I 

113TH CONGRESS 

2D SESSION H. R. 5413 

To amend title 10, United States Code, to require that Federal, State, 

and local agencies to which surplus military equipment and personal 

property is sold or donated demonstrate that agency personnel are certified, trained, or licensed, as appropriate, in the proper operation of 

the equipment prior to the sale or donation. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 8, 2014 

Mr. JOLLY introduced the following bill; which was referred to the Committee 

on Armed Services 

A BILL 

To amend title 10, United States Code, to require that 

Federal, State, and local agencies to which surplus military equipment and personal property is sold or donated 

demonstrate that agency personnel are certified, trained, 

or licensed, as appropriate, in the proper operation of 

the equipment prior to the sale or donation. 

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


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•HR 5413 IH

1 SECTION 1. REQUIREMENT THAT STATE AND LOCAL AGEN2 CIES RECEIVE TRAINING IN PROPER OPER3 ATION OF SURPLUS MILITARY EQUIPMENT 

4 AND PROPERTY PRIOR TO SALE OR TRANS5 FER OF EQUIPMENT BY DEPARTMENT OF DE6 FENSE. 

7 (a) SALE TO STATE AND LOCAL LAW ENFORCE8 MENT, FIREFIGHTING, HOMELAND SECURITY, AND

9 EMERGENCY MANAGEMENT AGENCIES.—Section 2576 of 

10 title 10, United States Code, is amended by adding at the 

11 end the following new subsection: 

12 ‘‘(c) The Secretary of Defense shall require, as a con13 dition of the sale of any surplus military equipment under 

14 this section, that the State or local law enforcement, fire15 fighting, homeland security, or emergency management 

16 agency purchasing the equipment demonstrates, prior to 

17 the sale of the equipment, that agency personnel have been 

18 certified, trained, or licensed, as appropriate, in the proper 

19 operation of the equipment.’’. 

20 (b) SALE OR DONATION FOR LAW ENFORCEMENT

21 ACTIVITIES.—Section 2576a(b) of such title is amended— 

22 (1) in paragraph (3), by striking ‘‘and’’ at the 

23 end; 

24 (2) in paragraph (4), by striking the period and 

25 inserting ‘‘; and’’; and 


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•HR 5413 IH

1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(5) the recipient agency demonstrates, prior to 

4 the transfer, that agency personnel have been cer5 tified, trained, or licensed, as appropriate, in the 

6 proper operation of the property.’’. 

7 (c) SALE OR DONATION TO ASSIST FIREFIGHTING

8 AGENCIES.—Section 2576b of such title is amended— 

9 (1) in paragraph (3), by striking ‘‘and’’ at the 

10 end; 

11 (2) in paragraph (4), by striking the period and 

12 inserting ‘‘; and’’; and 

13 (3) by adding at the end the following new 

14 paragraph: 

15 ‘‘(5) the recipient agency demonstrates, prior to 

16 the transfer, that agency personnel have been cer17 tified, trained, or licensed, as appropriate, in the 

18 proper operation of the property.’’. 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 this Act shall apply with respect to the sale, transfer, or 

21 donation of property or equipment made after the date 

22 of the enactment of this Act. 

Æ 


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