I 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Commu5 nities and Police Act of 2015’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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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. 

1 SEC. 3. FINDINGS. 

2 Congress finds the following: 

3 (1) There is a lack of reliable data and informa4 tion on the amount and types of weapons and equip5 ment that law enforcement agencies purchase using 

6 Federal funding, and the use and deployment of 

7 those weapons and equipment. 

8 (2) The Federal Government lacks reliable data 

9 and information about the number, composition, and 

10 deployment of Special Weapons and Tactics teams 

11 (referred to in this section as ‘‘SWAT teams’’). 

12 (3) According to estimates, the percentage of 

13 small towns in the United States that had SWAT 

14 teams grew from 20 percent in the 1980s to 80 per15 cent in the mid-2000s. 

16 (4) According to estimates, the number of 

17 SWAT team raids per year grew from 3,000 in the 

18 1980s to 45,000 in the mid-2000s. 

19 (5) The majority of SWAT team deployments 

20 are for the purpose of executing a warrant. 


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1 (6) In 2014, the Federal Government provided 

2 more than $2,000,000,000 in grants and equipment 

3 to law enforcement agencies. 

4 (7) In 2013 and 2014, the Department of De5 fense provided excess Mine Resistant Ambush Pro6 tected vehicles (referred to in this section as 

7 ‘‘MRAPs’’) to 624 local law enforcement agencies 

8 for free. 

9 (8) MRAPs can weigh up to 17 tons and cost 

10 up to $600,000, and are known to damage road sur11 faces due to their weight. 

12 (9) State and local governments that are re13 sponsible for oversight of their law enforcement 

14 agencies are not always aware of equipment and 

15 grant funding that the law enforcement agencies ob16 tain from the Federal Government. 

17 SEC. 4. TASK FORCE TO ASSIST FEDERAL OFFICIALS IN DE18 TERMINING APPROPRIATENESS OF ITEMS 

19 FOR USE BY LAW ENFORCEMENT. 

20 (a) IN GENERAL.—The Administrator of the Federal 

21 Emergency Management Agency, the Director of the De22 fense Logistics Agency, and the Attorney General shall 

23 jointly appoint a task force to assist each such official in 

24 discharging certain functions as required under— 


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1 (1) section 2009 of the Homeland Security Act 

2 of 2002, as added by section 5; 

3 (2) section 2576a of title 10, United States 

4 Code, as added by section 6; and 

5 (3) section 509 of the Omnibus Crime Control 

6 and Safe Streets Act of 1968, as added by section 

7 7. 

8 (b) MEMBERS.—The task force appointed under this 

9 section shall include the following: 

10 (1) One representative from a law enforcement 

11 agency within the Department of Homeland Secu12 rity. 

13 (2) An individual appointed under section 

14 2009(h)(2) of the Homeland Security Act of 2002, 

15 as added by section 5. 

16 (3) In consultation with the Director of the 

17 Federal Bureau of Investigation, 1 representative 

18 from the Federal Bureau of Investigation or the 

19 FBI Academy. 

20 (4) An individual employed by the Defense Lo21 gistics Agency pursuant to section 2576a(e)(2) of 

22 title 10, United States Code, as added by section 6. 

23 (5) An individual appointed under section 

24 509(h)(1)(B) of the Omnibus Crime Control and 

25 Safe Streets Act of 1968, as added by section 7. 


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1 (6) One representative of each of the Fraternal 

2 Order of Police, the National Tactical Officers Asso3 ciation, the International Association of Bomb Tech4 nicians and Investigators, the National Bomb Squad 

5 Commanders Advisory Board, the Airborne Law En6 forcement Association, the International Association 

7 of Chiefs of Police, the National Sheriffs Associa8 tion, the National Governors Association, and the 

9 United States Conference of Mayors. 

10 (7) An individual unaffiliated with an organiza11 tion specified in paragraph (6) who has a doctoral 

12 or masters degree in criminology or criminal justice 

13 and a demonstrated expertise in police tactics. 

14 (8) One or more individuals from an organiza15 tion or organizations whose mission is related to the 

16 protection of civil rights and liberties, including the 

17 American Civil Liberties Union, the Center for Con18 stitutional Rights, the Lawyers Committee for Civil 

19 Rights Under Law, the Leadership Conference on 

20 Civil and Human Rights, the National Association 

21 for the Advancement of Colored People, the NAACP 

22 Legal Defense and Educational Fund, Inc., the Na23 tional Urban League, and the Rainbow PUSH Coali24 tion, selected by the Administrator in consultation 

25 with the head of such organization. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for the activities of the 

3 task force appointed under this section $1,000,000 for 

4 each of fiscal years 2015, 2016, and 2017. 

5 SEC. 5. URBAN AREAS SECURITY INITIATIVE AND STATE 

6 HOMELAND SECURITY GRANT PROGRAM. 

7 (a) IN GENERAL.—Subtitle A of title XX of the 

8 Homeland Security Act of 2002 (6 U.S.C. 603 et seq.) 

9 is amended by adding at the end the following: 

10 ‘‘SEC. 2009. USE OF FUNDS BY LAW ENFORCEMENT. 

11 ‘‘(a) DEFINITIONS.—In this section— 

12 ‘‘(1) the term ‘Authorized Equipment List’ 

13 means the Authorized Equipment List published by 

14 the Grant Programs Directorate of the Federal 

15 Emergency Management Agency; 

16 ‘‘(2) the term ‘covered funds’ means funds 

17 awarded under section 2003 or 2004; 

18 ‘‘(3) the term ‘law enforcement agency’— 

19 ‘‘(A) means an agency or entity with law 

20 enforcement officers— 

21 ‘‘(i) who have arrest and apprehension 

22 authority; and 

23 ‘‘(ii) whose primary function is to en24 force the laws; 


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1 ‘‘(B) includes a local educational agency 

2 with officers described in subparagraph (A); 

3 and 

4 ‘‘(C) does not include a firefighting agency 

5 or entity; 

6 ‘‘(4) the term ‘law enforcement council’ means 

7 a consortium of law enforcement agencies operating 

8 in a partnership within a region to promote and en9 hance public safety; 

10 ‘‘(5) the term ‘law enforcement equipment list’ 

11 means the list of items designated by the Adminis12 trator under subsection (b)(1)(B); 

13 ‘‘(6) the term ‘local educational agency’ has the 

14 meaning given that term in section 8013(9) of the 

15 Elementary and Secondary Education Act of 1965 

16 (20 U.S.C. 7713(9)); 

17 ‘‘(7) the term ‘prohibited item’ means an item 

18 that is not on the law enforcement equipment list; 

19 ‘‘(8) the term ‘restricted item’ means— 

20 ‘‘(A) tactical law enforcement ballistic pro21 tection equipment, including body armor, a bal22 listic helmet, a ballistic shield, a battle dress 

23 uniform, or camouflage uniforms or clothing; 

24 ‘‘(B) a remotely piloted aerial vehicle; 

25 ‘‘(C) a tactical military vehicle; 


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1 ‘‘(D) facial recognition software; 

2 ‘‘(E) watercraft; or 

3 ‘‘(F) manned aircraft; 

4 ‘‘(9) the term ‘SWAT team’ means a Special 

5 Weapons and Tactics team or other specialized tac6 tical team composed of sworn law enforcement offi7 cers; and 

8 ‘‘(10) the term ‘tactical military vehicle’ means 

9 an armored vehicle having military characteristics 

10 resulting from military research and development 

11 processes, designed primarily for use by forces in the 

12 field in direct connection with, or support of, combat 

13 or tactical operations. 

14 ‘‘(b) ASSESSMENT OF AUTHORIZED EQUIPMENT

15 LIST; DESIGNATION OF APPROVED ITEMS.— 

16 ‘‘(1) IN GENERAL.—The Administrator shall, in 

17 consultation with the task force appointed under sec18 tion 4 of the Protecting Communities and Police Act 

19 of 2015— 

20 ‘‘(A) as soon as practicable after the date 

21 of enactment of the Protecting Communities 

22 and Police Act of 2015, assess the appropriate23 ness of items on the Authorized Equipment List 

24 for use by law enforcement agencies in counter25 terrorism activities; 


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1 ‘‘(B) not later than 3 years after the date 

2 of enactment of the Protecting Communities 

3 and Police Act of 2015, based on the assess4 ment conducted under subparagraph (A) and in 

5 accordance with the procedures required under 

6 paragraph (2), designate a list of items, which 

7 may include restricted items, that may be pur8 chased using covered funds for use by a law en9 forcement agency; and 

10 ‘‘(C) not less frequently than once every 5 

11 years, review and revise, as appropriate, the list 

12 of items designated under subparagraph (B). 

13 ‘‘(2) PUBLICATION.—The Administrator shall 

14 publish the law enforcement equipment list on the 

15 website of the Department and in the Federal Reg16 ister. 

17 ‘‘(3) PROHIBITED ITEMS.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 subparagraph (B), a law enforcement agency 

20 may not— 

21 ‘‘(i) use covered funds to purchase a 

22 prohibited item; or 

23 ‘‘(ii) receive a prohibited item that 

24 was purchased using covered funds. 


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1 ‘‘(B) EXCEPTION FOR THREATS TO NA2 TIONAL SECURITY.—A law enforcement agency 

3 may purchase a prohibited item using covered 

4 funds, or receive a prohibited item that was 

5 purchased using covered funds, if— 

6 ‘‘(i) the Administrator determines 

7 that the prohibited item will be useful in 

8 preventing or mitigating damage resulting 

9 from a threat to national security; 

10 ‘‘(ii) the law enforcement agency has 

11 in place an agreement with the National 

12 Guard of the State in which the law en13 forcement agency is located for the storage 

14 of the prohibited item at a National Guard 

15 site; and 

16 ‘‘(iii) the law enforcement agency pro17 vides a copy of the agreement described in 

18 clause (ii) to the Administrator. 

19 ‘‘(4) REPORTS TO CONGRESS ON EXPECTED

20 PUBLICATION OF FINAL LAW ENFORCEMENT EQUIP21 MENT LIST.—Beginning in the third full fiscal year 

22 after the date of enactment of the Protecting Com23 munities and Police Act of 2015, the Administrator 

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1 pected date of publication of the final law enforce2 ment equipment list. 

3 ‘‘(5) AUTHORITY TO MAKE GRANTS CONTIN4 GENT ON PUBLICATION OF FINAL LIST.—Beginning 

5 in the fifth full fiscal year after the date of enact6 ment of the Protecting Communities and Police Act 

7 of 2015, the Administrator shall withhold from a 

8 grant awarded under section 2003 or 2004 any 

9 amounts that are intended for use by a law enforce10 ment agency unless the Administrator has published 

11 a final law enforcement equipment list. 

12 ‘‘(c) OTHER RESTRICTIONS AND LIMITATIONS ON

13 USE OF COVERED FUNDS.— 

14 ‘‘(1) RESTRICTED ITEMS PURCHASED USING

15 COVERED FUNDS.— 

16 ‘‘(A) REQUIREMENTS.—A law enforcement 

17 agency may not receive or use covered funds for 

18 the purchase of a restricted item, or receive a 

19 restricted item purchased using covered funds, 

20 unless the law enforcement agency— 

21 ‘‘(i) except as provided in subpara22 graph (B), publishes a needs justification 

23 statement— 

24 ‘‘(I) that, except as provided in 

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1 tion required under subparagraph (D) 

2 if that information is not otherwise 

3 publicly available; and 

4 ‘‘(II) from which the law enforce5 ment agency may redact— 

6 ‘‘(aa) the information re7 quired under clause (x) or (xi) of 

8 subparagraph (D); and 

9 ‘‘(bb) with respect to the 

10 training records required under 

11 clause (vi), any personally identi12 fiable information and all but the 

13 title and subject of such training; 

14 ‘‘(ii) obtains the approval of the head 

15 of the State, political subdivision of a 

16 State, or Indian tribe of which the law en17 forcement agency is an agency to obtain 

18 the restricted items; and 

19 ‘‘(iii) submits the needs justification 

20 statement, including all information re21 quired under subparagraph (D), to the 

22 State, high-risk urban area, or directly eli23 gible tribe from which the law enforcement 

24 agency is to receive the covered funds or 

25 restricted item. 


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1 ‘‘(B) ONGOING OPERATIONS.—The re2 quirements under subparagraph (A) shall not 

3 apply to a law enforcement agency that obtains 

4 a restricted item that was purchased using cov5 ered funds to be used in an active, ongoing 

6 counterterrorism operation. 

7 ‘‘(C) NOTIFICATION TO ADMINISTRATOR

8 REGARDING APPROVAL OF CERTAIN APPLICA9 TIONS.—If an official other than the Adminis10 trator approves an application for a grant 

11 under section 2003 or 2004 that proposes to 

12 use funds for the purchase of a restricted item, 

13 the official shall notify the Administrator of the 

14 approval before distributing those funds. 

15 ‘‘(D) NEEDS JUSTIFICATION STATE16 MENTS.—A needs justification statement of a 

17 law enforcement agency shall include the fol18 lowing: 

19 ‘‘(i) The type and number of re20 stricted items proposed to be purchased on 

21 behalf of, or distributed to, the law en22 forcement agency. 

23 ‘‘(ii) The number of sworn law en24 forcement officers of the law enforcement 

25 agency. 


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1 ‘‘(iii) The number, if any, of items 

2 similar to the restricted item that the law 

3 enforcement agency has in good working 

4 condition. 

5 ‘‘(iv) The number and type of items, 

6 if any, that the law enforcement agency 

7 has that were— 

8 ‘‘(I) transferred to the law en9 forcement agency under section 2576a 

10 of title 10, United States Code; or 

11 ‘‘(II) purchased using funds from 

12 the Edward Byrne Memorial Justice 

13 Assistance Grant Program under sub14 part 1 of part E of title I of the Om15 nibus Crime Control and Safe Streets 

16 Act of 1968 (42 U.S.C. 3750 et seq.) 

17 during the 5-year period preceding the 

18 date on which the statement is pub19 lished. 

20 ‘‘(v) The use of force policy of the law 

21 enforcement agency. 

22 ‘‘(vi) Whether the law enforcement 

23 agency intends for a SWAT team to use 

24 the restricted item, and, if so, the training 


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1 records of the SWAT team, including the 

2 course outlines of such training. 

3 ‘‘(vii) Whether the law enforcement 

4 agency has or plans to adopt a memo5 randum of understanding or other joint 

6 use agreement for the shared use of the re7 stricted item with any other law enforce8 ment agency. 

9 ‘‘(viii) The capability gap to be filled 

10 by the restricted item, and a description of 

11 the proposed use of the restricted item by 

12 the law enforcement agency. 

13 ‘‘(ix) Whether a consent decree is in 

14 effect between the United States and the 

15 law enforcement agency relating to civil 

16 rights abuses or excessive use of force. 

17 ‘‘(x) Whether the law enforcement 

18 agency is currently under investigation, or 

19 has been under investigation during the 

20 preceding 10 years, by the Department of 

21 Justice, an inspector general, or any equiv22 alent State or local entity for civil rights 

23 abuses or excessive use of force. 

24 ‘‘(xi) Whether the head of the law en25 forcement agency has ever been determined 


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1 by the Department of Justice, an inspector 

2 general, or any equivalent State or local 

3 entity to have engaged in civil rights 

4 abuses or excessive use of force, if such in5 formation is publicly available. 

6 ‘‘(xii)(I) Whether the law enforcement 

7 agency requested funds from a regional, 

8 State, or local political entity to purchase 

9 the requested item; 

10 ‘‘(II) if the law enforcement agency 

11 requested funds from a regional, State, or 

12 local political entity and the request was 

13 denied, a statement of the reason or rea14 sons for the denial; and 

15 ‘‘(III) if the law enforcement agency 

16 did not request funds from a regional, 

17 State, or local political entity, a statement 

18 explaining why the law enforcement agency 

19 did not do so. 

20 ‘‘(xiii) A certification that any item on 

21 the law enforcement equipment list pur22 chased using covered funds has not been, 

23 and will not be, used by a SWAT team of 

24 the law enforcement agency engaging in 


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1 routine patrol-related incidents, non-tac2 tical incidents, or non-tactical assignments. 

3 ‘‘(xiv) Any other information on the 

4 recent record of the law enforcement agen5 cy regarding civil rights and the excessive 

6 use of force that the Administrator deter7 mines appropriate. 

8 ‘‘(2) RESTRICTIONS ON SMALL AGENCIES.— 

9 ‘‘(A) TACTICAL MILITARY VEHICLES.—A 

10 law enforcement agency with 10 or fewer sworn 

11 law enforcement officers— 

12 ‘‘(i) that has 1 or more functioning 

13 tactical military vehicles may not— 

14 ‘‘(I) use covered funds for the 

15 purchase of a tactical military vehicle; 

16 or 

17 ‘‘(II) receive a tactical military 

18 vehicle purchased using covered funds; 

19 ‘‘(ii) that does not have a functioning 

20 tactical military vehicle may— 

21 ‘‘(I) use covered funds for the 

22 purchase of not more than 1 tactical 

23 military vehicle; or 


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1 ‘‘(II) receive not more than 1 

2 tactical military vehicle purchased 

3 using covered funds; or 

4 ‘‘(iii) that is the designated procure5 ment agency for a multi-jurisdictional 

6 joint-use agreement may use covered funds 

7 for the purchase of more than 1 tactical 

8 military vehicle, or receive more than 1 

9 tactical military vehicle purchased using 

10 covered funds, if agency purchases or re11 ceives not more than 1 tactical military ve12 hicle for every 10 sworn law enforcement 

13 officers covered by the joint-use agreement. 

14 ‘‘(B) LIMITATION ON USE OF COVERED

15 FUNDS BY SMALL SWAT TEAMS.—A law en16 forcement agency may not use covered funds to 

17 purchase a restricted item, or receive a re18 stricted item purchased using covered funds, for 

19 use by a SWAT team— 

20 ‘‘(i) composed of fewer than 17 sworn 

21 law enforcement officers; 

22 ‘‘(ii) composed entirely of members 

23 from a single law enforcement agency that 

24 has fewer than 35 sworn law enforcement 

25 officers; 


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1 ‘‘(iii) composed of members from 2 or 

2 more law enforcement agencies that have, 

3 in aggregate, fewer than 35 sworn law en4 forcement officers; or 

5 ‘‘(iv) in a routine patrol-related inci6 dent, non-tactical incident, or non-tactical 

7 assignment. 

8 ‘‘(3) TRANSPORTATION COSTS.—Covered funds 

9 may not be used to pay the cost of transporting an 

10 eligible defense item transferred to a law enforce11 ment agency under section 2576a of title 10, United 

12 States Code. 

13 ‘‘(4) AGENCIES UNDER CONSENT DECREES OR

14 CIVIL RIGHTS INVESTIGATIONS.—A law enforcement 

15 agency for which a consent decree is in effect be16 tween the United States and the law enforcement 

17 agency, or that is under investigation by the Depart18 ment of Justice, relating to civil rights abuses or ex19 cessive use of force may not— 

20 ‘‘(A) use covered funds to purchase a re21 stricted item; or 

22 ‘‘(B) receive a restricted item that was 

23 purchased using covered funds. 

24 ‘‘(d) TRAINING AND CERTIFICATION.— 


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1 ‘‘(1) STATE CERTIFICATION OF LAW ENFORCE2 MENT INSTRUCTORS ON LAW ENFORCEMENT TAC3 TICS AND THE USE OF RESTRICTED ITEMS.— 

4 ‘‘(A) IN GENERAL.—On and after the date 

5 that is 3 years after the date of enactment of 

6 the Protecting Communities and Police Act of 

7 2015, a State, any jurisdiction within the State, 

8 and any directly eligible tribe any part of which 

9 is located within the State, may not receive cov10 ered funds for use by a law enforcement agency 

11 to purchase a restricted item unless the Gov12 ernor or highest official of the State certifies to 

13 the Administrator that the State conducts a 

14 program for certifying law enforcement instruc15 tors in the provision of training on law enforce16 ment tactics and investigations that meets the 

17 requirements under subparagraph (B). 

18 ‘‘(B) PROGRAM REQUIREMENTS.—The re19 quirements for a program described in subpara20 graph (A) are the following: 

21 ‘‘(i) The program shall include in22 struction in training on the following: 

23 ‘‘(I) The use of force by law en24 forcement officers in the ordinary 

25 course of their duties. 


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1 ‘‘(II) The use of restricted items 

2 by law enforcement officers in the or3 dinary course of their duties. 

4 ‘‘(III) The use of restricted items 

5 by SWAT teams. 

6 ‘‘(IV) The appropriate deploy7 ment of SWAT teams. 

8 ‘‘(V) Civil rights and civil lib9 erties. 

10 ‘‘(VI) Any other matters on the 

11 training of law enforcement officers 

12 that the head of the State law en13 forcement agency considers appro14 priate. 

15 ‘‘(ii) A list of the instructors who are 

16 certified pursuant to the program or pur17 suant to the program conducted by the 

18 Secretary under section 2010 shall be 

19 maintained and published. 

20 ‘‘(C) DISCHARGE THROUGH EXISTING PRO21 GRAMS.—A State may satisfy the requirement 

22 under subparagraph (A) using a program in ef23 fect on the date that is 3 years after the date 

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1 nities and Police Act of 2015 if such program 

2 satisfies the requirements in subparagraph (B). 

3 ‘‘(2) MINIMUM ANNUAL TRAINING REQUIRE4 MENTS.— 

5 ‘‘(A) ESTABLISHMENT.—On and after the 

6 date that is 3 years after the date of enactment 

7 of the Protecting Communities and Police Act 

8 of 2015, a State, any jurisdiction within the 

9 State, and any directly eligible tribe any part of 

10 which is located within the State, may not re11 ceive covered funds, or equipment purchased 

12 using covered funds, unless the State estab13 lishes minimum annual training requirements 

14 for all sworn law enforcement officers in the 

15 State, including— 

16 ‘‘(i) specialized leadership training re17 quirements for heads of law enforcement 

18 agencies who have— 

19 ‘‘(I) decisionmaking authority on 

20 the deployment of SWAT teams and 

21 tactical military vehicles; or 

22 ‘‘(II) responsibility for drafting 

23 policies on the use of force and SWAT 

24 team deployment; 


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1 ‘‘(ii) specialized SWAT team training 

2 requirements for all SWAT team members 

3 in law enforcement tactics used in tactical 

4 operations; 

5 ‘‘(iii) training in the appropriate use 

6 and deployment of tactical military vehi7 cles; and 

8 ‘‘(iv) not less than 1 training session 

9 on sensitivity, including training on ethnic 

10 and racial bias, cultural diversity, and law 

11 enforcement interaction with disabled indi12 viduals, mentally ill individuals, and new 

13 immigrants. 

14 ‘‘(B) FEDERALLY CERTIFIED OR STATE15 CERTIFIED INSTRUCTORS.—The training re16 quirements established by a State under sub17 paragraph (A) may only be satisfied through 

18 training conducted by an instructor certified 

19 under— 

20 ‘‘(i) the program conducted by the 

21 Secretary under section 2010; or 

22 ‘‘(ii) a program conducted by a State 

23 under paragraph (1). 

24 ‘‘(C) CERTIFICATION OF COMPLETED

25 TRAINING.—On and after the date that is 1 


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1 year after the date on which a program is es2 tablished under paragraph (1), a law enforce3 ment agency may not directly or indirectly re4 ceive covered funds, or receive equipment pur5 chased using covered funds, unless the law en6 forcement agency certifies to the entity from 

7 which the law enforcement agency is seeking 

8 funds or equipment that, during the preceding 

9 year, each sworn law enforcement officer em10 ployed by the law enforcement agency met all 

11 applicable minimum annual training require12 ments established by the State in which the law 

13 enforcement agency is located under subpara14 graph (A) of this paragraph, including special15 ized SWAT team training requirements. 

16 ‘‘(D) FALSE CERTIFICATION.—The Admin17 istrator shall suspend or terminate the eligi18 bility of a law enforcement agency to directly or 

19 indirectly receive covered funds, or receive 

20 equipment purchased using covered funds, if 

21 the law enforcement agency intentionally sub22 mits a false certification under subparagraph 

23 (C) that a law enforcement officer met the min24 imum annual training requirements established 


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1 by the State in which the agency is located 

2 under subparagraph (A). 

3 ‘‘(E) SATISFACTION BY RECENT HIREES.— 

4 The requirements under subparagraph (A) shall 

5 provide for the first completion of the training 

6 concerned by an individual who becomes an offi7 cer in a law enforcement agency or a member 

8 of a SWAT team by not later than 1 year after 

9 the date on which the individual becomes an of10 ficer in the law enforcement agency or a mem11 ber of a SWAT team, as applicable. 

12 ‘‘(e) REPORTING REQUIREMENTS.— 

13 ‘‘(1) ANNUAL REPORTS BY ADMINISTRATOR.— 

14 The Administrator shall make public and submit to 

15 Congress and the Attorney General— 

16 ‘‘(A) an annual report on the purchase by 

17 law enforcement agencies of restricted items 

18 purchased using covered funds; and 

19 ‘‘(B) an annual report on the purchase and 

20 use by law enforcement agencies of tactical 

21 military vehicles and remotely piloted aerial ve22 hicles purchased using covered funds. 

23 ‘‘(2) GRANT APPLICANTS AND RECIPIENTS.— 

24 ‘‘(A) LIST OF EQUIPMENT PURCHASED.— 

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1 tion 2003 or 2004, a State, high-risk urban 

2 area, or directly eligible tribe shall submit to 

3 the Administrator, as part of the report sub4 mitted under section 2022(b)(1)(A) relating to 

5 the last quarter of any fiscal year, a description 

6 of the quantity and specific type of equipment 

7 purchased by the recipient and any subgrantee 

8 of the recipient using covered funds. 

9 ‘‘(B) AGENCIES WITH SPECIAL EQUIP10 MENT.—As a condition of receiving a grant 

11 under section 2003 or 2004, a State, high-risk 

12 urban area, or directly eligible tribe shall sub13 mit to the Administrator a report that de14 scribes, for each law enforcement agency that 

15 purchased a restricted item using covered funds 

16 made available by the State, high-risk urban 

17 area, or directly eligible tribe, or received a re18 stricted item that the State, high-risk urban 

19 area, or directly eligible tribe purchased using 

20 covered funds— 

21 ‘‘(i) the needs justification statement 

22 that the law enforcement agency submitted 

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1 stricted item under subsection 

2 (c)(1)(A)(iii); and 

3 ‘‘(ii) the number and types of re4 stricted items that the law enforcement 

5 agency purchased or received. 

6 ‘‘(C) SWAT TEAM DEPLOYMENT

7 RECORDS.—A law enforcement agency that uses 

8 covered funds to purchase a tactical military ve9 hicle, or receives a tactical military vehicle pur10 chased using covered funds, for use by a SWAT 

11 team shall maintain a record of each deploy12 ment of the tactical military vehicle by the 

13 SWAT team, which shall include— 

14 ‘‘(i) the type of police activity for 

15 which the tactical military vehicle is de16 ployed; 

17 ‘‘(ii) the rationale for the deployment; 

18 ‘‘(iii) the nexus between— 

19 ‘‘(I) the use of force policy and 

20 SWAT team policy of the law enforce21 ment agency, if applicable; and 

22 ‘‘(II) the police activity for which 

23 the tactical military vehicle is de24 ployed; and 


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1 ‘‘(iv) a description, written after the 

2 deployment, of whether force or weapons 

3 were used by or against the law enforce4 ment officers deploying the tactical mili5 tary vehicle. 

6 ‘‘(f) WHISTLEBLOWER AND INDEPENDENT OVER7 SIGHT REQUIREMENTS.— 

8 ‘‘(1) WHISTLEBLOWER REQUIREMENTS.—On or 

9 after the date that is 3 years after the date of enact10 ment of the Protecting Communities and Police Act 

11 of 2015, a State, any jurisdiction within the State, 

12 and any directly eligible tribe any part of which is 

13 located within the State, may not directly or indi14 rectly receive covered funds for the purchase of a re15 stricted item unless the Governor or highest officer 

16 of the State certifies to the Administrator that the 

17 State— 

18 ‘‘(A) has in place— 

19 ‘‘(i) a program, including a public 

20 complaint hotline, that provides individuals 

21 the ability to disclose any— 

22 ‘‘(I) misuse of equipment pur23 chased using covered funds; or 


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1 ‘‘(II) other waste, fraud, or abuse 

2 in connection with the use of covered 

3 funds; and 

4 ‘‘(ii) mechanisms (commonly referred 

5 to as ‘whistleblower protections’) to protect 

6 individuals who make a disclosure de7 scribed in clause (i) from retaliatory or 

8 other adverse personnel actions in connec9 tion with such disclosures; and 

10 ‘‘(B) publicizes the existence of the pro11 gram and whistleblower protections described in 

12 subparagraph (A). 

13 ‘‘(2) CERTIFICATION OF OVERSIGHT AND AC14 COUNTABILITY.— 

15 ‘‘(A) CERTIFICATION REQUIRED.—A law 

16 enforcement agency may not receive a restricted 

17 item purchased using covered funds, or directly 

18 or indirectly receive covered funds to purchase 

19 a restricted item, unless the head of the law en20 forcement agency submits to the Administrator 

21 a written certification (in the form of a memo22 randum of understanding, memorandum of 

23 agreement, or letterhead correspondence) that 

24 an entity that does not report to the head of 

25 the law enforcement agency is authorized— 


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1 ‘‘(i) to receive any complaints regard2 ing the use of any equipment and funds of 

3 the law enforcement agency; 

4 ‘‘(ii) to periodically review and assess 

5 the use of such equipment and funds by 

6 the law enforcement agency; and 

7 ‘‘(iii) to make recommendations to the 

8 law enforcement agency regarding the use 

9 of such equipment and funds by the law 

10 enforcement agency that are either— 

11 ‘‘(I) non-binding in character; or 

12 ‘‘(II) binding in character, if au13 thorized by— 

14 ‘‘(aa) a law or ordinance 

15 governing the law enforcement 

16 agency or the entity; or 

17 ‘‘(bb) an agreement between 

18 the law enforcement agency and 

19 organizations representing law 

20 enforcement officers of the law 

21 enforcement agency. 

22 ‘‘(B) DISCHARGE THROUGH EXISTING EN23 TITIES.—A law enforcement agency may satisfy 

24 the requirement in subparagraph (A) through 

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1 ment of the Protecting Communities and Police 

2 Act of 2015, including an independent review 

3 board, a Federal, State, or local inspector gen4 eral, a Federal, State, county, or city attorney 

5 general, a district attorney, the Federal Bureau 

6 of Investigation or another Federal agency, a 

7 State agency, a State or local governing body 

8 (such as a city council or county commission), 

9 a law enforcement council, or an independent 

10 entity established by one or more such officials, 

11 agencies, or entities on behalf of one or more 

12 law enforcement agencies. 

13 ‘‘(g) SUSPENSION AND TERMINATION.— 

14 ‘‘(1) FOR LOST OR STOLEN ITEMS.—As a con15 dition of receiving a grant under section 2003 or 

16 2004, a State, high-risk urban area, or directly eligi17 ble tribe shall implement procedures under which, if 

18 a restricted item that was purchased using covered 

19 funds and is in the possession of a law enforcement 

20 agency is lost, stolen, or misappropriated— 

21 ‘‘(A) on the first occurrence, and after the 

22 law enforcement agency is provided with notice 

23 and the opportunity to contest the allegation, 

24 the eligibility of the law enforcement agency to 

25 receive covered funds to purchase a restricted 


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1 item, or to receive a restricted item purchased 

2 using covered funds, shall be suspended for a 

3 period of not less than 6 months; and 

4 ‘‘(B) on the subsequent occurrence, and 

5 after the law enforcement agency is provided 

6 with notice and the opportunity to contest the 

7 allegation, the eligibility of the law enforcement 

8 agency to receive covered funds or receive a re9 stricted item purchased using covered funds 

10 shall be suspended for a period of not less than 

11 5 years. 

12 ‘‘(2) INTENTIONAL FALSIFICATION OF INFOR13 MATION.—As a condition of receiving a grant under 

14 section 2003 or 2004, a State, high-risk urban area, 

15 or directly eligible tribe shall implement procedures 

16 under which the eligibility of a law enforcement 

17 agency to receive covered funds, or to receive a re18 stricted item purchased using covered funds, shall, if 

19 the law enforcement agency is determined to have 

20 intentionally falsified any information relating to the 

21 purchase or receipt of a restricted item, and after 

22 the law enforcement agency is provided with notice 

23 and the opportunity to contest the allegation, be sus24 pended for a period of not less than 5 years. 


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1 ‘‘(3) DISCLOSURE TO ADMINISTRATOR.—Each 

2 State, high-risk urban area, or directly eligible tribe 

3 that receives a grant under section 2003 or 2004 

4 shall submit to the Administrator an annual report 

5 that describes each law enforcement agency that is 

6 ineligible, due to a suspension or termination under 

7 paragraph (1) or (2), to receive covered funds to 

8 purchase a restricted item, or to receive a restricted 

9 item purchased using covered funds. 

10 ‘‘(h) LAW ENFORCEMENT EXPERTISE.— 

11 ‘‘(1) DEFINITION.—In this subsection, the term 

12 ‘covered grant application’ means a grant applica13 tion under section 2003 or 2004 that proposes to— 

14 ‘‘(A) use funds for the purchase of a re15 stricted item for use by a law enforcement 

16 agency; or 

17 ‘‘(B) provide funds to a law enforcement 

18 agency for the purchase of a restricted item. 

19 ‘‘(2) APPOINTMENT.—The Administrator shall 

20 appoint individuals with expertise in State, county, 

21 or local law enforcement agency functions to assist 

22 the Administrator in— 

23 ‘‘(A) determining which items are appro24 priate for inclusion on the law enforcement 

25 equipment list; and 


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1 ‘‘(B) assessing covered grant applications. 

2 ‘‘(3) NUMBER OF INDIVIDUALS.—The Adminis3 trator shall appoint as many individuals under para4 graph (2) as necessary to ensure that— 

5 ‘‘(A) not less that 1 such individual as6 sesses each covered grant application; and 

7 ‘‘(B) the involvement of such individuals in 

8 the process of assessing covered grant applica9 tions does not substantially delay the process. 

10 ‘‘(4) MANAGERIAL EXPERIENCE PREFERRED.— 

11 In appointing individuals under paragraph (2), the 

12 Administrator shall give preference to individuals 

13 with law enforcement managerial experience.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

15 The table of contents in section 1(b) of the Homeland Se16 curity Act of 2002 (Public Law 107–96; 116 Stat. 2135) 

17 is amended by inserting after the item relating to section 

18 2008 the following: 

‘‘Sec. 2009. Use of funds by law enforcement.’’. 

19 SEC. 6. MODIFICATION OF AUTHORITY TO TRANSFER DE20 PARTMENT OF DEFENSE PROPERTY FOR LAW 

21 ENFORCEMENT ACTIVITIES. 

22 (a) RESTATEMENT AND MODIFICATION OF CURRENT

23 AUTHORITY FOR TRANSFER FOR STATE AND LOCAL LAW

24 ENFORCEMENT ACTIVITIES.—Section 2576a of title 10, 

25 United States Code, is amended to read as follows: 


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1 ‘‘§ 2576a. Excess personal property: sale or donation 

2 of certain controlled defense items for 

3 State or local law enforcement activities 

4 ‘‘(a) TRANSFER AUTHORIZED.—Notwithstanding 

5 any other provision of law and subject to the provisions 

6 of this section, the Secretary of Defense may transfer to 

7 State and local law enforcement agencies for law enforce8 ment activities controlled defense items of the Department 

9 of Defense, including small arms and ammunition, that 

10 are determined in accordance with subsection (f) to be eli11 gible defense items for purposes of this section. 

12 ‘‘(b) NO TRANSFER OF ITEMS REQUESTED BY FED13 ERAL AGENCIES.—An item may not be transferred under 

14 this section if requested for transfer by a Federal agency 

15 under section 2576b of this title. 

16 ‘‘(c) CONDITIONS FOR TRANSFER.—The Secretary of 

17 Defense may transfer items under this section only if— 

18 ‘‘(1) the items are drawn from existing stocks 

19 of the Department of Defense; 

20 ‘‘(2) the recipient accepts the items on an as21 is, where-is basis; 

22 ‘‘(3) the transfer is made without the expendi23 ture of any funds available to the Department of 

24 Defense for the procurement of defense equipment; 


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1 ‘‘(4) all costs incurred subsequent to the trans2 fer of the items are borne or reimbursed by the re3 cipient; and 

4 ‘‘(5) the recipient agrees to comply with any in5 ventory, accountability, reporting, and disposal re6 quirements prescribed in the regulations for pur7 poses of this section under subsection (g). 

8 ‘‘(d) CONSIDERATION.—Subject to subsection (c)(4), 

9 the Secretary of Defense may transfer items under this 

10 section without charge to the recipient agency. 

11 ‘‘(e) ASSISTANCE FOR DIRECTOR OF DLA IN DIS12 CHARGE OF CERTAIN FUNCTION BY EXPERTS IN LAW

13 ENFORCEMENT ACTIVITIES.— 

14 ‘‘(1) IN GENERAL.—The Director of the De15 fense Logistics Agency shall employ in the Defense 

16 Logistics Agency individuals with expertise in law 

17 enforcement to assist the Director in the discharge 

18 of the functions specified in paragraph (2). The Di19 rector shall ensure that the number of individuals so 

20 employed is sufficient to ensure the timely assess21 ment of applications described in paragraph (2)(A) 

22 in order to ensure that no delay occurs in the trans23 fer of eligible defense items under this section by 

24 reason of such assessments. The Director shall ac25 cord a preference in the employment under this 


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1 paragraph of individuals with experience in law en2 forcement management. 

3 ‘‘(2) FUNCTIONS.—Individuals employed under 

4 this subsection shall assist the Director in the fol5 lowing: 

6 ‘‘(A) The assessment of applications of 

7 State and local law enforcement agencies for 

8 the transfer of eligible defense items in accord9 ance with subsection (j)(3). 

10 ‘‘(B) The determination whether controlled 

11 defense items that are not eligible for treatment 

12 as eligible defense items under this section will 

13 be useful in preventing or mitigating damage 

14 resulting from an actionable threat to national 

15 security for purposes of subsection (h)(1). 

16 ‘‘(f) DETERMINATION AND NOTICE TO PUBLIC ON

17 ELIGIBLE DEFENSE ITEMS.— 

18 ‘‘(1) CONTROLLED DEFENSE ITEMS APPRO19 PRIATE FOR TREATMENT AS ELIGIBLE DEFENSE

20 ITEMS.—The Secretary of Defense shall, acting 

21 through the Director of the Defense Logistics Agen22 cy, maintain, and periodically update, a list of cur23 rent controlled defense items that are appropriate 

24 for treatment as eligible defense items for purposes 

25 of this section. 


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1 ‘‘(2) DETERMINATION OF CONTROLLED DE2 FENSE ITEMS AS ELIGIBLE DEFENSE ITEMS.—The 

3 Director shall, in consultation with the task force 

4 appointed pursuant to section 4 of the Protecting 

5 Communities and Police Act of 2015 and in accord6 ance with the regulations for purposes of this section 

7 under subsection (g), identify controlled defense 

8 items that are appropriate for treatment as eligible 

9 defense items for purposes of this section by identi10 fying controlled defense items that— 

11 ‘‘(A) can be readily put to civilian use by 

12 State and local law enforcement agencies; and 

13 ‘‘(B) are suitable for transfer to State and 

14 local law enforcement agencies pursuant to this 

15 section. 

16 ‘‘(3) AVAILABILITY TO PUBLIC OF ELIGIBLE

17 DEFENSE ITEMS LIST.—Upon a determination pur18 suant to paragraph (2) of controlled defense items 

19 to be treated as eligible defense items for purposes 

20 of this section, the Director shall make available to 

21 the public, on an Internet website of the Department 

22 of Defense available to the public, a list of all con23 trolled defense items currently treated as eligible de24 fense items for purposes of this section. The Inter25 net website may be a current website of the DepartVerDate Sep 11 2014 01:18 May 20, 2015 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H2326.IH H2326

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1 ment or a website of the Department established 

2 and maintained for purposes of this section. 

3 ‘‘(g) REQUIREMENTS AND LIMITATIONS ON DETER4 MINATIONS OF CONTROLLED DEFENSE ITEMS AS ELIGI5 BLE DEFENSE ITEMS.— 

6 ‘‘(1) REGULATIONS.— 

7 ‘‘(A) REGULATIONS REQUIRED.—The de8 termination under subsection (f)(2) whether a 

9 controlled defense item is an eligible defense 

10 item for purposes of this section shall be made 

11 in accordance with criteria and requirements 

12 set forth in regulations prescribed by the Direc13 tor of the Defense Logistics Agency, in con14 sultation with the task force appointed pursu15 ant to section 4 of the Protecting Communities 

16 and Police Act of 2015. Public notice and com17 ment shall not be required in connection with 

18 any such determination unless otherwise re19 quired by such regulations. 

20 ‘‘(B) PERIODIC REVIEW REQUIRED.—The 

21 Director shall, in consultation with the task 

22 force, review and revise the regulations for pur23 poses of this section not less often than once 

24 every five years. 


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1 ‘‘(C) MANNER OF PRESCRIPTION.—In pre2 scribing or revising regulations under this para3 graph, the Director shall publish a written 

4 statement from the task force on the extent of 

5 its approval of such regulations as so prescribed 

6 or revised. 

7 ‘‘(D) TECHNOLOGICAL ADVANCES.—The 

8 Director may, in consultation with the task 

9 force, update the regulations for purposes of 

10 this section without regard to formal rule11 making requirements if necessary to respond to 

12 technological advances and the development of 

13 new models of items on the list of controlled de14 fense items determined by the Director under 

15 subsection (f)(2) to be eligible defense items for 

16 purposes of this section. In so updating the reg17 ulations, the Director shall publish a written 

18 statement on the extent of the approval of the 

19 task force of the regulations as so revised. 

20 ‘‘(2) AUTHORIZED ELEMENTS.—The regula21 tions for purposes of this section may include the 

22 following: 

23 ‘‘(A) Tiers of eligibility of State or local 

24 law enforcement agencies for transfers of eligi25 ble defense items based on types of items, need 


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1 of law enforcement agencies for particular 

2 items, size and capabilities of law enforcement 

3 agencies, or such other factors as the Director, 

4 in consultation with the task force referred to 

5 in paragraph (1)(B), may specify in the regula6 tions. 

7 ‘‘(B) Restrictions on the numbers or types 

8 of eligible defense items that may be trans9 ferred to a particular State or local law enforce10 ment agency, within a particular period of time, 

11 to law enforcement agencies in a particular re12 gion, or such other factors as the Director, in 

13 consultation with the task force, may specify in 

14 regulations. 

15 ‘‘(C) Restrictions on the use of particular 

16 eligible defense items by State or local law en17 forcement agencies based on size, capability, or 

18 such other factors the Director, in consultation 

19 with the task force, may specify in the regula20 tions. 

21 ‘‘(D) Such inventory, accountability, re22 porting, and disposal requirements regarding el23 igible defense items transferred under this sec24 tion as the Director, in consultation with the 

25 task force, considers appropriate. 


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1 ‘‘(E) Requirements for memoranda of un2 derstanding or other appropriate agreements in 

3 the case of joint use of eligible defense items 

4 transferred under this section by more than one 

5 State or local law enforcement agency. 

6 ‘‘(3) PROHIBITION ON TREATMENT OF CERTAIN

7 ITEMS AS ELIGIBLE DEFENSE ITEMS.—The regula8 tions for purposes of this section shall prohibit the 

9 treatment as eligible defense items for purposes of 

10 this section of the following: 

11 ‘‘(A) Mine Resistant Ambush Protected 

12 (MRAP) vehicles. 

13 ‘‘(B) Remotely piloted aircraft that are ar14 mored, weaponized, or both. 

15 ‘‘(C) Aircraft that are combat configured 

16 or combat coded or have no established com17 mercial flight application. 

18 ‘‘(D) Bayonets. 

19 ‘‘(E) Tasers developed primarily for use by 

20 the military. 

21 ‘‘(F) Any controlled defense item that can22 not be purchased by State or local law enforce23 ment agencies in the private sector. 


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1 ‘‘(G) Any other controlled defense item de2 termined by the Director to be unsuitable for 

3 use by State or local law enforcement agencies. 

4 ‘‘(4) APPROVAL REQUIRED BEFORE TRANSFER

5 OF CERTAIN ITEMS.— 

6 ‘‘(A) IN GENERAL.—If any item specified 

7 in subparagraph (B) is an eligible defense item 

8 for purposes of this section, such item may not 

9 be transferred under this section without the 

10 approval of the Director, in consultation with 

11 an individual employed pursuant to subsection 

12 (e). 

13 ‘‘(B) ITEMS.—The items specified in this 

14 subparagraph are the following: 

15 ‘‘(i) Weapons over .50 caliber. 

16 ‘‘(ii) Grenades, flash bang grenades, 

17 grenade launchers, and grenade launcher 

18 attachments. 

19 ‘‘(iii) Tactical military vehicles. 

20 ‘‘(5) LIMITATIONS ON TRANSFER OF TACTICAL

21 MILITARY VEHICLES TO SMALL LAW ENFORCEMENT

22 AGENCIES.—The regulations for purposes of this 

23 section shall limit the transfer of tactical military ve24 hicles to a State or local law enforcement agency 


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1 with 10 or fewer sworn law enforcement officers as 

2 follows: 

3 ‘‘(A) If the law enforcement agency has 

4 one or more functioning tactical military vehi5 cles, a tactical military vehicle may not be 

6 transferred to the agency. 

7 ‘‘(B) If the law enforcement agency does 

8 not have a functioning tactical military vehicle, 

9 not more than one tactical military vehicle may 

10 be transferred to the agency. 

11 ‘‘(C) If the law enforcement agency is the 

12 designated procurement agency for a multi-ju13 risdictional joint-use agreement, not more than 

14 1 tactical military vehicle may be transferred to 

15 the agency for every 10 sworn law enforcement 

16 officers covered by the joint-use agreement. 

17 ‘‘(6) LIMITATION ON TRANSFER OF CAMOU18 FLAGE UNIFORMS OR CLOTHING.—The regulations 

19 for purposes of this section shall prohibit the trans20 fer of camouflage uniforms or clothing to a State or 

21 law enforcement agency unless the law enforcement 

22 agency certifies that its geographic area of jurisdic23 tion contains environments that may require the use 

24 of camouflage uniforms or clothing. 


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1 ‘‘(7) PROHIBITIONS ON TRANSFER OF ITEMS

2 FOR USE BY SMALL SWAT TEAMS.—The regulations 

3 for purposes of this section shall prohibit the trans4 fer of eligible defense items under this section for 

5 use by any SWAT team as follows: 

6 ‘‘(A) A SWAT team composed of fewer 

7 than 17 sworn law enforcement officers. 

8 ‘‘(B) A SWAT team composed entirely of 

9 members from a single State or local law en10 forcement agency that has fewer than 35 sworn 

11 law enforcement officers. 

12 ‘‘(C) A SWAT team composed of members 

13 from 2 or more State or local law enforcement 

14 agencies which agencies have, in aggregate, 

15 fewer than 35 sworn law enforcement officers. 

16 ‘‘(8) PROHIBITION ON TRANSFER OF CERTAIN

17 ITEMS TO LAW ENFORCEMENT AGENCIES UNDER

18 CONSENT DECREES.— 

19 ‘‘(A) IN GENERAL.—The regulations for 

20 purposes of this section shall prohibit the trans21 fer of items specified in subparagraph (B) to a 

22 State or local law enforcement agency for which 

23 a consent decree is in effect between the United 

24 States and the law enforcement agency, or that 

25 is under investigation by the Department of 


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1 Justice, relating to civil rights abuses or exces2 sive use of force 

3 ‘‘(B) ITEMS.—The items specified in this 

4 subparagraph are the following: 

5 ‘‘(i) Weapons. 

6 ‘‘(ii) Tactical military vehicles. 

7 ‘‘(9) TRANSFER TO LOCAL EDUCATION AGEN8 CIES.— 

9 ‘‘(A) PROHIBITION ON TRANSFER.—The 

10 regulations for purposes of this section shall 

11 prohibit the transfer of eligible defense items to 

12 any local educational agency or law enforcement 

13 agency affiliated with a local educational agency 

14 as follows: 

15 ‘‘(i) A local educational agency that is 

16 served by a State or local law enforcement 

17 agency that— 

18 ‘‘(I) is unaffiliated with the local 

19 educational agency; and 

20 ‘‘(II) has items or equipment 

21 identical or similar to the eligible de22 fense items otherwise to be trans23 ferred. 

24 ‘‘(ii) A local educational agency that 

25 is served by one or more State or local law 


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1 enforcement agencies that are unaffiliated 

2 with the local educational agency if no 

3 such serving agency will agree to store and 

4 maintain the eligible defense items for the 

5 local educational agency. 

6 ‘‘(B) LIMITATION ON USE OF FUNDS.— 

7 The regulations for purposes of this section 

8 shall provide that a local educational agency 

9 transferred an eligible defense item under this 

10 section may not use funds of the local edu11 cational agency— 

12 ‘‘(i) to transport the item to the dis13 trict of the local educational agency; or 

14 ‘‘(ii) to maintain the item. 

15 ‘‘(10) PROHIBITION ON REQUIREMENT FOR

16 TIMELY USE OF TRANSFERRED ITEMS.—The regula17 tions for purposes of this section may not require 

18 the use of an eligible defense item transferred under 

19 this section within one year of the receipt of the 

20 item by the State or local law enforcement agency 

21 concerned. 

22 ‘‘(h) NATIONAL SECURITY EXCEPTION FOR TRANS23 FER OF CERTAIN CONTROLLED DEFENSE ITEMS NOT

24 TREATABLE AS ELIGIBLE DEFENSE ITEMS.— 


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1 ‘‘(1) THREATS TO NATIONAL SECURITY.—The 

2 regulations for purposes of this section under sub3 section (g) shall permit the transfer of a controlled 

4 defense item that is not treated as an eligible de5 fense item for purposes of this section if— 

6 ‘‘(A) there is an actionable threat to na7 tional security; and 

8 ‘‘(B) the Director of the Defense Logistics 

9 Agency, in consultation with individuals em10 ployed pursuant to subsection (e), determines 

11 that the item will be useful in preventing or 

12 mitigating damage resulting from the threat de13 scribed in subparagraph (A). 

14 ‘‘(2) UPDATE TO LIST.—If an actionable threat 

15 to national security justifies the transfer of a con16 trolled defense item under this subsection, the Direc17 tor shall revise the regulations for purposes of this 

18 section to treat the controlled defense item as an eli19 gible defense item for purposes of this section as 

20 soon as practicable. A transfer of a controlled de21 fense item may occur in accordance with paragraph 

22 (1) regardless of whether the update to the regula23 tions for purposes of this section has been made 

24 under this paragraph at the time of transfer. 


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1 ‘‘(3) APPLICABILITY OF OTHER REQUIRE2 MENTS.—If an actionable threat to national security 

3 justifies the transfer of a controlled defense item 

4 under this subsection, any requirements, prohibi5 tions, and limitations otherwise applicable to the 

6 transfer of the item as an eligible defense item 

7 under this section shall not apply to the transfer of 

8 the item under this subsection. 

9 ‘‘(4) DISPOSITION OF ITEMS AFTER THREAT.— 

10 Upon the cessation of the threat to national security 

11 for which a controlled defense item is transferred 

12 under this subsection, the State or local law enforce13 ment agency receiving the item shall— 

14 ‘‘(A) arrange for the storage of the item 

15 with the National Guard of the State con16 cerned; or 

17 ‘‘(B) if arrangements under subparagraph 

18 (A) cannot be made, transfer the item to the 

19 Director. 

20 ‘‘(i) NOTICE TO LAW ENFORCEMENT AGENCIES ON

21 AVAILABLE STOCKS OF ELIGIBLE DEFENSE ITEMS.— 

22 ‘‘(1) DLA REVIEW AND NOTICE ON DOD

23 STOCKS.—The Director of the Defense Logistics 

24 Agency shall periodically review the existing stocks 

25 of the Department of Defense in order to identify 


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1 the type and quantity, if any, of surplus stocks of 

2 the Department of items that are currently treated 

3 as eligible defense items for purposes of this section. 

4 ‘‘(2) NOTICE TO LAW ENFORCEMENT AGENCIES

5 ON AVAILABLE STOCKS OF ITEMS.—The Director 

6 shall make information on the results of reviews 

7 under paragraph (1) available to the public on the 

8 Internet website of the Department referred to in 

9 subsection (f)(3). 

10 ‘‘(j) MECHANISMS OF TRANSFER OF ELIGIBLE DE11 FENSE ITEMS TO LAW ENFORCEMENT AGENCIES.— 

12 ‘‘(1) APPLICATION.—A State or local law en13 forcement agency seeking transfer of eligible defense 

14 items pursuant to this section shall submit an appli15 cation therefore to the State Coordinator for the 

16 State in which the law enforcement agency is lo17 cated. The application shall include a statement of 

18 the need of the agency for the items and the infor19 mation specified in subsection (l). 

20 ‘‘(2) STATE COORDINATOR REVIEW.—A State 

21 Coordinator shall review, and approve or disapprove, 

22 each application submitted to the State Coordinator 

23 under paragraph (1). In determining whether to ap24 prove or disapprove an application, a State Coordi25 nator shall apply all criteria applicable to the appliVerDate Sep 11 2014 01:18 May 20, 2015 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H2326.IH H2326

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1 cation in the regulations for purposes of this section 

2 under subsection (g). A State Coordinator shall 

3 transmit each such application, whether approved or 

4 disapproved, to the Director of the Defense Logistics 

5 Agency, together with the information specified in 

6 subsection (l). 

7 ‘‘(3) DIRECTOR OF DLA REVIEW OF APPROVED

8 APPLICATIONS.—The Director shall review, and ap9 prove or disapprove, each application transmitted to 

10 the Director pursuant to paragraph (2) that is ap11 proved by a State Coordinator under that para12 graph. As part of the review of each application, the 

13 Director shall obtain an assessment of such applica14 tion by an individual employed pursuant to sub15 section (e). 

16 ‘‘(4) DISCHARGE OF TRANSFER.—The Director 

17 and the State Coordinator concerned shall jointly 

18 carry out the transfer of eligible defense items cov19 ered by applications approved by the Director under 

20 this subsection. 

21 ‘‘(k) PUBLIC NOTICE ON REQUESTS FOR TRANS22 FERS.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), a State or local law enforcement agency 

25 requesting transfer of an eligible defense item under 


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1 this section, including pursuant to interagency trans2 fer under subsection (r), shall— 

3 ‘‘(A) publish notice to the public on such 

4 request, including the information specified in 

5 subsection (l) (other than paragraphs (7), (11), 

6 (12), and (16) of that subsection, and with any 

7 personally identifiable information otherwise re8 quired by paragraphs (17) and (18) of that 

9 subsection redacted) if such information is not 

10 otherwise available to the public; and 

11 ‘‘(B) obtain approval of the request by the 

12 State or political subdivision of a State of which 

13 the law enforcement agency is an agency. 

14 ‘‘(2) EXCEPTION.— 

15 ‘‘(A) ITEMS FOR UNDERCOVER OPER16 ATIONS.—A State or local law enforcement 

17 agency requesting transfer of an eligible defense 

18 item is not required to comply with paragraph 

19 (1) if the item requested is for an active under20 cover operation. 

21 ‘‘(B) ALTERNATIVE NOTICE REQUIRE22 MENT.—A State or local law enforcement agen23 cy receiving an item under this section pursuant 

24 to a request covered by subparagraph (A) shall 

25 publish public notice of the request not later 


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1 than 10 business days after the conclusion of 

2 the undercover operation for which the item 

3 was requested. 

4 ‘‘(l) INFORMATION IN SUPPORT OF APPLICATIONS.— 

5 The application of a State or local law enforcement agency 

6 for the transfer of eligible defense items under subsection 

7 (j)(1), and the transmittal of the State Coordinator con8 cerned to the Director of the Defense Logistics Agency 

9 with respect to the application pursuant to subsection 

10 (j)(2), shall include with the application a statement of 

11 the need of the law enforcement agency for the items as 

12 described in subsection (j)(1), which shall include the fol13 lowing: 

14 ‘‘(1) The type and amount of each item being 

15 requested. 

16 ‘‘(2) The name of the law enforcement agency. 

17 ‘‘(3) The number of sworn law enforcement of18 ficers of the law enforcement agency. 

19 ‘‘(4) The number, if any, of items similar to the 

20 items being requested that the law enforcement 

21 agency has in good working condition. 

22 ‘‘(5) The amount and type of items, if any, that 

23 the law enforcement agency has that were purchased 

24 using funds from— 


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1 ‘‘(A) the Urban Area Security Initiative 

2 authorized under section 2003 of the Homeland 

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

4 ‘‘(B) the State Homeland Security Grant 

5 Program authorized under section 2004 of the 

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

7 or 

8 ‘‘(C) the Edward Byrne Memorial Justice 

9 Assistance Grant Program under subpart 1 of 

10 part E of title I of the Omnibus Crime Control 

11 and Safe Streets Act of 1968 (42 U.S.C. 3750 

12 et seq.). 

13 ‘‘(6) The use of force policy of the law enforce14 ment agency. 

15 ‘‘(7) Whether the law enforcement agency in16 tends for SWAT teams to use the requested items, 

17 and, if so, the deployment policies of the law en18 forcement agency for SWAT teams. 

19 ‘‘(8) Whether the law enforcement agency has 

20 or plans to adopt a memorandum of understanding 

21 or other joint use agreement for the shared use of 

22 the requested items with any other law enforcement 

23 agency. 


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1 ‘‘(9) The capability gap to be filled by the items 

2 requested, and a description of the proposed use of 

3 the items by the law enforcement agency. 

4 ‘‘(10) Whether a consent decree is in effect be5 tween the United States and the law enforcement 

6 agency relating to civil rights abuses or excessive use 

7 of force. 

8 ‘‘(11) Whether the law enforcement agency is 

9 currently under investigation, or has been under in10 vestigation in the last 10 years, by the Department 

11 of Justice, an inspector general, or any equivalent 

12 State or local entity for civil rights abuses or exces13 sive use of force. 

14 ‘‘(12) Whether the chief of police of the law en15 forcement agency has ever been determined by the 

16 Department of Justice, an inspector general, or any 

17 equivalent State or local entity to have engaged in 

18 civil rights abuses or excessive use of force. 

19 ‘‘(13) Whether the law enforcement agency re20 quested funds from a regional, State, or local polit21 ical entity to purchase the requested items, and— 

22 ‘‘(A) if so and the request was denied, a 

23 statement of the reason or reasons for such de24 nial; or 


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1 ‘‘(B) if not, a statement of the reason or 

2 reasons the law enforcement agency did not. 

3 ‘‘(14) Such other information on the recent 

4 record of the law enforcement agency regarding civil 

5 rights and the excessive use of force as the Director 

6 shall specify in the regulations for purposes of this 

7 section. 

8 ‘‘(15) An executed maintenance requirement re9 lease acknowledging that the law enforcement agen10 cy understands and accepts responsibility for all 

11 costs associated with the upkeep of the items. 

12 ‘‘(16) Detailed documentation on the manner in 

13 which the law enforcement agency will provide for 

14 the storage and security of the items. 

15 ‘‘(17) A description of the policies and proce16 dures of the law enforcement agency for use of the 

17 items, including who will have authority over the use 

18 of the items and an organizational chart, and the 

19 names and titles of agency members, who will have 

20 charge of the items. 

21 ‘‘(18) Documentation showing that the mem22 bers identified pursuant to paragraph (17) as in 

23 charge of items have been trained in the use and de24 ployment of such items within the past five years, or 

25 identifying specific training such members identified 


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1 shall participate not later than 90 days after receipt 

2 of the items. 

3 ‘‘(19) Certification that any eligible defense 

4 items transferred under this section for use by a 

5 SWAT team have not been used, and will not be 

6 used, by a SWAT team engaging in routine patrol7 related incidents, non-tactical incidents, and non-tac8 tical assignments. 

9 ‘‘(20) Such other information on the law en10 forcement agency, and the application of the law en11 forcement agency, as the Director shall specify in 

12 the regulations for purposes of this section. 

13 ‘‘(m) REQUIREMENTS IN CONNECTION WITH USE OF

14 ELIGIBLE DEFENSE ITEMS BY SWAT TEAMS.— 

15 ‘‘(1) SWAT TEAM TRAINING RECORDS.—Eligi16 ble defense items may not be transferred to a State 

17 or local law enforcement agency under this section 

18 for use by a SWAT team unless the law enforcement 

19 agency requesting such items certifies to the Direc20 tor of the Defense Logistics Agency that the law en21 forcement agency makes available to the public the 

22 training records of the SWAT team, including the 

23 course outlines of such training (except that any 

24 personally identifiable information, and all but the 

25 title and subject of such training, may be redacted). 


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1 The Attorney General shall issue, and may from 

2 time to time update, nonbinding guidelines on such 

3 policies. 

4 ‘‘(2) VIDEO RECORDING OF DEPLOYMENTS.— 

5 Eligible defense items may not be transferred to a 

6 State or local law enforcement agency under this 

7 section for use by a SWAT team unless the law en8 forcement agency requesting such items certifies to 

9 the Director that a video recording shall be made of 

10 each SWAT team deployment involving the use of 

11 such items. Any video recording secured under this 

12 paragraph involving the use of force (whether deadly 

13 or otherwise) shall be retained by the law enforce14 ment agency for a period not shorter than the period 

15 of limitation in the State concerned for actions for 

16 civil rights violations under section 1979 of the Re17 vised Statutes (42 U.S.C. 1983). 

18 ‘‘(n) POLICIES ON USE OF VIDEO RECORDING

19 EQUIPMENT AND RECORDING.— 

20 ‘‘(1) IN GENERAL.—Video recording equipment 

21 (including body cameras) may not be transferred to 

22 a State or local law enforcement agency under this 

23 section unless the law enforcement agency request24 ing such equipment certifies to the Director of the 

25 Defense Logistics Agency that the law enforcement 


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1 agency has in place, and makes available to the pub2 lic, policies on the use of such equipment by law en3 forcement officers, and on securing video recordings 

4 of operations of law enforcement officers using video 

5 equipment, that meets the requirements specified in 

6 paragraph (2). 

7 ‘‘(2) POLICY REQUIREMENTS.—The require8 ments specified in this paragraph for policies de9 scribed in paragraph (1) are the following: 

10 ‘‘(A) Policies on the appropriate use of 

11 video recording equipment, including whether 

12 such equipment should be left on at all times. 

13 ‘‘(B) Mechanisms to preserve, to the extent 

14 practicable, the integrity and security of video 

15 recordings, including a description of the per16 sonnel of the law enforcement agency, and 

17 other parties, who are authorized to access the 

18 recordings, mechanisms for the storage of re19 cordings, and measures to ensure the cybersecu20 rity of such recordings (if applicable to the stor21 age, retention, and retrieval of such recordings). 

22 ‘‘(C) Policies on the authorized and unau23 thorized public release of video recordings. 

24 ‘‘(D) A requirement that any video record25 ing of an interaction between a law enforcement 


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1 officer and an individual who is not a law en2 forcement officer involving the use of force 

3 (whether deadly or otherwise) shall retained by 

4 the law enforcement agency for a period not 

5 shorter than the period of limitation in the 

6 State concerned for actions for civil rights viola7 tions under section 1979 of the Revised Stat8 utes (42 U.S.C. 1983). 

9 ‘‘(o) STATE CERTIFICATION OF INSTRUCTORS IN

10 TRAINING ON USE OF FORCE AND CERTAIN ITEMS.— 

11 ‘‘(1) CERTIFICATION OF INSTRUCTORS IN

12 TRAINING REQUIRED.—On and after the date that is 

13 three years after the date of the enactment of the 

14 Protecting Communities and Police Act of 2015 eli15 gible defense items may not be transferred to a 

16 State or local law enforcement agency of a State 

17 under this section unless the Governor of the State 

18 (or the designee of the Governor) certifies to the Di19 rector of the Defense Logistics Agency that the 

20 State conducts a program for certifying police in21 structors in the provision of training on the use of 

22 force, and in the use of eligible defense items and 

23 special justice items, that meets the requirements 

24 specified in paragraph (2). Any instructor certified 

25 under a program conducted under section 2010 of 


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1 the Homeland Security Act of 2002 shall be consid2 ered certified as a police instructor in any State for 

3 purposes of this subsection. 

4 ‘‘(2) PROGRAM REQUIREMENTS.—The require5 ments specified in this paragraph for a program de6 scribed in paragraph (1) are the following: 

7 ‘‘(A) The program shall include instruction 

8 in training on the following: 

9 ‘‘(i) The use of force by State and 

10 local law enforcement officers in the ordi11 nary course of their duties. 

12 ‘‘(ii) The use of eligible defense items 

13 and special justice items by State and local 

14 law enforcement officers in the ordinary 

15 course of their duties. 

16 ‘‘(iii) The use of eligible defense items 

17 and special justice items by SWAT teams. 

18 ‘‘(iv) The appropriate deployment of 

19 SWAT teams. 

20 ‘‘(v) Civil rights and civil liberties. 

21 ‘‘(vi) Any other matters on the train22 ing of State and local law enforcement offi23 cers that the Governor of the State (or the 

24 designee of the Governor) considers appro25 priate. 


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1 ‘‘(B) A list of the instructors who are cer2 tified pursuant to the program shall be main3 tained and published. 

4 ‘‘(3) DISCHARGE THROUGH EXISTING PRO5 GRAMS.—A State may satisfy the requirement in 

6 paragraph (1) using a program in effect on the date 

7 that is three years after the date of the enactment 

8 of the Protecting Communities and Police Act of 

9 2015 if such program satisfies the requirements in 

10 paragraph (2). 

11 ‘‘(p) TRAINING REQUIREMENTS.— 

12 ‘‘(1) MINIMUM ANNUAL TRAINING REQUIRE13 MENTS FOR LAW ENFORCEMENT OFFICERS.— 

14 ‘‘(A) IN GENERAL.—On and after the date 

15 that is three years after the date of the enact16 ment of the Protecting Communities and Police 

17 Act of 2015, eligible defense items may not be 

18 transferred to a State or local law enforcement 

19 agency under this section unless the Governor 

20 of the State (or the designee of the Governor) 

21 certifies to the Director of the Defense Logis22 tics Agency that the State has in place min23 imum annual training requirements for all 

24 sworn law enforcement officers in the State, in25 cluding— 


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1 ‘‘(i) specialized leadership training re2 quirements for heads of law enforcement 

3 agencies who have— 

4 ‘‘(I) decisionmaking authority on 

5 the deployment of SWAT teams and 

6 tactical military vehicles; or 

7 ‘‘(II) responsibility for drafting 

8 policies on the use of force and SWAT 

9 team deployment; 

10 ‘‘(ii) specialized SWAT team training 

11 requirements for all SWAT team members, 

12 including in law enforcement tactics used 

13 in tactical operations; 

14 ‘‘(iii) training in the appropriate use 

15 and deployment of tactical military vehi16 cles; and 

17 ‘‘(iv) training on sensitivity, including 

18 training on ethnic and racial bias, cultural 

19 diversity, and police interaction with the 

20 disabled, mentally ill, and new immigrants. 

21 ‘‘(B) SATISFACTION BY RECENT HIREES.— 

22 The requirements under subparagraph (A) shall 

23 provide for the first completion of the training 

24 concerned by an individual who becomes an offi25 cer in a law enforcement agency by not later 


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1 than one year after the date on which the indi2 vidual becomes an officer in the law enforce3 ment agency. 

4 ‘‘(2) STATE COORDINATORS.—On and after the 

5 date that is three years after the date of the enact6 ment of the Protecting Communities and Police Act 

7 of 2015, eligible defense items may not be trans8 ferred to a State or local law enforcement agency of 

9 a State under this section unless the Governor of the 

10 State (or the designee of the Governor) certifies to 

11 the Director of the Defense Logistics Agency that 

12 the individual who serves as a State Coordinator in 

13 the State receives on an annual basis training in the 

14 following: 

15 ‘‘(A) Inventory management. 

16 ‘‘(B) The assessment of the needs of State 

17 and local law enforcement agencies for eligible 

18 defense items. 

19 ‘‘(3) USE OF ELIGIBLE DEFENSE ITEMS.— 

20 ‘‘(A) IN GENERAL.—On and after the date 

21 that is three years after the date of the enact22 ment of the Protecting Communities and Police 

23 Act of 2015, eligible defense items may not be 

24 transferred to a State or local law enforcement 

25 agency under this section unless the head of the 


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1 law enforcement agency requesting such items 

2 certifies to the Director that any law enforce3 ment officer who is authorized to use such 

4 items will have received training on the proper 

5 law enforcement use of such items by an in6 structor certified as described in subsection (o) 

7 or section 2010 of the Homeland Security Act 

8 of 2002. 

9 ‘‘(B) SATISFACTION BY RECENT HIREES.— 

10 Training required by subparagraph (A) shall be 

11 completed by an individual who becomes a 

12 member of a State or local law enforcement 

13 agency by not later than one year after the date 

14 on which the individual becomes a member of 

15 the law enforcement agency. 

16 ‘‘(4) SWAT TEAMS.— 

17 ‘‘(A) IN GENERAL.—On and after the date 

18 that is three years after the date of the enact19 ment of the Protecting Communities and Police 

20 Act of 2015, eligible defense items may not be 

21 transferred to a State or local law enforcement 

22 agency under this section for use by a SWAT 

23 team unless the head of the law enforcement 

24 agency requesting such items certifies to the 

25 Director that any law enforcement officer who 


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1 is a member of such SWAT team will have par2 ticipated during the preceding year in tactical 

3 SWAT team training by an instructor certified 

4 as described in subsection (o) or section 2010 

5 of the Homeland Security Act of 2002 and 

6 training required pursuant to paragraph (1). 

7 ‘‘(B) SATISFACTION BY RECENT HIREES.— 

8 Training required by subparagraph (A) shall be 

9 completed by an individual who becomes a 

10 member of a SWAT team by not later than one 

11 year after the date on which the individual be12 comes a member of the SWAT team. 

13 ‘‘(q) WHISTLEBLOWER AND INDEPENDENT OVER14 SIGHT REQUIREMENTS.— 

15 ‘‘(1) WHISTLEBLOWER REQUIREMENTS.—On 

16 and after the date that is three years after the date 

17 of the enactment of the Protecting Communities and 

18 Police Act of 2015, eligible defense items may not 

19 be transferred to a State or local law enforcement 

20 agency of a State under this section unless the Gov21 ernor of the State (or the designee of the Governor) 

22 certifies to the Director of the Defense Logistics 

23 Agency that the State— 

24 ‘‘(A) has in place— 


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1 ‘‘(i) a program, including a public 

2 complaint hotline, that provides individuals 

3 the ability to disclose any waste, fraud, or 

4 abuse in connection with the use of such 

5 items; and 

6 ‘‘(ii) mechanisms (commonly referred 

7 to as ‘whistleblower protections’) to protect 

8 individuals who make a disclosure de9 scribed in clause (i) from retaliatory or 

10 other adverse personnel actions in connec11 tion with such disclosures; and 

12 ‘‘(B) publicizes the existence of the pro13 gram and whistleblower protections described in 

14 subparagraph (A). 

15 ‘‘(2) CERTIFICATION OF OVERSIGHT AND AC16 COUNTABILITY.— 

17 ‘‘(A) CERTIFICATION REQUIRED.—Eligible 

18 defense items may not be transferred to a State 

19 or local law enforcement agency under this sec20 tion unless the head of the law enforcement 

21 agency requesting such items submits to the Di22 rector a written certification (in the form of a 

23 memorandum of understanding, memorandum 

24 of agreement, or letterhead correspondence) 


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1 that an entity that is unaffiliated with the law 

2 enforcement agency is authorized— 

3 ‘‘(i) to receive any complaints regard4 ing the use of any equipment and funds of 

5 the law enforcement agency; 

6 ‘‘(ii) to periodically review and assess 

7 the use of such equipment and funds by 

8 the law enforcement agency; and 

9 ‘‘(iii) to make recommendations to the 

10 law enforcement agency regarding the use 

11 of such equipment and funds by the law 

12 enforcement agency that are either— 

13 ‘‘(I) non-binding in character; or 

14 ‘‘(II) binding in character, if au15 thorized by a law or ordinance gov16 erning the law enforcement agency or 

17 the entity or by an agreement between 

18 the governing body of the law enforce19 ment agency and organizations rep20 resenting law enforcement officers of 

21 the law enforcement agency. 

22 ‘‘(B) DISCHARGE THROUGH EXISTING EN23 TITIES.—A law enforcement agency may satisfy 

24 the requirement in subparagraph (A) through 

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1 ment of the Protecting Communities and Police 

2 Act of 2015, including an independent review 

3 board, a Federal, State, or local inspector gen4 eral, a Federal, State, county, or city attorney 

5 general, a district attorney, the Federal Bureau 

6 of Investigation or another Federal agency, a 

7 State agency, a State or local governing body 

8 (such as a city council or county commission), 

9 a law enforcement council, or an independent 

10 entity established by one or more such officials, 

11 agencies, or entities on behalf of one or more 

12 law enforcement agencies. 

13 ‘‘(r) INTERAGENCY TRANSFER.— 

14 ‘‘(1) IN GENERAL.—Subject to paragraph (2), a 

15 State or local law enforcement agency may transfer 

16 an eligible defense item transferred to the law en17 forcement agency under this section to another State 

18 or local law enforcement agency. 

19 ‘‘(2) APPROVAL REQUIRED.—An eligible de20 fense item may not be transferred by a State or 

21 local law enforcement agency to another law enforce22 ment agency under this subsection without the ap23 proval of the Director of the Defense Logistics 

24 Agency (or the designee of the Director). A law en25 forcement agency seeking the approval of the DirecVerDate Sep 11 2014 01:18 May 20, 2015 Jkt 049200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H2326.IH H2326

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1 tor for the transfer of an item pursuant to this para2 graph shall submit to the Director an application 

3 therefor in such form and manner as the Director 

4 shall specify in the regulations for purposes of this 

5 section under subsection (g). 

6 ‘‘(s) SUSPENSION AND TERMINATION.— 

7 ‘‘(1) FOR LOST OR STOLEN ITEMS.—In the 

8 event an item transferred to a State or local law en9 forcement agency under this section is lost, stolen, 

10 or misappropriated— 

11 ‘‘(A) in the case of an offensive weapon or 

12 ordnance— 

13 ‘‘(i) on the first occurrence in the case 

14 of the law enforcement agency, the Direc15 tor of the Defense Logistics Agency, after 

16 providing the law enforcement agency with 

17 notice and the opportunity to contest the 

18 allegation, shall suspend the law enforce19 ment agency from eligibility for receipt of 

20 items under this section for a period of 6 

21 months; and 

22 ‘‘(ii) on any subsequent occurrence in 

23 the case of the law enforcement agency, 

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1 portunity to contest the allegation, shall 

2 suspend the law enforcement agency from 

3 eligibility for receipt of items under this 

4 section for a period of five years; and 

5 ‘‘(B) in the case of any other item— 

6 ‘‘(i) on the third occurrence in the 

7 case of the law enforcement agency, the 

8 Director, after providing the law enforce9 ment agency with notice and the oppor10 tunity to contest the allegation, shall sus11 pend the law enforcement agency from eli12 gibility for receipt of items under this sec13 tion for a period of 6 months; and 

14 ‘‘(ii) on any subsequent occurrence in 

15 the case of the law enforcement agency, 

16 the Director, after providing the law en17 forcement agency with notice and the op18 portunity to contest the allegation, shall 

19 suspend the law enforcement agency from 

20 eligibility for receipt of items under this 

21 section for a period of three years. 

22 ‘‘(2) INTENTIONAL FALSIFICATION OF INFOR23 MATION.—In the event a State or local law enforce24 ment agency is determined by the Director (or the 

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1 sified any information in requesting or applying for 

2 items under this section, the Director, after pro3 viding the law enforcement agency with notice and 

4 the opportunity to contest the determination, shall 

5 terminate the law enforcement agency from eligi6 bility for receipt of items under this section. 

7 ‘‘(t) REPORT REQUIREMENTS.— 

8 ‘‘(1) STATE AND LOCAL LAW ENFORCEMENT

9 AGENCIES REPORT REQUIREMENTS.—Not later than 

10 one year after the date of the enactment of the Pro11 tecting Communities and Police Act of 2015 and 

12 every year thereafter, each State or local law en13 forcement agency that receives eligible defense items 

14 under this section shall submit to the Director of the 

15 Defense Logistics Agency a report setting forth an 

16 accounting of such items. Each report of an agency 

17 shall include the following: 

18 ‘‘(A) For weapons, tactical vehicles, air19 craft, and boats, time-stamped serial numbers 

20 of the items. 

21 ‘‘(B) Such information on the status and 

22 use of such items as the Secretary of Defense 

23 requires in order to make the reports required 

24 by paragraph (2). 


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1 ‘‘(2) SECRETARY OF DEFENSE REPORT RE2 QUIREMENTS.—Not later than one year after Pro3 tecting Communities and Police Act of 2015, once a 

4 year for every four years thereafter, and once every 

5 three years thereafter after such five years, the Sec6 retary of Defense shall submit to the Attorney Gen7 eral, the Secretary of Homeland Security, and Con8 gress, and make available to the public, a com9 prehensive report on the use during the preceding 

10 year of eligible defense items transferred under this 

11 section. Each report shall include the following: 

12 ‘‘(A) A description of all eligible defense 

13 items transferred under this section during the 

14 year covered by such report, including an ap15 pendix setting forth a plain English description 

16 or manufacturer make, model number, and 

17 name of each item transferred, the quantity of 

18 each item transferred, the recipient of each 

19 item, and a brief explanation of the need for 

20 each item by the recipient. 

21 ‘‘(B) A statement of the items described in 

22 subparagraph (A) that were in new or like-new 

23 condition at the time of transfer. 

24 ‘‘(C) For each type of eligible defense item 

25 transferred under this section during the year 


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1 covered by such report, the quantity, if any, of 

2 the same or a similar item purchased by the 

3 Department of Defense during the prior fiscal 

4 year. 

5 ‘‘(D) The number of requests for transfer 

6 of eligible defense items during the year covered 

7 by such report that were approved by State Co8 ordinators and the Director of the Defense Lo9 gistics Agency. 

10 ‘‘(E) The number of requests for transfer 

11 of eligible defense items during the year covered 

12 by such report that were approved by State Co13 ordinators but denied by the Director, and, for 

14 each such request, a statement of the type of 

15 item requested and the reason or reasons for 

16 the denial. 

17 ‘‘(F) The number of requests for transfer 

18 of eligible defense items during the year covered 

19 by such report that were denied by State Coor20 dinators, and, for each such request, a state21 ment of the type of item requested and the rea22 son or reasons for the denial. 

23 ‘‘(u) CONSTRUCTION WITH OTHER DLA AUTHOR24 ITY.—Nothing in this section shall be construed to over25 ride, alter, or supersede the authority of the Director of 


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1 the Defense Logistics Agency to dispose of property of the 

2 Department of Defense that is not a controlled defense 

3 item to law enforcement agencies under another other pro4 vision of law. 

5 ‘‘(v) NON-CONTROLLED DEFENSE ITEMS TO LAW

6 ENFORCEMENT AGENCIES.—Notwithstanding any provi7 sion of chapter 5 of title 40 or any other provision of law, 

8 the Administrator of General Services shall accord a pri9 ority in the disposal of excess and surplus items and equip10 ment of the Department of Defense that are not controlled 

11 defense items to law enforcement agencies. 

12 ‘‘(w) DEFINITIONS.—In this section: 

13 ‘‘(1) The term ‘controlled defense item’ means 

14 property of the Department of Defense that is sub15 ject to the restrictions of the United States Muni16 tions List (22 Code of Federal Regulations Part 

17 121) or the Commerce Control List (15 Code of 

18 Federal Regulations Part 774). 

19 ‘‘(2) The term ‘eligible defense item’ means a 

20 controlled defense item that is eligible for transfer to 

21 a law enforcement agency pursuant to this section. 

22 ‘‘(3) The term ‘law enforcement council’ means 

23 a consortium of law enforcement agencies operating 

24 in a partnership within a region to promote and en25 hance public safety. 


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1 ‘‘(4) The term ‘local educational agency’ has 

2 the meaning given that term in section 8013(9) of 

3 the Elementary and Secondary Education Act of 

4 1965 (20 U.S.C. 7713(9)). 

5 ‘‘(5) The term ‘special justice item’ has the 

6 meaning given that term in section 509(a) of the 

7 Omnibus Crime Control and Safe Streets Act of 

8 1968. 

9 ‘‘(6) The term ‘State Coordinator’ means an in10 dividual appointed by the Governor of a State— 

11 ‘‘(A) to manage requests of State and local 

12 law enforcement agencies of the State for eligi13 ble defense items; and 

14 ‘‘(B) to ensure the appropriate use of eligi15 ble defense items transferred under this section 

16 by such law enforcement agencies. 

17 ‘‘(7) The term ‘State or local law enforcement 

18 agency’ means a State or local agency or entity with 

19 law enforcement officers that have arrest and appre20 hension authority and whose primary function is to 

21 enforce the laws. The term includes a local edu22 cational agency with such officers. The term does 

23 not include a firefighting agency or entity. 

24 ‘‘(8) The term ‘SWAT team’ means a Special 

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1 tical team composed of State or local sworn law en2 forcement officers. 

3 ‘‘(9) The term ‘tactical military vehicle’ means 

4 an armored vehicle having military characteristics 

5 resulting from military research and development 

6 processes, designed primarily for use by forces in the 

7 field in direction connection with, or support of, 

8 combat or tactical operations.’’. 

9 (b) LIMITATIONS ON TRANSFER OF CERTAIN ITEMS

10 PENDING ACHIEVEMENT OF CERTAIN PROGRAM MILE11 STONES.— 

12 (1) LIMITATION PENDING EMPLOYMENT OF

13 LAW ENFORCEMENT EXPERTS IN DLA.—No item de14 scribed in paragraph (4) may be transferred under 

15 section 2576a of title 10, United States Code (as 

16 amended by subsection (a)), until the employment in 

17 the Defense Logistics Agency of law enforcement ex18 perts required by subsection (e) of such section. 

19 (2) DELAYED LIMITATION PENDING APPOINT20 MENT OF TASK FORCE.—Effective as of the date 

21 that is one year after the date of the enactment of 

22 this Act, no item described in paragraph (4) may be 

23 transferred under section 2576a of title 10, United 

24 States Code (as so amended), until the appointment 

25 of the task force required by section 4 of this Act. 


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1 (3) DELAYED LIMITATION PENDING PUBLICA2 TION OF LIST OF ELIGIBLE DEFENSE ITEMS.—Ef3 fective as of the date that is two years after the date 

4 of the enactment of this Act, no item described in 

5 paragraph (4) may be transferred under section 

6 2576a of title 10, United States Code (as so amend7 ed), until the publication under subsection (f)(3) of 

8 such section of the items determined to be eligible 

9 defense items for purposes of such section. 

10 (4) COVERED ITEMS.—An item described in 

11 this paragraph is the following: 

12 (A) A controlled defense item. 

13 (B) An eligible defense item. 

14 (C) An item specified in section 

15 2576a(g)(4)(B) of title 10, United States Code 

16 (as so amended). 

17 (5) DEFINITIONS.—In this subsection, the 

18 terms ‘‘controlled defense item’’ and ‘‘eligible de19 fense item’’ have the meaning given such terms in 

20 section 2576a(w) of title 10, United States Code (as 

21 so amended). 

22 (c) RESTATEMENT AND MODIFICATION OF CURRENT

23 AUTHORITY FOR TRANSFER FOR FEDERAL LAW EN24 FORCEMENT ACTIVITIES.—Chapter 153 of title 10, 

25 United States Code, is amended— 


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1 (1) by redesignating section 2576b as section 

2 2576d; and 

3 (2) by inserting after section 2576a (as amend4 ed by subsection (a)) the following new sections: 

5 ‘‘§ 2576b. Excess personal property: sale or donation 

6 of certain non-controlled defense items 

7 for State or local law enforcement activi8 ties 

9 ‘‘(a) TRANSFER AUTHORIZED.—(1) Notwithstanding 

10 any other provision of law and subject to subsection (b), 

11 the Secretary of Defense may transfer to State agencies 

12 personal property of the Department of Defense that the 

13 Secretary determines is— 

14 ‘‘(A) not a controlled defense item, an eligible 

15 defense item, or an item specified in section 

16 2576a(g)(4)(B) of this title; 

17 ‘‘(B) suitable for use by State agencies in law 

18 enforcement activities, including counter-drug and 

19 counter-terrorism activities; and 

20 ‘‘(C) excess to the needs of the Department of 

21 Defense. 

22 ‘‘(2) The Secretary shall carry out this section in con23 sultation with the Attorney General and the Director of 

24 National Drug Control Policy. 


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1 ‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary of 

2 Defense may transfer personal property under this section 

3 only if— 

4 ‘‘(1) the property is drawn from existing stocks 

5 of the Department of Defense; 

6 ‘‘(2) the recipient accepts the property on an 

7 as-is, where-is basis; 

8 ‘‘(3) the transfer is made without the expendi9 ture of any funds available to the Department of 

10 Defense for the procurement of defense equipment; 

11 and 

12 ‘‘(4) all costs incurred subsequent to the trans13 fer of the property are borne or reimbursed by the 

14 recipient. 

15 ‘‘(c) CONSIDERATION.—Subject to subsection (b)(4), 

16 the Secretary may transfer personal property under this 

17 section without charge to the recipient agency. 

18 ‘‘(d) DEFINITIONS.—In this section, the terms ‘con19 trolled defense item’ and ‘eligible defense item’ have the 

20 meaning given such terms in section 2576a(w) of this title. 

21 ‘‘§ 2576c. Excess personal property: sale or donation 

22 for Federal law enforcement activities 

23 ‘‘(a) TRANSFER AUTHORIZED.—(1) Notwithstanding 

24 any other provision of law and subject to subsection (b), 

25 the Secretary of Defense may transfer to Federal agencies 


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1 personal property of the Department of Defense, including 

2 small arms and ammunition, that the Secretary deter3 mines is— 

4 ‘‘(A) suitable for use by the agencies in law en5 forcement activities, including counter-drug and 

6 counter-terrorism activities; and 

7 ‘‘(B) excess to the needs of the Department of 

8 Defense. 

9 ‘‘(2) The Secretary shall carry out this section in con10 sultation with the Attorney General and the Director of 

11 National Drug Control Policy. 

12 ‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary of 

13 Defense may transfer personal property under this section 

14 only if— 

15 ‘‘(1) the property is drawn from existing stocks 

16 of the Department of Defense; 

17 ‘‘(2) the recipient accepts the property on an 

18 as-is, where-is basis; 

19 ‘‘(3) the transfer is made without the expendi20 ture of any funds available to the Department of 

21 Defense for the procurement of defense equipment; 

22 and 

23 ‘‘(4) all costs incurred subsequent to the trans24 fer of the property are borne or reimbursed by the 

25 recipient. 


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1 ‘‘(c) CONSIDERATION.—Subject to subsection (b)(4), 

2 the Secretary may transfer personal property under this 

3 section without charge to the recipient agency.’’. 

4 (d) CLERICAL AMENDMENTS.—The table of sections 

5 at the beginning of chapter 153 of title 10, United States 

6 Code, is amended by striking the items relating to sections 

7 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.’’. 

8 (e) CJCS DUTY TO ENSURE FEDERAL AGENCY RE9 SPONSIBILITY FOR TRANSFERRED PROPERTY.—Section 

10 153(a) of title 10, United States Code, is amended— 

11 (1) by redesignating paragraph (6) as para12 graph (7); and 

13 (2) by inserting after paragraph (5) the fol14 lowing new paragraph (6): 

15 ‘‘(6) TRANSFERS OF DOD PROPERTY FOR FED16 ERAL LAW ENFORCEMENT ACTIVITIES.—Ensuring 

17 that Federal agencies to which property of the De18 partment of Defense is transferred pursuant to sec19 tion 2576c of this title accept responsibility for in20 ventory, management, accountability, and disposal of 

21 such property.’’. 


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1 SEC. 7. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE 

2 GRANTS. 

3 (a) USE OF FUNDS BY LAW ENFORCEMENT.—Sub4 part 1 of part E of title I of the Omnibus Crime Control 

5 and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) 

6 is amended by adding at the end the following: 

7 ‘‘SEC. 509. USE OF FUNDS BY LAW ENFORCEMENT. 

8 ‘‘(a) DEFINITIONS.—In this section— 

9 ‘‘(1) the term ‘covered funds’ means funds pro10 vided under this subpart; 

11 ‘‘(2) the term ‘law enforcement agency’— 

12 ‘‘(A) means an agency or entity with law 

13 enforcement officers— 

14 ‘‘(i) who have arrest and apprehension 

15 authority; and 

16 ‘‘(ii) whose primary function is to en17 force the laws; 

18 ‘‘(B) includes a local educational agency 

19 with officers described in subparagraph (A); 

20 and 

21 ‘‘(C) does not include a firefighting agency 

22 or entity; 

23 ‘‘(3) the term ‘local educational agency’ has the 

24 meaning given that term in section 8013(9) of the 

25 Elementary and Secondary Education Act of 1965 

26 (20 U.S.C. 7713(9)); 


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1 ‘‘(4) the term ‘prohibited item’ means an item 

2 that the Attorney General determines under sub3 section (b)(1) may not be purchased by a law en4 forcement agency using covered funds; 

5 ‘‘(5) the term ‘special justice item’ means an 

6 item that the Attorney General determines under 

7 subsection (b)(1) is not generally issued to a law en8 forcement patrol officer but is suitable for certain 

9 uses by law enforcement officers in engagements 

10 with individuals who are not law enforcement offi11 cers; 

12 ‘‘(6) the term ‘SWAT team’ means a Special 

13 Weapons and Tactics team or other specialized tac14 tical team composed of sworn law enforcement offi15 cers; and 

16 ‘‘(7) the term ‘tactical military vehicle’ means 

17 an armored vehicle having military characteristics 

18 resulting from military research and development 

19 processes, designed primarily for use by forces in the 

20 field in direct connection with, or support of, combat 

21 or tactical operations. 

22 ‘‘(b) PURCHASE OF CERTAIN ITEMS BY LAW EN23 FORCEMENT.— 

24 ‘‘(1) LISTS OF PROHIBITED ITEMS AND SPE25 CIAL JUSTICE ITEMS.— 


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1 ‘‘(A) IN GENERAL.—The Attorney General, 

2 in consultation with the task force appointed 

3 under section 4 of the Protecting Communities 

4 and Police Act of 2015, shall— 

5 ‘‘(i) not later than 3 years after the 

6 date of enactment of the Protecting Com7 munities and Police Act of 2015, create— 

8 ‘‘(I) a list of prohibited items; 

9 and 

10 ‘‘(II) a list of special justice 

11 items; and 

12 ‘‘(ii) review and revise each list cre13 ated under clause (i) not less often than 

14 once every 5 years. 

15 ‘‘(B) SPECIFIC ITEMS.—The Attorney 

16 General shall place each of the following items 

17 on the list of prohibited items or the list of spe18 cial justice items: 

19 ‘‘(i) Weapons over .50 caliber. 

20 ‘‘(ii) Tactical military vehicles. 

21 ‘‘(iii) Other tactical military equip22 ment. 

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1 listic shields, battle dress uniforms, and 

2 camouflage uniforms and clothing. 

3 ‘‘(v) Grenades, flash bang grenades, 

4 grenade launchers, and grenade launcher 

5 attachments. 

6 ‘‘(C) PUBLICATION.—The Attorney Gen7 eral shall publish each list created under sub8 paragraph (A) on the website of the Depart9 ment of Justice and in the Federal Register. 

10 ‘‘(2) PROHIBITED ITEMS.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), a law enforcement agency 

13 may not use covered funds to purchase a pro14 hibited item or receive a prohibited item that 

15 was purchased using covered funds. 

16 ‘‘(B) EXCEPTION.— 

17 ‘‘(i) THREATS TO NATIONAL SECU18 RITY.—A law enforcement agency may 

19 purchase a prohibited item using covered 

20 funds, or receive a prohibited item that 

21 was purchased using covered funds, if— 

22 ‘‘(I) the Attorney General deter23 mines that the prohibited item will be 

24 useful in preventing or mitigating 


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1 damage resulting from a threat to na2 tional security; 

3 ‘‘(II) the law enforcement agency 

4 has in place an agreement with the 

5 National Guard of the State in which 

6 the law enforcement agency is located 

7 for the storage of the restricted item 

8 at a National Guard site; and 

9 ‘‘(III) the law enforcement pro10 vides a copy of the agreement de11 scribed in subclause (II) to the Attor12 ney General. 

13 ‘‘(ii) UPDATE TO LIST.—If a threat to 

14 national security justifies the purchase of a 

15 prohibited item under clause (i), the Attor16 ney General shall publish an updated list 

17 of prohibited items or special justice items, 

18 as appropriate, under paragraph (1)(C) as 

19 soon as practicable. 

20 ‘‘(3) AUTHORITY TO PRESCRIBE REGULA21 TIONS.— 

22 ‘‘(A) IN GENERAL.—The Attorney General 

23 may prescribe regulations that place restrictions 

24 and limitations on special justice items that 

25 may be purchased by law enforcement agencies 


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1 using covered funds, based on the appropriate2 ness of the use of the items in law enforcement 

3 activities. 

4 ‘‘(B) AUTHORIZED ELEMENTS.—The regu5 lations prescribed by the Attorney General 

6 under subparagraph (A) may include the fol7 lowing: 

8 ‘‘(i) Tiers of eligibility of law enforce9 ment agencies to purchase special justice 

10 items using covered funds based on need of 

11 law enforcement agencies for particular 

12 items, size and capabilities of law enforce13 ment agencies, or such other factors as the 

14 Attorney General may specify in the regu15 lations. 

16 ‘‘(ii) Restrictions on the numbers or 

17 types of special justice items that may be 

18 purchased by a particular law enforcement 

19 agency using covered funds, within a par20 ticular period of time, to law enforcement 

21 agencies in a particular region, or such 

22 other factors as the Attorney General may 

23 specify in regulations. 

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1 ment agencies purchased using covered 

2 funds based on size, capability, or such 

3 other factors the Attorney General may 

4 specify in the regulations. 

5 ‘‘(iv) Requirements for memoranda of 

6 understanding or other appropriate agree7 ments in the case of joint use of special 

8 justice items, purchased using covered 

9 funds, by more than 1 law enforcement 

10 agency. 

11 ‘‘(c) OTHER RESTRICTIONS AND LIMITATIONS ON

12 USE OF COVERED FUNDS.— 

13 ‘‘(1) PURCHASE OF SPECIAL JUSTICE ITEMS

14 USING COVERED FUNDS.— 

15 ‘‘(A) IN GENERAL.—A law enforcement 

16 agency may not receive or use covered funds to 

17 purchase a special justice item unless the law 

18 enforcement agency— 

19 ‘‘(i) except as provided in subpara20 graph (B), publishes a needs justification 

21 statement— 

22 ‘‘(I) on its website, on the 

23 website of its governing body, or in a 

24 manner and location in which the 

25 needs justification statement can be 


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1 easily viewed by the residents in the 

2 area in which the law enforcement 

3 agency has jurisdiction; 

4 ‘‘(II) that, except as provided in 

5 subclause (III), includes the informa6 tion required under subparagraph (C); 

7 and 

8 ‘‘(III) from which the law en9 forcement agency may redact— 

10 ‘‘(aa) the information re11 quired under clause (x) or (xi) of 

12 subparagraph (C); and 

13 ‘‘(bb) with respect to the 

14 training records required under 

15 clause (vi), any personally identi16 fiable information and all but the 

17 title and subject of such training 

18 courses; 

19 ‘‘(ii) obtains the approval of the head 

20 of the State, political subdivision of a 

21 State, or Indian tribe of which the law en22 forcement agency is an agency before re23 questing the covered funds; and 

24 ‘‘(iii) submits the needs justification 

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1 quired under subparagraph (C), to the en2 tity from which the law enforcement agen3 cy is to receive the covered funds. 

4 ‘‘(B) ONGOING OPERATIONS.—The re5 quirements under subparagraph (A)(i) shall not 

6 apply to a law enforcement agency that receives 

7 or uses covered funds to purchase a special jus8 tice item to be used in an active, ongoing 

9 counterterrorism or undercover operation. 

10 ‘‘(C) NEEDS JUSTIFICATION STATE11 MENTS.—A needs justification statement of a 

12 law enforcement agency shall include the fol13 lowing: 

14 ‘‘(i) The number and type of special 

15 justice items proposed to be purchased. 

16 ‘‘(ii) The number of sworn law en17 forcement officers of the law enforcement 

18 agency. 

19 ‘‘(iii) The number, if any, of items 

20 similar to the special justice item that the 

21 law enforcement agency has in good work22 ing condition. 

23 ‘‘(iv) The number and type of items, 

24 if any, that the law enforcement agency 

25 has that were— 


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1 ‘‘(I) transferred to the law en2 forcement agency under section 2576a 

3 of title 10, United States Code; or 

4 ‘‘(II) purchased using funds 

5 from— 

6 ‘‘(aa) the Urban Area Secu7 rity Initiative authorized under 

8 section 2003 of the Homeland 

9 Security Act of 2002 (6 U.S.C. 

10 604); or 

11 ‘‘(bb) the State Homeland 

12 Security Grant Program author13 ized under section 2004 of the 

14 Homeland Security Act of 2002 

15 (6 U.S.C. 605) during the 5-year 

16 period preceding the date on 

17 which the statement is published. 

18 ‘‘(v) The use of force policy of the law 

19 enforcement agency. 

20 ‘‘(vi) Whether the law enforcement 

21 agency intends to have a SWAT team use 

22 the special justice item and, if so, the 

23 training records of the SWAT team, in24 cluding the course outlines of such train25 ing. 


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1 ‘‘(vii) Whether the law enforcement 

2 agency has or plans to adopt a memo3 randum of understanding or other joint 

4 use agreement for the shared use of the 

5 special justice item with any other law en6 forcement agency. 

7 ‘‘(viii) The capability gap to be filled 

8 by the special justice item, and a descrip9 tion of the proposed use of the special jus10 tice item by the law enforcement agency. 

11 ‘‘(ix) Whether a consent decree is in 

12 effect between the United States and the 

13 law enforcement agency relating to civil 

14 rights abuses or excessive use of force. 

15 ‘‘(x) Whether the law enforcement 

16 agency is currently under investigation, or 

17 has been under investigation during the 

18 preceding 10 years, by the Department of 

19 Justice, an inspector general, or any equiv20 alent State or local entity for civil rights 

21 abuses or excessive use of force. 

22 ‘‘(xi) Whether the head of the law en23 forcement agency has ever been determined 

24 by the Department of Justice, an inspector 

25 general, or any equivalent State or local 


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1 entity to have engaged in civil rights 

2 abuses or excessive use of force, if such in3 formation is publicly available. 

4 ‘‘(xii)(I) Whether the law enforcement 

5 agency requested funds from a regional, 

6 State, or local political entity to purchase 

7 the requested item; 

8 ‘‘(II) if the law enforcement agency 

9 requested funds from a regional, State, or 

10 local political entity and the request was 

11 denied, a statement of the reason or rea12 sons for the denial; and 

13 ‘‘(III) if the law enforcement agency 

14 did not request funds from a regional, 

15 State, or local political entity, a statement 

16 explaining why the law enforcement agency 

17 did not do so. 

18 ‘‘(xiii) A certification that any item 

19 purchased using covered funds has not 

20 been, and will not be, used by a SWAT 

21 team of the law enforcement agency engag22 ing in routine patrol-related incidents, non23 tactical incidents, or non-tactical assign24 ments. 


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1 ‘‘(xiv) Any other information on the 

2 recent record of the law enforcement agen3 cy regarding civil rights and the excessive 

4 use of force that the Attorney General de5 termines appropriate. 

6 ‘‘(2) RESTRICTIONS ON SMALL LAW ENFORCE7 MENT AGENCIES.— 

8 ‘‘(A) PROHIBITION ON PURCHASE OF TAC9 TICAL MILITARY VEHICLES BY SMALL LAW EN10 FORCEMENT AGENCIES.—A law enforcement 

11 agency with 10 or fewer sworn law enforcement 

12 officers— 

13 ‘‘(i) that has 1 or more functioning 

14 tactical military vehicles may not use cov15 ered funds to purchase a tactical military 

16 vehicle; 

17 ‘‘(ii) that does not have a functioning 

18 tactical military vehicle may use covered 

19 funds to purchase not more than 1 tactical 

20 military vehicle; or 

21 ‘‘(iii) that is the designated procure22 ment agency for a multi-jurisdictional 

23 joint-use agreement may use covered funds 

24 for the purchase of more than 1 tactical 

25 military vehicle, or receive more than 1 


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1 tactical military vehicle purchased using 

2 covered funds, if the agency purchases or 

3 receives not more than 1 tactical military 

4 vehicle for every 10 sworn law enforcement 

5 officers covered by the joint-use agreement. 

6 ‘‘(B) LIMITATION ON USE OF ITEMS BY

7 SMALL SWAT TEAMS.—A special justice item 

8 purchased using covered funds may not be used 

9 by— 

10 ‘‘(i) a SWAT team composed of fewer 

11 than 17 sworn law enforcement officers; 

12 ‘‘(ii) a SWAT team composed entirely 

13 of members from a single law enforcement 

14 agency that has fewer than 35 sworn law 

15 enforcement officers; or 

16 ‘‘(iii) a SWAT team composed of 

17 members from 2 or more law enforcement 

18 agencies which agencies have, in aggregate, 

19 fewer than 35 sworn law enforcement offi20 cers. 

21 ‘‘(3) RESTRICTIONS ON LOCAL EDUCATION

22 AGENCIES.— 

23 ‘‘(A) PROHIBITION ON USE OF COVERED

24 FUNDS.—A local educational agency, or a law 

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1 cation agency, may not use covered funds to 

2 purchase a tactical military vehicle if— 

3 ‘‘(i) the local educational agency is 

4 served by a law enforcement agency that— 

5 ‘‘(I) is unaffiliated with the local 

6 education agency; and 

7 ‘‘(II) has a tactical military vehi8 cle; or 

9 ‘‘(ii) the local educational agency is 

10 served by 1 or more law enforcement agen11 cies that are unaffiliated with the local 

12 education agency and no such serving 

13 agency will agree to store and maintain the 

14 tactical military vehicle for the local edu15 cational agency. 

16 ‘‘(B) LIMITATION ON USE OF COVERED

17 FUNDS.—A local educational agency that pur18 chases a tactical military vehicle using covered 

19 funds may not use funds of the local edu20 cational agency— 

21 ‘‘(i) to transport the tactical military 

22 vehicle to the district of the local edu23 cational agency; or 

24 ‘‘(ii) to maintain the tactical military 

25 vehicle. 


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1 ‘‘(4) CAMOUFLAGE UNIFORMS OR CLOTHING.— 

2 A law enforcement agency may only use funding 

3 provided under this subpart to purchase camouflage 

4 uniforms or clothing if the camouflage uniforms or 

5 clothing are for use by a SWAT team that dem6 onstrates a legitimate geographic or environmental 

7 need for camouflage uniforms or clothing based on 

8 the physical environment in which the SWAT team 

9 operates. 

10 ‘‘(5) APPROVAL REQUIRED FOR PURCHASE OF

11 CERTAIN ITEMS.— 

12 ‘‘(A) NO DELEGATION OF AUTHORITY.— 

13 The Attorney General may not delegate the au14 thority to approve an application for a grant 

15 under this subpart if the application proposes 

16 to use funds for the purchase of an item speci17 fied in subparagraph (B). 

18 ‘‘(B) ITEMS.—The items specified in this 

19 subparagraph are the following: 

20 ‘‘(i) Weapons over .50 caliber. 

21 ‘‘(ii) Grenades, flash bang grenades, 

22 grenade launchers, and grenade launcher 

23 attachments. 

24 ‘‘(iii) Tactical military vehicles. 


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1 ‘‘(6) LAW ENFORCEMENT AGENCIES UNDER

2 CONSENT DECREES.—A law enforcement agency for 

3 which a consent decree is in effect between the 

4 United States and the law enforcement agency, or 

5 that is under investigation by the Department of 

6 Justice, relating to civil rights abuses or excessive 

7 use of force may not use covered funds to purchase 

8 any weapon or tactical military vehicle. 

9 ‘‘(7) TRANSPORTATION COSTS.—No covered 

10 funds may be used to pay the cost of transporting 

11 an eligible defense item transferred to a law enforce12 ment agency under section 2576a of title 10, United 

13 States Code. 

14 ‘‘(d) TRAINING AND CERTIFICATION.— 

15 ‘‘(1) STATE CERTIFICATION OF LAW ENFORCE16 MENT INSTRUCTORS.— 

17 ‘‘(A) IN GENERAL.—On and after the date 

18 that is 3 years after the date of enactment of 

19 the Protecting Communities and Police Act of 

20 2015, a State, and any law enforcement agency 

21 of or in the State, may not receive or use cov22 ered funds to purchase a special justice item 

23 unless the chief executive of the State certifies 

24 to the Attorney General that the State conducts 

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1 structors in the provision of training that meets 

2 the requirements under subparagraph (B). 

3 ‘‘(B) PROGRAM REQUIREMENTS.—The re4 quirements for a program described in subpara5 graph (A) are the following: 

6 ‘‘(i) The program shall include in7 struction in training on the following: 

8 ‘‘(I) The use of force by law en9 forcement officers in the ordinary 

10 course of their duties. 

11 ‘‘(II) The use of special justice 

12 items by law enforcement officers in 

13 the ordinary course of their duties. 

14 ‘‘(III) The use of special justice 

15 items by SWAT teams. 

16 ‘‘(IV) The appropriate deploy17 ment of SWAT teams. 

18 ‘‘(V) Civil rights and civil lib19 erties. 

20 ‘‘(VI) Any other matters on the 

21 training of law enforcement officers 

22 that the head of the State law en23 forcement agency considers appro24 priate. 


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1 ‘‘(ii) A list of the instructors who are 

2 certified pursuant to the program or pur3 suant to the program conducted by the 

4 Secretary of Homeland Security under sec5 tion 2010 of the Homeland Security Act of 

6 2002 shall be maintained and published. 

7 ‘‘(C) DISCHARGE THROUGH EXISTING PRO8 GRAMS.—A State may satisfy the requirement 

9 under subparagraph (A) using a program in ef10 fect on the date that is 3 years after the date 

11 of the enactment of the Protecting Commu12 nities and Police Act of 2015 if such program 

13 satisfies the requirements in subparagraph (B). 

14 ‘‘(2) MINIMUM ANNUAL TRAINING REQUIRE15 MENTS.— 

16 ‘‘(A) ESTABLISHMENT.—On and after the 

17 date that is 3 years after the date of enactment 

18 of the Protecting Communities and Police Act 

19 of 2015, a State, and a unit of local govern20 ment within the State, may not receive covered 

21 funds unless the State establishes minimum an22 nual training requirements for all law enforce23 ment officers in the State, including— 


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1 ‘‘(i) specialized leadership training re2 quirements for chiefs of police or other de3 partment heads who have— 

4 ‘‘(I) decisionmaking authority on 

5 the deployment of SWAT teams and 

6 tactical military vehicles; or 

7 ‘‘(II) responsibility for drafting 

8 policies on the use of force and SWAT 

9 team deployment; 

10 ‘‘(ii) specialized SWAT team training 

11 requirements for all SWAT team members; 

12 ‘‘(iii) training in appropriate crowd13 control tactics; and 

14 ‘‘(iv) not less than 1 training session 

15 on sensitivity, including training on ethnic 

16 and racial bias, cultural diversity, and law 

17 enforcement interaction with disabled indi18 viduals, mentally ill individuals, and new 

19 immigrants. 

20 ‘‘(B) FEDERALLY CERTIFIED OR STATE21 CERTIFIED INSTRUCTORS.—The training re22 quirements established by a State under sub23 paragraph (A) may only be satisfied through 

24 training conducted by an instructor certified 

25 under— 


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1 ‘‘(i) a program conducted by the Sec2 retary of Homeland Security under section 

3 2010 of the Homeland Security Act of 

4 2002; or 

5 ‘‘(ii) a program conducted by a State 

6 under paragraph (1). 

7 ‘‘(C) CERTIFICATION OF COMPLETED

8 TRAINING.—On and after the date that is 1 

9 year after the date on which a program is es10 tablished under paragraph (1), a law enforce11 ment agency may not receive covered funds un12 less the law enforcement agency certifies to the 

13 Attorney General that each sworn law enforce14 ment officer employed by the law enforcement 

15 agency has met all applicable minimum annual 

16 training requirements established by the State 

17 in which the law enforcement agency is located 

18 under subparagraph (A) of this paragraph. 

19 ‘‘(D) FALSE CERTIFICATION.—The Attor20 ney General shall suspend or terminate the eli21 gibility of a law enforcement agency to receive 

22 covered funds if the law enforcement agency in23 tentionally submits a false certification under 

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1 quirements established by the State in which 

2 the law enforcement agency is located under 

3 subparagraph (A). 

4 ‘‘(E) SATISFACTION BY RECENT HIREES.— 

5 The requirements under subparagraph (A) shall 

6 provide for the first completion of the training 

7 concerned by an individual who becomes an offi8 cer in a law enforcement agency or becomes a 

9 member of a SWAT team by not later than 1 

10 year after the date on which the individual be11 comes an officer in the law enforcement agency 

12 or becomes a member of a SWAT team, as ap13 plicable. 

14 ‘‘(3) BEST PRACTICES.— 

15 ‘‘(A) IN GENERAL.—On and after the date 

16 that is 2 years after the date of enactment of 

17 the Protecting Communities and Police Act of 

18 2015, the Attorney General shall publish, peri19 odically review, distribute to each State or unit 

20 of local government that applies for a grant 

21 under this subpart, and require each such State 

22 or unit of local government to distribute to each 

23 organization or unit of local government with 

24 respect to which the State or unit of local gov25 ernment enters into a contract or makes a 


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1 subaward under section 501(b), best practices 

2 for— 

3 ‘‘(i) training law enforcement officers 

4 and the use of lethal and non-lethal force 

5 by law enforcement officers; 

6 ‘‘(ii) training, use, and deployment of 

7 SWAT teams; and 

8 ‘‘(iii) community-oriented police ef9 forts. 

10 ‘‘(B) ATTORNEY GENERAL UPDATES TO

11 CONGRESS REGARDING DELAY IN PUBLICATION

12 OF BEST PRACTICES.—On and after the date 

13 that is 2 years after the date of enactment of 

14 the Protecting Communities and Police Act of 

15 2015, if the Attorney General has not published 

16 the best practices required under subparagraph 

17 (A), the Attorney General shall provide quar18 terly updates to Congress on the reason for the 

19 delay in publication and the expected date of 

20 publication. 

21 ‘‘(e) REPORTING AND POLICY REQUIREMENTS.— 

22 ‘‘(1) REPORTING AND RECORDKEEPING RE23 QUIREMENTS FOR GRANT FUNDING RECIPIENTS.— 

24 ‘‘(A) SWAT TEAM DEPLOYMENT

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1 ceives covered funds shall maintain a record of 

2 each deployment of a SWAT team by the law 

3 enforcement agency, which shall include— 

4 ‘‘(i) the type of police activity for 

5 which the SWAT team is deployed; 

6 ‘‘(ii) the rationale for the deployment; 

7 ‘‘(iii) the nexus between— 

8 ‘‘(I) the use of force policy and 

9 SWAT team policy of the law enforce10 ment agency; and 

11 ‘‘(II) the police activity for which 

12 the SWAT team is deployed; and 

13 ‘‘(iv) a description, written after the 

14 deployment, of whether force or weapons 

15 were used by or against the law enforce16 ment officers serving on the SWAT team. 

17 ‘‘(B) EQUIPMENT PURCHASED.—A law en18 forcement agency that purchases equipment 

19 using covered funds shall submit to the Attor20 ney General a report describing the quantity 

21 and type of equipment purchased. 

22 ‘‘(2) DOJ REPORTS.— 

23 ‘‘(A) SPECIAL JUSTICE ITEMS.—The At24 torney General shall publish and submit to Con25 gress, the Secretary of Defense, and the SecVerDate Sep 11 2014 01:18 May 20, 2015 Jkt 049200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H2326.IH H2326

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1 retary of Homeland Security an annual report 

2 on special justice items that includes, with re3 spect to the preceding year— 

4 ‘‘(i) the number and type of special 

5 justice items purchased using covered 

6 funds; and 

7 ‘‘(ii) an appendix describing— 

8 ‘‘(I) each law enforcement agency 

9 that used covered funds to purchase a 

10 special justice item; 

11 ‘‘(II) the number of each special 

12 justice item described in subclause (I) 

13 purchased by each law enforcement 

14 agency; and 

15 ‘‘(III) a summary of the needs 

16 justification statement submitted 

17 under subsection (c)(1)(A)(i) by each 

18 law enforcement agency described in 

19 subclause (I) of this clause. 

20 ‘‘(B) CRIME RATES.—The Attorney Gen21 eral shall collect and publish data on crime 

22 rates over time for each jurisdiction in which a 

23 law enforcement agency receives covered funds. 

24 ‘‘(C) DOJ GUIDES AND BEST PRAC25 TICES.—The Attorney General shall conduct 


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1 periodic surveys on the use of materials pub2 lished by the Attorney General in print and on3 line relating to local law enforcement training 

4 and the use of force, including lethal and non5 lethal force. 

6 ‘‘(f) WHISTLEBLOWER AND INDEPENDENT OVER7 SIGHT REQUIREMENTS.— 

8 ‘‘(1) WHISTLEBLOWER REQUIREMENTS.—On or 

9 after the date that is 3 years after the date of enact10 ment of the Protecting Communities and Police Act 

11 of 2015, a State or unit of local government of a 

12 State may not receive covered funds unless the chief 

13 executive of the State certifies to the Attorney Gen14 eral that the State— 

15 ‘‘(A) has in place— 

16 ‘‘(i) a program, including a public 

17 complaint hotline, that provides individuals 

18 the ability to disclose any— 

19 ‘‘(I) misuse of equipment pur20 chased using covered funds; or 

21 ‘‘(II) other waste, fraud, or abuse 

22 in connection with the use of covered 

23 funds; and 

24 ‘‘(ii) mechanisms (commonly referred 

25 to as ‘whistleblower protections’) to protect 


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1 individuals who make a disclosure de2 scribed in clause (i) from retaliatory or 

3 other adverse personnel actions in connec4 tion with such disclosures; and 

5 ‘‘(B) publicizes the existence of the pro6 gram and whistleblower protections described in 

7 subparagraph (A). 

8 ‘‘(2) CERTIFICATION OF OVERSIGHT AND AC9 COUNTABILITY.— 

10 ‘‘(A) CERTIFICATION REQUIRED.—A law 

11 enforcement agency may not receive covered 

12 funds unless the head of the law enforcement 

13 agency submits to the Attorney General a writ14 ten certification (in the form of a memorandum 

15 of understanding, memorandum of agreement, 

16 or letterhead correspondence) that an entity 

17 that is unaffiliated with the law enforcement 

18 agency is authorized— 

19 ‘‘(i) to receive any complaints regard20 ing the use of special justice items and 

21 covered funds of the law enforcement agen22 cy; 

23 ‘‘(ii) to periodically review and assess 

24 the use of special justice items and covered 

25 funds by the law enforcement agency; and 


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1 ‘‘(iii) to make recommendations to the 

2 law enforcement agency regarding the use 

3 of special justice items and covered funds 

4 by the law enforcement agency that are ei5 ther— 

6 ‘‘(I) non-binding in character; or 

7 ‘‘(II) binding in character, if au8 thorized by— 

9 ‘‘(aa) a law or ordinance 

10 governing the law enforcement 

11 agency or the entity; or 

12 ‘‘(bb) an agreement between 

13 the governing body of the law en14 forcement agency and organiza15 tions representing law enforce16 ment officers of the law enforce17 ment agency. 

18 ‘‘(B) DISCHARGE THROUGH EXISTING EN19 TITIES.—A law enforcement agency may satisfy 

20 the requirement in subparagraph (A) through 

21 an entity that exists as of the date of the enact22 ment of the Protecting Communities and Police 

23 Act of 2015, including an independent review 

24 board, a Federal, State, or local inspector gen25 eral, a Federal, State, county, or city attorney 


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1 general, a district attorney, the Federal Bureau 

2 of Investigation or another Federal agency, a 

3 State agency, a State or local governing body 

4 (such as a city council or county commission), 

5 a law enforcement council, or an independent 

6 entity established by one or more such officials, 

7 agencies, or entities on behalf of one or more 

8 law enforcement agencies. 

9 ‘‘(g) SUSPENSION AND TERMINATION.— 

10 ‘‘(1) FOR LOST OR STOLEN ITEMS.—If a special 

11 justice item purchased by a law enforcement agency 

12 using covered funds is lost, stolen, or misappro13 priated— 

14 ‘‘(A) in the case of an offensive weapon or 

15 ordnance— 

16 ‘‘(i) on the first occurrence in the case 

17 of the law enforcement agency, the Attor18 ney General, after providing the law en19 forcement agency with notice and the op20 portunity to contest the allegation, shall 

21 suspend the law enforcement agency from 

22 eligibility to receive covered funds for a pe23 riod of not less than 6 months; and 

24 ‘‘(ii) on the subsequent occurrence in 

25 the case of the law enforcement agency, 


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1 the Attorney General, after providing the 

2 law enforcement agency with notice and 

3 the opportunity to contest the allegation, 

4 shall terminate the law enforcement agency 

5 from eligibility to receive covered funds; 

6 and 

7 ‘‘(B) in the case of a special justice item 

8 not described in subparagraph (A)— 

9 ‘‘(i) on the third occurrence in the 

10 case of the law enforcement agency, the 

11 Director, after providing the law enforce12 ment agency with notice and the oppor13 tunity to contest the allegation, shall sus14 pend the law enforcement agency from eli15 gibility to receive covered funds for a pe16 riod of 6 months; and 

17 ‘‘(ii) on any subsequent occurrence in 

18 the case of the law enforcement agency, 

19 the Director, after providing the law en20 forcement agency with notice and the op21 portunity to contest the allegation, shall 

22 suspend the law enforcement agency from 

23 eligibility to receive covered funds for a pe24 riod of 3 years. 


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1 ‘‘(2) INTENTIONAL FALSIFICATION OF INFOR2 MATION.—If a law enforcement agency is determined 

3 by the Attorney General to have intentionally fal4 sified any information relating to the use of covered 

5 funds, the Attorney General, after providing the law 

6 enforcement agency with notice and the opportunity 

7 to contest the determination, shall terminate the law 

8 enforcement agency from eligibility to receive cov9 ered funds. 

10 ‘‘(h) ADDITIONAL PROGRAM OVERSIGHT.— 

11 ‘‘(1) ATTORNEY GENERAL OBLIGATIONS.— 

12 ‘‘(A) SUBGRANTEE OVERSIGHT.—In con13 ducting oversight of the use of covered funds, 

14 the Attorney General shall conduct inspections 

15 of some local law enforcement agencies that re16 ceive covered funds through a subaward under 

17 section 501(b), to ensure compliance with this 

18 section. 

19 ‘‘(B) LAW ENFORCEMENT EXPERTISE.— 

20 ‘‘(i) ESTABLISHMENT OF POSITION.— 

21 The Attorney General shall appoint indi22 viduals with expertise in State and local 

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1 tions under this subpart by determining 

2 whether equipment proposed to be pur3 chased by a law enforcement agency using 

4 covered funds is— 

5 ‘‘(I) appropriate to the mission of 

6 the law enforcement agency; and 

7 ‘‘(II) necessary based on the 

8 needs justification statement sub9 mitted by the law enforcement agency 

10 under subsection (c)(1)(A)(iii). 

11 ‘‘(ii) NUMBER OF INDIVIDUALS.—The 

12 Attorney General shall appoint as many in13 dividuals under clause (i) as necessary to 

14 ensure that— 

15 ‘‘(I) not less than 1 such indi16 vidual is involved in the determination 

17 under clause (i) for each grant appli18 cation under this subpart; and 

19 ‘‘(II) the involvement of such in20 dividuals in the process of assessing 

21 grant applications under this subpart 

22 does not delay the process. 

23 ‘‘(iii) MANAGERIAL EXPERIENCE PRE24 FERRED.—In appointing individuals under 

25 clause (i), the Attorney General shall give 


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1 preference to individuals with law enforce2 ment managerial expertise. 

3 ‘‘(2) GRANT RECIPIENT OBLIGATIONS.— 

4 ‘‘(A) RECORDING SWAT TEAM DEPLOY5 MENTS.—A law enforcement agency may not 

6 use covered funds to purchase any item for use 

7 by a SWAT team unless the law enforcement 

8 agency— 

9 ‘‘(i) certifies to the Attorney General 

10 that a video recording shall be made of 

11 each SWAT team deployment involving the 

12 use of the item; and 

13 ‘‘(ii) develops, implements, and pub14 lishes a policy for video recording SWAT 

15 team deployments that— 

16 ‘‘(I) describes the appropriate 

17 use of video recording equipment, in18 cluding whether such equipment 

19 should be left on at all times; 

20 ‘‘(II) includes mechanisms to 

21 preserve, to the extent practicable, the 

22 integrity and security of a video re23 cording, including— 

24 ‘‘(aa) a description of the 

25 personnel of the law enforcement 


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1 agency, and other parties, who 

2 are authorized to access the re3 cording; 

4 ‘‘(bb) mechanisms for the 

5 storage of the recording; and 

6 ‘‘(cc) measures to ensure the 

7 cybersecurity of the recording (if 

8 applicable to the storage, reten9 tion, and retrieval of the record10 ing); 

11 ‘‘(III) includes policies on the au12 thorized and unauthorized public re13 lease of a video recording; and 

14 ‘‘(IV) includes a requirement 

15 that any video recording of an inter16 action between a law enforcement offi17 cer and an individual who is not a law 

18 enforcement officer involving the use 

19 of force (whether deadly or otherwise) 

20 shall be retained by the law enforce21 ment agency for a period not shorter 

22 than the period of limitation in the 

23 State concerned for actions for civil 

24 rights violations under section 1979 of 


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1 the Revised Statutes (42 U.S.C. 

2 1983). 

3 ‘‘(B) USE OF BODY CAMERAS BY LAW EN4 FORCEMENT OFFICERS.—A law enforcement 

5 agency that uses covered funds to purchase or 

6 maintain a body camera, or for related costs, 

7 shall have in place, and make available to the 

8 public, a policy on the use of a body camera by 

9 a law enforcement officer that includes— 

10 ‘‘(i) a policy on the appropriate use of 

11 a body camera, including whether the cam12 era should be left on at all times; 

13 ‘‘(ii) mechanisms to preserve, to the 

14 extent practicable, the integrity and secu15 rity of a video recording made by a body 

16 camera, including— 

17 ‘‘(I) a description of the per18 sonnel of the law enforcement agency, 

19 and other parties, who are authorized 

20 to access the recording; 

21 ‘‘(II) mechanisms for the storage 

22 of the recording; and 

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1 cable to the storage, retention, and re2 trieval of the recording); 

3 ‘‘(iii) a policy on the authorized and 

4 unauthorized public release of a video re5 cording; and 

6 ‘‘(iv) a requirement that any video re7 cording of an interaction between a law en8 forcement officer and an individual who is 

9 not a law enforcement officer involving the 

10 use of force (whether deadly or otherwise) 

11 shall retained by the law enforcement 

12 agency for a period not shorter than the 

13 period of limitation in the State concerned 

14 for actions for civil rights violations under 

15 section 1979 of the Revised Statutes (42 

16 U.S.C. 1983).’’. 

17 (b) PROHIBITED USES OF COVERED FUNDS.—Sec18 tion 501(d)(2) of title I of the Omnibus Crime Control 

19 and Safe Streets Act of 1968 (42 U.S.C. 3751(d)(2)) is 

20 amended— 

21 (1) by redesignating subparagraphs (B) 

22 through (E) as subparagraphs (C) through (F), re23 spectively; and 

24 (2) by inserting after subparagraph (A) the fol25 lowing: 


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1 ‘‘(B) unmanned aerial vehicles, unmanned 

2 aircraft, or unmanned aircraft systems;’’. 

3 (c) FUNDS FOR BODY CAMERAS.—Section 505(b) of 

4 title I of the Omnibus Crime Control and Safe Streets Act 

5 of 1968 (42 U.S.C. 3755(b)) is amended— 

6 (1) in paragraph (1)— 

7 (A) by striking ‘‘60 percent’’ and inserting 

8 ‘‘57.5 percent’’; and 

9 (B) by striking ‘‘and’’ at the end; 

10 (2) in paragraph (2)— 

11 (A) by striking ‘‘40 percent’’ and inserting 

12 ‘‘37.5 percent’’; and 

13 (B) by striking the period at the end and 

14 inserting a semicolon; and 

15 (3) by adding at the end the following: 

16 ‘‘(3) 2.5 percent shall be for direct grants to 

17 States for the purchase or maintenance of body cam18 eras, dashboard cameras, or gun cameras for law en19 forcement agencies and related costs; and 

20 ‘‘(4) 2.5 percent shall be for direct grants to 

21 units of local government for the purchase or main22 tenance of body cameras, dashboard cameras, or gun 

23 cameras for law enforcement agencies and related 

24 costs.’’. 


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1 SEC. 8. DEPARTMENT OF JUSTICE REPORTS ON SWAT 

2 TEAMS. 

3 (a) DEFINITION.—In this section, the term ‘‘SWAT 

4 team’’ means a Special Weapons and Tactics team or 

5 other specialized tactical team composed of sworn law en6 forcement officers. 

7 (b) COLLECTION AND ANALYSIS OF DATA.—The At8 torney General shall collect and analyze data on the use 

9 of SWAT teams by Federal, State, local, and tribal law 

10 enforcement agencies. 

11 (c) TYPE OF DATA.—The data collected and analyzed 

12 by the Attorney General under subsection (b) shall in13 clude— 

14 (1) the number of deployments of SWAT 

15 teams; 

16 (2) the reason for each deployment of a SWAT 

17 team; 

18 (3) the composition of each SWAT team, in19 cluding, at minimum, the number of members on 

20 each SWAT team; 

21 (4) the number of law enforcement agencies 

22 with SWAT teams, categorized by the overall size of 

23 the law enforcement agencies; 

24 (5) the number of SWAT teams composed of 

25 officers from multiple law enforcement agencies; 


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1 (6) the amount of initial training and ongoing 

2 training of SWAT teams being conducted; 

3 (7) the community outreach undertaken to ex4 plain and publicize SWAT team deployment policies; 

5 (8) information on the deployment of SWAT 

6 teams in low-income neighborhoods; and 

7 (9) any other information that the Attorney 

8 General determines to be relevant. 

9 (d) PUBLIC AVAILABILITY OF DATA.—Not less fre10 quently than once every 6 months, the Attorney General 

11 shall publish the data collected under subsection (b). 

12 (e) REPORT.—Not less frequently than once every 5 

13 years, the Attorney General shall publish a report that 

14 contains the analysis conducted under subsection (b). 

15 SEC. 9. FEDERAL LAW ENFORCEMENT TRAINING CENTER 

16 CERTIFICATION OF INSTRUCTORS IN TRAIN17 ING ON USE OF FORCE AND SPECIAL EQUIP18 MENT. 

19 (a) IN GENERAL.—Subtitle A of title XX of the 

20 Homeland Security Act of 2002 (6 U.S.C. 603 et seq.), 

21 as amended by this Act, is amended by adding at the end 

22 the following: 

23 ‘‘SEC. 2010. CERTIFICATION OF INSTRUCTORS IN TRAINING 

24 ON USE OF FORCE AND SPECIAL EQUIPMENT. 

25 ‘‘(a) DEFINITIONS.—In this section— 


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1 ‘‘(1) the term ‘eligible defense item’ has the 

2 meaning given the term in section 2576a(w) of title 

3 10, United States Code; 

4 ‘‘(2) the terms ‘law enforcement agency’, ‘re5 stricted item’, and ‘SWAT team’ have the meanings 

6 given those terms in section 2009(a); and 

7 ‘‘(3) the term ‘special justice item’ has the 

8 meaning given the term in section 509(a) of the Om9 nibus Crime Control and Safe Streets Act of 1968. 

10 ‘‘(b) CERTIFICATION OF INSTRUCTORS.—On and 

11 after the date that is 3 years after the date of enactment 

12 of the Protecting Communities and Police Act of 2015, 

13 the Secretary shall, through the Federal Law Enforcement 

14 Training Center, conduct programs to certify instructors 

15 to conduct training courses on law enforcement tactics for 

16 State, local, and tribal law enforcement agencies. 

17 ‘‘(c) ELEMENTS.—The programs conducted under 

18 this section shall include instruction in training on the fol19 lowing: 

20 ‘‘(1) The use of force by State, local, and tribal 

21 law enforcement officers in the ordinary course of 

22 their duties. 

23 ‘‘(2) The use of restricted items, eligible defense 

24 items, and special justice items by State, local, and 


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1 tribal law enforcement officers in the ordinary 

2 course of their duties. 

3 ‘‘(3) The use of restricted items, eligible defense 

4 items, and special justice items by SWAT teams. 

5 ‘‘(4) The appropriate deployment of SWAT 

6 teams. 

7 ‘‘(5) Any other matters on the training of 

8 State, local, and tribal law enforcement officers that 

9 the Secretary considers appropriate. 

10 ‘‘(d) LIST OF CERTIFIED INSTRUCTORS.—The Sec11 retary shall maintain and publish a list of instructors who 

12 are certified pursuant to a program conducted under this 

13 section. 

14 ‘‘(e) ADMINISTRATION OF STATE PROGRAMS.—The 

15 Federal Law Enforcement Training Center may enter into 

16 an agreement with a State to— 

17 ‘‘(1) manage or implement the State’s program 

18 for law enforcement instructor certification described 

19 in— 

20 ‘‘(A) section 2009(d)(1)(A) of this Act; 

21 ‘‘(B) section 2576a(o)(1) of title 10, 

22 United States Code; or 

23 ‘‘(C) section 509(d)(1)(A) of the Omnibus 

24 Crime Control and Safe Streets Act of 1968; or 


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•HR 2326 IH

1 ‘‘(2) provide certified instructors for a program 

2 described in paragraph (1).’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

4 The table of contents in section 1(b) of the Homeland Se5 curity Act of 2002 (Public Law 107–96; 116 Stat. 2135), 

6 as amended by this Act, is amended by inserting after the 

7 item relating to section 2009 the following: 

‘‘Sec. 2010. Certification of instructors in training on use of force and special 

equipment.’’. 

Æ 


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