730 
‘‘(4) DISCHARGE OF TRANSFER.—The Director 
and the State Coordinator concerned shall jointly 
carry out the transfer of eligible defense items cov-
ered by applications approved by the Director under 
this subsection. 
‘‘(k) PUBLIC NOTICE ON REQUESTS FOR TRANS-
FERS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a State or local law enforcement agency 
requesting transfer of an eligible defense item under 
this section, including pursuant to interagency trans-
fer under subsection (r), shall— 
‘‘(A) publish notice to the public on such 
request, including the information specified in 
subsection (l) (other than paragraphs (7), (11), 
(12), and (16) of that subsection, and with any 
personally identifiable information otherwise re-
quired by paragraphs (17) and (18) of that 
subsection redacted) if such information is not 
otherwise available to the public; and 
‘‘(B) obtain approval of the request by the 
State or political subdivision of a State of which 
the law enforcement agency is an agency. 
‘‘(2) EXCEPTION.— 
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‘‘(A) ITEMS
FOR
UNDERCOVER
OPER-
ATIONS.—A State or local law enforcement 
agency requesting transfer of an eligible defense 
item is not required to comply with paragraph 
(1) if the item requested is for an active under-
cover operation. 
‘‘(B) ALTERNATIVE
NOTICE
REQUIRE-
MENT.—A State or local law enforcement agen-
cy receiving an item under this section pursuant 
to a request covered by subparagraph (A) shall 
publish public notice of the request not later 
than 10 business days after the conclusion of 
the undercover operation for which the item 
was requested. 
‘‘(l) INFORMATION IN SUPPORT OF APPLICATIONS.— 
The application of a State or local law enforcement agency 
for the transfer of eligible defense items under subsection 
(j)(1), and the transmittal of the State Coordinator con-
cerned to the Director of the Defense Logistics Agency 
with respect to the application pursuant to subsection 
(j)(2), shall include with the application a statement of 
the need of the law enforcement agency for the items as 
described in subsection (j)(1), which shall include the fol-
lowing: 
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‘‘(1) The type and amount of each item being 
requested. 
‘‘(2) The name of the law enforcement agency. 
‘‘(3) The number of sworn law enforcement of-
ficers of the law enforcement agency. 
‘‘(4) The number, if any, of items similar to the 
items being requested that the law enforcement 
agency has in good working condition. 
‘‘(5) The amount and type of items, if any, that 
the law enforcement agency has that were purchased 
using funds from— 
‘‘(A) the Urban Area Security Initiative 
authorized under section 2003 of the Homeland 
Security Act of 2002 (6 U.S.C. 604); 
‘‘(B) the State Homeland Security Grant 
Program authorized under section 2004 of the 
Homeland Security Act of 2002 (6 U.S.C. 605); 
or 
‘‘(C) the Edward Byrne Memorial Justice 
Assistance Grant Program under subpart 1 of 
part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3750 
et seq.). 
‘‘(6) The use of force policy of the law enforce-
ment agency. 
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‘‘(7) Whether the law enforcement agency in-
tends for SWAT teams to use the requested items, 
and, if so, the deployment policies of the law en-
forcement agency for SWAT teams. 
‘‘(8) Whether the law enforcement agency has 
or plans to adopt a memorandum of understanding 
or other joint use agreement for the shared use of 
the requested items with any other law enforcement 
agency. 
‘‘(9) The capability gap to be filled by the items 
requested, and a description of the proposed use of 
the items by the law enforcement agency. 
‘‘(10) Whether a consent decree is in effect be-
tween the United States and the law enforcement 
agency relating to civil rights abuses or excessive use 
of force. 
‘‘(11) Whether the law enforcement agency is 
currently under investigation, or has been under in-
vestigation in the last 10 years, by the Department 
of Justice, an inspector general, or any equivalent 
State or local entity for civil rights abuses or exces-
sive use of force. 
‘‘(12) Whether the chief of police of the law en-
forcement agency has ever been determined by the 
Department of Justice, an inspector general, or any 
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equivalent State or local entity to have engaged in 
civil rights abuses or excessive use of force. 
‘‘(13) Whether the law enforcement agency re-
quested funds from a regional, State, or local polit-
ical entity to purchase the requested items, and— 
‘‘(A) if so and the request was denied, a 
statement of the reason or reasons for such de-
nial; or 
‘‘(B) if not, a statement of the reason or 
reasons the law enforcement agency did not. 
‘‘(14) Such other information on the recent 
record of the law enforcement agency regarding civil 
rights and the excessive use of force as the Director 
shall specify in the regulations for purposes of this 
section. 
‘‘(15) An executed maintenance requirement re-
lease acknowledging that the law enforcement agen-
cy understands and accepts responsibility for all 
costs associated with the upkeep of the items. 
‘‘(16) Detailed documentation on the manner in 
which the law enforcement agency will provide for 
the storage and security of the items. 
‘‘(17) A description of the policies and proce-
dures of the law enforcement agency for use of the 
items, including who will have authority over the use 
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of the items and an organizational chart, and the 
names and titles of agency members, who will have 
charge of the items. 
‘‘(18) Documentation showing that the mem-
bers identified pursuant to paragraph (17) as in 
charge of items have been trained in the use and de-
ployment of such items within the past five years, or 
identifying specific training such members identified 
shall participate not later than 90 days after receipt 
of the items. 
‘‘(19) Certification that any eligible defense 
items transferred under this section for use by a 
SWAT team have not been used, and will not be 
used, by a SWAT team engaging in routine patrol- 
related incidents, non-tactical incidents, and non-tac-
tical assignments. 
‘‘(20) Such other information on the law en-
forcement agency, and the application of the law en-
forcement agency, as the Director shall specify in 
the regulations for purposes of this section. 
‘‘(m) REQUIREMENTS IN CONNECTION WITH USE OF 
ELIGIBLE DEFENSE ITEMS BY SWAT TEAMS.— 
‘‘(1) SWAT TEAM TRAINING RECORDS.—Eligi-
ble defense items may not be transferred to a State 
or local law enforcement agency under this section 
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for use by a SWAT team unless the law enforcement 
agency requesting such items certifies to the Direc-
tor of the Defense Logistics Agency that the law en-
forcement agency makes available to the public the 
training records of the SWAT team, including the 
course outlines of such training (except that any 
personally identifiable information, and all but the 
title and subject of such training, may be redacted). 
The Attorney General shall issue, and may from 
time to time update, nonbinding guidelines on such 
policies. 
‘‘(2) VIDEO RECORDING OF DEPLOYMENTS.— 
Eligible defense items may not be transferred to a 
State or local law enforcement agency under this 
section for use by a SWAT team unless the law en-
forcement agency requesting such items certifies to 
the Director that a video recording shall be made of 
each SWAT team deployment involving the use of 
such items. Any video recording secured under this 
paragraph involving the use of force (whether deadly 
or otherwise) shall be retained by the law enforce-
ment agency for a period not shorter than the period 
of limitation in the State concerned for actions for 
civil rights violations under section 1979 of the Re-
vised Statutes (42 U.S.C. 1983). 
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‘‘(n) POLICIES
ON USE
OF VIDEO RECORDING 
EQUIPMENT AND RECORDING.— 
‘‘(1) IN GENERAL.—Video recording equipment 
(including body cameras) may not be transferred to 
a State or local law enforcement agency under this 
section unless the law enforcement agency request-
ing such equipment certifies to the Director of the 
Defense Logistics Agency that the law enforcement 
agency has in place, and makes available to the pub-
lic, policies on the use of such equipment by law en-
forcement officers, and on securing video recordings 
of operations of law enforcement officers using video 
equipment, that meets the requirements specified in 
paragraph (2). 
‘‘(2) POLICY
REQUIREMENTS.—The require-
ments specified in this paragraph for policies de-
scribed in paragraph (1) are the following: 
‘‘(A) Policies on the appropriate use of 
video recording equipment, including whether 
such equipment should be left on at all times. 
‘‘(B) Mechanisms to preserve, to the extent 
practicable, the integrity and security of video 
recordings, including a description of the per-
sonnel of the law enforcement agency, and 
other parties, who are authorized to access the 
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recordings, mechanisms for the storage of re-
cordings, and measures to ensure the cybersecu-
rity of such recordings (if applicable to the stor-
age, retention, and retrieval of such recordings). 
‘‘(C) Policies on the authorized and unau-
thorized public release of video recordings. 
‘‘(D) A requirement that any video record-
ing of an interaction between a law enforcement 
officer and an individual who is not a law en-
forcement officer involving the use of force 
(whether deadly or otherwise) shall retained by 
the law enforcement agency for a period not 
shorter than the period of limitation in the 
State concerned for actions for civil rights viola-
tions under section 1979 of the Revised Stat-
utes (42 U.S.C. 1983). 
‘‘(o) STATE CERTIFICATION
OF INSTRUCTORS
IN 
TRAINING ON USE OF FORCE AND CERTAIN ITEMS.— 
‘‘(1) CERTIFICATION
OF
INSTRUCTORS
IN 
TRAINING REQUIRED.—On and after the date that is 
three years after the date of the enactment of the 
Protecting Communities and Police Act of 2015 eli-
gible defense items may not be transferred to a 
State or local law enforcement agency of a State 
under this section unless the Governor of the State 
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(or the designee of the Governor) certifies to the Di-
rector of the Defense Logistics Agency that the 
State conducts a program for certifying police in-
structors in the provision of training on the use of 
force, and in the use of eligible defense items and 
special justice items, that meets the requirements 
specified in paragraph (2). Any instructor certified 
under a program conducted under section 2010 of 
the Homeland Security Act of 2002 shall be consid-
ered certified as a police instructor in any State for 
purposes of this subsection. 
‘‘(2) PROGRAM REQUIREMENTS.—The require-
ments specified in this paragraph for a program de-
scribed in paragraph (1) are the following: 
‘‘(A) The program shall include instruction 
in training on the following: 
‘‘(i) The use of force by State and 
local law enforcement officers in the ordi-
nary course of their duties. 
‘‘(ii) The use of eligible defense items 
and special justice items by State and local 
law enforcement officers in the ordinary 
course of their duties. 
‘‘(iii) The use of eligible defense items 
and special justice items by SWAT teams. 
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‘‘(iv) The appropriate deployment of 
SWAT teams. 
‘‘(v) Civil rights and civil liberties. 
‘‘(vi) Any other matters on the train-
ing of State and local law enforcement offi-
cers that the Governor of the State (or the 
designee of the Governor) considers appro-
priate. 
‘‘(B) A list of the instructors who are cer-
tified pursuant to the program shall be main-
tained and published. 
‘‘(3) DISCHARGE
THROUGH
EXISTING
PRO-
GRAMS.—A State may satisfy the requirement in 
paragraph (1) using a program in effect on the date 
that is three years after the date of the enactment 
of the Protecting Communities and Police Act of 
2015 if such program satisfies the requirements in 
paragraph (2). 
‘‘(p) TRAINING REQUIREMENTS.— 
‘‘(1) MINIMUM
ANNUAL
TRAINING
REQUIRE-
MENTS FOR LAW ENFORCEMENT OFFICERS.— 
‘‘(A) IN GENERAL.—On and after the date 
that is three years after the date of the enact-
ment of the Protecting Communities and Police 
Act of 2015, eligible defense items may not be 
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transferred to a State or local law enforcement 
agency under this section unless the Governor 
of the State (or the designee of the Governor) 
certifies to the Director of the Defense Logis-
tics Agency that the State has in place min-
imum annual training requirements for all 
sworn law enforcement officers in the State, in-
cluding— 
‘‘(i) specialized leadership training re-
quirements for heads of law enforcement 
agencies who have— 
‘‘(I) decisionmaking authority on 
the deployment of SWAT teams and 
tactical military vehicles; or 
‘‘(II) responsibility for drafting 
policies on the use of force and SWAT 
team deployment; 
‘‘(ii) specialized SWAT team training 
requirements for all SWAT team members, 
including in law enforcement tactics used 
in tactical operations; 
‘‘(iii) training in the appropriate use 
and deployment of tactical military vehi-
cles; and 
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‘‘(iv) training on sensitivity, including 
training on ethnic and racial bias, cultural 
diversity, and police interaction with the 
disabled, mentally ill, and new immigrants. 
‘‘(B) SATISFACTION BY RECENT HIREES.— 
The requirements under subparagraph (A) shall 
provide for the first completion of the training 
concerned by an individual who becomes an offi-
cer in a law enforcement agency by not later 
than one year after the date on which the indi-
vidual becomes an officer in the law enforce-
ment agency. 
‘‘(2) STATE COORDINATORS.—On and after the 
date that is three years after the date of the enact-
ment of the Protecting Communities and Police Act 
of 2015, eligible defense items may not be trans-
ferred to a State or local law enforcement agency of 
a State under this section unless the Governor of the 
State (or the designee of the Governor) certifies to 
the Director of the Defense Logistics Agency that 
the individual who serves as a State Coordinator in 
the State receives on an annual basis training in the 
following: 
‘‘(A) Inventory management. 
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‘‘(B) The assessment of the needs of State 
and local law enforcement agencies for eligible 
defense items. 
‘‘(3) USE OF ELIGIBLE DEFENSE ITEMS.— 
‘‘(A) IN GENERAL.—On and after the date 
that is three years after the date of the enact-
ment of the Protecting Communities and Police 
Act of 2015, eligible defense items may not be 
transferred to a State or local law enforcement 
agency under this section unless the head of the 
law enforcement agency requesting such items 
certifies to the Director that any law enforce-
ment officer who is authorized to use such 
items will have received training on the proper 
law enforcement use of such items by an in-
structor certified as described in subsection (o) 
or section 2010 of the Homeland Security Act 
of 2002. 
‘‘(B) SATISFACTION BY RECENT HIREES.— 
Training required by subparagraph (A) shall be 
completed by an individual who becomes a 
member of a State or local law enforcement 
agency by not later than one year after the date 
on which the individual becomes a member of 
the law enforcement agency. 
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‘‘(4) SWAT TEAMS.— 
‘‘(A) IN GENERAL.—On and after the date 
that is three years after the date of the enact-
ment of the Protecting Communities and Police 
Act of 2015, eligible defense items may not be 
transferred to a State or local law enforcement 
agency under this section for use by a SWAT 
team unless the head of the law enforcement 
agency requesting such items certifies to the 
Director that any law enforcement officer who 
is a member of such SWAT team will have par-
ticipated during the preceding year in tactical 
SWAT team training by an instructor certified 
as described in subsection (o) or section 2010 
of the Homeland Security Act of 2002 and 
training required pursuant to paragraph (1). 
‘‘(B) SATISFACTION BY RECENT HIREES.— 
Training required by subparagraph (A) shall be 
completed by an individual who becomes a 
member of a SWAT team by not later than one 
year after the date on which the individual be-
comes a member of the SWAT team. 
‘‘(q) WHISTLEBLOWER AND INDEPENDENT OVER-
SIGHT REQUIREMENTS.— 
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‘‘(1) WHISTLEBLOWER
REQUIREMENTS.—On 
and after the date that is three years after the date 
of the enactment of the Protecting Communities and 
Police Act of 2015, eligible defense items may not 
be transferred to a State or local law enforcement 
agency of a State under this section unless the Gov-
ernor of the State (or the designee of the Governor) 
certifies to the Director of the Defense Logistics 
Agency that the State— 
‘‘(A) has in place— 
‘‘(i) a program, including a public 
complaint hotline, that provides individuals 
the ability to disclose any waste, fraud, or 
abuse in connection with the use of such 
items; and 
‘‘(ii) mechanisms (commonly referred 
to as ‘whistleblower protections’) to protect 
individuals who make a disclosure de-
scribed in clause (i) from retaliatory or 
other adverse personnel actions in connec-
tion with such disclosures; and 
‘‘(B) publicizes the existence of the pro-
gram and whistleblower protections described in 
subparagraph (A). 
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‘‘(2) CERTIFICATION OF OVERSIGHT AND AC-
COUNTABILITY.— 
‘‘(A) CERTIFICATION REQUIRED.—Eligible 
defense items may not be transferred to a State 
or local law enforcement agency under this sec-
tion unless the head of the law enforcement 
agency requesting such items submits to the Di-
rector a written certification (in the form of a 
memorandum of understanding, memorandum 
of agreement, or letterhead correspondence) 
that an entity that is unaffiliated with the law 
enforcement agency is authorized— 
‘‘(i) to receive any complaints regard-
ing the use of any equipment and funds of 
the law enforcement agency; 
‘‘(ii) to periodically review and assess 
the use of such equipment and funds by 
the law enforcement agency; and 
‘‘(iii) to make recommendations to the 
law enforcement agency regarding the use 
of such equipment and funds by the law 
enforcement agency that are either— 
‘‘(I) non-binding in character; or 
‘‘(II) binding in character, if au-
thorized by a law or ordinance gov-
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erning the law enforcement agency or 
the entity or by an agreement between 
the governing body of the law enforce-
ment agency and organizations rep-
resenting law enforcement officers of 
the law enforcement agency. 
‘‘(B) DISCHARGE THROUGH EXISTING EN-
TITIES.—A law enforcement agency may satisfy 
the requirement in subparagraph (A) through 
an entity that exists as of the date of the enact-
ment of the Protecting Communities and Police 
Act of 2015, including an independent review 
board, a Federal, State, or local inspector gen-
eral, a Federal, State, county, or city attorney 
general, a district attorney, the Federal Bureau 
of Investigation or another Federal agency, a 
State agency, a State or local governing body 
(such as a city council or county commission), 
a law enforcement council, or an independent 
entity established by one or more such officials, 
agencies, or entities on behalf of one or more 
law enforcement agencies. 
‘‘(r) INTERAGENCY TRANSFER.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), a 
State or local law enforcement agency may transfer 
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an eligible defense item transferred to the law en-
forcement agency under this section to another State 
or local law enforcement agency. 
‘‘(2) APPROVAL
REQUIRED.—An eligible de-
fense item may not be transferred by a State or 
local law enforcement agency to another law enforce-
ment agency under this subsection without the ap-
proval of the Director of the Defense Logistics 
Agency (or the designee of the Director). A law en-
forcement agency seeking the approval of the Direc-
tor for the transfer of an item pursuant to this para-
graph shall submit to the Director an application 
therefor in such form and manner as the Director 
shall specify in the regulations for purposes of this 
section under subsection (g). 
‘‘(s) SUSPENSION AND TERMINATION.— 
‘‘(1) FOR
LOST
OR
STOLEN
ITEMS.—In the 
event an item transferred to a State or local law en-
forcement agency under this section is lost, stolen, 
or misappropriated— 
‘‘(A) in the case of an offensive weapon or 
ordnance— 
‘‘(i) on the first occurrence in the case 
of the law enforcement agency, the Direc-
tor of the Defense Logistics Agency, after 
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providing the law enforcement agency with 
notice and the opportunity to contest the 
allegation, shall suspend the law enforce-
ment agency from eligibility for receipt of 
items under this section for a period of 6 
months; and 
‘‘(ii) on any subsequent occurrence in 
the case of the law enforcement agency, 
the Director, after providing the law en-
forcement agency with notice and the op-
portunity to contest the allegation, shall 
suspend the law enforcement agency from 
eligibility for receipt of items under this 
section for a period of five years; and 
‘‘(B) in the case of any other item— 
‘‘(i) on the third occurrence in the 
case of the law enforcement agency, the 
Director, after providing the law enforce-
ment agency with notice and the oppor-
tunity to contest the allegation, shall sus-
pend the law enforcement agency from eli-
gibility for receipt of items under this sec-
tion for a period of 6 months; and 
‘‘(ii) on any subsequent occurrence in 
the case of the law enforcement agency, 
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750 
the Director, after providing the law en-
forcement agency with notice and the op-
portunity to contest the allegation, shall 
suspend the law enforcement agency from 
eligibility for receipt of items under this 
section for a period of three years. 
‘‘(2) INTENTIONAL FALSIFICATION OF INFOR-
MATION.—In the event a State or local law enforce-
ment agency is determined by the Director (or the 
designee of the Director) to have intentionally fal-
sified any information in requesting or applying for 
items under this section, the Director, after pro-
viding the law enforcement agency with notice and 
the opportunity to contest the determination, shall 
terminate the law enforcement agency from eligi-
bility for receipt of items under this section. 
‘‘(t) REPORT REQUIREMENTS.— 
‘‘(1) STATE
AND
LOCAL
LAW
ENFORCEMENT 
AGENCIES REPORT REQUIREMENTS.—Not later than 
one year after the date of the enactment of the Pro-
tecting Communities and Police Act of 2015 and 
every year thereafter, each State or local law en-
forcement agency that receives eligible defense items 
under this section shall submit to the Director of the 
Defense Logistics Agency a report setting forth an 
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751 
accounting of such items. Each report of an agency 
shall include the following: 
‘‘(A) For weapons, tactical vehicles, air-
craft, and boats, time-stamped serial numbers 
of the items. 
‘‘(B) Such information on the status and 
use of such items as the Secretary of Defense 
requires in order to make the reports required 
by paragraph (2). 
‘‘(2) SECRETARY
OF
DEFENSE
REPORT
RE-
QUIREMENTS.—Not later than one year after Pro-
tecting Communities and Police Act of 2015, once a 
year for every four years thereafter, and once every 
three years thereafter after such five years, the Sec-
retary of Defense shall submit to the Attorney Gen-
eral, the Secretary of Homeland Security, and Con-
gress, and make available to the public, a com-
prehensive report on the use during the preceding 
year of eligible defense items transferred under this 
section. Each report shall include the following: 
‘‘(A) A description of all eligible defense 
items transferred under this section during the 
year covered by such report, including an ap-
pendix setting forth a plain English description 
or manufacturer make, model number, and 
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name of each item transferred, the quantity of 
each item transferred, the recipient of each 
item, and a brief explanation of the need for 
each item by the recipient. 
‘‘(B) A statement of the items described in 
subparagraph (A) that were in new or like-new 
condition at the time of transfer. 
‘‘(C) For each type of eligible defense item 
transferred under this section during the year 
covered by such report, the quantity, if any, of 
the same or a similar item purchased by the 
Department of Defense during the prior fiscal 
year. 
‘‘(D) The number of requests for transfer 
of eligible defense items during the year covered 
by such report that were approved by State Co-
ordinators and the Director of the Defense Lo-
gistics Agency. 
‘‘(E) The number of requests for transfer 
of eligible defense items during the year covered 
by such report that were approved by State Co-
ordinators but denied by the Director, and, for 
each such request, a statement of the type of 
item requested and the reason or reasons for 
the denial. 
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‘‘(F) The number of requests for transfer 
of eligible defense items during the year covered 
by such report that were denied by State Coor-
dinators, and, for each such request, a state-
ment of the type of item requested and the rea-
son or reasons for the denial. 
‘‘(u) CONSTRUCTION WITH OTHER DLA AUTHOR-
ITY.—Nothing in this section shall be construed to over-
ride, alter, or supersede the authority of the Director of 
the Defense Logistics Agency to dispose of property of the 
Department of Defense that is not a controlled defense 
item to law enforcement agencies under another other pro-
vision of law. 
‘‘(v) NON-CONTROLLED DEFENSE ITEMS TO LAW 
ENFORCEMENT AGENCIES.—Notwithstanding any provi-
sion of chapter 5 of title 40 or any other provision of law, 
the Administrator of General Services shall accord a pri-
ority in the disposal of excess and surplus items and equip-
ment of the Department of Defense that are not controlled 
defense items to law enforcement agencies. 
‘‘(w) DEFINITIONS.—In this section: 
‘‘(1) The term ‘controlled defense item’ means 
property of the Department of Defense that is sub-
ject to the restrictions of the United States Muni-
tions List (22 Code of Federal Regulations Part 
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121) or the Commerce Control List (15 Code of 
Federal Regulations Part 774). 
‘‘(2) The term ‘eligible defense item’ means a 
controlled defense item that is eligible for transfer to 
a law enforcement agency pursuant to this section. 
‘‘(3) The term ‘law enforcement council’ means 
a consortium of law enforcement agencies operating 
in a partnership within a region to promote and en-
hance public safety. 
‘‘(4) The term ‘local educational agency’ has 
the meaning given that term in section 8013(9) of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7713(9)). 
‘‘(5) The term ‘special justice item’ has the 
meaning given that term in section 509(a) of the 
Omnibus Crime Control and Safe Streets Act of 
1968. 
‘‘(6) The term ‘State Coordinator’ means an in-
dividual appointed by the Governor of a State— 
‘‘(A) to manage requests of State and local 
law enforcement agencies of the State for eligi-
ble defense items; and 
‘‘(B) to ensure the appropriate use of eligi-
ble defense items transferred under this section 
by such law enforcement agencies. 
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‘‘(7) The term ‘State or local law enforcement 
agency’ means a State or local agency or entity with 
law enforcement officers that have arrest and appre-
hension authority and whose primary function is to 
enforce the laws. The term includes a local edu-
cational agency with such officers. The term does 
not include a firefighting agency or entity. 
‘‘(8) The term ‘SWAT team’ means a Special 
Weapons and Tactics team or other specialized tac-
tical team composed of State or local sworn law en-
forcement officers. 
‘‘(9) The term ‘tactical military vehicle’ means 
an armored vehicle having military characteristics 
resulting from military research and development 
processes, designed primarily for use by forces in the 
field in direction connection with, or support of, 
combat or tactical operations.’’. 
(b) LIMITATIONS ON TRANSFER OF CERTAIN ITEMS 
PENDING ACHIEVEMENT OF CERTAIN PROGRAM MILE-
STONES.— 
(1) LIMITATION
PENDING
EMPLOYMENT
OF 
LAW ENFORCEMENT EXPERTS IN DLA.—No item de-
scribed in paragraph (4) may be transferred under 
section 2576a of title 10, United States Code (as 
amended by subsection (a)), until the employment in 
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the Defense Logistics Agency of law enforcement ex-
perts required by subsection (e) of such section. 
(2) DELAYED LIMITATION PENDING APPOINT-
MENT OF TASK FORCE.—Effective as of the date 
that is one year after the date of the enactment of 
this Act, no item described in paragraph (4) may be 
transferred under section 2576a of title 10, United 
States Code (as so amended), until the appointment 
of the task force required by section 4 of this Act. 
(3) DELAYED LIMITATION PENDING PUBLICA-
TION OF LIST OF ELIGIBLE DEFENSE ITEMS.—Ef-
fective as of the date that is two years after the date 
of the enactment of this Act, no item described in 
paragraph (4) may be transferred under section 
2576a of title 10, United States Code (as so amend-
ed), until the publication under subsection (f)(3) of 
such section of the items determined to be eligible 
defense items for purposes of such section. 
(4) COVERED
ITEMS.—An item described in 
this paragraph is the following: 
(A) A controlled defense item. 
(B) An eligible defense item. 
(C) 
An 
item 
specified 
in 
section 
2576a(g)(4)(B) of title 10, United States Code 
(as so amended). 
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(5) DEFINITIONS.—In this subsection, the 
terms ‘‘controlled defense item’’ and ‘‘eligible de-
fense item’’ have the meaning given such terms in 
section 2576a(w) of title 10, United States Code (as 
so amended). 
(c) RESTATEMENT AND MODIFICATION OF CURRENT 
AUTHORITY
FOR TRANSFER
FOR FEDERAL LAW EN-
FORCEMENT
ACTIVITIES.—Chapter 153 of title 10, 
United States Code, is amended— 
(1) by redesignating section 2576b as section 
2576d; and 
(2) by inserting after section 2576a (as amend-
ed by subsection (a)) the following new sections: 
‘‘§ 2576b. Excess personal property: sale or donation 
of certain non-controlled defense items 
for State or local law enforcement activi-
ties 
‘‘(a) TRANSFER AUTHORIZED.—(1) Notwithstanding 
any other provision of law and subject to subsection (b), 
the Secretary of Defense may transfer to State agencies 
personal property of the Department of Defense that the 
Secretary determines is— 
‘‘(A) not a controlled defense item, an eligible 
defense item, or an item specified in section 
2576a(g)(4)(B) of this title; 
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‘‘(B) suitable for use by State agencies in law 
enforcement activities, including counter-drug and 
counter-terrorism activities; and 
‘‘(C) excess to the needs of the Department of 
Defense. 
‘‘(2) The Secretary shall carry out this section in con-
sultation with the Attorney General and the Director of 
National Drug Control Policy. 
‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary of 
Defense may transfer personal property under this section 
only if— 
‘‘(1) the property is drawn from existing stocks 
of the Department of Defense; 
‘‘(2) the recipient accepts the property on an 
as-is, where-is basis; 
‘‘(3) the transfer is made without the expendi-
ture of any funds available to the Department of 
Defense for the procurement of defense equipment; 
and 
‘‘(4) all costs incurred subsequent to the trans-
fer of the property are borne or reimbursed by the 
recipient. 
‘‘(c) CONSIDERATION.—Subject to subsection (b)(4), 
the Secretary may transfer personal property under this 
section without charge to the recipient agency. 
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‘‘(d) DEFINITIONS.—In this section, the terms ‘con-
trolled defense item’ and ‘eligible defense item’ have the 
meaning given such terms in section 2576a(w) of this title. 
‘‘§ 2576c. Excess personal property: sale or donation 
for Federal law enforcement activities 
‘‘(a) TRANSFER AUTHORIZED.—(1) Notwithstanding 
any other provision of law and subject to subsection (b), 
the Secretary of Defense may transfer to Federal agencies 
personal property of the Department of Defense, including 
small arms and ammunition, that the Secretary deter-
mines is— 
‘‘(A) suitable for use by the agencies in law en-
forcement activities, including counter-drug and 
counter-terrorism activities; and 
‘‘(B) excess to the needs of the Department of 
Defense. 
‘‘(2) The Secretary shall carry out this section in con-
sultation with the Attorney General and the Director of 
National Drug Control Policy. 
‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary of 
Defense may transfer personal property under this section 
only if— 
‘‘(1) the property is drawn from existing stocks 
of the Department of Defense; 
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‘‘(2) the recipient accepts the property on an 
as-is, where-is basis; 
‘‘(3) the transfer is made without the expendi-
ture of any funds available to the Department of 
Defense for the procurement of defense equipment; 
and 
‘‘(4) all costs incurred subsequent to the trans-
fer of the property are borne or reimbursed by the 
recipient. 
‘‘(c) CONSIDERATION.—Subject to subsection (b)(4), 
the Secretary may transfer personal property under this 
section without charge to the recipient agency.’’. 
(d) CLERICAL AMENDMENTS.—The table of sections 
at the beginning of chapter 153 of title 10, United States 
Code, is amended by striking the items relating to sections 
2576a and 2576b and inserting the following new items: 
‘‘2576a. Excess personal property: sale or donation of certain controlled defense 
items for State or local law enforcement activities. 
‘‘2576b. Excess personal property: sale or donation of certain non-controlled de-
fense 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 agen-
cies.’’. 
(e) CJCS DUTY TO ENSURE FEDERAL AGENCY RE-
SPONSIBILITY FOR TRANSFERRED PROPERTY.—Section 
153(a) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (6) as para-
graph (7); and 
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(2) by inserting after paragraph (5) the fol-
lowing new paragraph (6): 
‘‘(6) TRANSFERS OF DOD PROPERTY FOR FED-
ERAL
LAW
ENFORCEMENT
ACTIVITIES.—Ensuring 
that Federal agencies to which property of the De-
partment of Defense is transferred pursuant to sec-
tion 2576c of this title accept responsibility for in-
ventory, management, accountability, and disposal of 
such property.’’. 
SEC. 1050. EDWARD BYRNE MEMORIAL JUSTICE ASSIST-
ANCE GRANTS. 
(a) USE OF FUNDS BY LAW ENFORCEMENT.—Sub-
part 1 of part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 509. USE OF FUNDS BY LAW ENFORCEMENT. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered funds’ means funds pro-
vided under this subpart; 
‘‘(2) the term ‘law enforcement agency’— 
‘‘(A) means an agency or entity with law 
enforcement officers— 
‘‘(i) who have arrest and apprehension 
authority; and 
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‘‘(ii) whose primary function is to en-
force the laws; 
‘‘(B) includes a local educational agency 
with officers described in subparagraph (A); 
and 
‘‘(C) does not include a firefighting agency 
or entity; 
‘‘(3) the term ‘local educational agency’ has the 
meaning given that term in section 8013(9) of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7713(9)); 
‘‘(4) the term ‘prohibited item’ means an item 
that the Attorney General determines under sub-
section (b)(1) may not be purchased by a law en-
forcement agency using covered funds; 
‘‘(5) the term ‘special justice item’ means an 
item that the Attorney General determines under 
subsection (b)(1) is not generally issued to a law en-
forcement patrol officer but is suitable for certain 
uses by law enforcement officers in engagements 
with individuals who are not law enforcement offi-
cers; 
‘‘(6) the term ‘SWAT team’ means a Special 
Weapons and Tactics team or other specialized tac-
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tical team composed of sworn law enforcement offi-
cers; and 
‘‘(7) the term ‘tactical military vehicle’ means 
an armored vehicle having military characteristics 
resulting from military research and development 
processes, designed primarily for use by forces in the 
field in direct connection with, or support of, combat 
or tactical operations. 
‘‘(b) PURCHASE OF CERTAIN ITEMS BY LAW EN-
FORCEMENT.— 
‘‘(1) LISTS OF PROHIBITED ITEMS AND SPE-
CIAL JUSTICE ITEMS.— 
‘‘(A) IN GENERAL.—The Attorney General, 
in consultation with the task force appointed 
under section 4 of the Protecting Communities 
and Police Act of 2015, shall— 
‘‘(i) not later than 3 years after the 
date of enactment of the Protecting Com-
munities and Police Act of 2015, create— 
‘‘(I) a list of prohibited items; 
and 
‘‘(II) a list of special justice 
items; and 
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‘‘(ii) review and revise each list cre-
ated under clause (i) not less often than 
once every 5 years. 
‘‘(B) 
SPECIFIC
ITEMS.—The 
Attorney 
General shall place each of the following items 
on the list of prohibited items or the list of spe-
cial justice items: 
‘‘(i) Weapons over .50 caliber. 
‘‘(ii) Tactical military vehicles. 
‘‘(iii) Other tactical military equip-
ment. 
‘‘(iv) Tactical law enforcement bal-
listic protection equipment other than bal-
listic vests, including ballistic helmets, bal-
listic shields, battle dress uniforms, and 
camouflage uniforms and clothing. 
‘‘(v) Grenades, flash bang grenades, 
grenade launchers, and grenade launcher 
attachments. 
‘‘(C) PUBLICATION.—The Attorney Gen-
eral shall publish each list created under sub-
paragraph (A) on the website of the Depart-
ment of Justice and in the Federal Register. 
‘‘(2) PROHIBITED ITEMS.— 
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‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a law enforcement agency 
may not use covered funds to purchase a pro-
hibited item or receive a prohibited item that 
was purchased using covered funds. 
‘‘(B) EXCEPTION.— 
‘‘(i) THREATS
TO
NATIONAL
SECU-
RITY.—A law enforcement agency may 
purchase a prohibited item using covered 
funds, or receive a prohibited item that 
was purchased using covered funds, if— 
‘‘(I) the Attorney General deter-
mines that the prohibited item will be 
useful in preventing or mitigating 
damage resulting from a threat to na-
tional security; 
‘‘(II) the law enforcement agency 
has in place an agreement with the 
National Guard of the State in which 
the law enforcement agency is located 
for the storage of the restricted item 
at a National Guard site; and 
‘‘(III) the law enforcement pro-
vides a copy of the agreement de-
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scribed in subclause (II) to the Attor-
ney General. 
‘‘(ii) UPDATE TO LIST.—If a threat to 
national security justifies the purchase of a 
prohibited item under clause (i), the Attor-
ney General shall publish an updated list 
of prohibited items or special justice items, 
as appropriate, under paragraph (1)(C) as 
soon as practicable. 
‘‘(3) AUTHORITY
TO
PRESCRIBE
REGULA-
TIONS.— 
‘‘(A) IN GENERAL.—The Attorney General 
may prescribe regulations that place restrictions 
and limitations on special justice items that 
may be purchased by law enforcement agencies 
using covered funds, based on the appropriate-
ness of the use of the items in law enforcement 
activities. 
‘‘(B) AUTHORIZED ELEMENTS.—The regu-
lations prescribed by the Attorney General 
under subparagraph (A) may include the fol-
lowing: 
‘‘(i) Tiers of eligibility of law enforce-
ment agencies to purchase special justice 
items using covered funds based on need of 
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law enforcement agencies for particular 
items, size and capabilities of law enforce-
ment agencies, or such other factors as the 
Attorney General may specify in the regu-
lations. 
‘‘(ii) Restrictions on the numbers or 
types of special justice items that may be 
purchased by a particular law enforcement 
agency using covered funds, within a par-
ticular period of time, to law enforcement 
agencies in a particular region, or such 
other factors as the Attorney General may 
specify in regulations. 
‘‘(iii) Restrictions on the use of par-
ticular special justice items by law enforce-
ment agencies purchased using covered 
funds based on size, capability, or such 
other factors the Attorney General may 
specify in the regulations. 
‘‘(iv) Requirements for memoranda of 
understanding or other appropriate agree-
ments in the case of joint use of special 
justice items, purchased using covered 
funds, by more than 1 law enforcement 
agency. 
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‘‘(c) OTHER RESTRICTIONS AND LIMITATIONS ON 
USE OF COVERED FUNDS.— 
‘‘(1) PURCHASE
OF
SPECIAL
JUSTICE
ITEMS 
USING COVERED FUNDS.— 
‘‘(A) IN
GENERAL.—A law enforcement 
agency may not receive or use covered funds to 
purchase a special justice item unless the law 
enforcement agency— 
‘‘(i) except as provided in subpara-
graph (B), publishes a needs justification 
statement— 
‘‘(I) on its website, on the 
website of its governing body, or in a 
manner and location in which the 
needs justification statement can be 
easily viewed by the residents in the 
area in which the law enforcement 
agency has jurisdiction; 
‘‘(II) that, except as provided in 
subclause (III), includes the informa-
tion required under subparagraph (C); 
and 
‘‘(III) from which the law en-
forcement agency may redact— 
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‘‘(aa) the information re-
quired under clause (x) or (xi) of 
subparagraph (C); and 
‘‘(bb) with respect to the 
training records required under 
clause (vi), any personally identi-
fiable information and all but the 
title and subject of such training 
courses; 
‘‘(ii) obtains the approval of the head 
of the State, political subdivision of a 
State, or Indian tribe of which the law en-
forcement agency is an agency before re-
questing the covered funds; and 
‘‘(iii) submits the needs justification 
statement, including all information re-
quired under subparagraph (C), to the en-
tity from which the law enforcement agen-
cy is to receive the covered funds. 
‘‘(B) ONGOING
OPERATIONS.—The re-
quirements under subparagraph (A)(i) shall not 
apply to a law enforcement agency that receives 
or uses covered funds to purchase a special jus-
tice item to be used in an active, ongoing 
counterterrorism or undercover operation. 
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‘‘(C) 
NEEDS
JUSTIFICATION
STATE-
MENTS.—A needs justification statement of a 
law enforcement agency shall include the fol-
lowing: 
‘‘(i) The number and type of special 
justice items proposed to be purchased. 
‘‘(ii) The number of sworn law en-
forcement officers of the law enforcement 
agency. 
‘‘(iii) The number, if any, of items 
similar to the special justice item that the 
law enforcement agency has in good work-
ing condition. 
‘‘(iv) The number and type of items, 
if any, that the law enforcement agency 
has that were— 
‘‘(I) transferred to the law en-
forcement agency under section 2576a 
of title 10, United States Code; or 
‘‘(II) 
purchased 
using 
funds 
from— 
‘‘(aa) the Urban Area Secu-
rity Initiative authorized under 
section 2003 of the Homeland 
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771 
Security Act of 2002 (6 U.S.C. 
604); or 
‘‘(bb) the State Homeland 
Security Grant Program author-
ized under section 2004 of the 
Homeland Security Act of 2002 
(6 U.S.C. 605) during the 5-year 
period preceding the date on 
which the statement is published. 
‘‘(v) The use of force policy of the law 
enforcement agency. 
‘‘(vi) Whether the law enforcement 
agency intends to have a SWAT team use 
the special justice item and, if so, the 
training records of the SWAT team, in-
cluding the course outlines of such train-
ing. 
‘‘(vii) Whether the law enforcement 
agency has or plans to adopt a memo-
randum of understanding or other joint 
use agreement for the shared use of the 
special justice item with any other law en-
forcement agency. 
‘‘(viii) The capability gap to be filled 
by the special justice item, and a descrip-
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tion of the proposed use of the special jus-
tice item by the law enforcement agency. 
‘‘(ix) Whether a consent decree is in 
effect between the United States and the 
law enforcement agency relating to civil 
rights abuses or excessive use of force. 
‘‘(x) Whether the law enforcement 
agency is currently under investigation, or 
has been under investigation during the 
preceding 10 years, by the Department of 
Justice, an inspector general, or any equiv-
alent State or local entity for civil rights 
abuses or excessive use of force. 
‘‘(xi) Whether the head of the law en-
forcement agency has ever been determined 
by the Department of Justice, an inspector 
general, or any equivalent State or local 
entity to have engaged in civil rights 
abuses or excessive use of force, if such in-
formation is publicly available. 
‘‘(xii)(I) Whether the law enforcement 
agency requested funds from a regional, 
State, or local political entity to purchase 
the requested item; 
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‘‘(II) if the law enforcement agency 
requested funds from a regional, State, or 
local political entity and the request was 
denied, a statement of the reason or rea-
sons for the denial; and 
‘‘(III) if the law enforcement agency 
did not request funds from a regional, 
State, or local political entity, a statement 
explaining why the law enforcement agency 
did not do so. 
‘‘(xiii) A certification that any item 
purchased using covered funds has not 
been, and will not be, used by a SWAT 
team of the law enforcement agency engag-
ing in routine patrol-related incidents, non- 
tactical incidents, or non-tactical assign-
ments. 
‘‘(xiv) Any other information on the 
recent record of the law enforcement agen-
cy regarding civil rights and the excessive 
use of force that the Attorney General de-
termines appropriate. 
‘‘(2) RESTRICTIONS ON SMALL LAW ENFORCE-
MENT AGENCIES.— 
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‘‘(A) PROHIBITION ON PURCHASE OF TAC-
TICAL MILITARY VEHICLES BY SMALL LAW EN-
FORCEMENT
AGENCIES.—A law enforcement 
agency with 10 or fewer sworn law enforcement 
officers— 
‘‘(i) that has 1 or more functioning 
tactical military vehicles may not use cov-
ered funds to purchase a tactical military 
vehicle; 
‘‘(ii) that does not have a functioning 
tactical military vehicle may use covered 
funds to purchase not more than 1 tactical 
military vehicle; or 
‘‘(iii) that is the designated procure-
ment agency for a multi-jurisdictional 
joint-use agreement may use covered funds 
for the purchase of more than 1 tactical 
military vehicle, or receive more than 1 
tactical military vehicle purchased using 
covered funds, if the agency purchases or 
receives not more than 1 tactical military 
vehicle for every 10 sworn law enforcement 
officers covered by the joint-use agreement. 
‘‘(B) LIMITATION ON USE OF ITEMS BY 
SMALL
SWAT
TEAMS.—A special justice item 
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purchased using covered funds may not be used 
by— 
‘‘(i) a SWAT team composed of fewer 
than 17 sworn law enforcement officers; 
‘‘(ii) a SWAT team composed entirely 
of members from a single law enforcement 
agency that has fewer than 35 sworn law 
enforcement officers; or 
‘‘(iii) a SWAT team composed of 
members from 2 or more law enforcement 
agencies which agencies have, in aggregate, 
fewer than 35 sworn law enforcement offi-
cers. 
‘‘(3) RESTRICTIONS
ON
LOCAL
EDUCATION 
AGENCIES.— 
‘‘(A) PROHIBITION ON USE OF COVERED 
FUNDS.—A local educational agency, or a law 
enforcement agency affiliated with a local edu-
cation agency, may not use covered funds to 
purchase a tactical military vehicle if— 
‘‘(i) the local educational agency is 
served by a law enforcement agency that— 
‘‘(I) is unaffiliated with the local 
education agency; and 
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‘‘(II) has a tactical military vehi-
cle; or 
‘‘(ii) the local educational agency is 
served by 1 or more law enforcement agen-
cies that are unaffiliated with the local 
education agency and no such serving 
agency will agree to store and maintain the 
tactical military vehicle for the local edu-
cational agency. 
‘‘(B) LIMITATION
ON
USE
OF
COVERED 
FUNDS.—A local educational agency that pur-
chases a tactical military vehicle using covered 
funds may not use funds of the local edu-
cational agency— 
‘‘(i) to transport the tactical military 
vehicle to the district of the local edu-
cational agency; or 
‘‘(ii) to maintain the tactical military 
vehicle. 
‘‘(4) CAMOUFLAGE UNIFORMS OR CLOTHING.— 
A law enforcement agency may only use funding 
provided under this subpart to purchase camouflage 
uniforms or clothing if the camouflage uniforms or 
clothing are for use by a SWAT team that dem-
onstrates a legitimate geographic or environmental 
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need for camouflage uniforms or clothing based on 
the physical environment in which the SWAT team 
operates. 
‘‘(5) APPROVAL REQUIRED FOR PURCHASE OF 
CERTAIN ITEMS.— 
‘‘(A) NO DELEGATION OF AUTHORITY.— 
The Attorney General may not delegate the au-
thority to approve an application for a grant 
under this subpart if the application proposes 
to use funds for the purchase of an item speci-
fied in subparagraph (B). 
‘‘(B) ITEMS.—The items specified in this 
subparagraph are the following: 
‘‘(i) Weapons over .50 caliber. 
‘‘(ii) Grenades, flash bang grenades, 
grenade launchers, and grenade launcher 
attachments. 
‘‘(iii) Tactical military vehicles. 
‘‘(6) LAW
ENFORCEMENT
AGENCIES
UNDER 
CONSENT DECREES.—A law enforcement agency for 
which a consent decree is in effect between the 
United States and the law enforcement agency, or 
that is under investigation by the Department of 
Justice, relating to civil rights abuses or excessive 
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use of force may not use covered funds to purchase 
any weapon or tactical military vehicle. 
‘‘(7) TRANSPORTATION
COSTS.—No covered 
funds may be used to pay the cost of transporting 
an eligible defense item transferred to a law enforce-
ment agency under section 2576a of title 10, United 
States Code. 
‘‘(d) TRAINING AND CERTIFICATION.— 
‘‘(1) STATE CERTIFICATION OF LAW ENFORCE-
MENT INSTRUCTORS.— 
‘‘(A) IN GENERAL.—On and after the date 
that is 3 years after the date of enactment of 
the Protecting Communities and Police Act of 
2015, a State, and any law enforcement agency 
of or in the State, may not receive or use cov-
ered funds to purchase a special justice item 
unless the chief executive of the State certifies 
to the Attorney General that the State conducts 
a program for certifying law enforcement in-
structors in the provision of training that meets 
the requirements under subparagraph (B). 
‘‘(B) PROGRAM REQUIREMENTS.—The re-
quirements for a program described in subpara-
graph (A) are the following: 
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‘‘(i) The program shall include in-
struction in training on the following: 
‘‘(I) The use of force by law en-
forcement officers in the ordinary 
course of their duties. 
‘‘(II) The use of special justice 
items by law enforcement officers in 
the ordinary course of their duties. 
‘‘(III) The use of special justice 
items by SWAT teams. 
‘‘(IV) The appropriate deploy-
ment of SWAT teams. 
‘‘(V) Civil rights and civil lib-
erties. 
‘‘(VI) Any other matters on the 
training of law enforcement officers 
that the head of the State law en-
forcement agency considers appro-
priate. 
‘‘(ii) A list of the instructors who are 
certified pursuant to the program or pur-
suant to the program conducted by the 
Secretary of Homeland Security under sec-
tion 2010 of the Homeland Security Act of 
2002 shall be maintained and published. 
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‘‘(C) DISCHARGE THROUGH EXISTING PRO-
GRAMS.—A State may satisfy the requirement 
under subparagraph (A) using a program in ef-
fect on the date that is 3 years after the date 
of the enactment of the Protecting Commu-
nities and Police Act of 2015 if such program 
satisfies the requirements in subparagraph (B). 
‘‘(2) MINIMUM
ANNUAL
TRAINING
REQUIRE-
MENTS.— 
‘‘(A) ESTABLISHMENT.—On and after the 
date that is 3 years after the date of enactment 
of the Protecting Communities and Police Act 
of 2015, a State, and a unit of local govern-
ment within the State, may not receive covered 
funds unless the State establishes minimum an-
nual training requirements for all law enforce-
ment officers in the State, including— 
‘‘(i) specialized leadership training re-
quirements for chiefs of police or other de-
partment heads who have— 
‘‘(I) decisionmaking authority on 
the deployment of SWAT teams and 
tactical military vehicles; or 
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‘‘(II) responsibility for drafting 
policies on the use of force and SWAT 
team deployment; 
‘‘(ii) specialized SWAT team training 
requirements for all SWAT team members; 
‘‘(iii) training in appropriate crowd- 
control tactics; and 
‘‘(iv) not less than 1 training session 
on sensitivity, including training on ethnic 
and racial bias, cultural diversity, and law 
enforcement interaction with disabled indi-
viduals, mentally ill individuals, and new 
immigrants. 
‘‘(B) FEDERALLY
CERTIFIED
OR
STATE- 
CERTIFIED
INSTRUCTORS.—The training re-
quirements established by a State under sub-
paragraph (A) may only be satisfied through 
training conducted by an instructor certified 
under— 
‘‘(i) a program conducted by the Sec-
retary of Homeland Security under section 
2010 of the Homeland Security Act of 
2002; or 
‘‘(ii) a program conducted by a State 
under paragraph (1). 
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‘‘(C) 
CERTIFICATION
OF
COMPLETED 
TRAINING.—On and after the date that is 1 
year after the date on which a program is es-
tablished under paragraph (1), a law enforce-
ment agency may not receive covered funds un-
less the law enforcement agency certifies to the 
Attorney General that each sworn law enforce-
ment officer employed by the law enforcement 
agency has met all applicable minimum annual 
training requirements established by the State 
in which the law enforcement agency is located 
under subparagraph (A) of this paragraph. 
‘‘(D) FALSE CERTIFICATION.—The Attor-
ney General shall suspend or terminate the eli-
gibility of a law enforcement agency to receive 
covered funds if the law enforcement agency in-
tentionally submits a false certification under 
subparagraph (C) that a law enforcement offi-
cer has met the minimum annual training re-
quirements established by the State in which 
the law enforcement agency is located under 
subparagraph (A). 
‘‘(E) SATISFACTION BY RECENT HIREES.— 
The requirements under subparagraph (A) shall 
provide for the first completion of the training 
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concerned by an individual who becomes an offi-
cer in a law enforcement agency or becomes a 
member of a SWAT team by not later than 1 
year after the date on which the individual be-
comes an officer in the law enforcement agency 
or becomes a member of a SWAT team, as ap-
plicable. 
‘‘(3) BEST PRACTICES.— 
‘‘(A) IN GENERAL.—On and after the date 
that is 2 years after the date of enactment of 
the Protecting Communities and Police Act of 
2015, the Attorney General shall publish, peri-
odically review, distribute to each State or unit 
of local government that applies for a grant 
under this subpart, and require each such State 
or unit of local government to distribute to each 
organization or unit of local government with 
respect to which the State or unit of local gov-
ernment enters into a contract or makes a 
subaward under section 501(b), best practices 
for— 
‘‘(i) training law enforcement officers 
and the use of lethal and non-lethal force 
by law enforcement officers; 
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‘‘(ii) training, use, and deployment of 
SWAT teams; and 
‘‘(iii) community-oriented police ef-
forts. 
‘‘(B) ATTORNEY
GENERAL
UPDATES
TO 
CONGRESS REGARDING DELAY IN PUBLICATION 
OF BEST PRACTICES.—On and after the date 
that is 2 years after the date of enactment of 
the Protecting Communities and Police Act of 
2015, if the Attorney General has not published 
the best practices required under subparagraph 
(A), the Attorney General shall provide quar-
terly updates to Congress on the reason for the 
delay in publication and the expected date of 
publication. 
‘‘(e) REPORTING AND POLICY REQUIREMENTS.— 
‘‘(1) REPORTING
AND
RECORDKEEPING
RE-
QUIREMENTS FOR GRANT FUNDING RECIPIENTS.— 
‘‘(A) 
SWAT 
TEAM
DEPLOYMENT 
RECORDS.—A law enforcement agency that re-
ceives covered funds shall maintain a record of 
each deployment of a SWAT team by the law 
enforcement agency, which shall include— 
‘‘(i) the type of police activity for 
which the SWAT team is deployed; 
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‘‘(ii) the rationale for the deployment; 
‘‘(iii) the nexus between— 
‘‘(I) the use of force policy and 
SWAT team policy of the law enforce-
ment agency; and 
‘‘(II) the police activity for which 
the SWAT team is deployed; and 
‘‘(iv) a description, written after the 
deployment, of whether force or weapons 
were used by or against the law enforce-
ment officers serving on the SWAT team. 
‘‘(B) EQUIPMENT PURCHASED.—A law en-
forcement agency that purchases equipment 
using covered funds shall submit to the Attor-
ney General a report describing the quantity 
and type of equipment purchased. 
‘‘(2) DOJ REPORTS.— 
‘‘(A) SPECIAL JUSTICE ITEMS.—The At-
torney General shall publish and submit to Con-
gress, the Secretary of Defense, and the Sec-
retary of Homeland Security an annual report 
on special justice items that includes, with re-
spect to the preceding year— 
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‘‘(i) the number and type of special 
justice items purchased using covered 
funds; and 
‘‘(ii) an appendix describing— 
‘‘(I) each law enforcement agency 
that used covered funds to purchase a 
special justice item; 
‘‘(II) the number of each special 
justice item described in subclause (I) 
purchased by each law enforcement 
agency; and 
‘‘(III) a summary of the needs 
justification 
statement 
submitted 
under subsection (c)(1)(A)(i) by each 
law enforcement agency described in 
subclause (I) of this clause. 
‘‘(B) CRIME RATES.—The Attorney Gen-
eral shall collect and publish data on crime 
rates over time for each jurisdiction in which a 
law enforcement agency receives covered funds. 
‘‘(C) DOJ 
GUIDES
AND
BEST
PRAC-
TICES.—The Attorney General shall conduct 
periodic surveys on the use of materials pub-
lished by the Attorney General in print and on-
line relating to local law enforcement training 
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and the use of force, including lethal and non- 
lethal force. 
‘‘(f) WHISTLEBLOWER
AND INDEPENDENT OVER-
SIGHT REQUIREMENTS.— 
‘‘(1) WHISTLEBLOWER REQUIREMENTS.—On or 
after the date that is 3 years after the date of enact-
ment of the Protecting Communities and Police Act 
of 2015, a State or unit of local government of a 
State may not receive covered funds unless the chief 
executive of the State certifies to the Attorney Gen-
eral that the State— 
‘‘(A) has in place— 
‘‘(i) a program, including a public 
complaint hotline, that provides individuals 
the ability to disclose any— 
‘‘(I) misuse of equipment pur-
chased using covered funds; or 
‘‘(II) other waste, fraud, or abuse 
in connection with the use of covered 
funds; and 
‘‘(ii) mechanisms (commonly referred 
to as ‘whistleblower protections’) to protect 
individuals who make a disclosure de-
scribed in clause (i) from retaliatory or 
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other adverse personnel actions in connec-
tion with such disclosures; and 
‘‘(B) publicizes the existence of the pro-
gram and whistleblower protections described in 
subparagraph (A). 
‘‘(2) CERTIFICATION OF OVERSIGHT AND AC-
COUNTABILITY.— 
‘‘(A) CERTIFICATION
REQUIRED.—A law 
enforcement agency may not receive covered 
funds unless the head of the law enforcement 
agency submits to the Attorney General a writ-
ten certification (in the form of a memorandum 
of understanding, memorandum of agreement, 
or letterhead correspondence) that an entity 
that is unaffiliated with the law enforcement 
agency is authorized— 
‘‘(i) to receive any complaints regard-
ing the use of special justice items and 
covered funds of the law enforcement agen-
cy; 
‘‘(ii) to periodically review and assess 
the use of special justice items and covered 
funds by the law enforcement agency; and 
‘‘(iii) to make recommendations to the 
law enforcement agency regarding the use 
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of special justice items and covered funds 
by the law enforcement agency that are ei-
ther— 
‘‘(I) non-binding in character; or 
‘‘(II) binding in character, if au-
thorized by— 
‘‘(aa) a law or ordinance 
governing the law enforcement 
agency or the entity; or 
‘‘(bb) an agreement between 
the governing body of the law en-
forcement agency and organiza-
tions representing law enforce-
ment officers of the law enforce-
ment agency. 
‘‘(B) DISCHARGE THROUGH EXISTING EN-
TITIES.—A law enforcement agency may satisfy 
the requirement in subparagraph (A) through 
an entity that exists as of the date of the enact-
ment of the Protecting Communities and Police 
Act of 2015, including an independent review 
board, a Federal, State, or local inspector gen-
eral, a Federal, State, county, or city attorney 
general, a district attorney, the Federal Bureau 
of Investigation or another Federal agency, a 
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State agency, a State or local governing body 
(such as a city council or county commission), 
a law enforcement council, or an independent 
entity established by one or more such officials, 
agencies, or entities on behalf of one or more 
law enforcement agencies. 
‘‘(g) SUSPENSION AND TERMINATION.— 
‘‘(1) FOR LOST OR STOLEN ITEMS.—If a special 
justice item purchased by a law enforcement agency 
using covered funds is lost, stolen, or misappro-
priated— 
‘‘(A) in the case of an offensive weapon or 
ordnance— 
‘‘(i) on the first occurrence in the case 
of the law enforcement agency, the Attor-
ney General, after providing the law en-
forcement agency with notice and the op-
portunity to contest the allegation, shall 
suspend the law enforcement agency from 
eligibility to receive covered funds for a pe-
riod of not less than 6 months; and 
‘‘(ii) on the subsequent occurrence in 
the case of the law enforcement agency, 
the Attorney General, after providing the 
law enforcement agency with notice and 
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the opportunity to contest the allegation, 
shall terminate the law enforcement agency 
from eligibility to receive covered funds; 
and 
‘‘(B) in the case of a special justice item 
not described in subparagraph (A)— 
‘‘(i) on the third occurrence in the 
case of the law enforcement agency, the 
Director, after providing the law enforce-
ment agency with notice and the oppor-
tunity to contest the allegation, shall sus-
pend the law enforcement agency from eli-
gibility to receive covered funds for a pe-
riod of 6 months; and 
‘‘(ii) on any subsequent occurrence in 
the case of the law enforcement agency, 
the Director, after providing the law en-
forcement agency with notice and the op-
portunity to contest the allegation, shall 
suspend the law enforcement agency from 
eligibility to receive covered funds for a pe-
riod of 3 years. 
‘‘(2) INTENTIONAL FALSIFICATION OF INFOR-
MATION.—If a law enforcement agency is determined 
by the Attorney General to have intentionally fal-
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sified any information relating to the use of covered 
funds, the Attorney General, after providing the law 
enforcement agency with notice and the opportunity 
to contest the determination, shall terminate the law 
enforcement agency from eligibility to receive cov-
ered funds. 
‘‘(h) ADDITIONAL PROGRAM OVERSIGHT.— 
‘‘(1) ATTORNEY GENERAL OBLIGATIONS.— 
‘‘(A) SUBGRANTEE
OVERSIGHT.—In con-
ducting oversight of the use of covered funds, 
the Attorney General shall conduct inspections 
of some local law enforcement agencies that re-
ceive covered funds through a subaward under 
section 501(b), to ensure compliance with this 
section. 
‘‘(B) LAW ENFORCEMENT EXPERTISE.— 
‘‘(i) ESTABLISHMENT OF POSITION.— 
The Attorney General shall appoint indi-
viduals with expertise in State and local 
law enforcement agency functions to posi-
tions within the Bureau to assist the At-
torney General in assessing grant applica-
tions under this subpart by determining 
whether equipment proposed to be pur-
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chased by a law enforcement agency using 
covered funds is— 
‘‘(I) appropriate to the mission of 
the law enforcement agency; and 
‘‘(II) necessary based on the 
needs justification statement sub-
mitted by the law enforcement agency 
under subsection (c)(1)(A)(iii). 
‘‘(ii) NUMBER OF INDIVIDUALS.—The 
Attorney General shall appoint as many in-
dividuals under clause (i) as necessary to 
ensure that— 
‘‘(I) not less than 1 such indi-
vidual is involved in the determination 
under clause (i) for each grant appli-
cation under this subpart; and 
‘‘(II) the involvement of such in-
dividuals in the process of assessing 
grant applications under this subpart 
does not delay the process. 
‘‘(iii) MANAGERIAL EXPERIENCE PRE-
FERRED.—In appointing individuals under 
clause (i), the Attorney General shall give 
preference to individuals with law enforce-
ment managerial expertise. 
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‘‘(2) GRANT RECIPIENT OBLIGATIONS.— 
‘‘(A) RECORDING
SWAT
TEAM
DEPLOY-
MENTS.—A law enforcement agency may not 
use covered funds to purchase any item for use 
by a SWAT team unless the law enforcement 
agency— 
‘‘(i) certifies to the Attorney General 
that a video recording shall be made of 
each SWAT team deployment involving the 
use of the item; and 
‘‘(ii) develops, implements, and pub-
lishes a policy for video recording SWAT 
team deployments that— 
‘‘(I) describes the appropriate 
use of video recording equipment, in-
cluding 
whether 
such 
equipment 
should be left on at all times; 
‘‘(II) includes mechanisms to 
preserve, to the extent practicable, the 
integrity and security of a video re-
cording, including— 
‘‘(aa) a description of the 
personnel of the law enforcement 
agency, and other parties, who 
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are authorized to access the re-
cording; 
‘‘(bb) mechanisms for the 
storage of the recording; and 
‘‘(cc) measures to ensure the 
cybersecurity of the recording (if 
applicable to the storage, reten-
tion, and retrieval of the record-
ing); 
‘‘(III) includes policies on the au-
thorized and unauthorized public re-
lease of a video recording; and 
‘‘(IV) includes a requirement 
that any video recording of an inter-
action between a law enforcement offi-
cer and an individual who is not a law 
enforcement officer involving the use 
of force (whether deadly or otherwise) 
shall be retained by the law enforce-
ment agency for a period not shorter 
than the period of limitation in the 
State concerned for actions for civil 
rights violations under section 1979 of 
the Revised Statutes (42 U.S.C. 
1983). 
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‘‘(B) USE OF BODY CAMERAS BY LAW EN-
FORCEMENT
OFFICERS.—A law enforcement 
agency that uses covered funds to purchase or 
maintain a body camera, or for related costs, 
shall have in place, and make available to the 
public, a policy on the use of a body camera by 
a law enforcement officer that includes— 
‘‘(i) a policy on the appropriate use of 
a body camera, including whether the cam-
era should be left on at all times; 
‘‘(ii) mechanisms to preserve, to the 
extent practicable, the integrity and secu-
rity of a video recording made by a body 
camera, including— 
‘‘(I) a description of the per-
sonnel of the law enforcement agency, 
and other parties, who are authorized 
to access the recording; 
‘‘(II) mechanisms for the storage 
of the recording; and 
‘‘(III) measures to ensure the cy-
bersecurity of the recording (if appli-
cable to the storage, retention, and re-
trieval of the recording); 
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‘‘(iii) a policy on the authorized and 
unauthorized public release of a video re-
cording; and 
‘‘(iv) a requirement that any video re-
cording of an interaction between a law en-
forcement officer and an individual who is 
not a law enforcement officer involving the 
use of force (whether deadly or otherwise) 
shall retained by the law enforcement 
agency for a period not shorter than the 
period of limitation in the State concerned 
for actions for civil rights violations under 
section 1979 of the Revised Statutes (42 
U.S.C. 1983).’’. 
(b) PROHIBITED USES OF COVERED FUNDS.—Sec-
tion 501(d)(2) of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3751(d)(2)) is 
amended— 
(1) 
by 
redesignating 
subparagraphs 
(B) 
through (E) as subparagraphs (C) through (F), re-
spectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) unmanned aerial vehicles, unmanned 
aircraft, or unmanned aircraft systems;’’. 
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(c) FUNDS FOR BODY CAMERAS.—Section 505(b) of 
title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3755(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘60 percent’’ and inserting 
‘‘57.5 percent’’; and 
(B) by striking ‘‘and’’ at the end; 
(2) in paragraph (2)— 
(A) by striking ‘‘40 percent’’ and inserting 
‘‘37.5 percent’’; and 
(B) by striking the period at the end and 
inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(3) 2.5 percent shall be for direct grants to 
States for the purchase or maintenance of body cam-
eras, dashboard cameras, or gun cameras for law en-
forcement agencies and related costs; and 
‘‘(4) 2.5 percent shall be for direct grants to 
units of local government for the purchase or main-
tenance of body cameras, dashboard cameras, or gun 
cameras for law enforcement agencies and related 
costs.’’. 
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SEC. 1051. DEPARTMENT OF JUSTICE REPORTS ON SWAT 
TEAMS. 
(a) DEFINITION.—In this section, the term ‘‘SWAT 
team’’ means a Special Weapons and Tactics team or 
other specialized tactical team composed of sworn law en-
forcement officers. 
(b) COLLECTION AND ANALYSIS OF DATA.—The At-
torney General shall collect and analyze data on the use 
of SWAT teams by Federal, State, local, and tribal law 
enforcement agencies. 
(c) TYPE OF DATA.—The data collected and analyzed 
by the Attorney General under subsection (b) shall in-
clude— 
(1) the number of deployments of SWAT 
teams; 
(2) the reason for each deployment of a SWAT 
team; 
(3) the composition of each SWAT team, in-
cluding, at minimum, the number of members on 
each SWAT team; 
(4) the number of law enforcement agencies 
with SWAT teams, categorized by the overall size of 
the law enforcement agencies; 
(5) the number of SWAT teams composed of 
officers from multiple law enforcement agencies; 
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(6) the amount of initial training and ongoing 
training of SWAT teams being conducted; 
(7) the community outreach undertaken to ex-
plain and publicize SWAT team deployment policies; 
(8) information on the deployment of SWAT 
teams in low-income neighborhoods; and 
(9) any other information that the Attorney 
General determines to be relevant. 
(d) PUBLIC AVAILABILITY OF DATA.—Not less fre-
quently than once every 6 months, the Attorney General 
shall publish the data collected under subsection (b). 
(e) REPORT.—Not less frequently than once every 5 
years, the Attorney General shall publish a report that 
contains the analysis conducted under subsection (b). 
SEC. 1052. FEDERAL LAW ENFORCEMENT TRAINING CEN-
TER CERTIFICATION OF INSTRUCTORS IN 
TRAINING ON USE OF FORCE AND SPECIAL 
EQUIPMENT. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 603 et seq.), 
as amended by this Act, is amended by adding at the end 
the following: 
‘‘SEC. 2010. CERTIFICATION OF INSTRUCTORS IN TRAINING 
ON USE OF FORCE AND SPECIAL EQUIPMENT. 
‘‘(a) DEFINITIONS.—In this section— 
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‘‘(1) the term ‘eligible defense item’ has the 
meaning given the term in section 2576a(w) of title 
10, United States Code; 
‘‘(2) the terms ‘law enforcement agency’, ‘re-
stricted item’, and ‘SWAT team’ have the meanings 
given those terms in section 2009(a); and 
‘‘(3) the term ‘special justice item’ has the 
meaning given the term in section 509(a) of the Om-
nibus Crime Control and Safe Streets Act of 1968. 
‘‘(b) CERTIFICATION
OF INSTRUCTORS.—On and 
after the date that is 3 years after the date of enactment 
of the Protecting Communities and Police Act of 2015, 
the Secretary shall, through the Federal Law Enforcement 
Training Center, conduct programs to certify instructors 
to conduct training courses on law enforcement tactics for 
State, local, and tribal law enforcement agencies. 
‘‘(c) ELEMENTS.—The programs conducted under 
this section shall include instruction in training on the fol-
lowing: 
‘‘(1) The use of force by State, local, and tribal 
law enforcement officers in the ordinary course of 
their duties. 
‘‘(2) The use of restricted items, eligible defense 
items, and special justice items by State, local, and 
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tribal law enforcement officers in the ordinary 
course of their duties. 
‘‘(3) The use of restricted items, eligible defense 
items, and special justice items by SWAT teams. 
‘‘(4) The appropriate deployment of SWAT 
teams. 
‘‘(5) Any other matters on the training of 
State, local, and tribal law enforcement officers that 
the Secretary considers appropriate. 
‘‘(d) LIST OF CERTIFIED INSTRUCTORS.—The Sec-
retary shall maintain and publish a list of instructors who 
are certified pursuant to a program conducted under this 
section. 
‘‘(e) ADMINISTRATION OF STATE PROGRAMS.—The 
Federal Law Enforcement Training Center may enter into 
an agreement with a State to— 
‘‘(1) manage or implement the State’s program 
for law enforcement instructor certification described 
in— 
‘‘(A) section 2009(d)(1)(A) of this Act; 
‘‘(B) section 2576a(o)(1) of title 10, 
United States Code; or 
‘‘(C) section 509(d)(1)(A) of the Omnibus 
Crime Control and Safe Streets Act of 1968; or 
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‘‘(2) provide certified instructors for a program 
described in paragraph (1).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents in section 1(b) of the Homeland Se-
curity Act of 2002 (Public Law 107–96; 116 Stat. 2135), 
as amended by this Act, is amended by inserting after the 
item relating to section 2009 the following: 
‘‘Sec. 2010. Certification of instructors in training on use of force and special 
equipment.’’. 
SEC. 1053. CIVIL ACTION BY ATTORNEY GENERAL. 
Section 210401(b) of the Violent Crime Control and 
Law Enforcement Act of 1994 (34 U.S.C. 12601(b)) is 
amended by striking ‘‘may in a civil action’’ and inserting 
‘‘shall in a civil action’’. 
SEC. 1054. ANNUAL REPORTING REQUIREMENT. 
Not later than 1 year after the date of enactment 
of this section, and annually thereafter, the Attorney Gen-
eral shall publish a report describing the complaints re-
ceived by the Department of Justice alleging violations of 
section 210401 of the Violent Crime Control and Law En-
forcement Act of 1994, including— 
(1) information on each investigation conducted 
and each civil action initiated— 
(A) pursuant to all such complaints; or 
(B) without such a complaint having been 
filed; and 
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(2) for each complaint received for which the 
Attorney General does not initiate an investigation 
or a civil action, an explanation as to why no inves-
tigation or civil action was initiated. 
SEC. 1055. GRANTS TO EDUCATE AMERICANS ABOUT THE 
PRINCIPLES 
AND 
PRACTICE 
OF 
NON-
VIOLENCE. 
(a) GRANTS.—The Attorney General may make 
grants to eligible entities to prevent or alleviate the effects 
of community violence by providing education, mentoring, 
and counseling regarding the principles and application of 
nonviolence in conflict resolution. 
(b) PRIORITY.—In awarding grants under this sec-
tion, the Attorney General shall give priority to applicants 
that agree to use the grant in one or more eligible urban, 
rural, tribal, and suburban communities that can certify— 
(1) an increased or sustained level of violence or 
tension in the community; or 
(2) a lack of monetary or other resources to 
adopt innovative, integrated, community-based vio-
lence prevention programs. 
(c) LIMITATION.—The Attorney General may not 
make a grant to an eligible entity under this section unless 
the entity agrees to use not less than 70 percent of such 
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grant for nonviolence-prevention education and program 
development. 
(d) DEFINITIONS.—In this section, the term ‘‘eligible 
entity’’ means a State or local government entity (includ-
ing law enforcement), educational institution, nonprofit 
community, or faith-based organization. 
(e) AUTHORIZATION OF APPROPRIATIONS.—To carry 
out this section, there is authorized to be appropriated 
$60,000,000 for each of the fiscal years 2018 through 
2023. 
SEC. 1056. LIMITATION ON USE OF FUNDS. 
None of the funds made available by this Act may 
be used for activities prohibited by the order issued by 
the Attorney General entitled ‘‘Prohibition on Certain 
Federal Adoptions of Seizures by State and Local Law 
Enforcement Agencies’’ (Order No. 3488–2015, dated 
January 16, 2015) or the order entitled ‘‘Prohibition on 
Certain Federal Adoptions of Seizures by State and Local 
Law Enforcement Agencies’’ (Order No. 3485–2015, 
dated January 12, 2015). 
SEC. 1057. FINDINGS. 
Congress finds the following: 
(1) Nearly 60 percent of the inmates in jails in 
the United States are pretrial detainees who have 
not been convicted of a crime, an estimated 75 per-
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cent of whom have been charged with nonviolent 
crimes. 
(2) Under current bail systems that use pay-
ment of money as a condition of pretrial release, 
nearly 50 percent of the most dangerous pretrial de-
tainees are released without supervision, according 
to a study by the Arnold Foundation. 
(3) Throughout the Nation, those with money 
can buy their freedom while poor defendants remain 
incarcerated awaiting trial. 
(4) Pretrial detention costs State and local gov-
ernments an estimated $14,000,000,000 each year. 
(5) Pretrial detention should be based on 
whether the accused is likely to fail to appear in 
court or is a threat to public safety, not the ability 
to pay money as a condition of pretrial release. 
(6) The States, the United States Department 
of Justice, law enforcement agencies, public officials, 
and community groups should collaborate to develop 
pretrial detention systems that improve public safe-
ty, reduce costs, and discourage criminal behavior. 
SEC. 1058. ELIGIBILITY FOR GRANTS UNDER THE BYRNE 
JAG PROGRAM. 
Section 505 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3755) is amended— 
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(1) in subsection (a)— 
(A) by adding at the end the following: 
‘‘(3) ELIGIBILITY.—Beginning with the third 
fiscal year beginning after the enactment of the ‘No 
Money Bail Act of 2017’, the Attorney General shall 
not allocate any amounts appropriated to carry out 
this part to any State that uses payment of money 
as a condition of pretrial release with respect to 
criminal cases.’’; and 
(B) in paragraph (1) by striking ‘‘in para-
graph (2)’’ and inserting ‘‘in paragraphs (2) 
and (3)’’; and 
(2) in subsection (f)— 
(A) by striking ‘‘If the Attorney General’’ 
and inserting ‘‘(1) IN GENERAL.—If the Attor-
ney General’’; and 
(B) by adding at the end the following: 
‘‘(2) STATE INELIGIBLE DUE TO SYSTEM OF 
BAIL.—Notwithstanding paragraph (1), if the Attor-
ney General determines with respect to any grant 
period that a State is made ineligible by subsection 
(a)(3), the Attorney General shall reallocate any 
amounts allocated to or that would have been allo-
cated to such State for such period— 
‘‘(A) among the other eligible States; and 
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‘‘(B) in proportion to allocations among el-
igible States under subsection (a).’’. 
SEC. 1059. PROHIBITION OF MONEY BAIL IN FEDERAL 
CRIMINAL CASES. 
Notwithstanding any provision of Federal law, no jus-
tice, judge, or other judicial official in any court created 
by or under article III of the Constitution of the United 
States may use payment of money as a condition of pre-
trial release in any criminal case. 
SEC. 1060. REDUCTION IN GRANT FUNDING FOR UNITS OF 
LOCAL GOVERNMENT. 
(a) COLLECTION
OF FINES
FOR VIOLATIONS
OF 
TRAFFIC LAWS.—Except as provided in subsection (b) or 
section 4, a unit of local government which, during the 
previous 3 fiscal years, funded an amount that, on aver-
age, was greater than 18 percent of its operating budget 
using revenue generated from collecting fines and other 
fees related to violations of traffic laws, shall, in the case 
of a unit of local government receiving grant funds under 
subpart 1 of part E of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3750 et 
seq.), receive only 25 percent of the grant award that 
would have otherwise been awarded to that unit of local 
government under such subpart. 
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(b) DISPROPORTIONATE RACIAL COMPOSITION
OF 
LAW ENFORCEMENT AGENCIES.—In the case of a unit of 
local government described in subsection (a) for which, 
during the previous fiscal year, the percentage of individ-
uals who identify as a race who were employees of the 
law enforcement agency for that unit of local government, 
and the percentage of individuals who identify as that race 
who live in the jurisdiction which that law enforcement 
agency serves, differs by greater than 30 percent, the unit 
of local government shall receive only 5 percent of the 
grant award that would have otherwise been awarded to 
that unit of local government under subpart 1 of part E 
of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3750 et seq.). 
(c) OBLIGATION OF STATES.—A State that receives 
a grant award under subpart 1 of part E of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3750 et seq.), which does not reduce a subgrant 
award made under such grant to a unit of local govern-
ment in its jurisdiction in accordance with this section, 
shall, in the succeeding fiscal year, receive only 50 percent 
of the grant award that would have otherwise been award-
ed to that State under such subpart. 
(d) REALLOCATION.—Any funds withheld from a 
State or unit of local government from a direct grant 
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award by the Attorney General shall be reallocated in ac-
cordance with subpart 1 of part E of title I of the Omni-
bus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3750 et seq.). 
SEC. 1061. EXEMPTIONS. 
The provisions of section 3 shall not apply in the case 
of any unit of local government— 
(1) that serves a population of less than 15,000 
people and so certifies to the Attorney General; or 
(2) to which the Attorney General has granted 
a waiver under section 5. 
SEC. 1062. WAIVERS. 
The Attorney General may, in his or her discretion, 
grant a waiver under this section to any unit of local gov-
ernment for good cause shown, and shall consider the fol-
lowing factors: 
(1) Whether, resulting from allegations of ex-
cessive uses of force, false arrests, improper searches 
and seizures, failures to discipline officers suffi-
ciently, or failure to supervise officers, the unit of 
local government is subject to a consent decree or 
Memorandum of Understanding, or the subject of an 
investigation by the Special Litigation Section of the 
Civil Rights Division of the Department of Justice. 
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(2) Whether the unit of local government has 
taken affirmative action to ensure that adequate 
practices and procedures are in place to increase 
public trust and confidence in the impartial and eq-
uitable administration of justice, including— 
(A) whether incidents of officer involved 
shootings and uses of excessive force are inves-
tigated by a Special Prosecutor appointed by 
the Governor, State Attorney General, or Pre-
siding Judge of the local court of jurisdiction; 
(B) whether incidents of officer involved 
shootings and uses of excessive force are adju-
dicated in a public proceeding rather than the 
grand jury process. 
(3) Whether the minority community is equi-
tably represented in the municipality’s legislative 
body and executive departments. 
TITLE II—PUBLIC DEFENSE 
SEC. 2001. CLARIFICATION OF RIGHT TO COUNSEL. 
(a) RIGHT
TO COUNSEL
IN IMMIGRATION PRO-
CEEDINGS.—Section 292 of the Immigration and Nation-
ality Act (8 U.S.C. 1362) is amended to read as follows: 
‘‘SEC. 292. RIGHT TO COUNSEL. 
‘‘(a) IN GENERAL.—In any removal, exclusion, or de-
portation proceeding or inspection under section 235(a), 
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235(b), 236, 238, 240, or 241, the person subject to such 
proceeding shall be entitled to representation (at no ex-
pense to the Government) by such authorized counsel as 
the person may choose. 
‘‘(b) REDRESS OPTIONS.—If counsel cannot person-
ally meet with a person subject to holding, detention, or 
inspection at a port of entry, U.S. Customs and Border 
Protection or U.S. Immigration and Customs Enforce-
ment, as appropriate, shall provide redress options 
through which counsel may communicate remotely with 
the held or detained person during the first hour and 
thereafter of such holding or detention, regardless of the 
day or time when such holding or detention began. 
‘‘(c) RECORD OF ABANDONMENT OF LAWFUL PER-
MANENT RESIDENT STATUS OR WITHDRAWAL OF APPLI-
CATION FOR ADMISSION.—A person held or detained at 
a port of entry may not submit a valid Record of Abandon-
ment of Lawful Permanent Resident Status or Withdrawal 
of Application for Admission if such person has been de-
nied access to counsel in accordance with this section. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) INSPECTION.—The term ‘inspection’ does 
not include primary inspection (as defined in the 
policies of the Department of Homeland Security). 
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‘‘(2) PERSON.—The term ‘person’ has the 
meaning given the term in section 101(b)(3).’’. 
(b) RIGHT TO COUNSEL OR REPRESENTATION.—Sec-
tion 555(b) of title 5, United States Code, is amended by 
adding at the end the following: ‘‘The right to be accom-
panied, represented, and advised by counsel or other quali-
fied representative under this subsection shall extend to 
any person subject to a proceeding, examination, holding, 
or detention described in section 292 of the Immigration 
and Nationality Act (8 U.S.C. 1362).’’. 
(c) SAVINGS PROVISION.—Nothing in this section, or 
in any amendment made by this section, may be construed 
to limit any preexisting right to counsel under section 292 
of the Immigration and Nationality Act (8 U.S.C. 1362), 
as in effect on the day before the date of the enactment 
of this Act, or under any other law. 
SEC. 2002. TREATMENT OF INDIVIDUALS HELD OR DE-
TAINED AT PORTS OF ENTRY OR AT ANY CBP 
OR ICE DETENTION FACILITY. 
(a) IN GENERAL.—The holding or detention of indi-
viduals at a port of entry or at any holding or detention 
facility overseen by U.S. Customs and Border Protection 
or U.S. Immigration and Customs Enforcement— 
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(1) shall be limited to the briefest term and the 
least restrictive conditions practicable and consistent 
with the rationale for such holding or detention; and 
(2) shall include access to food, water, and rest-
room facilities. 
(b) SAVINGS PROVISION.—Nothing in this section 
may be construed to limit agencies from complying with 
other legal authorities, policies, or standards with respect 
to treatment of individuals held or detained at ports of 
entry or at any holding or detention facility overseen by 
U.S. Customs and Border Protection or U.S. Immigration 
and Customs Enforcement. 
SEC. 2003. DUTY TO DISCLOSE FAVORABLE INFORMATION. 
Chapter 201 of title 18, United States Code, is 
amended by adding at the end the following: 
‘‘§ 3014. Duty to disclose favorable information 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered information’ means in-
formation, data, documents, evidence, or objects that 
may reasonably appear to be favorable to the de-
fendant in a criminal prosecution brought by the 
United States with respect to— 
‘‘(A) the determination of guilt; 
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‘‘(B) any preliminary matter before the 
court before which the criminal prosecution is 
pending; or 
‘‘(C) the sentence to be imposed; and 
‘‘(2) the term ‘prosecution team’ includes, with 
respect to a criminal prosecution brought by the 
United States— 
‘‘(A) the Executive agency, as defined in 
section 105 of title 5, that brings the criminal 
prosecution on behalf of the United States; and 
‘‘(B) any entity or individual, including a 
law enforcement agency or official, that— 
‘‘(i) acts on behalf of the United 
States with respect to the criminal pros-
ecution; 
‘‘(ii) acts under the control of the 
United States with respect to the criminal 
prosecution; or 
‘‘(iii) participates, jointly with the Ex-
ecutive agency described in subparagraph 
(A), in any investigation with respect to 
the criminal prosecution. 
‘‘(b) DUTY TO DISCLOSE FAVORABLE INFORMA-
TION.—In a criminal prosecution brought by the United 
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States, the attorney for the Government shall provide to 
the defendant any covered information— 
‘‘(1) that is within the possession, custody, or 
control of the prosecution team; or 
‘‘(2) the existence of which is known, or by the 
exercise of due diligence would become known, to the 
attorney for the Government. 
‘‘(c) TIMING.—Except as provided in subsections (e) 
and (f), the attorney for the Government shall provide to 
the defendant any covered information— 
‘‘(1) without delay after arraignment and before 
the entry of any guilty plea; and 
‘‘(2) if the existence of the covered information 
is not known on the date of the initial disclosure 
under this subsection, as soon as is reasonably prac-
ticable upon the existence of the covered information 
becoming known, without regard to whether the de-
fendant has entered or agreed to enter a guilty plea. 
‘‘(d) RELATIONSHIP TO OTHER LAWS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the requirements under subsections (b) 
and (c) shall apply notwithstanding section 3500(a) 
or any other provision of law (including any rule or 
statute). 
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817 
‘‘(2) CLASSIFIED INFORMATION.—Classified in-
formation (as defined in section 1 of the Classified 
Information Procedures Act (18 U.S.C. App.)) shall 
be treated in accordance with the Classified Infor-
mation Procedures Act. 
‘‘(e) PROTECTIVE ORDERS.— 
‘‘(1) IN GENERAL.—Upon motion of the United 
States, the court may issue an order to protect 
against the immediate disclosure to a defendant of 
covered information otherwise required to be dis-
closed under subsection (b) if— 
‘‘(A) the covered information is favorable 
to the defendant solely because the covered in-
formation would provide a basis to impeach the 
credibility of a potential witness; and 
‘‘(B) the United States establishes a rea-
sonable basis to believe that— 
‘‘(i) the identity of the potential wit-
ness is not already known to any defend-
ant; and 
‘‘(ii) disclosure of the covered infor-
mation to a defendant would present a 
threat to the safety of the potential witness 
or of any other person. 
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818 
‘‘(2) TIME LIMIT.—The court may delay disclo-
sure of covered information under this subsection 
until the earlier of— 
‘‘(A) the date that the court determines 
provides a reasonable amount of time before the 
date set for trial (which shall be not less than 
30 days before the date set for trial, absent a 
showing by the United States of compelling cir-
cumstances); and 
‘‘(B) the date on which any requirement 
under paragraph (1) ceases to exist. 
‘‘(3) MOTIONS UNDER SEAL.—The court may 
permit the United States to file all or a portion of 
a motion under this subsection under seal to the ex-
tent necessary to protect the identity of a potential 
witness, but the United States— 
‘‘(A) may not file a motion under this sub-
section ex parte; and 
‘‘(B) shall summarize any undisclosed por-
tion of a motion filed under this subsection for 
the defendant in sufficient detail to permit the 
defendant a meaningful opportunity to be heard 
on the motion, including the need for a protec-
tive order or the scope of the requested protec-
tive order. 
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‘‘(f) WAIVER.— 
‘‘(1) IN GENERAL.—A defendant may not waive 
a provision of this section except in open court. 
‘‘(2) REQUIREMENTS.—The court may not ac-
cept the waiver of a provision of this section by a 
defendant unless the court determines that— 
‘‘(A) the proposed waiver is knowingly, in-
telligently, and voluntarily offered; and 
‘‘(B) the interests of justice require the 
proposed waiver. 
‘‘(g) NONCOMPLIANCE.— 
‘‘(1) IN GENERAL.—Before entry of judgment, 
upon motion of a defendant or by the court sua 
sponte, if there is reason to believe the attorney for 
the Government has failed to comply with subsection 
(b) or subsection (c), the court shall order the 
United States to show cause why the court should 
not find the United States is not in compliance with 
subsection (b) or subsection (c), respectively. 
‘‘(2) FINDINGS.—If the court determines under 
paragraph (1) that the United States is not in com-
pliance with subsection (b) or subsection (c), the 
court shall— 
‘‘(A) determine the extent of and reason 
for the noncompliance; and 
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‘‘(B) enter into the record the findings of 
the court under subparagraph (A). 
‘‘(h) REMEDIES.— 
‘‘(1) REMEDIES REQUIRED.— 
‘‘(A) IN
GENERAL.—If the court deter-
mines that the United States has violated the 
requirement to disclose covered information 
under subsection (b) or the requirement to dis-
close covered information in a timely manner 
under subsection (c), the court shall order an 
appropriate remedy. 
‘‘(B) TYPES
OF
REMEDIES.—A remedy 
under this subsection may include— 
‘‘(i) postponement or adjournment of 
the proceedings; 
‘‘(ii) exclusion or limitation of testi-
mony or evidence; 
‘‘(iii) ordering a new trial; 
‘‘(iv) dismissal with or without preju-
dice; or 
‘‘(v) any other remedy determined ap-
propriate by the court. 
‘‘(C) FACTORS.—In fashioning a remedy 
under this subsection, the court shall consider 
the totality of the circumstances, including— 
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‘‘(i) the seriousness of the violation; 
‘‘(ii) the impact of the violation on the 
proceeding; 
‘‘(iii) whether the violation resulted 
from innocent error, negligence, reckless-
ness, or knowing conduct; and 
‘‘(iv) the effectiveness of alternative 
remedies to protect the interest of the de-
fendant and of the public in assuring fair 
prosecutions and proceedings. 
‘‘(2) DEFENDANT’S COSTS.— 
‘‘(A) IN GENERAL.—If the court grants re-
lief under paragraph (1) on a finding that the 
violation of subsection (b) or subsection (c) was 
due to negligence, recklessness, or knowing con-
duct by the United States, the court may order 
that the defendant, the attorney for the defend-
ant, or, subject to paragraph (D), a qualifying 
entity recover from the United States the costs 
and expenses incurred by the defendant, the at-
torney for the defendant, or the qualifying enti-
ty as a result of the violation, including reason-
able attorney’s fees (without regard to the 
terms of any fee agreement between the defend-
ant and the attorney for the defendant). 
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‘‘(B) 
QUALIFYING
ENTITIES.—In 
this 
paragraph, the term ‘qualifying entity’ means— 
‘‘(i) a Federal Public Defender Orga-
nization; 
‘‘(ii) a Community Defender Organi-
zation; and 
‘‘(iii) a fund established to furnish 
representation to persons financially un-
able to obtain adequate representation in 
accordance with section 3006A. 
‘‘(C) SOURCE
OF
PAYMENTS
FOR
COSTS 
AND EXPENSES.—Costs and expenses ordered 
by a court under subparagraph (A)— 
‘‘(i) shall be paid by the Executive 
agency, as defined in section 105 of title 5, 
that brings the criminal prosecution on be-
half of the United States, from funds ap-
propriated to that Executive agency; and 
‘‘(ii) may not be paid from the appro-
priation under section 1304 of title 31. 
‘‘(D) PAYMENTS
TO
QUALIFYING
ENTI-
TIES.—Costs and expenses ordered by the court 
under subparagraph (A) to a qualifying entity 
shall be paid— 
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823 
‘‘(i) to the Community Defender Or-
ganization that provided the appointed at-
torney; or 
‘‘(ii) in the case of a Federal Public 
Defender Organization or an attorney ap-
pointed under section 3006A, to the court 
for deposit in the applicable appropriations 
accounts of the Judiciary as a reimburse-
ment to the funds appropriated to carry 
out section 3006A, to remain available 
until expended. 
‘‘(i) STANDARD OF REVIEW.—In any appellate pro-
ceeding initiated by a criminal defendant presenting an 
issue of fact or law under this section, the reviewing court 
may not find an error arising from conduct not in compli-
ance with this section to be harmless unless the United 
States demonstrates beyond a reasonable doubt that the 
error did not contribute to the verdict obtained.’’. 
SEC. 2004. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) TABLE OF SECTIONS.—The table of sections for 
chapter 201 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘3014. Duty to disclose favorable information.’’. 
(b) DEMANDS FOR PRODUCTION OF STATEMENTS 
AND REPORTS OF WITNESSES.—Section 3500(a) of title 
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824 
18, United States Code, is amended by striking ‘‘In’’ and 
inserting ‘‘Except as provided in section 3014, in’’. 
TITLE III—DRUG POLICY 
REFORM 
SEC. 3001. DE-SCHEDULING MARIHUANA. 
(a) MARIHUANA REMOVED FROM SCHEDULE
OF 
CONTROLLED SUBSTANCES.—Subsection (c) of schedule 
I of section 202(c) of the Controlled Substances Act (21 
U.S.C. 812) is amended— 
(1) by striking ‘‘marihuana’’; and 
(2) by striking ‘‘tetrahydrocannabinols’’. 
(b) REMOVAL OF PROHIBITION ON IMPORT AND EX-
PORT.—Section 1010(b) of the Controlled Substances Im-
port and Export Act (21 U.S.C. 960) is amended— 
ø(1) in paragraph (1)—¿ 
ø(A) in subparagraph (F), by inserting 
‘‘or’’ after the semicolon;¿ 
ø(B) by striking subparagraph (G); and¿ 
ø(C) by redesignating subparagraph (H) 
as subparagraph (G);¿ 
(2) in paragraph (2)— 
(A) in subparagraph (F), by inserting ‘‘or’’ 
after the semicolon; 
(B) by striking subparagraph (G); and 
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(C) by redesignating subparagraph (H) as 
subparagraph (G); 
(3) in paragraph (3), by striking ‘‘paragraphs 
(1), (2), and (4)’’ and inserting ‘‘paragraphs (1) and 
(2)’’; 
(4) by striking paragraph (4); and 
(5) by redesignating paragraphs (5), (6), and 
(7) as paragraphs (4), (5), and (6), respectively. 
(c) CONFORMING AMENDMENTS
TO CONTROLLED 
SUBSTANCES ACT.—The Controlled Substances Act (21 
U.S.C. 801 et seq.) is amended— 
(1) in section 102(44) (21 U.S.C. 802(44)), by 
striking ‘‘marihuana,’’; 
(2) in section 401(b) (21 U.S.C. 841(b))— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) in clause (vi), by inserting 
‘‘or’’ after the semicolon; 
(II) by striking (vii); and 
(III) 
by 
redesignating 
clause 
(viii) as clause (vii); 
(ii) in subparagraph (B)— 
(I) by striking clause (vii); and 
(II) by redesignating clause (viii) 
as clause (vii); 
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826 
(iii) in subparagraph (C), in the first 
sentence, by striking ‘‘subparagraphs (A), 
(B), and (D)’’ and inserting ‘‘subpara-
graphs (A) and (B)’’; 
(iv) by striking subparagraph (D); 
(v) by redesignating subparagraph (E) 
as subparagraph (D); and 
(vi) in subparagraph (D)(i), as so re-
designated, by striking ‘‘subparagraphs (C) 
and (D)’’ and inserting ‘‘subparagraph 
(C)’’; 
(B) by striking paragraph (4); and 
(C) by redesignating paragraphs (5), (6), 
and (7) as paragraphs (4), (5), and (6), respec-
tively; 
(3) 
in 
section 
402(c)(2)(B) 
(21 
U.S.C. 
842(c)(2)(B)), by striking ‘‘, marihuana,’’; 
(4) in section 403(d)(1) (21 U.S.C. 843(d)(1)), 
by striking ‘‘, marihuana,’’; 
(5) in section 418(a) (21 U.S.C. 859(a)), by 
striking the last sentence; 
(6) in section 419(a) (21 U.S.C. 860(a)), by 
striking the last sentence; 
(7) in section 422(d) (21 U.S.C. 863(d))— 
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(A) in the matter preceding paragraph (1), 
by striking ‘‘marijuana,’’; and 
(B) in paragraph (5), by striking ‘‘, such 
as a marihuana cigarette,’’; and 
(8) in section 516(d) (21 U.S.C. 886(d)), by 
striking ‘‘section 401(b)(6)’’ each place the term ap-
pears and inserting ‘‘section 401(b)(5)’’. 
(d) OTHER CONFORMING AMENDMENTS.— 
(1) NATIONAL FOREST SYSTEM DRUG CONTROL 
ACT OF 1986.—The National Forest System Drug 
Control Act of 1986 (16 U.S.C. 559b et seq.) is 
amended— 
(A) in section 15002(a) (16 U.S.C. 
559b(a)) by striking ‘‘marijuana and other’’; 
(B) in section 15003(2) (16 U.S.C. 
559c(2)) by striking ‘‘marijuana and other’’; 
and 
(C) in section 15004(2) (16 U.S.C. 
559d(2)) by striking ‘‘marijuana and other’’. 
(2) INTERCEPTION OF COMMUNICATIONS.—Sec-
tion 2516 of title 18, United States Code, is amend-
ed— 
(A) in subsection (1)(e), by striking ‘‘mari-
huana,’’; and 
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828 
(B) in subsection (2) by striking ‘‘mari-
huana,’’. 
SEC. 3002. COMMUNITY REINVESTMENT FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund, to be known as the 
‘‘Community Reinvestment Fund’’ (referred to in this sec-
tion as the ‘‘Fund’’). 
(b) DEPOSITS.—The Fund shall consist of— 
ø(1) any amounts not awarded to a covered 
State because of a determination under section 
3(b)(1); and¿ 
(2) any amounts otherwise appropriated to the 
Fund. 
(c) USE OF FUND AMOUNTS.—Amounts in the Fund 
shall be available to the Secretary of Housing and Urban 
Development to establish a grant program to reinvest in 
communities most affected by the war on drugs, which 
shall include providing grants to impacted communities for 
programs such as— 
(1) job training; 
(2) reentry services; 
(3) expenses related to the expungement of con-
victions; 
(4) public libraries; 
(5) community centers; 
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829 
(6) programs and opportunities dedicated to 
youth; 
(7) the special purpose fund discussed below; 
and 
(8) health education programs. 
(d) AVAILABILITY OF FUND AMOUNTS.—Amounts in 
the Fund shall be available without fiscal year limitation. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Fund 
$500,000,000 for each of fiscal years 2018 through 2040. 
SEC. 3003. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
(1) In recent years it has become clear that 
programs funded by the Edward Byrne Memorial 
Justice Assistance Grant program (referred to in 
this Act as the ‘‘Byrne grants program’’) have per-
petuated racial disparities, corruption in law enforce-
ment, and the commission of civil rights abuses 
across the country. This is especially the case when 
it comes to the program’s funding of hundreds of re-
gional antidrug task forces because the grants for 
these antidrug task forces have been dispensed to 
State governments with very little Federal oversight 
and have been prone to misuse and corruption. 
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830 
(2) Numerous Government Accountability Of-
fice reports have found that the Department of Jus-
tice has inadequately monitored grants provided 
under the Byrne grants program. A 2001 General 
Accounting Office report found that one-third of the 
grants did not contain required monitoring plans. 
Seventy percent of files on such grants did not con-
tain required progress reports. Forty-one percent of 
such files did not contain financial reports covering 
the full grant period. A 2002 report by the Heritage 
Foundation reported that ‘‘there is virtually no evi-
dence’’ that the Byrne grants program has been suc-
cessful in reducing crime and that the program lacks 
‘‘adequate measures of performance’’. 
(3) A 2002 report by the American Civil Lib-
erties Union of Texas identified 17 recent scandals 
involving antidrug task forces in Texas that receive 
funds under the Byrne grants program. Such scan-
dals include cases of the falsification of government 
records, witness tampering, fabricating evidence, 
false imprisonment, stealing drugs from evidence 
lockers, selling drugs to children, large-scale racial 
profiling, sexual harassment, and other abuses of of-
ficial capacity. Recent scandals in other States in-
clude the misuse of millions of dollars in Byrne 
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842 
(5) The Chair of the Congressional Black Cau-
cus (CBC) shall be a member of the Commission, as 
well as five additional Members of the CBC who ei-
ther sit on the following committees of relevant ju-
risdiction or who is an expert on issues affecting 
Black men and boys in America, including— 
(A) education; 
(B) justice and Civil Rights; 
(C) healthcare; 
(D) labor and employment; and 
(E) housing. 
(6) The Staff Director from the United States 
Commission on Civil Rights shall appoint one mem-
ber from within the staff of the United States Com-
mission on Civil Rights who is an expert in issues 
relating to Black men and boys. 
(7) The Chair of the United States Equal Em-
ployment Opportunity Commission shall appoint one 
member from within the staff of the United States 
Equal Employment Opportunity Commission who is 
an expert in equal employment issues impacting 
Black men. 
(8) The Secretary of Education shall appoint 
one member from within the Department of Edu-
cation who is an expert in urban education. 
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843 
(9) The Attorney General of the Department of 
Justice shall appoint one member from within the 
Department of Justice who is an expert in racial dis-
parities with the criminal justice system. 
(10) The Secretary of Health and Human Serv-
ices shall appoint one member from within the De-
partment of Health and Human Services who is an 
expert in health issues facing Black men. 
(11) The Secretary of the Department of Hous-
ing and Urban Development shall appoint one mem-
ber from within the Department of Housing and 
Urban Development who is an expert in housing and 
development in urban communities. 
(12) The Secretary of the Department of Labor 
shall appoint one member from within the Depart-
ment of Labor who is an expert in labor issues im-
pacting Black men. 
(13) The President of the United States shall 
appoint two members who are not employed by the 
Federal Government and are experts on issues af-
fecting Black men and boys in America. 
SEC. 4003. OTHER MATTERS RELATING TO APPOINTMENT; 
REMOVAL. 
(a) TIMING OF INITIAL APPOINTMENTS.—Each ini-
tial appointment to the Commission shall be made no later 
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885 
(A) in subsection (a), by striking ‘‘by 
death or’’; and 
(B) in subsection (b), in the third undesig-
nated paragraph— 
(i) by inserting ‘‘or’’ before ‘‘an inde-
terminate’’; and 
(ii) by striking ‘‘, or an unexecuted 
sentence of death’’. 
(13) MURDER OF A STATE OR LOCAL LAW EN-
FORCEMENT OFFICIAL OR OTHER PERSON AIDING IN 
A FEDERAL INVESTIGATION; MURDER OF A STATE 
CORRECTIONAL OFFICER.—Section 1121 of title 18, 
United States Code, is amended— 
(A) in subsection (a), by striking ‘‘by sen-
tence of death or’’; and 
(B) in subsection (b)(1), by striking ‘‘or 
death’’. 
(14) MURDER DURING A KIDNAPPING.—Section 
1201(a) of title 18, United States Code, is amended 
by striking ‘‘death or’’. 
(15) MURDER DURING A HOSTAGE-TAKING.— 
Section 1203(a) of title 18, United States Code, is 
amended by striking ‘‘death or’’. 
(16) MURDER
WITH
THE
INTENT
OF
PRE-
VENTING TESTIMONY BY A WITNESS, VICTIM, OR IN-
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893 
(F) 
SUBORDINATE
COMPELLING
SUR-
RENDER.—Section 900 of title 10, United 
States Code (article 100), is amended by strik-
ing ‘‘by death or such other punishment’’. 
(G) IMPROPER
USE
OF
COUNTERSIGN.— 
Section 901 of title 10, United States Code (ar-
ticle 101), is amended by striking ‘‘by death or 
such other punishment’’. 
(H) FORCING A SAFEGUARD.—Section 902 
of title 10, United States Code (article 102), is 
amended by striking ‘‘suffer death’’ and all that 
follows and inserting ‘‘be punished as a court- 
martial may direct.’’. 
(I) AIDING THE ENEMY.—Section 904 of 
title 10, United States Code (article 104), is 
amended by striking ‘‘suffer death or such 
other punishment as a court-martial or military 
commission may direct’’ and inserting ‘‘be pun-
ished as a court-martial or military commission 
may direct’’. 
(J) SPIES.—Section 906 of title 10, United 
States Code (article 106), is amended by strik-
ing ‘‘by death’’ and inserting ‘‘by imprisonment 
for life’’. 
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952 
SEC. 8009. DEFINITIONS. 
Title I of the Voting Rights Act of 1965 (52 U.S.C. 
10301) is amended by adding at the end the following: 
‘‘SEC. 21. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) INDIAN LANDS.—The term ‘Indian lands’ 
means— 
‘‘(A) any Indian country of the Indian 
tribe, as defined in section 1151 of title 18, 
United States Code; 
‘‘(B) any land in Alaska that is owned, 
pursuant to the Alaska Native Claims Settle-
ment Act (43 U.S.C. 1601 et seq.), by an In-
dian tribe that is a Native village (as defined in 
section 3 of that Act (43 U.S.C. 1602)) or by 
a Village Corporation that is associated with 
the Indian tribe (as defined in section 3 of that 
Act (43 U.S.C. 1602)); 
‘‘(C) any land on which the seat of govern-
ment of the Indian tribe is located; and 
‘‘(D) any land that is part or all of a tribal 
designated statistical area associated with the 
Indian tribe, or is part or all of an Alaska Na-
tive village statistical area associated with the 
tribe, as defined by the Bureau of the Census 
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