required under 
                                        clause (vi), any personally 
                                        identifiable information and 
                                        all but the title and subject 
                                        of such training;
                            ``(ii) obtains the approval of the head of 
                        the State, political subdivision of a State, or 
                        Indian tribe of which the law enforcement 
                        agency is an agency to obtain the restricted 
                        items; and
                            ``(iii) submits the needs justification 
                        statement, including all information required 
                        under subparagraph (D), to the State, high-risk 
                        urban area, or directly eligible tribe from 
                        which the law enforcement agency is to receive 
                        the covered funds or restricted item.
                    ``(B) Ongoing operations.--The requirements under 
                subparagraph (A) shall not apply to a law enforcement 
                agency that obtains a restricted item that was 
                purchased using covered funds to be used in an active, 
                ongoing counterterrorism operation.
                    ``(C) Notification to administrator regarding 
                approval of certain applications.--If an official other 
                than the Administrator approves an application for a 
                grant under section 2003 or 2004 that proposes to use 
                funds for the purchase of a restricted item, the 
                official shall notify the Administrator of the approval 
                before distributing those funds.
                    ``(D) Needs justification statements.--A needs 
                justification statement of a law enforcement agency 
                shall include the following:
                            ``(i) The type and number of restricted 
                        items proposed to be purchased on behalf of, or 
                        distributed to, the law enforcement agency.
                            ``(ii) The number of sworn law enforcement 
                        officers of the law enforcement agency.
                            ``(iii) The number, if any, of items 
                        similar to the restricted item that the law 
                        enforcement agency has in good working 
                        condition.
                            ``(iv) The number and type of items, if 
                        any, that the law enforcement agency has that 
                        were--
                                    ``(I) transferred to the law 
                                enforcement agency under section 2576a 
                                of title 10, United States Code; or
                                    ``(II) purchased using funds from 
                                the Edward Byrne Memorial Justice 
                                Assistance Grant Program under subpart 
                                1 of part E of title I of the Omnibus 
                                Crime Control and Safe Streets Act of 
                                1968 (42 U.S.C. 3750 et seq.) during 
                                the 5-year period preceding the date on 
                                which the statement is published.
                            ``(v) The use of force policy of the law 
                        enforcement agency.
                            ``(vi) Whether the law enforcement agency 
                        intends for a SWAT team to use the restricted 
                        item, and, if so, the training records of the 
                        SWAT team, including the course outlines of 
                        such training.
                            ``(vii) Whether the law enforcement agency 
                        has or plans to adopt a memorandum of 
                        understanding or other joint use agreement for 
                        the shared use of the restricted item with any 
                        other law enforcement agency.
                            ``(viii) The capability gap to be filled by 
                        the restricted item, and a description of the 
                        proposed use of the restricted item by the law 
                        enforcement agency.
                            ``(ix) Whether a consent decree is in 
                        effect between the United States and the law 
                        enforcement agency relating to civil rights 
                        abuses or excessive use of force.
                            ``(x) Whether the law enforcement agency is 
                        currently under investigation, or has been 
                        under investigation during the preceding 10 
                        years, by the Department of Justice, an 
                        inspector general, or any equivalent State or 
                        local entity for civil rights abuses or 
                        excessive use of force.
                            ``(xi) Whether the head of the law 
                        enforcement agency has ever been determined by 
                        the Department of Justice, an inspector 
                        general, or any equivalent State or local 
                        entity to have engaged in civil rights abuses 
                        or excessive use of force, if such information 
                        is publicly available.
                            ``(xii)(I) Whether the law enforcement 
                        agency requested funds from a regional, State, 
                        or local political entity to purchase the 
                        requested item;
                            ``(II) if the law enforcement agency 
                        requested funds from a regional, State, or 
                        local political entity and the request was 
                        denied, a statement of the reason or reasons 
                        for the denial; and
                            ``(III) if the law enforcement agency did 
                        not request funds from a regional, State, or 
                        local political entity, a statement explaining 
                        why the law enforcement agency did not do so.
                            ``(xiii) A certification that any item on 
                        the law enforcement equipment list purchased 
                        using covered funds has not been, and will not 
                        be, used by a SWAT team of the law enforcement 
                        agency engaging in routine patrol-related 
                        incidents, non-tactical incidents, or non-
                        tactical assignments.
                            ``(xiv) Any other information on the recent 
                        record of the law enforcement agency regarding 
                        civil rights and the excessive use of force 
                        that the Administrator determines appropriate.
            ``(2) Restrictions on small agencies.--
                    ``(A) Tactical military vehicles.--A law 
                enforcement agency with 10 or fewer sworn law 
                enforcement officers--
                            ``(i) that has 1 or more functioning 
                        tactical military vehicles may not--
                                    ``(I) use covered funds for the 
                                purchase of a tactical military 
                                vehicle; or
                                    ``(II) receive a tactical military 
                                vehicle purchased using covered funds;
                            ``(ii) that does not have a functioning 
                        tactical military vehicle may--
                                    ``(I) use covered funds for the 
                                purchase of not more than 1 tactical 
                                military vehicle; or
                                    ``(II) receive not more than 1 
                                tactical military vehicle purchased 
                                using covered funds; or
                            ``(iii) that is the designated procurement 
                        agency for a multi-jurisdictional joint-use 
                        agreement may use covered funds for the 
                        purchase of more than 1 tactical military 
                        vehicle, or receive more than 1 tactical 
                        military vehicle purchased using covered funds, 
                        if agency purchases or receives not more than 1 
                        tactical military vehicle for every 10 sworn 
                        law enforcement officers covered by the joint-
                        use agreement.
                    ``(B) Limitation on use of covered funds by small 
                swat teams.--A law enforcement agency may not use 
                covered funds to purchase a restricted item, or receive 
                a restricted item purchased using covered funds, for 
                use by a SWAT team--
                            ``(i) composed of fewer than 17 sworn law 
                        enforcement officers;
                            ``(ii) composed entirely of members from a 
                        single law enforcement agency that has fewer 
                        than 35 sworn law enforcement officers;
                            ``(iii) composed of members from 2 or more 
                        law enforcement agencies that have, in 
                        aggregate, fewer than 35 sworn law enforcement 
                        officers; or
                            ``(iv) in a routine patrol-related 
                        incident, non-tactical incident, or non-
                        tactical assignment.
            ``(3) Transportation costs.--Covered funds may not be used 
        to pay the cost of transporting an eligible defense item 
        transferred to a law enforcement agency under section 2576a of 
        title 10, United States Code.
            ``(4) Agencies under consent decrees or civil rights 
        investigations.--A law enforcement agency for which a consent 
        decree is in effect between the United States and the law 
        enforcement agency, or that is under investigation by the 
        Department of Justice, relating to civil rights abuses or 
        excessive use of force may not--
                    ``(A) use covered funds to purchase a restricted 
                item; or
                    ``(B) receive a restricted item that was purchased 
                using covered funds.
    ``(d) Training and Certification.--
            ``(1) State certification of law enforcement instructors on 
        law enforcement tactics and the use of restricted items.--
                    ``(A) In general.--On and after the date that is 3 
                years after the date of enactment of the Protecting 
                Communities and Police Act of 2015, a State, any 
                jurisdiction within the State, and any directly 
                eligible tribe any part of which is located within the 
                State, may not receive covered funds for use by a law 
                enforcement agency to purchase a restricted item unless 
                the Governor or highest official of the State certifies 
                to the Administrator that the State conducts a program 
                for certifying law enforcement instructors in the 
                provision of training on law enforcement tactics and 
                investigations that meets the requirements under 
                subparagraph (B).
                    ``(B) Program requirements.--The requirements for a 
                program described in subparagraph (A) are the 
                following:
                            ``(i) The program shall include instruction 
                        in training on the following:
                                    ``(I) The use of force by law 
                                enforcement officers in the ordinary 
                                course of their duties.
                                    ``(II) The use of restricted items 
                                by law enforcement officers in the 
                                ordinary course of their duties.
                                    ``(III) The use of restricted items 
                                by SWAT teams.
                                    ``(IV) The appropriate deployment 
                                of SWAT teams.
                                    ``(V) Civil rights and civil 
                                liberties.
                                    ``(VI) Any other matters on the 
                                training of law enforcement officers 
                                that the head of the State law 
                                enforcement agency considers 
                                appropriate.
                            ``(ii) A list of the instructors who are 
                        certified pursuant to the program or pursuant 
                        to the program conducted by the Secretary under 
                        section 2010 shall be maintained and published.
                    ``(C) Discharge through existing programs.--A State 
                may satisfy the requirement under subparagraph (A) 
                using a program in effect on the date that is 3 years 
                after the date of the enactment of the Protecting 
                Communities and Police Act of 2015 if such program 
                satisfies the requirements in subparagraph (B).
            ``(2) Minimum annual training requirements.--
                    ``(A) Establishment.--On and after the date that is 
                3 years after the date of enactment of the Protecting 
                Communities and Police Act of 2015, a State, any 
                jurisdiction within the State, and any directly 
                eligible tribe any part of which is located within the 
                State, may not receive covered funds, or equipment 
                purchased using covered funds, unless the State 
                establishes minimum annual training requirements for 
                all sworn law enforcement officers in the State, 
                including--
                            ``(i) specialized leadership training 
                        requirements for heads of law enforcement 
                        agencies who have--
                                    ``(I) decisionmaking authority on 
                                the deployment of SWAT teams and 
                                tactical military vehicles; or
                                    ``(II) responsibility for drafting 
                                policies on the use of force and SWAT 
                                team deployment;
                            ``(ii) specialized SWAT team training 
                        requirements for all SWAT team members in law 
                        enforcement tactics used in tactical 
                        operations;
                            ``(iii) training in the appropriate use and 
                        deployment of tactical military vehicles; and
                            ``(iv) not less than 1 training session on 
                        sensitivity, including training on ethnic and 
                        racial bias, cultural diversity, and law 
                        enforcement interaction with disabled 
                        individuals, mentally ill individuals, and new 
                        immigrants.
                    ``(B) Federally certified or state-certified 
                instructors.--The training requirements established by 
                a State under subparagraph (A) may only be satisfied 
                through training conducted by an instructor certified 
                under--
                            ``(i) the program conducted by the 
                        Secretary under section 2010; or
                            ``(ii) a program conducted by a State under 
                        paragraph (1).
                    ``(C) Certification of completed training.--On and 
                after the date that is 1 year after the date on which a 
                program is established under paragraph (1), a law 
                enforcement agency may not directly or indirectly 
                receive covered funds, or receive equipment purchased 
                using covered funds, unless the law enforcement agency 
                certifies to the entity from which the law enforcement 
                agency is seeking funds or equipment that, during the 
                preceding year, each sworn law enforcement officer 
                employed by the law enforcement agency met all 
                applicable minimum annual training requirements 
                established by the State in which the law enforcement 
                agency is located under subparagraph (A) of this 
                paragraph, including specialized SWAT team training 
                requirements.
                    ``(D) False certification.--The Administrator shall 
                suspend or terminate the eligibility of a law 
                enforcement agency to directly or indirectly receive 
                covered funds, or receive equipment purchased using 
                covered funds, if the law enforcement agency 
                intentionally submits a false certification under 
                subparagraph (C) that a law enforcement officer met the 
                minimum annual training requirements established by the 
                State in which the agency is located under subparagraph 
                (A).
                    ``(E) Satisfaction by recent hirees.--The 
                requirements under subparagraph (A) shall provide for 
                the first completion of the training concerned by an 
                individual who becomes an officer in a law enforcement 
                agency or a member of a SWAT team by not later than 1 
                year after the date on which the individual becomes an 
                officer in the law enforcement agency or a member of a 
                SWAT team, as applicable.
    ``(e) Reporting Requirements.--
            ``(1) Annual reports by administrator.--The Administrator 
        shall make public and submit to Congress and the Attorney 
        General--
                    ``(A) an annual report on the purchase by law 
                enforcement agencies of restricted items purchased 
                using covered funds; and
                    ``(B) an annual report on the purchase and use by 
                law enforcement agencies of tactical military vehicles 
                and remotely piloted aerial vehicles purchased using 
                covered funds.
            ``(2) Grant applicants and recipients.--
                    ``(A) List of equipment purchased.--As a condition 
                of receiving a grant under section 2003 or 2004, a 
                State, high-risk urban area, or directly eligible tribe 
                shall submit to the Administrator, as part of the 
                report submitted under section 2022(b)(1)(A) relating 
                to the last quarter of any fiscal year, a description 
                of the quantity and specific type of equipment 
                purchased by the recipient and any subgrantee of the 
                recipient using covered funds.
                    ``(B) Agencies with special equipment.--As a 
                condition of receiving a grant under section 2003 or 
                2004, a State, high-risk urban area, or directly 
                eligible tribe shall submit to the Administrator a 
                report that describes, for each law enforcement agency 
                that purchased a restricted item using covered funds 
                made available by the State, high-risk urban area, or 
                directly eligible tribe, or received a restricted item 
                that the State, high-risk urban area, or directly 
                eligible tribe purchased using covered funds--
                            ``(i) the needs justification statement 
                        that the law enforcement agency submitted to 
                        the State, high-risk urban area, or directly 
                        eligible tribe with respect to the restricted 
                        item under subsection (c)(1)(A)(iii); and
                            ``(ii) the number and types of restricted 
                        items that the law enforcement agency purchased 
                        or received.
                    ``(C) SWAT team deployment records.--A law 
                enforcement agency that uses covered funds to purchase 
                a tactical military vehicle, or receives a tactical 
                military vehicle purchased using covered funds, for use 
                by a SWAT team shall maintain a record of each 
                deployment of the tactical military vehicle by the SWAT 
                team, which shall include--
                            ``(i) the type of police activity for which 
                        the tactical military vehicle is deployed;
                            ``(ii) the rationale for the deployment;
                            ``(iii) the nexus between--
                                    ``(I) the use of force policy and 
                                SWAT team policy of the law enforcement 
                                agency, if applicable; and
                                    ``(II) the police activity for 
                                which the tactical military vehicle is 
                                deployed; and
                            ``(iv) a description, written after the 
                        deployment, of whether force or weapons were 
                        used by or against the law enforcement officers 
                        deploying the tactical military vehicle.
    ``(f) Whistleblower and Independent Oversight Requirements.--
            ``(1) Whistleblower requirements.--On or after the date 
        that is 3 years after the date of enactment of the Protecting 
        Communities and Police Act of 2015, a State, any jurisdiction 
        within the State, and any directly eligible tribe any part of 
        which is located within the State, may not directly or 
        indirectly receive covered funds for the purchase of a 
        restricted item unless the Governor or highest officer of the 
        State certifies to the Administrator that the State--
                    ``(A) has in place--
                            ``(i) a program, including a public 
                        complaint hotline, that provides individuals 
                        the ability to disclose any--
                                    ``(I) misuse of equipment purchased 
                                using covered funds; or
                                    ``(II) other waste, fraud, or abuse 
                                in connection with the use of covered 
                                funds; and
                            ``(ii) mechanisms (commonly referred to as 
                        `whistleblower protections') to protect 
                        individuals who make a disclosure described in 
                        clause (i) from retaliatory or other adverse 
                        personnel actions in connection with such 
                        disclosures; and
                    ``(B) publicizes the existence of the program and 
                whistleblower protections described in subparagraph 
                (A).
            ``(2) Certification of oversight and accountability.--
                    ``(A) Certification required.--A law enforcement 
                agency may not receive a restricted item purchased 
                using covered funds, or directly or indirectly receive 
                covered funds to purchase a restricted item, unless the 
                head of the law enforcement agency submits to the 
                Administrator a written certification (in the form of a 
                memorandum of understanding, memorandum of agreement, 
                or letterhead correspondence) that an entity that does 
                not report to the head of the law enforcement agency is 
                authorized--
                            ``(i) to receive any complaints regarding 
                        the use of any equipment and funds of the law 
                        enforcement agency;
                            ``(ii) to periodically review and assess 
                        the use of such equipment and funds by the law 
                        enforcement agency; and
                            ``(iii) to make recommendations to the law 
                        enforcement agency regarding the use of such 
                        equipment and funds by the law enforcement 
                        agency that are either--
                                    ``(I) non-binding in character; or
                                    ``(II) binding in character, if 
                                authorized by--
                                            ``(aa) a law or ordinance 
                                        governing the law enforcement 
                                        agency or the entity; or
                                            ``(bb) an agreement between 
                                        the law enforcement agency and 
                                        organizations representing law 
                                        enforcement officers of the law 
                                        enforcement agency.
                    ``(B) Discharge through existing entities.--A law 
                enforcement agency may satisfy the requirement in 
                subparagraph (A) through an entity that exists as of 
                the date of the enactment of the Protecting Communities 
                and Police Act of 2015, including an independent review 
                board, a Federal, State, or local inspector general, a 
                Federal, State, county, or city attorney general, a 
                district attorney, the Federal Bureau of Investigation 
                or another Federal agency, a State agency, a State or 
                local governing body (such as a city council or county 
                commission), a law enforcement council, or an 
                independent entity established by one or more such 
                officials, agencies, or entities on behalf of one or 
                more law enforcement agencies.
    ``(g) Suspension and Termination.--
            ``(1) For lost or stolen items.--As a condition of 
        receiving a grant under section 2003 or 2004, a State, high-
        risk urban area, or directly eligible tribe shall implement 
        procedures under which, if a restricted item that was purchased 
        using covered funds and is in the possession of a law 
        enforcement agency is lost, stolen, or misappropriated--
                    ``(A) on the first occurrence, and after the law 
                enforcement agency is provided with notice and the 
                opportunity to contest the allegation, the eligibility 
                of the law enforcement agency to receive covered funds 
                to purchase a restricted item, or to receive a 
                restricted item purchased using covered funds, shall be 
                suspended for a period of not less than 6 months; and
                    ``(B) on the subsequent occurrence, and after the 
                law enforcement agency is provided with notice and the 
                opportunity to contest the allegation, the eligibility 
                of the law enforcement agency to receive covered funds 
                or receive a restricted item purchased using covered 
                funds shall be suspended for a period of not less than 
                5 years.
            ``(2) Intentional falsification of information.--As a 
        condition of receiving a grant under section 2003 or 2004, a 
        State, high-risk urban area, or directly eligible tribe shall 
        implement procedures under which the eligibility of a law 
        enforcement agency to receive covered funds, or to receive a 
        restricted item purchased using covered funds, shall, if the 
        law enforcement agency is determined to have intentionally 
        falsified any information relating to the purchase or receipt 
        of a restricted item, and after the law enforcement agency is 
        provided with notice and the opportunity to contest the 
        allegation, be suspended for a period of not less than 5 years.
            ``(3) Disclosure to administrator.--Each State, high-risk 
        urban area, or directly eligible tribe that receives a grant 
        under section 2003 or 2004 shall submit to the Administrator an 
        annual report that describes each law enforcement agency that 
        is ineligible, due to a suspension or termination under 
        paragraph (1) or (2), to receive covered funds to purchase a 
        restricted item, or to receive a restricted item purchased 
        using covered funds.
    ``(h) Law Enforcement Expertise.--
            ``(1) Definition.--In this subsection, the term `covered 
        grant application' means a grant application under section 2003 
        or 2004 that proposes to--
                    ``(A) use funds for the purchase of a restricted 
                item for use by a law enforcement agency; or
                    ``(B) provide funds to a law enforcement agency for 
                the purchase of a restricted item.
            ``(2) Appointment.--The Administrator shall appoint 
        individuals with expertise in State, county, or local law 
        enforcement agency functions to assist the Administrator in--
                    ``(A) determining which items are appropriate for 
                inclusion on the law enforcement equipment list; and
                    ``(B) assessing covered grant applications.
            ``(3) Number of individuals.--The Administrator shall 
        appoint as many individuals under paragraph (2) as necessary to 
        ensure that--
                    ``(A) not less that 1 such individual assesses each 
                covered grant application; and
                    ``(B) the involvement of such individuals in the 
                process of assessing covered grant applications does 
                not substantially delay the process.
            ``(4) Managerial experience preferred.--In appointing 
        individuals under paragraph (2), the Administrator shall give 
        preference to individuals with law enforcement managerial 
        experience.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-96; 
116 Stat. 2135) is amended by inserting after the item relating to 
section 2008 the following:

``Sec. 2009. Use of funds by law enforcement.''.

SEC. 6. MODIFICATION OF AUTHORITY TO TRANSFER DEPARTMENT OF DEFENSE 
              PROPERTY FOR LAW ENFORCEMENT ACTIVITIES.

    (a) Restatement and Modification of Current Authority for Transfer 
for State and Local Law Enforcement Activities.--Section 2576a of title 
10, United States Code, is amended to read as follows:
``Sec. 2576a. Excess personal property: sale or donation of certain 
              controlled defense items for State or local law 
              enforcement activities
    ``(a) Transfer Authorized.--Notwithstanding any other provision of 
law and subject to the provisions of this section, the Secretary of 
Defense may transfer to State and local law enforcement agencies for 
law enforcement activities controlled defense items of the Department 
of Defense, including small arms and ammunition, that are determined in 
accordance with subsection (f) to be eligible defense items for 
purposes of this section.
    ``(b) No Transfer of Items Requested by Federal Agencies.--An item 
may not be transferred under this section if requested for transfer by 
a Federal agency under section 2576b of this title.
    ``(c) Conditions for Transfer.--The Secretary of Defense may 
transfer items under this section only if--
            ``(1) the items are drawn from existing stocks of the 
        Department of Defense;
            ``(2) the recipient accepts the items on an as-is, where-is 
        basis;
            ``(3) the transfer is made without the expenditure of any 
        funds available to the Department of Defense for the 
        procurement of defense equipment;
            ``(4) all costs incurred subsequent to the transfer of the 
        items are borne or reimbursed by the recipient; and
            ``(5) the recipient agrees to comply with any inventory, 
        accountability, reporting, and disposal requirements prescribed 
        in the regulations for purposes of this section under 
        subsection (g).
    ``(d) Consideration.--Subject to subsection (c)(4), the Secretary 
of Defense may transfer items under this section without charge to the 
recipient agency.
    ``(e) Assistance for Director of DLA in Discharge of Certain 
Function by Experts in Law Enforcement Activities.--
            ``(1) In general.--The Director of the Defense Logistics 
        Agency shall employ in the Defense Logistics Agency individuals 
        with expertise in law enforcement to assist the Director in the 
        discharge of the functions specified in paragraph (2). The 
        Director shall ensure that the number of individuals so 
        employed is sufficient to ensure the timely assessment of 
        applications described in paragraph (2)(A) in order to ensure 
        that no delay occurs in the transfer of eligible defense items 
        under this section by reason of such assessments. The Director 
        shall accord a preference in the employment under this 
        paragraph of individuals with experience in law enforcement 
        management.
            ``(2) Functions.--Individuals employed under this 
        subsection shall assist the Director in the following:
                    ``(A) The assessment of applications of State and 
                local law enforcement agencies for the transfer of 
                eligible defense items in accordance with subsection 
                (j)(3).
                    ``(B) The determination whether controlled defense 
                items that are not eligible for treatment as eligible 
                defense items under this section will be useful in 
                preventing or mitigating damage resulting from an 
                actionable threat to national security for purposes of 
                subsection (h)(1).
    ``(f) Determination and Notice to Public on Eligible Defense 
Items.--
            ``(1) Controlled defense items appropriate for treatment as 
        eligible defense items.--The Secretary of Defense shall, acting 
        through the Director of the Defense Logistics Agency, maintain, 
        and periodically update, a list of current controlled defense 
        items that are appropriate for treatment as eligible defense 
        items for purposes of this section.
            ``(2) Determination of controlled defense items as eligible 
        defense items.--The Director shall, in consultation with the 
        task force appointed pursuant to section 4 of the Protecting 
        Communities and Police Act of 2015 and in accordance with the 
        regulations for purposes of this section under subsection (g), 
        identify controlled defense items that are appropriate for 
        treatment as eligible defense items for purposes of this 
        section by identifying controlled defense items that--
                    ``(A) can be readily put to civilian use by State 
                and local law enforcement agencies; and
                    ``(B) are suitable for transfer to State and local 
                law enforcement agencies pursuant to this section.
            ``(3) Availability to public of eligible defense items 
        list.--Upon a determination pursuant to paragraph (2) of 
        controlled defense items to be treated as eligible defense 
        items for purposes of this section, the Director shall make 
        available to the public, on an Internet website of the 
        Department of Defense available to the public, a list of all 
        controlled defense items currently treated as eligible defense 
        items for purposes of this section. The Internet website may be 
        a current website of the Department or a website of the 
        Department established and maintained for purposes of this 
        section.
    ``(g) Requirements and Limitations on Determinations of Controlled 
Defense Items as Eligible Defense Items.--
            ``(1) Regulations.--
                    ``(A) Regulations required.--The determination 
                under subsection (f)(2) whether a controlled defense 
                item is an eligible defense item for purposes of this 
                section shall be made in accordance with criteria and 
                requirements set forth in regulations prescribed by the 
                Director of the Defense Logistics Agency, in 
                consultation with the task force appointed pursuant to 
                section 4 of the Protecting Communities and Police Act 
                of 2015. Public notice and comment shall not be 
                required in connection with any such determination 
                unless otherwise required by such regulations.
                    ``(B) Periodic review required.--The Director 
                shall, in consultation with the task force, review and 
                revise the regulations for purposes of this section not 
                less often than once every five years.
                    ``(C) Manner of prescription.--In prescribing or 
                revising regulations under this paragraph, the Director 
                shall publish a written statement from the task force 
                on the extent of its approval of such regulations as so 
                prescribed or revised.
                    ``(D) Technological advances.--The Director may, in 
                consultation with the task force, update the 
                regulations for purposes of this section without regard 
                to formal rulemaking requirements if necessary to 
                respond to technological advances and the development 
                of new models of items on the list of controlled 
                defense items determined by the Director under 
                subsection (f)(2) to be eligible defense items for 
                purposes of this section. In so updating the 
                regulations, the Director shall publish a written 
                statement on the extent of the approval of the task 
                force of the regulations as so revised.
            ``(2) Authorized elements.--The regulations for purposes of 
        this section may include the following:
                    ``(A) Tiers of eligibility of State or local law 
                enforcement agencies for transfers of eligible defense 
                items based on types of items, need of law enforcement 
                agencies for particular items, size and capabilities of 
                law enforcement agencies, or such other factors as the 
                Director, in consultation with the task force referred 
                to in paragraph (1)(B), may specify in the regulations.
                    ``(B) Restrictions on the numbers or types of 
                eligible defense items that may be transferred to a 
                particular State or local law enforcement agency, 
                within a particular period of time, to law enforcement 
                agencies in a particular region, or such other factors 
                as the Director, in consultation with the task force, 
                may specify in regulations.
                    ``(C) Restrictions on the use of particular 
                eligible defense items by State or local law 
                enforcement agencies based on size, capability, or such 
                other factors the Director, in consultation with the 
                task force, may specify in the regulations.
                    ``(D) Such inventory, accountability, reporting, 
                and disposal requirements regarding eligible defense 
                items transferred under this section as the Director, 
                in consultation with the task force, considers 
                appropriate.
                    ``(E) Requirements for memoranda of understanding 
                or other appropriate agreements in the case of joint 
                use of eligible defense items transferred under this 
                section by more than one State or local law enforcement 
                agency.
            ``(3) Prohibition on treatment of certain items as eligible 
        defense items.--The regulations for purposes of this section 
        shall prohibit the treatment as eligible defense items for 
        purposes of this section of the following:
                    ``(A) Mine Resistant Ambush Protected (MRAP) 
                vehicles.
                    ``(B) Remotely piloted aircraft that are armored, 
                weaponized, or both.
                    ``(C) Aircraft that are combat configured or combat 
                coded or have no established commercial flight 
                application.
                    ``(D) Bayonets.
                    ``(E) Tasers developed primarily for use by the 
                military.
                    ``(F) Any controlled defense item that cannot be 
                purchased by State or local law enforcement agencies in 
                the private sector.
                    ``(G) Any other controlled defense item determined 
                by the Director to be unsuitable for use by State or 
                local law enforcement agencies.
            ``(4) Approval required before transfer of certain items.--
                    ``(A) In general.--If any item specified in 
                subparagraph (B) is an eligible defense item for 
                purposes of this section, such item may not be 
                transferred under this section without the approval of 
                the Director, in consultation with an individual 
                employed pursuant to subsection (e).
                    ``(B) Items.--The items specified in this 
                subparagraph are the following:
                            ``(i) Weapons over .50 caliber.
                            ``(ii) Grenades, flash bang grenades, 
                        grenade launchers, and grenade launcher 
                        attachments.
                            ``(iii) Tactical military vehicles.
            ``(5) Limitations on transfer of tactical military vehicles 
        to small law enforcement agencies.--The regulations for 
        purposes of this section shall limit the transfer of tactical 
        military vehicles to a State or local law enforcement agency 
        with 10 or fewer sworn law enforcement officers as follows:
                    ``(A) If the law enforcement agency has one or more 
                functioning tactical military vehicles, a tactical 
                military vehicle may not be transferred to the agency.
                    ``(B) If the law enforcement agency does not have a 
                functioning tactical military vehicle, not more than 
                one tactical military vehicle may be transferred to the 
                agency.
                    ``(C) If the law enforcement agency is the 
                designated procurement agency for a multi-
                jurisdictional joint-use agreement, not more than 1 
                tactical military vehicle may be transferred to the 
                agency for every 10 sworn law enforcement officers 
                covered by the joint-use agreement.
            ``(6) Limitation on transfer of camouflage uniforms or 
        clothing.--The regulations for purposes of this section shall 
        prohibit the transfer of camouflage uniforms or clothing to a 
        State or law enforcement agency unless the law enforcement 
        agency certifies that its geographic area of jurisdiction 
        contains environments that may require the use of camouflage 
        uniforms or clothing.
            ``(7) Prohibitions on transfer of items for use by small 
        swat teams.--The regulations for purposes of this section shall 
        prohibit the transfer of eligible defense items under this 
        section for use by any SWAT team as follows:
                    ``(A) A SWAT team composed of fewer than 17 sworn 
                law enforcement officers.
                    ``(B) A SWAT team composed entirely of members from 
                a single State or local law enforcement agency that has 
                fewer than 35 sworn law enforcement officers.
                    ``(C) A SWAT team composed of members from 2 or 
                more State or local law enforcement agencies which 
                agencies have, in aggregate, fewer than 35 sworn law 
                enforcement officers.
            ``(8) Prohibition on transfer of certain items to law 
        enforcement agencies under consent decrees.--
                    ``(A) In general.--The regulations for purposes of 
                this section shall prohibit the transfer of items 
                specified in subparagraph (B) to a State or local law 
                enforcement agency for which a consent decree is in 
                effect between the United States and the law 
                enforcement agency, or that is under investigation by 
                the Department of Justice, relating to civil rights 
                abuses or excessive use of force
                    ``(B) Items.--The items specified in this 
                subparagraph are the following:
                            ``(i) Weapons.
                            ``(ii) Tactical military vehicles.
            ``(9) Transfer to local education agencies.--
                    ``(A) Prohibition on transfer.--The regulations for 
                purposes of this section shall prohibit the transfer of 
                eligible defense items to any local educational agency 
                or law enforcement agency affiliated with a local 
                educational agency as follows:
                            ``(i) A local educational agency that is 
                        served by a State or local law enforcement 
                        agency that--
                                    ``(I) is unaffiliated with the 
                                local educational agency; and
                                    ``(II) has items or equipment 
                                identical or similar to the eligible 
                                defense items otherwise to be 
                                transferred.
                            ``(ii) A local educational agency that is 
                        served by one or more State or local law 
                        enforcement agencies that are unaffiliated with 
                        the local educational agency if no such serving 
                        agency will agree to store and maintain the 
                        eligible defense items for the local 
                        educational agency.
                    ``(B) Limitation on use of funds.--The regulations 
                for purposes of this section shall provide that a local 
                educational agency transferred an eligible defense item 
                under this section may not use funds of the local 
                educational agency--
                            ``(i) to transport the item to the district 
                        of the local educational agency; or
                            ``(ii) to maintain the item.
            ``(10) Prohibition on requirement for timely use of 
        transferred items.--The regulations for purposes of this 
        section may not require the use of an eligible defense item 
        transferred under this section within one year of the receipt 
        of the item by the State or local law enforcement agency 
        concerned.
    ``(h) National Security Exception for Transfer of Certain 
Controlled Defense Items Not Treatable as Eligible Defense Items.--
            ``(1) Threats to national security.--The regulations for 
        purposes of this section under subsection (g) shall permit the 
        transfer of a controlled defense item that is not treated as an 
        eligible defense item for purposes of this section if--
                    ``(A) there is an actionable threat to national 
                security; and
                    ``(B) the Director of the Defense Logistics Agency, 
                in consultation with individuals employed pursuant to 
                subsection (e), determines that the item will be useful 
                in preventing or mitigating damage resulting from the 
                threat described in subparagraph (A).
            ``(2) Update to list.--If an actionable threat to national 
        security justifies the transfer of a controlled defense item 
        under this subsection, the Director shall revise the 
        regulations for purposes of this section to treat the 
        controlled defense item as an eligible defense item for 
        purposes of this section as soon as practicable. A transfer of 
        a controlled defense item may occur in accordance with 
        paragraph (1) regardless of whether the update to the 
        regulations for purposes of this section has been made under 
        this paragraph at the time of transfer.
            ``(3) Applicability of other requirements.--If an 
        actionable threat to national security justifies the transfer 
        of a controlled defense item under this subsection, any 
        requirements, prohibitions, and limitations otherwise 
        applicable to the transfer of the item as an eligible defense 
        item under this section shall not apply to the transfer of the 
        item under this subsection.
            ``(4) Disposition of items after threat.--Upon the 
        cessation of the threat to national security for which a 
        controlled defense item is transferred under this subsection, 
        the State or local law enforcement agency receiving the item 
        shall--
                    ``(A) arrange for the storage of the item with the 
                National Guard of the State concerned; or
                    ``(B) if arrangements under subparagraph (A) cannot 
                be made, transfer the item to the Director.
    ``(i) Notice to Law Enforcement Agencies on Available Stocks of 
Eligible Defense Items.--
            ``(1) DLA review and notice on dod stocks.--The Director of 
        the Defense Logistics Agency shall periodically review the 
        existing stocks of the Department of Defense in order to 
        identify the type and quantity, if any, of surplus stocks of 
        the Department of items that are currently treated as eligible 
        defense items for purposes of this section.
            ``(2) Notice to law enforcement agencies on available 
        stocks of items.--The Director shall make information on the 
        results of reviews under paragraph (1) available to the public 
        on the Internet website of the Department referred to in 
        subsection (f)(3).
    ``(j) Mechanisms of Transfer of Eligible Defense Items to Law 
Enforcement Agencies.--
            ``(1) Application.--A State or local law enforcement agency 
        seeking transfer of eligible defense items pursuant to this 
        section shall submit an application therefore to the State 
        Coordinator for the State in which the law enforcement agency 
        is located. The application shall include a statement of the 
        need of the agency for the items and the information specified 
        in subsection (l).
            ``(2) State coordinator review.--A State Coordinator shall 
        review, and approve or disapprove, each application submitted 
        to the State Coordinator under paragraph (1). In determining 
        whether to approve or disapprove an application, a State 
        Coordinator shall apply all criteria applicable to the 
        application in the regulations for purposes of this section 
        under subsection (g). A State Coordinator shall transmit each 
        such application, whether approved or disapproved, to the 
        Director of the Defense Logistics Agency, together with the 
        information specified in subsection (l).
            ``(3) Director of dla review of approved applications.--The 
        Director shall review, and approve or disapprove, each 
        application transmitted to the Director pursuant to paragraph 
        (2) that is approved by a State Coordinator under that 
        paragraph. As part of the review of each application, the 
        Director shall obtain an assessment of such application by an 
        individual employed pursuant to subsection (e).
            ``(4) Discharge of transfer.--The Director and the State 
        Coordinator concerned shall jointly carry out the transfer of 
        eligible defense items covered by applications approved by the 
        Director under this subsection.
    ``(k) Public Notice on Requests for Transfers.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        State or local law enforcement agency requesting transfer of an 
        eligible defense item under this section, including pursuant to 
        interagency transfer under subsection (r), shall--
                    ``(A) publish notice to the public on such request, 
                including the information specified in subsection (l) 
                (other than paragraphs (7), (11), (12), and (16) of 
                that subsection, and with any personally identifiable 
                information otherwise required by paragraphs (17) and 
                (18) of that subsection redacted) if such information 
                is not otherwise available to the public; and
                    ``(B) obtain approval of the request by the State 
                or political subdivision of a State of which the law 
                enforcement agency is an agency.
            ``(2) Exception.--
                    ``(A) Items for undercover operations.--A State or 
                local law enforcement agency requesting transfer of an 
                eligible defense item is not required to comply with 
                paragraph (1) if the item requested is for an active 
                undercover operation.
                    ``(B) Alternative notice requirement.--A State or 
                local law enforcement agency receiving an item under 
                this section pursuant to a request covered by 
                subparagraph (A) shall publish public notice of the 
                request not later than 10 business days after the 
                conclusion of the undercover operation for which the 
                item was requested.
    ``(l) Information in Support of Applications.--The application of a 
State or local law enforcement agency for the transfer of eligible 
defense items under subsection (j)(1), and the transmittal of the State 
Coordinator concerned to the Director of the Defense Logistics Agency 
with respect to the application pursuant to subsection (j)(2), shall 
include with the application a statement of the need of the law 
enforcement agency for the items as described in subsection (j)(1), 
which shall include the following:
            ``(1) The type and amount of each item being requested.
            ``(2) The name of the law enforcement agency.
            ``(3) The number of sworn law enforcement officers of the 
        law enforcement agency.
            ``(4) The number, if any, of items similar to the items 
        being requested that the law enforcement agency has in good 
        working condition.
            ``(5) The amount and type of items, if any, that the law 
        enforcement agency has that were purchased using funds from--
                    ``(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); or
                    ``(C) the Edward Byrne Memorial Justice Assistance 
                Grant Program under subpart 1 of part E of title I of 
                the Omnibus Crime Control and Safe Streets Act of 1968 
                (42 U.S.C. 3750 et seq.).
            ``(6) The use of force policy of the law enforcement 
        agency.
            ``(7) Whether the law enforcement agency intends for SWAT 
        teams to use the requested items, and, if so, the deployment 
        policies of the law enforcement agency for SWAT teams.
            ``(8) Whether the law enforcement agency has or plans to 
        adopt a memorandum of understanding or other joint use 
        agreement for the shared use of the requested items with any 
        other law enforcement agency.
            ``(9) The capability gap to be filled by the items 
        requested, and a description of the proposed use of the items 
        by the law enforcement agency.
            ``(10) Whether a consent decree is in effect between the 
        United States and the law enforcement agency relating to civil 
        rights abuses or excessive use of force.
            ``(11) Whether the law enforcement agency is currently 
        under investigation, or has been under investigation in the 
        last 10 years, by the Department of Justice, an inspector 
        general, or any equivalent State or local entity for civil 
        rights abuses or excessive use of force.
            ``(12) Whether the chief of police of the law enforcement 
        agency has ever been determined by the Department of Justice, 
        an inspector general, or any equivalent State or local entity 
        to have engaged in civil rights abuses or excessive use of 
        force.
            ``(13) Whether the law enforcement agency requested funds 
        from a regional, State, or local political entity to purchase 
        the requested items, and--
                    ``(A) if so and the request was denied, a statement 
                of the reason or reasons for such denial; or
                    ``(B) if not, a statement of the reason or reasons 
                the law enforcement agency did not.
            ``(14) Such other information on the recent record of the 
        law enforcement agency regarding civil rights and the excessive 
        use of force as the Director shall specify in the regulations 
        for purposes of this section.
            ``(15) An executed maintenance requirement release 
        acknowledging that the law enforcement agency understands and 
        accepts responsibility for all costs associated with the upkeep 
        of the items.
            ``(16) Detailed documentation on the manner in which the 
        law enforcement agency will provide for the storage and 
        security of the items.
            ``(17) A description of the policies and procedures of the 
        law enforcement agency for use of the items, including who will 
        have authority over the use of the items and an organizational 
        chart, and the names and titles of agency members, who will 
        have charge of the items.
            ``(18) Documentation showing that the members identified 
        pursuant to paragraph (17) as in charge of items have been 
        trained in the use and deployment of such items within the past 
        five years, or identifying specific training such members 
        identified shall participate not later than 90 days after 
        receipt of the items.
            ``(19) Certification that any eligible defense items 
        transferred under this section for use by a SWAT team have not 
        been used, and will not be used, by a SWAT team engaging in 
        routine patrol-related incidents, non-tactical incidents, and 
        non-tactical assignments.
            ``(20) Such other information on the law enforcement 
        agency, and the application of the law enforcement agency, as 
        the Director shall specify in the regulations for purposes of 
        this section.
    ``(m) Requirements in Connection With Use of Eligible Defense Items 
by SWAT Teams.--
            ``(1) SWAT team training records.--Eligible defense items 
        may not be transferred to a State or local law enforcement 
        agency under this section for use by a SWAT team unless the law 
        enforcement agency requesting such items certifies to the 
        Director of the Defense Logistics Agency that the law 
        enforcement agency makes available to the public the training 
        records of the SWAT team, including the course outlines of such 
        training (except that any personally identifiable information, 
        and all but the title and subject of such training, may be 
        redacted). The Attorney General shall issue, and may from time 
        to time update, nonbinding guidelines on such policies.
            ``(2) Video recording of deployments.--Eligible defense 
        items may not be transferred to a State or local law 
        enforcement agency under this section for use by a SWAT team 
        unless the law enforcement agency requesting such items 
        certifies to the Director that a video recording shall be made 
        of each SWAT team deployment involving the use of such items. 
        Any video recording secured under this paragraph involving the 
        use of force (whether deadly or otherwise) shall be retained by 
        the law enforcement agency for a period not shorter than the 
        period of limitation in the State concerned for actions for 
        civil rights violations under section 1979 of the Revised 
        Statutes (42 U.S.C. 1983).
    ``(n) Policies on Use of Video Recording Equipment and Recording.--
            ``(1) In general.--Video recording equipment (including 
        body cameras) may not be transferred to a State or local law 
        enforcement agency under this section unless the law 
        enforcement agency requesting such equipment certifies to the 
        Director of the Defense Logistics Agency that the law 
        enforcement agency has in place, and makes available to the 
        public, policies on the use of such equipment by law 
        enforcement officers, and on securing video recordings of 
        operations of law enforcement officers using video equipment, 
        that meets the requirements specified in paragraph (2).
            ``(2) Policy requirements.--The requirements specified in 
        this paragraph for policies described in paragraph (1) are the 
        following:
                    ``(A) Policies on the appropriate use of video 
                recording equipment, including whether such equipment 
                should be left on at all times.
                    ``(B) Mechanisms to preserve, to the extent 
                practicable, the integrity and security of video 
                recordings, including a description of the personnel of 
                the law enforcement agency, and other parties, who are 
                authorized to access the recordings, mechanisms for the 
                storage of recordings, and measures to ensure the 
                cybersecurity of such recordings (if applicable to the 
                storage, retention, and retrieval of such recordings).
                    ``(C) Policies on the authorized and unauthorized 
                public release of video recordings.
                    ``(D) A requirement that any video recording of an 
                interaction between a law enforcement officer and an 
                individual who is not a law enforcement officer 
                involving the use of force (whether deadly or 
                otherwise) shall retained by the law enforcement agency 
                for a period not shorter than the period of limitation 
                in the State concerned for actions for civil rights 
                violations under section 1979 of the Revised Statutes 
                (42 U.S.C. 1983).
    ``(o) State Certification of Instructors in Training on Use of 
Force and Certain Items.--
            ``(1) Certification of instructors in training required.--
        On and after the date that is three years after the date of the 
        enactment of the Protecting Communities and Police Act of 2015 
        eligible defense items may not be transferred to a State or 
        local law enforcement agency of a State under this section 
        unless the Governor of the State (or the designee of the 
        Governor) certifies to the Director of the Defense Logistics 
        Agency that the State conducts a program for certifying police 
        instructors in the provision of training on the use of force, 
        and in the use of eligible defense items and special justice 
        items, that meets the requirements specified in paragraph (2). 
        Any instructor certified under a program conducted under 
        section 2010 of the Homeland Security Act of 2002 shall be 
        considered certified as a police instructor in any State for 
        purposes of this subsection.
            ``(2) Program requirements.--The requirements specified in 
        this paragraph for a program described in paragraph (1) are the 
        following:
                    ``(A) The program shall include instruction in 
                training on the following:
                            ``(i) The use of force by State and local 
                        law enforcement officers in the ordinary course 
                        of their duties.
                            ``(ii) The use of eligible defense items 
                        and special justice items by State and local 
                        law enforcement officers in the ordinary course 
                        of their duties.
                            ``(iii) The use of eligible defense items 
                        and special justice items by SWAT teams.
                            ``(iv) The appropriate deployment of SWAT 
                        teams.
                            ``(v) Civil rights and civil liberties.
                            ``(vi) Any other matters on the training of 
                        State and local law enforcement officers that 
                        the Governor of the State (or the designee of 
                        the Governor) considers appropriate.
                    ``(B) A list of the instructors who are certified 
                pursuant to the program shall be maintained and 
                published.
            ``(3) Discharge through existing programs.--A State may 
        satisfy the requirement in paragraph (1) using a program in 
        effect on the date that is three years after the date of the 
        enactment of the Protecting Communities and Police Act of 2015 
        if such program satisfies the requirements in paragraph (2).
    ``(p) Training Requirements.--
            ``(1) Minimum annual training requirements for law 
        enforcement officers.--
                    ``(A) In general.--On and after the date that is 
                three years after the date of the enactment of the 
                Protecting Communities and Police Act of 2015, eligible 
                defense items may not be transferred to a State or 
                local law enforcement agency under this section unless 
                the Governor of the State (or the designee of the 
                Governor) certifies to the Director of the Defense 
                Logistics Agency that the State has in place minimum 
                annual training requirements for all sworn law 
                enforcement officers in the State, including--
                            ``(i) specialized leadership training 
                        requirements for heads of law enforcement 
                        agencies who have--
                                    ``(I) decisionmaking authority on 
                                the deployment of SWAT teams and 
                                tactical military vehicles; or
                                    ``(II) responsibility for drafting 
                                policies on the use of force and SWAT 
                                team deployment;
                            ``(ii) specialized SWAT team training 
                        requirements for all SWAT team members, 
                        including in law enforcement tactics used in 
                        tactical operations;
                            ``(iii) training in the appropriate use and 
                        deployment of tactical military vehicles; and
                            ``(iv) training on sensitivity, including 
                        training on ethnic and racial bias, cultural 
                        diversity, and police interaction with the 
                        disabled, mentally ill, and new immigrants.
                    ``(B) Satisfaction by recent hirees.--The 
                requirements under subparagraph (A) shall provide for 
                the first completion of the training concerned by an 
                individual who becomes an officer in a law enforcement 
                agency by not later than one year after the date on 
                which the individual becomes an officer in the law 
                enforcement agency.
            ``(2) State coordinators.--On and after the date that is 
        three years after the date of the enactment of the Protecting 
        Communities and Police Act of 2015, eligible defense items may 
        not be transferred to a State or local law enforcement agency 
        of a State under this section unless the Governor of the State 
        (or the designee of the Governor) certifies to the Director of 
        the Defense Logistics Agency that the individual who serves as 
        a State Coordinator in the State receives on an annual basis 
        training in the following:
                    ``(A) Inventory management.
                    ``(B) The assessment of the needs of State and 
                local law enforcement agencies for eligible defense 
                items.
            ``(3) Use of eligible defense items.--
                    ``(A) In general.--On and after the date that is 
                three years after the date of the enactment of the 
                Protecting Communities and Police Act of 2015, eligible 
                defense items may not be transferred to a State or 
                local law enforcement agency under this section unless 
                the head of the law enforcement agency requesting such 
                items certifies to the Director that any law 
                enforcement officer who is authorized to use such items 
                will have received training on the proper law 
                enforcement use of such items by an instructor 
                certified as described in subsection (o) or section 
                2010 of the Homeland Security Act of 2002.
                    ``(B) Satisfaction by recent hirees.--Training 
                required by subparagraph (A) shall be completed by an 
                individual who becomes a member of a State or local law 
                enforcement agency by not later than one year after the 
                date on which the individual becomes a member of the 
                law enforcement agency.
            ``(4) SWAT teams.--
                    ``(A) In general.--On and after the date that is 
                three years after the date of the enactment of the 
                Protecting Communities and Police Act of 2015, eligible 
                defense items may not be transferred to a State or 
                local law enforcement agency under this section for use 
                by a SWAT team unless the head of the law enforcement 
                agency requesting such items certifies to the Director 
                that any law enforcement officer who is a member of 
                such SWAT team will have participated during the 
                preceding year in tactical SWAT team training by an 
                instructor certified as described in subsection (o) or 
                section 2010 of the Homeland Security Act of 2002 and 
                training required pursuant to paragraph (1).
                    ``(B) Satisfaction by recent hirees.--Training 
                required by subparagraph (A) shall be completed by an 
                individual who becomes a member of a SWAT team by not 
                later than one year after the date on which the 
                individual becomes a member of the SWAT team.
    ``(q) Whistleblower and Independent Oversight Requirements.--
            ``(1) Whistleblower requirements.--On and after the date 
        that is three years after the date of the enactment of the 
        Protecting Communities and Police Act of 2015, eligible defense 
        items may not be transferred to a State or local law 
        enforcement agency of a State under this section unless the 
        Governor of the State (or the designee of the Governor) 
        certifies to the Director of the Defense Logistics Agency that 
        the State--
                    ``(A) has in place--
                            ``(i) a program, including a public 
                        complaint hotline, that provides individuals 
                        the ability to disclose any waste, fraud, or 
                        abuse in connection with the use of such items; 
                        and
                            ``(ii) mechanisms (commonly referred to as 
                        `whistleblower protections') to protect 
                        individuals who make a disclosure described in 
                        clause (i) from retaliatory or other adverse 
                        personnel actions in connection with such 
                        disclosures; and
                    ``(B) publicizes the existence of the program and 
                whistleblower protections described in subparagraph 
                (A).
            ``(2) Certification of oversight and accountability.--
                    ``(A) Certification required.--Eligible defense 
                items may not be transferred to a State or local law 
                enforcement agency under this section unless the head 
                of the law enforcement agency requesting such items 
                submits to the Director a written certification (in the 
                form of a memorandum of understanding, memorandum of 
                agreement, or letterhead correspondence) that an entity 
                that is unaffiliated with the law enforcement agency is 
                authorized--
                            ``(i) to receive any complaints regarding 
                        the use of any equipment and funds of the law 
                        enforcement agency;
                            ``(ii) to periodically review and assess 
                        the use of such equipment and funds by the law 
                        enforcement agency; and
                            ``(iii) to make recommendations to the law 
                        enforcement agency regarding the use of such 
                        equipment and funds by the law enforcement 
                        agency that are either--
                                    ``(I) non-binding in character; or
                                    ``(II) binding in character, if 
                                authorized by a law or ordinance 
                                governing the law enforcement agency or 
                                the entity or by an agreement between 
                                the governing body of the law 
                                enforcement agency and organizations 
                                representing law enforcement officers 
                                of the law enforcement agency.
                    ``(B) Discharge through existing entities.--A law 
                enforcement agency may satisfy the requirement in 
                subparagraph (A) through an entity that exists as of 
                the date of the enactment of the Protecting Communities 
                and Police Act of 2015, including an independent review 
                board, a Federal, State, or local inspector general, a 
                Federal, State, county, or city attorney general, a 
                district attorney, the Federal Bureau of Investigation 
                or another Federal agency, a State agency, a State or 
                local governing body (such as a city council or county 
                commission), a law enforcement council, or an 
                independent entity established by one or more such 
                officials, agencies, or entities on behalf of one or 
                more law enforcement agencies.
    ``(r) Interagency Transfer.--
            ``(1) In general.--Subject to paragraph (2), a State or 
        local law enforcement agency may transfer an eligible defense 
        item transferred to the law enforcement agency under this 
        section to another State or local law enforcement agency.
            ``(2) Approval required.--An eligible defense item may not 
        be transferred by a State or local law enforcement agency to 
        another law enforcement agency under this subsection without 
        the approval of the Director of the Defense Logistics Agency 
        (or the designee of the Director). A law enforcement agency 
        seeking the approval of the Director for the transfer of an 
        item pursuant to this paragraph shall submit to the Director an 
        application therefor in such form and manner as the Director 
        shall specify in the regulations for purposes of this section 
        under subsection (g).
    ``(s) Suspension and Termination.--
            ``(1) For lost or stolen items.--In the event an item 
        transferred to a State or local law enforcement agency under 
        this section is lost, stolen, or misappropriated--
                    ``(A) in the case of an offensive weapon or 
                ordnance--
                            ``(i) on the first occurrence in the case 
                        of the law enforcement agency, the Director of 
                        the Defense Logistics Agency, after providing 
                        the law enforcement agency with notice and the 
                        opportunity to contest the allegation, shall 
                        suspend the law enforcement agency from 
                        eligibility for receipt of items under this 
                        section for a period of 6 months; and
                            ``(ii) on any subsequent occurrence in the 
                        case of the law enforcement agency, the 
                        Director, after providing the law enforcement 
                        agency with notice and the opportunity to 
                        contest the allegation, shall suspend the law 
                        enforcement agency from eligibility for receipt 
                        of items under this section for a period of 
                        five years; and
                    ``(B) in the case of any other item--
                            ``(i) on the third occurrence in the case 
                        of the law enforcement agency, the Director, 
                        after providing the law enforcement agency with 
                        notice and the opportunity to contest the 
                        allegation, shall suspend the law enforcement 
                        agency from eligibility for receipt of items 
                        under this section for a period of 6 months; 
                        and
                            ``(ii) on any subsequent occurrence in the 
                        case of the law enforcement agency, the 
                        Director, after providing the law enforcement 
                        agency with notice and the opportunity to 
                        contest the allegation, shall suspend the law 
                        enforcement agency from eligibility for receipt 
                        of items under this section for a period of 
                        three years.
            ``(2) Intentional falsification of information.--In the 
        event a State or local law enforcement agency is determined by 
        the Director (or the designee of the Director) to have 
        intentionally falsified any information in requesting or 
        applying for items under this section, the Director, after 
        providing the law enforcement agency with notice and the 
        opportunity to contest the determination, shall terminate the 
        law enforcement agency from eligibility for receipt of items 
        under this section.
    ``(t) Report Requirements.--
            ``(1) State and local law enforcement agencies report 
        requirements.--Not later than one year after the date of the 
        enactment of the Protecting Communities and Police Act of 2015 
        and every year thereafter, each State or local law enforcement 
        agency that receives eligible defense items under this section 
        shall submit to the Director of the Defense Logistics Agency a 
        report setting forth an accounting of such items. Each report 
        of an agency shall include the following:
                    ``(A) For weapons, tactical vehicles, aircraft, and 
                boats, time-stamped serial numbers of the items.
                    ``(B) Such information on the status and use of 
                such items as the Secretary of Defense requires in 
                order to make the reports required by paragraph (2).
            ``(2) Secretary of defense report requirements.--Not later 
        than one year after Protecting Communities and Police Act of 
        2015, once a year for every four years thereafter, and once 
        every three years thereafter after such five years, the 
        Secretary of Defense shall submit to the Attorney General, the 
        Secretary of Homeland Security, and Congress, and make 
        available to the public, a comprehensive report on the use 
        during the preceding year of eligible defense items transferred 
        under this section. Each report shall include the following:
                    ``(A) A description of all eligible defense items 
                transferred under this section during the year covered 
                by such report, including an appendix setting forth a 
                plain English description or manufacturer make, model 
                number, and name of each item transferred, the quantity 
                of each item transferred, the recipient of each item, 
                and a brief explanation of the need for each item by 
                the recipient.
                    ``(B) A statement of the items described in 
                subparagraph (A) that were in new or like-new condition 
                at the time of transfer.
                    ``(C) For each type of eligible defense item 
                transferred under this section during the year covered 
                by such report, the quantity, if any, of the same or a 
                similar item purchased by the Department of Defense 
                during the prior fiscal year.
                    ``(D) The number of requests for transfer of 
                eligible defense items during the year covered by such 
                report that were approved by State Coordinators and the 
                Director of the Defense Logistics Agency.
                    ``(E) The number of requests for transfer of 
                eligible defense items during the year covered by such 
                report that were approved by State Coordinators but 
                denied by the Director, and, for each such request, a 
                statement of the type of item requested and the reason 
                or reasons for the denial.
                    ``(F) The number of requests for transfer of 
                eligible defense items during the year covered by such 
                report that were denied by State Coordinators, and, for 
                each such request, a statement of the type of item 
                requested and the reason or reasons for the denial.
    ``(u) Construction With Other DLA Authority.--Nothing in this 
section shall be construed to override, alter, or supersede the 
authority of the Director of the Defense Logistics Agency to dispose of 
property of the Department of Defense that is not a controlled defense 
item to law enforcement agencies under another other provision of law.
    ``(v) Non-Controlled Defense Items to Law Enforcement Agencies.--
Notwithstanding any provision of chapter 5 of title 40 or any other 
provision of law, the Administrator of General Services shall accord a 
priority in the disposal of excess and surplus items and equipment of 
the Department of Defense that are not controlled defense items to law 
enforcement agencies.
    ``(w) Definitions.--In this section:
            ``(1) The term `controlled defense item' means property of 
        the Department of Defense that is subject to the restrictions 
        of the United States Munitions List (22 Code of Federal 
        Regulations Part 121) or the Commerce Control List (15 Code of 
        Federal Regulations Part 774).
            ``(2) The term `eligible defense item' means a controlled 
        defense item that is eligible for transfer to a law enforcement 
        agency pursuant to this section.
            ``(3) The term `law enforcement council' means a consortium 
        of law enforcement agencies operating in a partnership within a 
        region to promote and enhance public safety.
            ``(4) The term `local educational agency' has the meaning 
        given that term in section 8013(9) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7713(9)).
            ``(5) The term `special justice item' has the meaning given 
        that term in section 509(a) of the Omnibus Crime Control and 
        Safe Streets Act of 1968.
            ``(6) The term `State Coordinator' means an individual 
        appointed by the Governor of a State--
                    ``(A) to manage requests of State and local law 
                enforcement agencies of the State for eligible defense 
                items; and
                    ``(B) to ensure the appropriate use of eligible 
                defense items transferred under this section by such 
                law enforcement agencies.
            ``(7) The term `State or local law enforcement agency' 
        means a State or local agency or entity with law enforcement 
        officers that have arrest and apprehension authority and whose 
        primary function is to enforce the laws. The term includes a 
        local educational agency with such officers. The term does not 
        include a firefighting agency or entity.
            ``(8) The term `SWAT team' means a Special Weapons and 
        Tactics team or other specialized tactical team composed of 
        State or local sworn law enforcement officers.
            ``(9) The term `tactical military vehicle' means an armored 
        vehicle having military characteristics resulting from military 
        research and development processes, designed primarily for use 
        by forces in the field in direction connection with, or support 
        of, combat or tactical operations.''.
    (b) Limitations on Transfer of Certain Items Pending Achievement of 
Certain Program Milestones.--
            (1) Limitation pending employment of law enforcement 
        experts in dla.--No item described in paragraph (4) may be 
        transferred under section 2576a of title 10, United States Code 
        (as amended by subsection (a)), until the employment in the 
        Defense Logistics Agency of law enforcement experts required by 
        subsection (e) of such section.
            (2) Delayed limitation pending appointment of task force.--
        Effective as of the date that is one year after the date of the 
        enactment of this Act, no item described in paragraph (4) may 
        be transferred under section 2576a of title 10, United States 
        Code (as so amended), until the appointment of the task force 
        required by section 4 of this Act.
            (3) Delayed limitation pending publication of list of 
        eligible defense items.--Effective as of the date that is two 
        years after the date of the enactment of this Act, no item 
        described in paragraph (4) may be transferred under section 
        2576a of title 10, United States Code (as so amended), until 
        the publication under subsection (f)(3) of such section of the 
        items determined to be eligible defense items for purposes of 
        such section.
            (4) Covered items.--An item described in this paragraph is 
        the following:
                    (A) A controlled defense item.
                    (B) An eligible defense item.
                    (C) An item specified in section 2576a(g)(4)(B) of 
                title 10, United States Code (as so amended).
            (5) Definitions.--In this subsection, the terms 
        ``controlled defense item'' and ``eligible defense item'' have 
        the meaning given such terms in section 2576a(w) of title 10, 
        United States Code (as so amended).
    (c) Restatement and Modification of Current Authority for Transfer 
for Federal Law Enforcement Activities.--Chapter 153 of title 10, 
United States Code, is amended--
            (1) by redesignating section 2576b as section 2576d; and
            (2) by inserting after section 2576a (as amended by 
        subsection (a)) the following new sections:
``Sec. 2576b. Excess personal property: sale or donation of certain 
              non-controlled defense items for State or local law 
              enforcement activities
    ``(a) Transfer Authorized.--(1) Notwithstanding any other provision 
of law and subject to subsection (b), the Secretary of Defense may 
transfer to State agencies personal property of the Department of 
Defense that the Secretary determines is--
            ``(A) not a controlled defense item, an eligible defense 
        item, or an item specified in section 2576a(g)(4)(B) of this 
        title;
            ``(B) suitable for use by State agencies in law enforcement 
        activities, including counter-drug and counter-terrorism 
        activities; and
            ``(C) excess to the needs of the Department of Defense.
    ``(2) The Secretary shall carry out this section in consultation 
with the Attorney General and the Director of National Drug Control 
Policy.
    ``(b) Conditions for Transfer.--The Secretary of Defense may 
transfer personal property under this section only if--
            ``(1) the property is drawn from existing stocks of the 
        Department of Defense;
            ``(2) the recipient accepts the property on an as-is, 
        where-is basis;
            ``(3) the transfer is made without the expenditure of any 
        funds available to the Department of Defense for the 
        procurement of defense equipment; and
            ``(4) all costs incurred subsequent to the transfer of the 
        property are borne or reimbursed by the recipient.
    ``(c) Consideration.--Subject to subsection (b)(4), the Secretary 
may transfer personal property under this section without charge to the 
recipient agency.
    ``(d) Definitions.--In this section, the terms `controlled defense 
item' and `eligible defense item' have the meaning given such terms in 
section 2576a(w) of this title.
``Sec. 2576c. Excess personal property: sale or donation for Federal 
              law enforcement activities
    ``(a) Transfer Authorized.--(1) Notwithstanding any other provision 
of law and subject to subsection (b), the Secretary of Defense may 
transfer to Federal agencies personal property of the Department of 
Defense, including small arms and ammunition, that the Secretary 
determines is--
            ``(A) suitable for use by the agencies in law enforcement 
        activities, including counter-drug and counter-terrorism 
        activities; and
            ``(B) excess to the needs of the Department of Defense.
    ``(2) The Secretary shall carry out this section in consultation 
with the Attorney General and the Director of National Drug Control 
Policy.
    ``(b) Conditions for Transfer.--The Secretary of Defense may 
transfer personal property under this section only if--
            ``(1) the property is drawn from existing stocks of the 
        Department of Defense;
            ``(2) the recipient accepts the property on an as-is, 
        where-is basis;
            ``(3) the transfer is made without the expenditure of any 
        funds available to the Department of Defense for the 
        procurement of defense equipment; and
            ``(4) all costs incurred subsequent to the transfer of the 
        property are borne or reimbursed by the recipient.
    ``(c) Consideration.--Subject to subsection (b)(4), the Secretary 
may transfer personal property under this section without charge to the 
recipient agency.''.
    (d) Clerical Amendments.--The table of sections at the beginning of 
chapter 153 of title 10, United States Code, is amended by striking the 
items relating to sections 2576a and 2576b and inserting the following 
new items:

``2576a. Excess personal property: sale or donation of certain 
                            controlled defense items for State or local 
                            law enforcement activities.
``2576b. Excess personal property: sale or donation of certain non-
                            controlled defense items for State or local 
                            law enforcement activities.
``2576c. Excess personal property: sale or donation for Federal law 
                            enforcement activities.
``2576d. Excess personal property: sale or donation to assist 
                            firefighting agencies.''.
    (e) CJCS Duty To Ensure Federal Agency Responsibility for 
Transferred Property.--Section 153(a) of title 10, United States Code, 
is amended--
            (1) by redesignating paragraph (6) as paragraph (7); and
            (2) by inserting after paragraph (5) the following new 
        paragraph (6):
            ``(6) Transfers of dod property for federal law enforcement 
        activities.--Ensuring that Federal agencies to which property 
        of the Department of Defense is transferred pursuant to section 
        2576c of this title accept responsibility for inventory, 
        management, accountability, and disposal of such property.''.

SEC. 7. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANTS.

    (a) Use of Funds by Law Enforcement.--Subpart 1 of part E of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3750 et seq.) is amended by adding at the end the following:

``SEC. 509. USE OF FUNDS BY LAW ENFORCEMENT.

    ``(a) Definitions.--In this section--
            ``(1) the term `covered funds' means funds provided under 
        this subpart;
            ``(2) the term `law enforcement agency'--
                    ``(A) means an agency or entity with law 
                enforcement officers--
                            ``(i) who have arrest and apprehension 
                        authority; and
                            ``(ii) whose primary function is to enforce 
                        the laws;
                    ``(B) includes a local educational agency with 
                officers described in subparagraph (A); and
                    ``(C) does not include a firefighting agency or 
                entity;
            ``(3) the term `local educational agency' has the meaning 
        given that term in section 8013(9) of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7713(9));
            ``(4) the term `prohibited item' means an item that the 
        Attorney General determines under subsection (b)(1) may not be 
        purchased by a law enforcement agency using covered funds;
            ``(5) the term `special justice item' means an item that 
        the Attorney General determines under subsection (b)(1) is not 
        generally issued to a law enforcement patrol officer but is 
        suitable for certain uses by law enforcement officers in 
        engagements with individuals who are not law enforcement 
        officers;
            ``(6) the term `SWAT team' means a Special Weapons and 
        Tactics team or other specialized tactical team composed of 
        sworn law enforcement officers; and
            ``(7) the term `tactical military vehicle' means an armored 
        vehicle having military characteristics resulting from military 
        research and development processes, designed primarily for use 
        by forces in the field in direct connection with, or support 
        of, combat or tactical operations.
    ``(b) Purchase of Certain Items by Law Enforcement.--
            ``(1) Lists of prohibited items and special justice 
        items.--
                    ``(A) In general.--The Attorney General, in 
                consultation with the task force appointed under 
                section 4 of the Protecting Communities and Police Act 
                of 2015, shall--
                            ``(i) not later than 3 years after the date 
                        of enactment of the Protecting Communities and 
                        Police Act of 2015, create--
                                    ``(I) a list of prohibited items; 
                                and
                                    ``(II) a list of special justice 
                                items; and
                            ``(ii) review and revise each list created 
                        under clause (i) not less often than once every 
                        5 years.
                    ``(B) Specific items.--The Attorney General shall 
                place each of the following items on the list of 
                prohibited items or the list of special justice items:
                            ``(i) Weapons over .50 caliber.
                            ``(ii) Tactical military vehicles.
                            ``(iii) Other tactical military equipment.
                            ``(iv) Tactical law enforcement ballistic 
                        protection equipment other than ballistic 
                        vests, including ballistic helmets, ballistic 
                        shields, battle dress uniforms, and camouflage 
                        uniforms and clothing.
                            ``(v) Grenades, flash bang grenades, 
                        grenade launchers, and grenade launcher 
                        attachments.
                    ``(C) Publication.--The Attorney General shall 
                publish each list created under subparagraph (A) on the 
                website of the Department of Justice and in the Federal 
                Register.
            ``(2) Prohibited items.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a law enforcement agency may not use 
                covered funds to purchase a prohibited item or receive 
                a prohibited item that was purchased using covered 
                funds.
                    ``(B) Exception.--
                            ``(i) Threats to national security.--A law 
                        enforcement agency may purchase a prohibited 
                        item using covered funds, or receive a 
                        prohibited item that was purchased using 
                        covered funds, if--
                                    ``(I) the Attorney General 
                                determines that the prohibited item 
                                will be useful in preventing or 
                                mitigating damage resulting from a 
                                threat to national security;
                                    ``(II) the law enforcement agency 
                                has in place an agreement with the 
                                National Guard of the State in which 
                                the law enforcement agency is located 
                                for the storage of the restricted item 
                                at a National Guard site; and
                                    ``(III) the law enforcement 
                                provides a copy of the agreement 
                                described in subclause (II) to the 
                                Attorney General.
                            ``(ii) Update to list.--If a threat to 
                        national security justifies the purchase of a 
                        prohibited item under clause (i), the Attorney 
                        General shall publish an updated list of 
                        prohibited items or special justice items, as 
                        appropriate, under paragraph (1)(C) as soon as 
                        practicable.
            ``(3) Authority to prescribe regulations.--
                    ``(A) In general.--The Attorney General may 
                prescribe regulations that place restrictions and 
                limitations on special justice items that may be 
                purchased by law enforcement agencies using covered 
                funds, based on the appropriateness of the use of the 
                items in law enforcement activities.
                    ``(B) Authorized elements.--The regulations 
                prescribed by the Attorney General under subparagraph 
                (A) may include the following:
                            ``(i) Tiers of eligibility of law 
                        enforcement agencies to purchase special 
                        justice items using covered funds based on need 
                        of law enforcement agencies for particular 
                        items, size and capabilities of law enforcement 
                        agencies, or such other factors as the Attorney 
                        General may specify in the regulations.
                            ``(ii) Restrictions on the numbers or types 
                        of special justice items that may be purchased 
                        by a particular law enforcement agency using 
                        covered funds, within a particular period of 
                        time, to law enforcement agencies in a 
                        particular region, or such other factors as the 
                        Attorney General may specify in regulations.
                            ``(iii) Restrictions on the use of 
                        particular special justice items by law 
                        enforcement agencies purchased using covered 
                        funds based on size, capability, or such other 
                        factors the Attorney General may specify in the 
                        regulations.
                            ``(iv) Requirements for memoranda of 
                        understanding or other appropriate agreements 
                        in the case of joint use of special justice 
                        items, purchased using covered funds, by more 
                        than 1 law enforcement agency.
    ``(c) Other Restrictions and Limitations on Use of Covered Funds.--
            ``(1) Purchase of special justice items using covered 
        funds.--
                    ``(A) In general.--A law enforcement agency may not 
                receive or use covered funds to purchase a special 
                justice item unless the law enforcement agency--
                            ``(i) except as provided in subparagraph 
                        (B), publishes a needs justification 
                        statement--
                                    ``(I) on its website, on the 
                                website of its governing body, or in a 
                                manner and location in which the needs 
                                justification statement can be easily 
                                viewed by the residents in the area in 
                                which the law enforcement agency has 
                                jurisdiction;
                                    ``(II) that, except as provided in 
                                subclause (III), includes the 
                                information required under subparagraph 
                                (C); and
                                    ``(III) from which the law 
                                enforcement agency may redact--
                                            ``(aa) the information 
                                        required under clause (x) or 
                                        (xi) of subparagraph (C); and
                                            ``(bb) with respect to the 
                                        training records required under 
                                        clause (vi), any personally 
                                        identifiable information and 
                                        all but the title and subject 
                                        of such training courses;
                            ``(ii) obtains the approval of the head of 
                        the State, political subdivision of a State, or 
                        Indian tribe of which the law enforcement 
                        agency is an agency before requesting the 
                        covered funds; and
                            ``(iii) submits the needs justification 
                        statement, including all information required 
                        under subparagraph (C), to the entity from 
                        which the law enforcement agency is to receive 
                        the covered funds.
                    ``(B) Ongoing operations.--The requirements under 
                subparagraph (A)(i) shall not apply to a law 
                enforcement agency that receives or uses covered funds 
                to purchase a special justice item to be used in an 
                active, ongoing counterterrorism or undercover 
                operation.
                    ``(C) Needs justification statements.--A needs 
                justification statement of a law enforcement agency 
                shall include the following:
                            ``(i) The number and type of special 
                        justice items proposed to be purchased.
                            ``(ii) The number of sworn law enforcement 
                        officers of the law enforcement agency.
                            ``(iii) The number, if any, of items 
                        similar to the special justice item that the 
                        law enforcement agency has in good working 
                        condition.
                            ``(iv) The number and type of items, if 
                        any, that the law enforcement agency has that 
                        were--
                                    ``(I) transferred to the law 
                                enforcement agency under section 2576a 
                                of title 10, United States Code; or
                                    ``(II) purchased using funds from--
                                            ``(aa) the Urban Area 
                                        Security Initiative authorized 
                                        under section 2003 of the 
                                        Homeland Security Act of 2002 
                                        (6 U.S.C. 604); or
                                            ``(bb) the State Homeland 
                                        Security Grant Program 
                                        authorized under section 2004 
                                        of the Homeland Security Act of 
                                        2002 (6 U.S.C. 605) during the 
                                        5-year period preceding the 
                                        date on which the statement is 
                                        published.
                            ``(v) The use of force policy of the law 
                        enforcement agency.
                            ``(vi) Whether the law enforcement agency 
                        intends to have a SWAT team use the special 
                        justice item and, if so, the training records 
                        of the SWAT team, including the course outlines 
                        of such training.
                            ``(vii) Whether the law enforcement agency 
                        has or plans to adopt a memorandum of 
                        understanding or other joint use agreement for 
                        the shared use of the special justice item with 
                        any other law enforcement agency.
                            ``(viii) The capability gap to be filled by 
                        the special justice item, and a description of 
                        the proposed use of the special justice item by 
                        the law enforcement agency.
                            ``(ix) Whether a consent decree is in 
                        effect between the United States and the law 
                        enforcement agency relating to civil rights 
                        abuses or excessive use of force.
                            ``(x) Whether the law enforcement agency is 
                        currently under investigation, or has been 
                        under investigation during the preceding 10 
                        years, by the Department of Justice, an 
                        inspector general, or any equivalent State or 
                        local entity for civil rights abuses or 
                        excessive use of force.
                            ``(xi) Whether the head of the law 
                        enforcement agency has ever been determined by 
                        the Department of Justice, an inspector 
                        general, or any equivalent State or local 
                        entity to have engaged in civil rights abuses 
                        or excessive use of force, if such information 
                        is publicly available.
                            ``(xii)(I) Whether the law enforcement 
                        agency requested funds from a regional, State, 
                        or local political entity to purchase the 
                        requested item;
                            ``(II) if the law enforcement agency 
                        requested funds from a regional, State, or 
                        local political entity and the request was 
                        denied, a statement of the reason or reasons 
                        for the denial; and
                            ``(III) if the law enforcement agency did 
                        not request funds from a regional, State, or 
                        local political entity, a statement explaining 
                        why the law enforcement agency did not do so.
                            ``(xiii) A certification that any item 
                        purchased using covered funds has not been, and 
                        will not be, used by a SWAT team of the law 
                        enforcement agency engaging in routine patrol-
                        related incidents, non-tactical incidents, or 
                        non-tactical assignments.
                            ``(xiv) Any other information on the recent 
                        record of the law enforcement agency regarding 
                        civil rights and the excessive use of force 
                        that the Attorney General determines 
                        appropriate.
            ``(2) Restrictions on small law enforcement agencies.--
                    ``(A) Prohibition on purchase of tactical military 
                vehicles by small law enforcement agencies.--A law 
                enforcement agency with 10 or fewer sworn law 
                enforcement officers--
                            ``(i) that has 1 or more functioning 
                        tactical military vehicles may not use covered 
                        funds to purchase a tactical military vehicle;
                            ``(ii) that does not have a functioning 
                        tactical military vehicle may use covered funds 
                        to purchase not more than 1 tactical military 
                        vehicle; or
                            ``(iii) that is the designated procurement 
                        agency for a multi-jurisdictional joint-use 
                        agreement may use covered funds for the 
                        purchase of more than 1 tactical military 
                        vehicle, or receive more than 1 tactical 
                        military vehicle purchased using covered funds, 
                        if the agency purchases or receives not more 
                        than 1 tactical military vehicle for every 10 
                        sworn law enforcement officers covered by the 
                        joint-use agreement.
                    ``(B) Limitation on use of items by small swat 
                teams.--A special justice item purchased using covered 
                funds may not be used by--
                            ``(i) a SWAT team composed of fewer than 17 
                        sworn law enforcement officers;
                            ``(ii) a SWAT team composed entirely of 
                        members from a single law enforcement agency 
                        that has fewer than 35 sworn law enforcement 
                        officers; or
                            ``(iii) a SWAT team composed of members 
                        from 2 or more law enforcement agencies which 
                        agencies have, in aggregate, fewer than 35 
                        sworn law enforcement officers.
            ``(3) Restrictions on local education agencies.--
                    ``(A) Prohibition on use of covered funds.--A local 
                educational agency, or a law enforcement agency 
                affiliated with a local education agency, may not use 
                covered funds to purchase a tactical military vehicle 
                if--
                            ``(i) the local educational agency is 
                        served by a law enforcement agency that--
                                    ``(I) is unaffiliated with the 
                                local education agency; and
                                    ``(II) has a tactical military 
                                vehicle; or
                            ``(ii) the local educational agency is 
                        served by 1 or more law enforcement agencies 
                        that are unaffiliated with the local education 
                        agency and no such serving agency will agree to 
                        store and maintain the tactical military 
                        vehicle for the local educational agency.
                    ``(B) Limitation on use of covered funds.--A local 
                educational agency that purchases a tactical military 
                vehicle using covered funds may not use funds of the 
                local educational agency--
                            ``(i) to transport the tactical military 
                        vehicle to the district of the local 
                        educational agency; or
                            ``(ii) to maintain the tactical military 
                        vehicle.
            ``(4) Camouflage uniforms or clothing.--A law enforcement 
        agency may only use funding provided under this subpart to 
        purchase camouflage uniforms or clothing if the camouflage 
        uniforms or clothing are for use by a SWAT team that 
        demonstrates a legitimate geographic or environmental need for 
        camouflage uniforms or clothing based on the physical 
        environment in which the SWAT team operates.
            ``(5) Approval required for purchase of certain items.--
                    ``(A) No delegation of authority.--The Attorney 
                General may not delegate the authority to approve an 
                application for a grant under this subpart if the 
                application proposes to use funds for the purchase of 
                an item specified in subparagraph (B).
                    ``(B) Items.--The items specified in this 
                subparagraph are the following:
                            ``(i) Weapons over .50 caliber.
                            ``(ii) Grenades, flash bang grenades, 
                        grenade launchers, and grenade launcher 
                        attachments.
                            ``(iii) Tactical military vehicles.
            ``(6) Law enforcement agencies under consent decrees.--A 
        law enforcement agency for which a consent decree is in effect 
        between the United States and the law enforcement agency, or 
        that is under investigation by the Department of Justice, 
        relating to civil rights abuses or excessive use of force may 
        not use covered funds to purchase any weapon or tactical 
        military vehicle.
            ``(7) Transportation costs.--No covered funds may be used 
        to pay the cost of transporting an eligible defense item 
        transferred to a law enforcement agency under section 2576a of 
        title 10, United States Code.
    ``(d) Training and Certification.--
            ``(1) State certification of law enforcement instructors.--
                    ``(A) In general.--On and after the date that is 3 
                years after the date of enactment of the Protecting 
                Communities and Police Act of 2015, a State, and any 
                law enforcement agency of or in the State, may not 
                receive or use covered funds to purchase a special 
                justice item unless the chief executive of the State 
                certifies to the Attorney General that the State 
                conducts a program for certifying law enforcement 
                instructors in the provision of training that meets the 
                requirements under subparagraph (B).
                    ``(B) Program requirements.--The requirements for a 
                program described in subparagraph (A) are the 
                following:
                            ``(i) The program shall include instruction 
                        in training on the following:
                                    ``(I) The use of force by law 
                                enforcement officers in the ordinary 
                                course of their duties.
                                    ``(II) The use of special justice 
                                items by law enforcement officers in 
                                the ordinary course of their duties.
                                    ``(III) The use of special justice 
                                items by SWAT teams.
                                    ``(IV) The appropriate deployment 
                                of SWAT teams.
                                    ``(V) Civil rights and civil 
                                liberties.
                                    ``(VI) Any other matters on the 
                                training of law enforcement officers 
                                that the head of the State law 
                                enforcement agency considers 
                                appropriate.
                            ``(ii) A list of the instructors who are 
                        certified pursuant to the program or pursuant 
                        to the program conducted by the Secretary of 
                        Homeland Security under section 2010 of the 
                        Homeland Security Act of 2002 shall be 
                        maintained and published.
                    ``(C) Discharge through existing programs.--A State 
                may satisfy the requirement under subparagraph (A) 
                using a program in effect on the date that is 3 years 
                after the date of the enactment of the Protecting 
                Communities and Police Act of 2015 if such program 
                satisfies the requirements in subparagraph (B).
            ``(2) Minimum annual training requirements.--
                    ``(A) Establishment.--On and after the date that is 
                3 years after the date of enactment of the Protecting 
                Communities and Police Act of 2015, a State, and a unit 
                of local government within the State, may not receive 
                covered funds unless the State establishes minimum 
                annual training requirements for all law enforcement 
                officers in the State, including--
                            ``(i) specialized leadership training 
                        requirements for chiefs of police or other 
                        department heads who have--
                                    ``(I) decisionmaking authority on 
                                the deployment of SWAT teams and 
                                tactical military vehicles; or
                                    ``(II) responsibility for drafting 
                                policies on the use of force and SWAT 
                                team deployment;
                            ``(ii) specialized SWAT team training 
                        requirements for all SWAT team members;
                            ``(iii) training in appropriate crowd-
                        control tactics; and
                            ``(iv) not less than 1 training session on 
                        sensitivity, including training on ethnic and 
                        racial bias, cultural diversity, and law 
                        enforcement interaction with disabled 
                        individuals, mentally ill individuals, and new 
                        immigrants.
                    ``(B) Federally certified or state-certified 
                instructors.--The training requirements established by 
                a State under subparagraph (A) may only be satisfied 
                through training conducted by an instructor certified 
                under--
                            ``(i) a program conducted by the Secretary 
                        of Homeland Security under section 2010 of the 
                        Homeland Security Act of 2002; or
                            ``(ii) a program conducted by a State under 
                        paragraph (1).
                    ``(C) Certification of completed training.--On and 
                after the date that is 1 year after the date on which a 
                program is established under paragraph (1), a law 
                enforcement agency may not receive covered funds unless 
                the law enforcement agency certifies to the Attorney 
                General that each sworn law enforcement officer 
                employed by the law enforcement agency has met all 
                applicable minimum annual training requirements 
                established by the State in which the law enforcement 
                agency is located under subparagraph (A) of this 
                paragraph.
                    ``(D) False certification.--The Attorney General 
                shall suspend or terminate the eligibility of a law 
                enforcement agency to receive covered funds if the law 
                enforcement agency intentionally submits a false 
                certification under subparagraph (C) that a law 
                enforcement officer has met the minimum annual training 
                requirements established by the State in which the law 
                enforcement agency is located under subparagraph (A).
                    ``(E) Satisfaction by recent hirees.--The 
                requirements under subparagraph (A) shall provide for 
                the first completion of the training concerned by an 
                individual who becomes an officer in a law enforcement 
                agency or becomes a member of a SWAT team by not later 
                than 1 year after the date on which the individual 
                becomes an officer in the law enforcement agency or 
                becomes a member of a SWAT team, as applicable.
            ``(3) Best practices.--
                    ``(A) In general.--On and after the date that is 2 
                years after the date of enactment of the Protecting 
                Communities and Police Act of 2015, the Attorney 
                General shall publish, periodically review, distribute 
                to each State or unit of local government that applies 
                for a grant under this subpart, and require each such 
                State or unit of local government to distribute to each 
                organization or unit of local government with respect 
                to which the State or unit of local government enters 
                into a contract or makes a subaward under section 
                501(b), best practices for--
                            ``(i) training law enforcement officers and 
                        the use of lethal and non-lethal force by law 
                        enforcement officers;
                            ``(ii) training, use, and deployment of 
                        SWAT teams; and
                            ``(iii) community-oriented police efforts.
                    ``(B) Attorney general updates to congress 
                regarding delay in publication of best practices.--On 
                and after the date that is 2 years after the date of 
                enactment of the Protecting Communities and Police Act 
                of 2015, if the Attorney General has not published the 
                best practices required under subparagraph (A), the 
                Attorney General shall provide quarterly updates to 
                Congress on the reason for the delay in publication and 
                the expected date of publication.
    ``(e) Reporting and Policy Requirements.--
            ``(1) Reporting and recordkeeping requirements for grant 
        funding recipients.--
                    ``(A) SWAT team deployment records.--A law 
                enforcement agency that receives covered funds shall 
                maintain a record of each deployment of a SWAT team by 
                the law enforcement agency, which shall include--
                            ``(i) the type of police activity for which 
                        the SWAT team is deployed;
                            ``(ii) the rationale for the deployment;
                            ``(iii) the nexus between--
                                    ``(I) the use of force policy and 
                                SWAT team policy of the law enforcement 
                                agency; and
                                    ``(II) the police activity for 
                                which the SWAT team is deployed; and
                            ``(iv) a description, written after the 
                        deployment, of whether force or weapons were 
                        used by or against the law enforcement officers 
                        serving on the SWAT team.
                    ``(B) Equipment purchased.--A law enforcement 
                agency that purchases equipment using covered funds 
                shall submit to the Attorney General a report 
                describing the quantity and type of equipment 
                purchased.
            ``(2) DOJ reports.--
                    ``(A) Special justice items.--The Attorney General 
                shall publish and submit to Congress, the Secretary of 
                Defense, and the Secretary of Homeland Security an 
                annual report on special justice items that includes, 
                with respect to the preceding year--
                            ``(i) the number and type of special 
                        justice items purchased using covered funds; 
                        and
                            ``(ii) an appendix describing--
                                    ``(I) each law enforcement agency 
                                that used covered funds to purchase a 
                                special justice item;
                                    ``(II) the number of each special 
                                justice item described in subclause (I) 
                                purchased by each law enforcement 
                                agency; and
                                    ``(III) a summary of the needs 
                                justification statement submitted under 
                                subsection (c)(1)(A)(i) by each law 
                                enforcement agency described in 
                                subclause (I) of this clause.
                    ``(B) Crime rates.--The Attorney General shall 
                collect and publish data on crime rates over time for 
                each jurisdiction in which a law enforcement agency 
                receives covered funds.
                    ``(C) DOJ guides and best practices.--The Attorney 
                General shall conduct periodic surveys on the use of 
                materials published by the Attorney General in print 
                and online relating to local law enforcement training 
                and the use of force, including lethal and non-lethal 
                force.
    ``(f) Whistleblower and Independent Oversight Requirements.--
            ``(1) Whistleblower requirements.--On or after the date 
        that is 3 years after the date of enactment of the Protecting 
        Communities and Police Act of 2015, a State or unit of local 
        government of a State may not receive covered funds unless the 
        chief executive of the State certifies to the Attorney General 
        that the State--
                    ``(A) has in place--
                            ``(i) a program, including a public 
                        complaint hotline, that provides individuals 
                        the ability to disclose any--
                                    ``(I) misuse of equipment purchased 
                                using covered funds; or
                                    ``(II) other waste, fraud, or abuse 
                                in connection with the use of covered 
                                funds; and
                            ``(ii) mechanisms (commonly referred to as 
                        `whistleblower protections') to protect 
                        individuals who make a disclosure described in 
                        clause (i) from retaliatory or other adverse 
                        personnel actions in connection with such 
                        disclosures; and
                    ``(B) publicizes the existence of the program and 
                whistleblower protections described in subparagraph 
                (A).
            ``(2) Certification of oversight and accountability.--
                    ``(A) Certification required.--A law enforcement 
                agency may not receive covered funds unless the head of 
                the law enforcement agency submits to the Attorney 
                General a written certification (in the form of a 
                memorandum of understanding, memorandum of agreement, 
                or letterhead correspondence) that an entity that is 
                unaffiliated with the law enforcement agency is 
                authorized--
                            ``(i) to receive any complaints regarding 
                        the use of special justice items and covered 
                        funds of the law enforcement agency;
                            ``(ii) to periodically review and assess 
                        the use of special justice items and covered 
                        funds by the law enforcement agency; and
                            ``(iii) to make recommendations to the law 
                        enforcement agency regarding the use of special 
                        justice items and covered funds by the law 
                        enforcement agency that are either--
                                    ``(I) non-binding in character; or
                                    ``(II) binding in character, if 
                                authorized by--
                                            ``(aa) a law or ordinance 
                                        governing the law enforcement 
                                        agency or the entity; or
                                            ``(bb) an agreement between 
                                        the governing body of the law 
                                        enforcement agency and 
                                        organizations representing law 
                                        enforcement officers of the law 
                                        enforcement agency.
                    ``(B) Discharge through existing entities.--A law 
                enforcement agency may satisfy the requirement in 
                subparagraph (A) through an entity that exists as of 
                the date of the enactment of the Protecting Communities 
                and Police Act of 2015, including an independent review 
                board, a Federal, State, or local inspector general, a 
                Federal, State, county, or city attorney general, a 
                district attorney, the Federal Bureau of Investigation 
                or another Federal agency, a State agency, a State or 
                local governing body (such as a city council or county 
                commission), a law enforcement council, or an 
                independent entity established by one or more such 
                officials, agencies, or entities on behalf of one or 
                more law enforcement agencies.
    ``(g) Suspension and Termination.--
            ``(1) For lost or stolen items.--If a special justice item 
        purchased by a law enforcement agency using covered funds is 
        lost, stolen, or misappropriated--
                    ``(A) in the case of an offensive weapon or 
                ordnance--
                            ``(i) on the first occurrence in the case 
                        of the law enforcement agency, the Attorney 
                        General, after providing the law enforcement 
                        agency with notice and the opportunity to 
                        contest the allegation, shall suspend the law 
                        enforcement agency from eligibility to receive 
                        covered funds for a period of not less than 6 
                        months; and
                            ``(ii) on the subsequent occurrence in the 
                        case of the law enforcement agency, the 
                        Attorney General, after providing the law 
                        enforcement agency with notice and the 
                        opportunity to contest the allegation, shall 
                        terminate the law enforcement agency from 
                        eligibility to receive covered funds; and
                    ``(B) in the case of a special justice item not 
                described in subparagraph (A)--
                            ``(i) on the third occurrence in the case 
                        of the law enforcement agency, the Director, 
                        after providing the law enforcement agency with 
                        notice and the opportunity to contest the 
                        allegation, shall suspend the law enforcement 
                        agency from eligibility to receive covered 
                        funds for a period of 6 months; and
                            ``(ii) on any subsequent occurrence in the 
                        case of the law enforcement agency, the 
                        Director, after providing the law enforcement 
                        agency with notice and the opportunity to 
                        contest the allegation, shall suspend the law 
                        enforcement agency from eligibility to receive 
                        covered funds for a period of 3 years.
            ``(2) Intentional falsification of information.--If a law 
        enforcement agency is determined by the Attorney General to 
        have intentionally falsified any information relating to the 
        use of covered funds, the Attorney General, after providing the 
        law enforcement agency with notice and the opportunity to 
        contest the determination, shall terminate the law enforcement 
        agency from eligibility to receive covered funds.
    ``(h) Additional Program Oversight.--
            ``(1) Attorney general obligations.--
                    ``(A) Subgrantee oversight.--In conducting 
                oversight of the use of covered funds, the Attorney 
                General shall conduct inspections of some local law 
                enforcement agencies that receive covered funds through 
                a subaward under section 501(b), to ensure compliance 
                with this section.
                    ``(B) Law enforcement expertise.--
                            ``(i) Establishment of position.--The 
                        Attorney General shall appoint individuals with 
                        expertise in State and local law enforcement 
                        agency functions to positions within the Bureau 
                        to assist the Attorney General in assessing 
                        grant applications under this subpart by 
                        determining whether equipment proposed to be 
                        purchased by a law enforcement agency using 
                        covered funds is--
                                    ``(I) appropriate to the mission of 
                                the law enforcement agency; and
                                    ``(II) necessary based on the needs 
                                justification statement submitted by 
                                the law enforcement agency under 
                                subsection (c)(1)(A)(iii).
                            ``(ii) Number of individuals.--The Attorney 
                        General shall appoint as many individuals under 
                        clause (i) as necessary to ensure that--
                                    ``(I) not less than 1 such 
                                individual is involved in the 
                                determination under clause (i) for each 
                                grant application under this subpart; 
                                and
                                    ``(II) the involvement of such 
                                individuals in the process of assessing 
                                grant applications under this subpart 
                                does not delay the process.
                            ``(iii) Managerial experience preferred.--
                        In appointing individuals under clause (i), the 
                        Attorney General shall give preference to 
                        individuals with law enforcement managerial 
                        expertise.
            ``(2) Grant recipient obligations.--
                    ``(A) Recording swat team deployments.--A law 
                enforcement agency may not use covered funds to 
                purchase any item for use by a SWAT team unless the law 
                enforcement agency--
                            ``(i) certifies to the Attorney General 
                        that a video recording shall be made of each 
                        SWAT team deployment involving the use of the 
                        item; and
                            ``(ii) develops, implements, and publishes 
                        a policy for video recording SWAT team 
                        deployments that--
                                    ``(I) describes the appropriate use 
                                of video recording equipment, including 
                                whether such equipment should be left 
                                on at all times;
                                    ``(II) includes mechanisms to 
                                preserve, to the extent practicable, 
                                the integrity and security of a video 
                                recording, including--
                                            ``(aa) a description of the 
                                        personnel of the law 
                                        enforcement agency, and other 
                                        parties, who are authorized to 
                                        access the recording;
                                            ``(bb) mechanisms for the 
                                        storage of the recording; and
                                            ``(cc) measures to ensure 
                                        the cybersecurity of the 
                                        recording (if applicable to the 
                                        storage, retention, and 
                                        retrieval of the recording);
                                    ``(III) includes policies on the 
                                authorized and unauthorized public 
                                release of a video recording; and
                                    ``(IV) includes a requirement that 
                                any video recording of an interaction 
                                between a law enforcement officer and 
                                an individual who is not a law 
                                enforcement officer involving the use 
                                of force (whether deadly or otherwise) 
                                shall be retained by the law 
                                enforcement agency for a period not 
                                shorter than the period of limitation 
                                in the State concerned for actions for 
                                civil rights violations under section 
                                1979 of the Revised Statutes (42 U.S.C. 
                                1983).
                    ``(B) Use of body cameras by law enforcement 
                officers.--A law enforcement agency that uses covered 
                funds to purchase or maintain a body camera, or for 
                related costs, shall have in place, and make available 
                to the public, a policy on the use of a body camera by 
                a law enforcement officer that includes--
                            ``(i) a policy on the appropriate use of a 
                        body camera, including whether the camera 
                        should be left on at all times;
                            ``(ii) mechanisms to preserve, to the 
                        extent practicable, the integrity and security 
                        of a video recording made by a body camera, 
                        including--
                                    ``(I) a description of the 
                                personnel of the law enforcement 
                                agency, and other parties, who are 
                                authorized to access the recording;
                                    ``(II) mechanisms for the storage 
                                of the recording; and
                                    ``(III) measures to ensure the 
                                cybersecurity of the recording (if 
                                applicable to the storage, retention, 
                                and retrieval of the recording);
                            ``(iii) a policy on the authorized and 
                        unauthorized public release of a video 
                        recording; and
                            ``(iv) a requirement that any video 
                        recording of an interaction between a law 
                        enforcement officer and an individual who is 
                        not a law enforcement officer involving the use 
                        of force (whether deadly or otherwise) shall 
                        retained by the law enforcement agency for a 
                        period not shorter than the period of 
                        limitation in the State concerned for actions 
                        for civil rights violations under section 1979 
                        of the Revised Statutes (42 U.S.C. 1983).''.
    (b) Prohibited Uses of Covered Funds.--Section 501(d)(2) of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3751(d)(2)) is amended--
            (1) by redesignating subparagraphs (B) through (E) as 
        subparagraphs (C) through (F), respectively; and
            (2) by inserting after subparagraph (A) the following:
                    ``(B) unmanned aerial vehicles, unmanned aircraft, 
                or unmanned aircraft systems;''.
    (c) Funds for Body Cameras.--Section 505(b) of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755(b)) 
is amended--
            (1) in paragraph (1)--
                    (A) by striking ``60 percent'' and inserting ``57.5 
                percent''; and
                    (B) by striking ``and'' at the end;
            (2) in paragraph (2)--
                    (A) by striking ``40 percent'' and inserting ``37.5 
                percent''; and
                    (B) by striking the period at the end and inserting 
                a semicolon; and
            (3) by adding at the end the following:
            ``(3) 2.5 percent shall be for direct grants to States for 
        the purchase or maintenance of body cameras, dashboard cameras, 
        or gun cameras for law enforcement agencies and related costs; 
        and
            ``(4) 2.5 percent shall be for direct grants to units of 
        local government for the purchase or maintenance of body 
        cameras, dashboard cameras, or gun cameras for law enforcement 
        agencies and related costs.''.

SEC. 8. DEPARTMENT OF JUSTICE REPORTS ON SWAT TEAMS.

    (a) Definition.--In this section, the term ``SWAT team'' means a 
Special Weapons and Tactics team or other specialized tactical team 
composed of sworn law enforcement officers.
    (b) Collection and Analysis of Data.--The Attorney General shall 
collect and analyze data on the use of SWAT teams by Federal, State, 
local, and tribal law enforcement agencies.
    (c) Type of Data.--The data collected and analyzed by the Attorney 
General under subsection (b) shall include--
            (1) the number of deployments of SWAT teams;
            (2) the reason for each deployment of a SWAT team;
            (3) the composition of each SWAT team, including, at 
        minimum, the number of members on each SWAT team;
            (4) the number of law enforcement agencies with SWAT teams, 
        categorized by the overall size of the law enforcement 
        agencies;
            (5) the number of SWAT teams composed of officers from 
        multiple law enforcement agencies;
            (6) the amount of initial training and ongoing training of 
        SWAT teams being conducted;
            (7) the community outreach undertaken to explain and 
        publicize SWAT team deployment policies;
            (8) information on the deployment of SWAT teams in low-
        income neighborhoods; and
            (9) any other information that the Attorney General 
        determines to be relevant.
    (d) Public Availability of Data.--Not less frequently than once 
every 6 months, the Attorney General shall publish the data collected 
under subsection (b).
    (e) Report.--Not less frequently than once every 5 years, the 
Attorney General shall publish a report that contains the analysis 
conducted under subsection (b).

SEC. 9. FEDERAL LAW ENFORCEMENT TRAINING CENTER CERTIFICATION OF 
              INSTRUCTORS IN TRAINING ON USE OF FORCE AND SPECIAL 
              EQUIPMENT.

    (a) In General.--Subtitle A of title XX of the Homeland Security 
Act of 2002 (6 U.S.C. 603 et seq.), as amended by this Act, is amended 
by adding at the end the following:

``SEC. 2010. CERTIFICATION OF INSTRUCTORS IN TRAINING ON USE OF FORCE 
              AND SPECIAL EQUIPMENT.

    ``(a) Definitions.--In this section--
            ``(1) the term `eligible defense item' has the meaning 
        given the term in section 2576a(w) of title 10, United States 
        Code;
            ``(2) the terms `law enforcement agency', `restricted 
        item', and `SWAT team' have the meanings given those terms in 
        section 2009(a); and
            ``(3) the term `special justice item' has the meaning given 
        the term in section 509(a) of the Omnibus Crime Control and 
        Safe Streets Act of 1968.
    ``(b) Certification of Instructors.--On and after the date that is 
3 years after the date of enactment of the Protecting Communities and 
Police Act of 2015, the Secretary shall, through the Federal Law 
Enforcement Training Center, conduct programs to certify instructors to 
conduct training courses on law enforcement tactics for State, local, 
and tribal law enforcement agencies.
    ``(c) Elements.--The programs conducted under this section shall 
include instruction in training on the following:
            ``(1) The use of force by State, local, and tribal law 
        enforcement officers in the ordinary course of their duties.
            ``(2) The use of restricted items, eligible defense items, 
        and special justice items by State, local, and tribal law 
        enforcement officers in the ordinary course of their duties.
            ``(3) The use of restricted items, eligible defense items, 
        and special justice items by SWAT teams.
            ``(4) The appropriate deployment of SWAT teams.
            ``(5) Any other matters on the training of State, local, 
        and tribal law enforcement officers that the Secretary 
        considers appropriate.
    ``(d) List of Certified Instructors.--The Secretary shall maintain 
and publish a list of instructors who are certified pursuant to a 
program conducted under this section.
    ``(e) Administration of State Programs.--The Federal Law 
Enforcement Training Center may enter into an agreement with a State 
to--
            ``(1) manage or implement the State's program for law 
        enforcement instructor certification described in--
                    ``(A) section 2009(d)(1)(A) of this Act;
                    ``(B) section 2576a(o)(1) of title 10, United 
                States Code; or
                    ``(C) section 509(d)(1)(A) of the Omnibus Crime 
                Control and Safe Streets Act of 1968; or
            ``(2) provide certified instructors for a program described 
        in paragraph (1).''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-96; 
116 Stat. 2135), as amended by this Act, is amended by inserting after 
the item relating to section 2009 the following:

``Sec. 2010. Certification of instructors in training on use of force 
                            and special equipment.''.
                                 <all>
```