563 
(l) PROHIBITION OF CONSULTANT OR CONTRACTING 
WORK.—No member of the Development Task Force 
while serving in this capacity or for 1 year following depar-
ture from the Development Task Force may work as a 
consultant or contract worker in a position related to the 
direct work of the Development Task Force to the Depart-
ment of Homeland Security or member agency that par-
ticipates as a member of the Development Task Force. 
SEC. 8239. COMPUTING AND INFORMATION SECURITY MEN-
TORING 
PROGRAMS 
FOR 
COLLEGE 
STU-
DENTS. 
(a) OFFICE OF CYBERSECURITY AND INFORMATION 
SECURITY PROFESSIONAL’S MENTORING PROGRAM.— 
(1) IN GENERAL.—Subtitle C of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 141 et 
seq.) is further amended by adding at the end the 
following new section: 
‘‘SEC. 230D. OFFICE OF COMPUTING AND INFORMATION SE-
CURITY PROFESSIONAL’S MENTORING PRO-
GRAM. 
‘‘(a) ESTABLISHMENT.—There is in the Department 
an Office of Computing and Information Security Profes-
sional’s Mentoring Program. The head of the office is the 
Mentoring Coordinator, who shall be appointed by the Sec-
retary. 
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‘‘(b) RESPONSIBILITIES.—The Mentoring Coordi-
nator shall be responsible for working with outreach to 
institution of higher education, critical infrastructure own-
ers, and the heads of Federal departments and agencies 
to develop and promote the participation of professionals 
as volunteer mentors to— 
‘‘(1) undergraduate students at institutions of 
higher education who are enrolled in the third or 
fourth year of a program of education leading to a 
degree in computing or information security; 
‘‘(2) students enrolled in a program of edu-
cation leading to a doctoral degree in computing or 
information security; and 
‘‘(3) new employees of Federal departments and 
agencies whose primary responsibilities relate to 
computing or information security.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is further amended 
by inserting after the item relating to section 230C 
the following new item: 
‘‘Sec. 230D. Office of Computing and Information Security Professional’s Men-
toring Program.’’. 
(b) GRANT PROGRAM.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall determine existing authority to make 
grants to covered institutions of higher learning for 
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the establishment of mentoring programs for under-
graduates enrolled in programs or courses of edu-
cation in information assurance, cybersecurity or 
computing security programs. 
(2) 
COVERED
INSTITUTIONS
OF
HIGHER 
LEARNING.—For purposes of this subsection, the 
term ‘‘covered institution of higher learning’’ means 
those institutions as defined in section 371 of the 
Higher Education Act of 1965 and listed in section 
101 of this bill. 
SEC. 8240. GRANTS FOR COMPUTER EQUIPMENT. 
(a) GRANTS.—The Secretary of Homeland Security 
may make grants to post-secondary institutions that offer 
courses or degrees in computing or information security 
to be used to establish or equip a computer laboratory to 
be made available to students and faculty for both teach-
ing and research purposes. 
(b) TECHNICAL SUPPORT.—The Secretary shall en-
sure that each recipient of a grant under this section also 
receives technical support on the use and proper function 
of equipment and software. 
(c) PUBLICATION IN FEDERAL REGISTER.—The Sec-
retary shall publish the name of each institution of higher 
education that receives a grant under this section and the 
amount of such grant. 
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(d) QUALIFICATION.—In making grants under this 
section, the Secretary— 
(1) shall take into consideration whether more 
than 50 percent of the students at an institution are 
taking online or distance learning computer science 
and information security courses; and 
(2) may establish guidance to institutions for 
entering into laboratory facilities sharing agreements 
to allow institutions to qualify for grants under this 
section. 
SEC. 8241. CENTERS OF ACADEMIC COMPUTING AND IN-
FORMATION ASSURANCE. 
(a) PROGRAM
ESTABLISHED.—The Secretary of 
Homeland Security shall establish a program for Centers 
of Academic Computer and Information Assurance Dis-
tinction. 
(b) DESIGNATION OF CENTERS.— 
(1) IN
GENERAL.—The Secretary may des-
ignate five colleges or universities as Centers of Dis-
tinction for Academic Computing and Information 
Security Assurance each year with no limit to the 
total number of such Centers that may be estab-
lished. The Secretary may make public the Centers 
for Distinction in Academic Computing and Infor-
mation Security Assurance. 
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(2) REVOCATION OF DESIGNATIONS.—The Sec-
retary may revoke the designation of a Center of 
Distinction for Academic Computing and Informa-
tion Security Assurance. 
(3) CRITERIA.—The Secretary shall make avail-
able information regarding the criteria for desig-
nating an institution as a Center of Distinction for 
Academic Computing and Information Security As-
surance under this section. 
(4) DISTANCE LEARNING.—In designating Cen-
ters under this section, the Secretary shall consider 
the number of students who are enrolled in distance 
learning computer or information security courses 
and whether collaborations for in laboratory instruc-
tion through shared arrangements with established 
information assurance, cybersecurity computing se-
curity programs at secondary education programs 
that laboratory facilities that meet best practices as 
outlined by the Secretary would be sufficient to meet 
the requirements established under this section. 
(c) OUTREACH.—The Secretary shall identify and re-
port on the success of efforts to reach under represented 
populations in the field of computing and information se-
curity through work with institutions as defined under sec-
tion 371 of the Higher Education Act of 1965. 
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(d) REPORT.—Not later than 220 days after the date 
of the enactment of this Act, the Secretary shall submit 
to Congress recommendations regarding distance learning 
computer and information security programs for meeting 
the cybersecurity professional requirements of the agency. 
(e) CONSIDERATION OF PROGRAMS.—The Secretary 
may consider the following when making grants to post-
secondary education institutions and private sector enti-
ties who are contracted, provided grants or funds to con-
duct research on information assurance, cybersecurity and 
computing security to advance the agency’s cybersecurity 
capacity: 
(1) Institutions designated as a Center of Dis-
tinction for Academic Computing and Information 
Security Assurance. 
(2) Institutions who have established academic 
mentoring and program development partnerships 
related to information assurance, cybersecurity, and 
computing security academic programs with institu-
tions defined under section 371 of the Higher Edu-
cation Act of 1965. 
SEC. 8242. LIFELONG LEARNING IN COMPUTER AND INFOR-
MATION SECURITY STUDY. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall establish a program to be known as the 
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‘‘Lifelong Computer and Information Security Study’’. 
Such program shall be designed to promote computer and 
information security professionals among Federal civilian 
agencies, critical infrastructure, and the general public by 
supporting post-employment education and training. 
(b) DISCRETION
OF SECRETARY.—The Secretary 
shall have the discretion to determine the best methods 
for accomplishing the objective of this section. 
(c) REPORTS.—The Secretary shall periodically sub-
mit to Congress a report on the implementation of this 
section. 
SEC. 8243. COMPUTER AND INFORMATION SECURITY JOB 
OPPORTUNITIES PROGRAM. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Deputy Assistant Secretary for 
Cybersecurity Education and Awareness, shall establish, 
in conjunction with the National Science Foundation, a 
program to award grants to institutions of higher edu-
cation (and consortia thereof) for— 
(1) the establishment or expansion of computer 
and information security professional development 
programs; 
(2) the establishment or expansion (or both) of 
associate degree programs in computer and informa-
tion security; and 
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(3) the purchase of equipment to provide train-
ing in computer and information security for either 
professional development programs or degree pro-
grams. 
(b) GOALS AND CRITERIA.—The Secretary, acting 
through the Deputy Assistant Secretary and in consulta-
tion with the Working Group established under section 
8237, shall establish the goals for the program under this 
section and the criteria for awarding grants. 
(c) AWARDS.— 
(1) PEER REVIEW.—All awards under this sec-
tion shall be provided on a competitive, merit-re-
viewed basis. The peer review process shall be pub-
lished in the Federal Register. Those serving in a 
peer review role shall do so for 2 years with an op-
tion for 1 additional term. Applicants in the event 
of a denial of an award shall be provided with a de-
tailed explanation for the denial. 
(2) FOCUS.—In making awards under this sec-
tion, the Deputy Assistant Secretary shall, to the ex-
tent practicable, ensure geographic diversity and the 
participation of women and under represented mi-
norities. 
(3) PREFERENCE.—In making awards under 
this section, the Deputy Assistant Secretary shall— 
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(A) give preference to applications sub-
mitted by consortia of institutions, to encourage 
as many students and professionals as possible 
to benefit from the program established under 
this section; 
(B) give preference to any application sub-
mitted by a consortium of institutions that in-
cludes at least one institution that is eligible to 
receive funds under title III or V of the Higher 
Education Act of 1965; and 
(C) consider the enrollment of students in 
online and distance learning courses. 
(d) INSTITUTION
OF
HIGHER
EDUCATION
DE-
FINED.—In this section the term ‘‘institution of higher 
education’’ has the meaning given that term in section 
101(a) of the Higher Education Act of 1965 (20 U.S.C. 
1001(a)). 
SEC. 8244. DEPARTMENT OF HOMELAND SECURITY CYBER-
SECURITY TRAINING PROGRAMS AND EQUIP-
MENT. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, acting through the Assistant Secretary of Cybersecu-
rity, shall establish, in conjunction with the National 
Science Foundation, a program to award grants to institu-
tions of higher education (and consortia thereof) for— 
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(1) the establishment or expansion of cyberse-
curity professional development programs; 
(2) the establishment or expansion (or both) of 
associate degree programs in cybersecurity; and 
(3) the purchase of equipment to provide train-
ing in cybersecurity for either professional develop-
ment programs or degree programs. 
(b) ROLES.— 
(1) DEPARTMENT OF HOMELAND SECURITY.— 
The Secretary, acting through the Assistant Sec-
retary and in consultation with the Director of the 
National Science Foundation, shall establish the 
goals for the program established under this section 
and the criteria for awarding grants. 
(2) NATIONAL SCIENCE FOUNDATION.—The Di-
rector of the National Science Foundation shall op-
erate the program established under this section 
consistent with the goals and criteria established 
under paragraph (1), including soliciting applicants, 
reviewing applications, and making and admin-
istering awards. The Director may consult with the 
Assistant Secretary in selecting awardees. 
(3) FUNDING.—The Secretary shall transfer to 
the National Science Foundation the funds nec-
essary to carry out this section. 
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(c) AWARDS.— 
(1) PEER REVIEW.—All awards under this sec-
tion shall be provided on a competitive, merit-re-
viewed basis. 
(2) FOCUS.—In making awards under this sec-
tion, the Director shall, to the extent practicable, en-
sure geographic diversity and the participation of 
women and under represented minorities. 
(3) PREFERENCE.—In making awards under 
this section, the Director— 
(A) shall give preference to applications 
submitted by consortia of institutions, to en-
courage as many students and professionals as 
possible to benefit from the program established 
under this section; and 
(B) shall give preference to any application 
submitted by a consortium of institutions that 
includes at least one institution that is eligible 
to receive funds under title III or V of the 
Higher Education Act of 1965. 
(d) INSTITUTION
OF
HIGHER
EDUCATION
DE-
FINED.—In this section the term ‘‘institution of higher 
education’’ has the meaning given that term in section 
101(a) of the Higher Education Act of 1965 (20 U.S.C. 
1001(a)). 
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(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary for car-
rying out this section $3,700,000 for each of fiscal years 
2019 and 2020. 
SEC. 8245. E-SECURITY FELLOWS PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—Subtitle C of 
title II of the Homeland Security Act of 2002 (6 U.S.C. 
121 et seq.) is further amended by adding at the end the 
following: 
‘‘SEC. 230E. E-SECURITY FELLOWS PROGRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a fellowship program in accordance with this 
section for the purpose of bringing State, local, trib-
al, and private sector officials to participate in the 
work of the National Cybersecurity Division in order 
to become familiar with the Department’s stated cy-
bersecurity missions and capabilities, including but 
not limited to— 
‘‘(A) enhancing Federal, State, local, and 
tribal government cybersecurity; 
‘‘(B) developing partnerships with other 
Federal agencies, State, local, and tribal gov-
ernments, and the private sector; 
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‘‘(C) improving and enhancing public/pri-
vate information sharing involving cyber at-
tacks, threats, and vulnerabilities; 
‘‘(D) providing and coordinating incident 
response and recovery planning efforts; and 
‘‘(E) fostering training and certification. 
‘‘(2) PROGRAM
NAME.—The program under 
this section shall be known as the E-Security Fel-
lows Program. 
‘‘(b) ELIGIBILITY.—In order to be eligible for selec-
tion as a fellow under the program, an individual must— 
‘‘(1) have cybersecurity-related responsibilities; 
and 
‘‘(2) be eligible to possess an appropriate na-
tional security clearance. 
‘‘(c) LIMITATIONS.—The Secretary— 
‘‘(1) may conduct up to 2 iterations of the pro-
gram each year, each of which shall be 180 days in 
duration; and 
‘‘(2) shall ensure that the number of fellows se-
lected for each iteration does not impede the activi-
ties of the Division. 
‘‘(d) CONDITION.—As a condition of selecting an in-
dividual as a fellow under the program, the Secretary shall 
require that the individual’s employer agree to continue 
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to pay the individual’s salary and benefits during the pe-
riod of the fellowship. 
‘‘(e) STIPEND.—During the period of the fellowship 
of an individual under the program, the Secretary shall, 
subject to the availability of appropriations, provide to the 
individual a stipend to cover the individual’s reasonable 
living expenses during the period of the fellowship.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to such subtitle the following: 
‘‘Sec. 230E. E-Security Fellows Program.’’. 
SEC. 8246. NATIONAL SCIENCE FOUNDATION STUDY ON 
SCIENCE AND TECHNOLOGY STUDENT RE-
TENTION. 
(a) STUDY.—The National Science Foundation shall 
conduct a study on the causes of the high dropout rates 
of women and minority students enrolled in programs of 
education leading to degrees in science, technology, engi-
neering, and mathematics and the effects of such dropout 
rates on the cost of education for such students and the 
shortage of workers qualified for jobs in science and tech-
nology. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the National Science Foun-
dation shall submit to Congress a report on the study con-
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ducted under subsection (a) together with any rec-
ommendations of the National Science Foundation. 
SEC. 8247. CHALLENGE GRANTS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall make grants to the Center of Distinction for 
Academic Computing and Information Security Assur-
ance, which shall be known as ‘‘Challenge Grants’’. The 
recipient of a grant under this section shall use the grant 
to form a partnership with the Office of Cybersecurity 
Education and Awareness to assist in improving the com-
puting programs of such colleges and universities and 
meeting the requirements to become a Center of Distinc-
tion for Academic Computing and Information Security. 
The Secretary shall ensure that the institutions that re-
ceive assistance under this subsection are the institutions 
as defined under section 371 of the Higher Education Act 
of 1965 (20 U.S.C. 1067q). 
(b) REPORT.—The Secretary shall submit to Con-
gress a report on the outcomes of the partnerships funded 
by grants under this section and shall include in such re-
port the recommendations of the Secretary regarding im-
proving the access of the population served by the institu-
tions of higher education described in subsection (a). 
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SEC. 8248. E-SECURITY FELLOWS PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—Subtitle C of 
title II of the Homeland Security Act of 2002 (6 U.S.C. 
121 et seq.) is further amended by adding at the end the 
following: 
‘‘SEC. 230F. E-SECURITY FELLOWS PROGRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a fellowship program in accordance with this 
section for the purpose of bringing State, local, trib-
al, and private sector officials to participate in the 
work of the National Cybersecurity Division in order 
to become familiar with the Department’s stated cy-
bersecurity missions and capabilities, including but 
not limited to— 
‘‘(A) developing partnerships with other 
Federal agencies, State, local, and tribal gov-
ernments, and the private sector; and 
‘‘(B) fostering training and certification. 
‘‘(2) PROGRAM
NAME.—The program under 
this section shall be known as the ‘E-Security Fel-
lows Program’. 
‘‘(b) ELIGIBILITY.—In order to be eligible for selec-
tion as a fellow under the program, an individual must— 
‘‘(1) have computer and information security- 
related responsibilities; and 
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‘‘(2) be eligible to possess an appropriate na-
tional security clearance. 
‘‘(c) LIMITATIONS.—The Secretary— 
‘‘(1) may conduct up to 2 iterations of the pro-
gram each year, each of which shall be 180 days in 
duration; and 
‘‘(2) shall ensure that the number of fellows se-
lected for each iteration does not impede the activi-
ties of the Division. 
‘‘(d) CONDITION.—As a condition of selecting an in-
dividual as a fellow under the program, the Secretary shall 
require that the individual’s employer agree to continue 
to pay the individual’s salary and benefits during the pe-
riod of the fellowship. 
‘‘(e) STIPEND.—During the period of the fellowship 
of an individual under the program, the Secretary shall, 
subject to the availability of appropriations, provide to the 
individual a stipend to cover the individual’s reasonable 
living expenses during the period of the fellowship.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by adding 
at the end of the items relating to such subtitle the fol-
lowing: 
‘‘Sec. 230F. E-Security Fellows Program.’’. 
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PART 6—SUPPLEMENTAL NUTRITION 
ASSISTANCE PROGRAM 
SEC. 8251. ELIGIBILITY OF STUDENTS TO PARTICIPATE IN 
THE 
SUPPLEMENTAL 
NUTRITION 
ASSIST-
ANCE PROGRAM. 
(a) AMENDMENTS.—Section 6(e) of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2015(e)) is amended— 
(1) in paragraph (7) by striking ‘‘or’’ at the 
end; 
(2) in paragraph (8) by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(9) has an expected family contribution of 
zero, as determined by the procedures established in 
part F of title IV of the Higher Education Act of 
1965 (20 U.S.C. 1087kk–1087vv); or 
‘‘(10) is determined to be ‘independent’ based 
on one of the criteria specified in subparagraphs 
(B), (C), (D), (G), and (H) of section 480(d)(1) of 
the Higher Education Act (20 U.S.C. 1087vv).’’. 
(b) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on October 
1, 2019. 
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PART 7—STRENGTHENING PREVENTION AND RE-
SPONSE MEASURES FOR HATE CRIMES ON 
COLLEGE CAMPUSES 
SEC. 8261. HATE CRIME PREVENTION AND RESPONSE. 
Part B of title I of the Higher Education Act of 1965 
is amended by adding at the end the following: 
‘‘SEC. 124. HATE CRIME PREVENTION AND RESPONSE. 
‘‘(a) RESTRICTION ON ELIGIBILITY.—Notwithstand-
ing any other provision of law, no institution of higher 
education shall be eligible to receive funds or any other 
form of financial assistance under any program under title 
IV, unless the institution certifies to the Secretary that 
the institution has adopted and has implemented a pro-
gram to prevent and adequately respond to hate crimes 
within the jurisdiction of the institution or by students 
and employees that, at a minimum, includes— 
‘‘(1) the annual distribution to each student 
and employee of— 
‘‘(A) standards of conduct and the applica-
ble sanctions that clearly prohibit, at a min-
imum, the acts or threats of violence, property 
damage, harassment, intimidation, or other 
crimes that specifically target an individual 
based on their race, religion, ethnicity, handi-
cap, sexual orientation, gender, or gender iden-
tification by students and employees on the in-
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stitution’s property or as a part of any of the 
institution’s activities; 
‘‘(B) a clear definition of what constitutes 
a hate crime or hate incident under Federal 
and State law or other applicable authority; 
‘‘(C) a description of the applicable legal 
sanctions under local, State, or Federal law for 
perpetrating a hate crime; 
‘‘(D) a description of any counseling, med-
ical treatment, or rehabilitation programs that 
are available to students or employees that are 
victims of hate crimes or other hate-based 
incidences; 
‘‘(E) a description of applicable services 
for students to be able to switch dorms, classes, 
or make other arrangements should they feel 
unsafe in those spaces due to a hate crime 
which affects such space; and 
‘‘(F) a distinct statement that the institu-
tion will impose sanctions on students and em-
ployees (consistent with local, State, and Fed-
eral law), and a description of those sanctions, 
up to and including expulsion or termination of 
employment and referral for prosecution, for 
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er education or consortia of such institutions, 
and enter into contracts with such institutions, 
consortia, and other organizations, to develop, 
implement, operate, improve, and disseminate 
programs of prevention, and education to re-
duce and eliminate hate crimes. Such grants or 
contracts may also be used for the support of 
a higher education center for hate crime pre-
vention and response that will provide training, 
technical assistance, evaluation, dissemination, 
and associated services and assistance to the 
higher education community as determined by 
the Secretary and institutions of higher edu-
cation. 
‘‘(B) 
AWARDS.—Grants 
and 
contracts 
shall be awarded under subparagraph (A) on a 
by needs basis. 
‘‘(C) APPLICATIONS.—An institution of 
higher education or a consortium of such insti-
tutions that desires to receive a grant or con-
tract under paragraph (A) shall submit an ap-
plication to the Secretary at such time, in such 
manner, and containing or accompanied by 
such information as the Secretary may reason-
ably require by regulation. 
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‘‘(D) ADDITIONAL REQUIREMENTS.— 
‘‘(i) 
PARTICIPATION.—In 
awarding 
grants and contracts under this subsection 
the Secretary shall make every effort to 
ensure— 
‘‘(I) the equitable participation of 
private and public institutions of high-
er education (including community 
and junior colleges); and 
‘‘(II) the equitable geographic 
participation of such institutions. 
‘‘(ii) CONSIDERATION.—In awarding 
grants and contracts under this subsection 
the Secretary shall give appropriate consid-
eration to institutions of higher education 
with limited enrollment. 
‘‘(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to carry out this subsection such sums 
as may be necessary for fiscal year 2019 and 
each of the 5 succeeding fiscal years. 
‘‘(4) DEFINITION.—The term ‘hate crime’ 
means any criminal offense perpetrated against a 
person or property that was motivated in whole or 
in part by an offender’s bias against a race, religion, 
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disability, sexual orientation, ethnicity, gender, or 
gender identity.’’. 
SEC. 8262. CLERY ACT AMENDMENTS. 
Section 485(f) of the Higher Education Act of 1965 
(20 U.S.C. 1092(f)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (C)— 
(i) by striking ‘‘and’’ at the end of 
clause (ii); 
(ii) in clause (iii)— 
(I) by striking ‘‘encourage’’ and 
inserting ‘‘require’’; 
(II) by inserting ‘‘, including hate 
crimes,’’ after ‘‘all crimes’’; and 
(III) by striking the period at the 
end and inserting ‘‘; and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(i) policies encourage officer develop-
ment training to specifically recognize, pre-
vent, and respond to hate crimes.’’; and 
(B) by adding at the end the following: 
‘‘(K) A statement of policy regarding hate- 
based crimes and the enforcement of Federal and 
State hate crime laws and a description of any hate 
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crime prevention and response programs required 
under section 124.’’; and 
(2) in paragraph (6)(A), by adding at the end 
the following: 
‘‘(vi) The term ‘hate crime’ has the 
meaning 
given 
the 
term 
in 
section 
124(b)(4).’’. 
SEC. 8263. PROGRAM PARTICIPATION AGREEMENTS. 
Section 487(a) of the Higher Education Act of 1965 
(20 U.S.C. 1094(a)) is amended by adding at the end the 
following: 
‘‘(30) The institution will have hate 
crime prevention and response programs 
that the institution has determined to be 
accessible to any officer, employee, or stu-
dent at the institution and which meets the 
requirements of section 124.’’. 
SEC. 8264. ACCREDITING AGENCY RECOGNITION. 
Section 496(a)(5) of the Higher Education Act of 
1965 (20 U.S.C. 1099b(a)(5)) is amended— 
(1) in subparagraph (I), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (J), by inserting ‘‘and’’ 
after the semicolon; and 
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(3) by inserting after subparagraph (J) and be-
fore the flush text, the following: 
‘‘(K) safety objectives with respect to hate 
crimes (defined in section 124(b)(4)) and the 
established measures and policies to combat 
such crimes;’’. 
Subtitle D—Historically Black 
Colleges and Universities 
SEC. 8301. BOND INSURANCE. 
Section 343 of the Higher Education Act of 1965 (20 
U.S.C. 1066b) is amended— 
(1) by striking ‘‘escrow account’’ each place it 
appears and inserting ‘‘bond insurance fund’’; and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘an’’ and 
inserting ‘‘a’’; and 
(B) in paragraph (8), in the matter pre-
ceding subparagraph (A), by striking ‘‘an’’ and 
inserting ‘‘a’’. 
SEC. 8302. STRENGTHENING TECHNICAL ASSISTANCE. 
Paragraph (9) of section 345 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1066d) is amended to read 
as follows: 
‘‘(9) may, directly or by grant or contract, pro-
vide financial counseling and technical assistance to 
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eligible institutions to prepare the institutions to 
qualify, apply for, and maintain a capital improve-
ment loan, including a loan under this part; and’’. 
SEC. 8303. HBCU CAPITAL FINANCING ADVISORY BOARD. 
Paragraph (2) of section 347(c) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1066f(c)) is amended to 
read as follows: 
‘‘(2) REPORT.—On an annual basis, the Advi-
sory Board shall prepare and submit to the author-
izing committees a report on the status of the his-
torically Black colleges and universities described in 
paragraph (1)(A). That report shall also include— 
‘‘(A) an overview of all loans in the capital 
financing program, including the most recent 
loans awarded in the fiscal year in which the re-
port is submitted; and 
‘‘(B) administrative and legislative rec-
ommendations, as needed, for addressing the 
issues related to construction financing facing 
historically Black colleges and universities.’’. 
Subtitle E—Mentoring 
SEC. 8401. TRANSITION-TO-SUCCESS MENTORING PRO-
GRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Section 
1002(d) of the Elementary and Secondary Education Act 
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of 1965 (20 U.S.C. 6553) is amended to read as follows: 
‘‘There are authorized to be appropriated to carry out the 
activities described in part D, $50,000,000 for fiscal year 
2019 and such sums as may be necessary for each suc-
ceeding fiscal year.’’. 
(b) TRANSITION-TO-SUCCESS
MENTORING
PRO-
GRAM.—Part D of title I of such Act (20 U.S.C. 6421 
et seq.) is amended by adding at the end the following: 
‘‘Subpart 4—Transition-to-Success Mentoring 
Program 
‘‘SEC. 1441. TRANSITION-TO-SUCCESS MENTORING PRO-
GRAM. 
‘‘(a) IN GENERAL.—From the amounts appropriated 
to carry out this section, the Secretary shall award grants 
to eligible entities to establish, expand, or support school- 
based mentoring programs to assist eligible students with 
the transition from middle school to high school. 
‘‘(b) APPLICATION.—To receive a grant under this 
section, an eligible entity shall submit an application to 
the Secretary at such time, in such manner, and con-
taining such information as the Secretary may require. 
‘‘(c) USES OF FUNDS.— 
‘‘(1) REQUIRED USES OF FUNDS.—An eligible 
entity that receives a grant under this section shall 
use the grant funds to establish a mentoring pro-
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gram, or to expand or provide technical support to 
an existing mentoring program, in all middle schools 
served by the entity, under which each eligible stu-
dent is assigned to a success coach who— 
‘‘(A) creates a plan for success for the stu-
dent that— 
‘‘(i) is created with the student, teach-
ers, mentor, and parents of the student; 
‘‘(ii) includes, for each academic year, 
the student’s academic, personal, and ca-
reer exploration goals, and a strategy on 
how to accomplish such goals; and 
‘‘(iii) 
identifies 
the 
student’s 
strengths, 
weaknesses, 
and 
academic 
progress; 
‘‘(B) enters into a signed, written agree-
ment with the parents of the student that de-
scribes how the parents should assist the stu-
dent in carrying out the plan for success; 
‘‘(C) meets with the student at least once 
per month to— 
‘‘(i) assist the student in achieving the 
goals under the plan for success; 
‘‘(ii) identify the student’s academic 
areas of weaknesses; 
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‘‘(iii) provide the student with the 
tools necessary to improve the student’s 
potential for academic excellence, and en-
sure the student’s successful transition 
from middle school to high school by iden-
tifying 
improved 
attitude, 
behavior, 
coursework, and social involvement; and 
‘‘(iv) in the case of a student with be-
havioral issues, assist the student in behav-
ior management techniques; 
‘‘(D) at least monthly, meets with the stu-
dent and the parents, teachers, or counselors of 
the student to— 
‘‘(i) evaluate the student’s progress in 
achieving the goals under the plan for the 
current academic year; and 
‘‘(ii) revise or establish new goals for 
the next academic year; and 
‘‘(E) serves as the student’s advocate be-
tween the teachers and parents of the student 
to ensure that the teachers and parents under-
stand the student’s plan. 
‘‘(2) AUTHORIZED USES OF FUNDS.—An eligi-
ble entity that receives a grant under this section 
may use such funds to— 
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‘‘(A) develop and carry out a training pro-
gram for success coaches, including providing 
support to match success coaches with eligible 
students; 
‘‘(B) cover the cost of any materials used 
by success coaches under the mentoring pro-
gram; and 
‘‘(C) hire staff to perform or support the 
program objectives. 
‘‘(d) GRANT DURATION.—A grant under this section 
shall be awarded for a period of not more than 5 years. 
‘‘(e) REPORTING REQUIREMENTS.— 
‘‘(1) ELIGIBLE
ENTITIES.—An eligible entity 
receiving a grant under this section shall submit to 
the Secretary, at the end of each academic year dur-
ing the grant period, a report that includes— 
‘‘(A) the number of students who partici-
pated in the school-based mentoring program 
that was funded in whole or in part with the 
grant funds under this section; 
‘‘(B) data on the academic achievement of 
such students; 
‘‘(C) the number of contact hours between 
such students and their success coaches; and 
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‘‘(D) any other information that the Sec-
retary may require to evaluate the success of 
the school-based mentoring program. 
‘‘(2) SECRETARY.— 
‘‘(A) INTERIM REPORT.—At the end of the 
third fiscal year for which funds are made 
available to carry out this section, the Secretary 
shall submit to Congress an interim report on 
the success of the school-based mentoring pro-
grams funded under this section that includes 
the information received under paragraph (1). 
‘‘(B) FINAL REPORT.—At the end of the 
fifth fiscal year for which funds are made avail-
able to carry out this section, the Secretary 
shall submit to Congress a final report on the 
success of the school-based mentoring programs 
funded under this section that includes the in-
formation received under paragraph (1). 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) AT-RISK STUDENT.—The term ‘at-risk stu-
dent’ means a student who has been identified as a 
student who has below a 2.0 grade point average or 
the equivalent or who has been determined by par-
ents, teachers, or other school officials to— 
‘‘(A) be at-risk of academic failure; 
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‘‘(B) have expressed interest in dropping 
out of school; 
‘‘(C) show signs of a drug or alcohol prob-
lem; 
‘‘(D) be pregnant or a parent; 
‘‘(E) have come into contact with the juve-
nile justice system in the past; 
‘‘(F) have limited English proficiency; 
‘‘(G) be a gang member; or 
‘‘(H) have a high absenteeism rate at 
school. 
‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means— 
‘‘(A) a local educational agency that— 
‘‘(i) receives, or is eligible to receive, 
funds under part A of this title; or 
‘‘(ii) is a high-need local educational 
agency; or 
‘‘(B) a partnership between a local edu-
cational agency described in subparagraph (A) 
and a nonprofit, community-based organization. 
‘‘(3) ELIGIBLE STUDENT.—The term ‘eligible 
student’ means a student who— 
‘‘(A) is enrolled in a middle school served 
by an eligible entity; and 
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‘‘(B) is an at-risk student. 
‘‘(4) HIGH-NEED LOCAL EDUCATIONAL AGEN-
CY.—The term ‘high-need local educational agency’ 
means a local educational agency that serves at least 
one high-need school. 
‘‘(5) HIGH-NEED
SCHOOL.—The term ‘high- 
need school’ has the meaning given the term in sec-
tion 2211(b)(2). 
‘‘(6) MIDDLE
SCHOOL.—The term ‘middle 
school’ means a nonprofit institutional day or resi-
dential school, including a public charter school, that 
provides middle school education, as determined 
under State law, except that the term does not in-
clude any education below grade 6 or beyond grade 
9. 
‘‘(7) SCHOOL-BASED
MENTORING.—The term 
‘school-based mentoring’ refers to mentoring activi-
ties that— 
‘‘(A) are closely coordinated with a school 
by involving teachers, counselors, and other 
school staff who may identify and refer stu-
dents for mentoring services; and 
‘‘(B) assist at-risk students in improving 
academic achievement, reducing disciplinary re-
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ferrals, and increasing positive regard for 
school. 
‘‘(8) SUCCESS
COACH.—The term ‘success 
coach’ means an individual who— 
‘‘(A) is— 
‘‘(i) an employee or volunteer of a 
local educational agency in which a men-
toring program receiving support under 
this section is being carried out; or 
‘‘(ii) a volunteer or employee from a 
nonprofit, community-based organization 
that provides volunteers for mentoring pro-
grams in secondary schools; and 
‘‘(B) prior to becoming a success coach— 
‘‘(i) received training and support in 
mentoring from an eligible entity, which, at 
a minimum, was 2 hours in length and 
covered the roles and responsibilities of a 
success coach; and 
‘‘(ii) underwent a screening by an eli-
gible entity that included— 
‘‘(I) appropriate job reference 
checks; 
‘‘(II) child and domestic abuse 
record checks; and 
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‘‘(III) 
criminal 
background 
checks.’’. 
SEC. 8402. TABLE OF CONTENTS. 
The table of contents in section 2 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6301 
et seq.) is amended by inserting after the item relating 
to section 1432 the following: 
‘‘SUBPART 4—TRANSITION-TO-SUCCESS MENTORING PROGRAM 
‘‘Sec. 1441. Transition-to-success mentoring program.’’. 
Subtitle F—Civil Rights 
SEC. 8501. RESTORATION OF RIGHT TO CIVIL ACTION IN 
DISPARATE IMPACT CASES UNDER TITLE VI 
OF THE CIVIL RIGHTS ACT OF 1964. 
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 607. The violation of any regulation relating 
to disparate impact issued under section 602 shall give 
rise to a private civil cause of action for its enforcement 
to the same extent as does an intentional violation of the 
prohibition of section 601.’’. 
SEC. 8502. DESIGNATION OF MONITORS UNDER TITLE VI OF 
THE CIVIL RIGHTS ACT OF 1964. 
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.) is further amended by adding at the end 
the following: 
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‘‘SEC. 608. (a) Each recipient shall— 
‘‘(1) designate at least one employee to coordi-
nate its efforts to comply with requirements adopted 
pursuant to section 602 and carry out the respon-
sibilities of the recipient under this title, including 
any investigation of any complaint alleging the non-
compliance of the recipient with such requirements 
or alleging any actions prohibited under this title; 
and 
‘‘(2) notify its students and employees of the 
name, office address, and telephone number of each 
employee designated under paragraph (1). 
‘‘(b) In this section, the term ‘recipient’ means a re-
cipient referred to in section 602 that operates an edu-
cation program or activity receiving Federal financial as-
sistance authorized or extended by the Secretary of Edu-
cation.’’. 
SEC. 8503. SPECIAL ASSISTANT FOR EQUITY AND INCLU-
SION. 
Section 202(b) of the Department of Education Or-
ganization Act (20 U.S.C. 3412(b)) is amended— 
(1) by redesignating paragraph (4) as para-
graph (5); and 
(2) by inserting after paragraph (3), the fol-
lowing: 
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‘‘(4) There shall be in the Department, a Spe-
cial Assistant for Equity and Inclusion who shall be 
appointed by the Secretary. The Special Assistant 
shall promote, coordinate, and evaluate equity and 
inclusion programs, including the dissemination of 
information, technical assistance, and coordination 
of research activities. The Special Assistant shall ad-
vise the Secretary and Deputy Secretary on all mat-
ters relating to equity and inclusion in a manner 
consistent with title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.).’’. 
DIVISION B—JUSTICE 
TITLE I—POLICE REFORM 
SEC. 1001. DEFINITIONS. 
In this Act: 
(1) COVERED
PROGRAM.—The term ‘‘covered 
program’’ means any program or activity funded in 
whole or in part with funds made available under— 
(A) the Edward Byrne Memorial Justice 
Assistance Grant Program under part E of title 
I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3750 et seq.); 
and 
(B) the ‘‘Cops on the Beat’’ program 
under part Q of title I of the Omnibus Crime 
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Control and Safe Streets Act of 1968 (42 
U.S.C. 3796dd et seq.), except that no pro-
gram, project, or other activity specified in sec-
tion 1701(b)(13) of such part shall be a covered 
program under this paragraph. 
(2) GOVERNMENTAL BODY.—The term ‘‘govern-
mental body’’ means any department, agency, special 
purpose district, or other instrumentality of Federal, 
State, local, or Indian tribal government. 
(3) HIT RATE.—The term ‘‘hit rate’’ means the 
percentage of stops and searches in which a law en-
forcement officer finds drugs, a gun, or other con-
traband that leads to an arrest. The hit rate is cal-
culated by dividing the total number of searches by 
the number of searches that yield contraband. The 
hit rate is complementary to the rate of false stops. 
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 102 of the 
Federally Recognized Indian Tribe List Act of 1994 
(25 U.S.C. 479a). 
(5) LAW
ENFORCEMENT
AGENCY.—The term 
‘‘law enforcement agency’’ means any Federal, 
State, local, or Indian tribal public agency engaged 
in the prevention, detection, or investigation of viola-
tions of criminal, immigration, or customs laws. 
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(6) LAW
ENFORCEMENT
AGENT.—The term 
‘‘law enforcement agent’’ means any Federal, State, 
local, or Indian tribal official responsible for enforc-
ing criminal, immigration, or customs laws, includ-
ing police officers and other agents of a law enforce-
ment agency. 
(7) RACIAL
PROFILING.—The term ‘‘racial 
profiling’’ means the practice of a law enforcement 
agent or agency relying, to any degree, on actual or 
perceived race, ethnicity, national origin, religion, 
gender, gender identity, or sexual orientation in se-
lecting which individual to subject to routine or 
spontaneous investigatory activities or in deciding 
upon the scope and substance of law enforcement ac-
tivity following the initial investigatory procedure, 
except when there is trustworthy information, rel-
evant to the locality and timeframe, that links a per-
son with a particular characteristic described in this 
paragraph to an identified criminal incident or 
scheme. 
(8) ROUTINE OR SPONTANEOUS INVESTIGATORY 
ACTIVITIES.—The term ‘‘routine or spontaneous in-
vestigatory activities’’ means the following activities 
by a law enforcement agent: 
(A) Interviews. 
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(B) Traffic stops. 
(C) Pedestrian stops. 
(D) Frisks and other types of body 
searches. 
(E) Consensual or nonconsensual searches 
of the persons, property, or possessions (includ-
ing vehicles) of individuals using any form of 
public or private transportation, including mo-
torists and pedestrians. 
(F) Data collection and analysis, assess-
ments, and predicated investigations. 
(G) Inspections and interviews of entrants 
into the United States that are more extensive 
than those customarily carried out. 
(H) Immigration-related workplace inves-
tigations. 
(I) Such other types of law enforcement 
encounters compiled for or by the Federal Bu-
reau of Investigation or the Department of Jus-
tice Bureau of Justice Statistics. 
(9) REASONABLE
REQUEST.—The term ‘‘rea-
sonable request’’ means all requests for information, 
except for those that— 
(A) are immaterial to the investigation; 
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(B) would result in the unnecessary disclo-
sure of personal information; or 
(C) would place a severe burden on the re-
sources of the law enforcement agency given its 
size. 
(10) STATE.—The term ‘‘State’’ means each of 
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, and any other territory 
or possession of the United States. 
(11) UNIT OF LOCAL GOVERNMENT.—The term 
‘‘unit of local government’’ means— 
(A) any city, county, township, town, bor-
ough, parish, village, or other general purpose 
political subdivision of a State; 
(B) any law enforcement district or judicial 
enforcement district that— 
(i) is established under applicable 
State law; and 
(ii) has the authority to, in a manner 
independent of other State entities, estab-
lish a budget and impose taxes; or 
(C) any Indian tribe that performs law en-
forcement functions, as determined by the Sec-
retary of the Interior. 
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SEC. 1002. PROHIBITION. 
No law enforcement agent or law enforcement agency 
shall engage in racial profiling. 
SEC. 1003. ENFORCEMENT. 
(a) REMEDY.—The United States, or an individual 
injured by racial profiling, may enforce this title in a civil 
action for declaratory or injunctive relief, filed either in 
a State court of general jurisdiction or in a district court 
of the United States. 
(b) PARTIES.—In any action brought under this title, 
relief may be obtained against— 
(1) any governmental body that employed any 
law enforcement agent who engaged in racial 
profiling; 
(2) any agent of such body who engaged in ra-
cial profiling; and 
(3) any person with supervisory authority over 
such agent. 
(c) NATURE OF PROOF.—Proof that the routine or 
spontaneous investigatory activities of law enforcement 
agents in a jurisdiction have had a disparate impact on 
individuals with a particular characteristic described in 
section 1001(7) shall constitute prima facie evidence of a 
violation of this title. 
(d) ATTORNEY’S FEES.—In any action or proceeding 
to enforce this title against any governmental body, the 
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court may allow a prevailing plaintiff, other than the 
United States, reasonable attorney’s fees as part of the 
costs, and may include expert fees as part of the attorney’s 
fee. 
SEC. 1004. POLICIES TO ELIMINATE RACIAL PROFILING. 
(a) IN GENERAL.—Federal law enforcement agencies 
shall— 
(1) maintain adequate policies and procedures 
designed to eliminate racial profiling; and 
(2) cease existing practices that permit racial 
profiling. 
(b) POLICIES.—The policies and procedures de-
scribed in subsection (a)(1) shall include— 
(1) a prohibition on racial profiling; 
(2) training on racial profiling issues as part of 
Federal law enforcement training; 
(3) the collection of data in accordance with the 
regulations issued by the Attorney General under 
section 401; 
(4) procedures for receiving, investigating, and 
responding meaningfully to complaints alleging ra-
cial profiling by law enforcement agents; and 
(5) any other policies and procedures the Attor-
ney General determines to be necessary to eliminate 
racial profiling by Federal law enforcement agencies. 
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SEC. 1005. POLICIES REQUIRED FOR GRANTS. 
(a) IN GENERAL.—An application by a State, a unit 
of local government, or a State, local, or Indian tribal law 
enforcement agency for funding under a covered program 
shall include a certification that such State, unit of local 
government, or law enforcement agency, and any law en-
forcement agency to which it will distribute funds— 
(1) maintains adequate policies and procedures 
designed to eliminate racial profiling; and 
(2) has eliminated any existing practices that 
permit or encourage racial profiling. 
(b) POLICIES.—The policies and procedures de-
scribed in subsection (a)(1) shall include— 
(1) a prohibition on racial profiling; 
(2) training on racial profiling issues as part of 
law enforcement training; 
(3) the collection of data in accordance with the 
regulations issued by the Attorney General under 
section 401; and 
(4) participation in an administrative complaint 
procedure or independent audit program that meets 
the requirements of section 302. 
(c) EFFECTIVE DATE.—This section shall take effect 
12 months after the date of enactment of this Act. 
SEC. 1006. INVOLVEMENT OF ATTORNEY GENERAL. 
(a) REGULATIONS.— 
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(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act and in con-
sultation with stakeholders, including Federal, State, 
tribal, and local law enforcement agencies and com-
munity, professional, research, and civil rights orga-
nizations, the Attorney General shall issue regula-
tions for the operation of administrative complaint 
procedures and independent audit programs to en-
sure that such programs and procedures provide an 
appropriate response to allegations of racial profiling 
by law enforcement agents or agencies. 
(2) 
GUIDELINES.—The 
regulations 
issued 
under paragraph (1) shall contain guidelines that 
ensure the fairness, effectiveness, and independence 
of the administrative complaint procedures and inde-
pendent auditor programs. 
(b) NONCOMPLIANCE.—If the Attorney General de-
termines that the recipient of a grant from any covered 
program is not in compliance with the requirements of sec-
tion 301 or the regulations issued under subsection (a), 
the Attorney General shall withhold, in whole or in part 
(at the discretion of the Attorney General), funds for one 
or more grants to the recipient under the covered pro-
gram, until the recipient establishes compliance. 
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(c) PRIVATE PARTIES.—The Attorney General shall 
provide notice and an opportunity for private parties to 
present evidence to the Attorney General that a recipient 
of a grant from any covered program is not in compliance 
with the requirements of this title. 
SEC. 1007. DATA COLLECTION DEMONSTRATION PROJECT. 
(a) COMPETITIVE AWARDS.— 
(1) IN GENERAL.—The Attorney General may, 
through competitive grants or contracts, carry out a 
2-year demonstration project for the purpose of de-
veloping and implementing data collection programs 
on the hit rates for stops and searches by law en-
forcement agencies. The data collected shall be 
disaggregated by race, ethnicity, national origin, 
gender, and religion. 
(2) NUMBER OF GRANTS.—The Attorney Gen-
eral shall provide not more than 5 grants or con-
tracts under this section. 
(3) ELIGIBLE GRANTEES.—Grants or contracts 
under this section shall be awarded to law enforce-
ment agencies that serve communities where there is 
a significant concentration of racial or ethnic minori-
ties and that are not already collecting data volun-
tarily. 
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(b) REQUIRED ACTIVITIES.—Activities carried out 
with a grant under this section shall include— 
(1) developing a data collection tool and report-
ing the compiled data to the Attorney General; and 
(2) training of law enforcement personnel on 
data collection, particularly for data collection on hit 
rates for stops and searches. 
(c) EVALUATION.—Not later than 3 years after the 
date of enactment of this Act, the Attorney General shall 
enter into a contract with an institution of higher edu-
cation (as defined in section 101 of the Higher Education 
Act of 1965 (20 U.S.C. 1001)) to analyze the data col-
lected by each of the grantees funded under this section. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out activities 
under this section— 
(1) $5,000,000, over a 2-year period, to carry 
out the demonstration program under subsection 
(a); and 
(2) $500,000 to carry out the evaluation under 
subsection (c). 
SEC. 1008. BEST PRACTICES DEVELOPMENT GRANTS. 
(a) GRANT AUTHORIZATION.—The Attorney General, 
through the Bureau of Justice Assistance, may make 
grants to States, local law enforcement agencies, and units 
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of local government to develop and implement best prac-
tice devices and systems to eliminate racial profiling. 
(b) USE OF FUNDS.—The funds provided under sub-
section (a) shall be used for programs that include the 
following purposes: 
(1) The development and implementation of 
training to prevent racial profiling and to encourage 
more respectful interaction with the public. 
(2) The acquisition and use of technology to fa-
cilitate the accurate collection and analysis of data. 
(3) The development and acquisition of feed-
back systems and technologies that identify officers 
or units of officers engaged in, or at risk of engag-
ing in, racial profiling or other misconduct. 
(4) The establishment and maintenance of an 
administrative complaint procedure or independent 
auditor program. 
(c) EQUITABLE DISTRIBUTION.—The Attorney Gen-
eral shall ensure that grants under this section are award-
ed in a manner that reserves an equitable share of funding 
for small and rural law enforcement agencies. 
(d) APPLICATION.—Each State, local law enforce-
ment agency, or unit of local government desiring a grant 
under this section shall submit an application to the Attor-
ney General at such time, in such manner, and accom-
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panied by such information as the Attorney General may 
reasonably require. 
SEC. 1009. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out this title. 
SEC. 1010. ATTORNEY GENERAL TO ISSUE REGULATIONS. 
(a) REGULATIONS.—Not later than 6 months after 
the date of enactment of this Act, the Attorney General, 
in consultation with stakeholders, including Federal, 
State, and local law enforcement agencies and community, 
professional, research, and civil rights organizations, shall 
issue regulations for the collection and compilation of data 
under sections 201 and 301. 
(b) REQUIREMENTS.—The regulations issued under 
subsection (a) shall— 
(1) provide for the collection of data on all rou-
tine or spontaneous investigatory activities; 
(2) provide that the data collected shall— 
(A) be collected by race, ethnicity, national 
origin, gender, and religion, as perceived by the 
law enforcement officer; 
(B) include the date, time, and location of 
such investigatory activities; 
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(C) include detail sufficient to permit an 
analysis of whether a law enforcement agency is 
engaging in racial profiling; and 
(D) not include personally identifiable in-
formation; 
(3) provide that a standardized form shall be 
made available to law enforcement agencies for the 
submission of collected data to the Department of 
Justice; 
(4) provide that law enforcement agencies shall 
compile data on the standardized form made avail-
able under paragraph (3), and submit the form to 
the Civil Rights Division and the Department of 
Justice Bureau of Justice Statistics; 
(5) provide that law enforcement agencies shall 
maintain all data collected under this Act for not 
less than 4 years; 
(6) include guidelines for setting comparative 
benchmarks, consistent with best practices, against 
which collected data shall be measured; 
(7) provide that the Department of Justice Bu-
reau of Justice Statistics shall— 
(A) analyze the data for any statistically 
significant disparities, including— 
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(i) disparities in the percentage of 
drivers or pedestrians stopped relative to 
the proportion of the population passing 
through the neighborhood; 
(ii) disparities in the hit rate; and 
(iii) disparities in the frequency of 
searches performed on racial or ethnic mi-
nority drivers and the frequency of 
searches performed on non-minority driv-
ers; and 
(B) not later than 3 years after the date 
of enactment of this Act, and annually there-
after— 
(i) prepare a report regarding the 
findings of the analysis conducted under 
subparagraph (A); 
(ii) provide such report to Congress; 
and 
(iii) make such report available to the 
public, including on a website of the De-
partment of Justice; and 
(8) protect the privacy of individuals whose 
data is collected by— 
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(A) limiting the use of the data collected 
under this Act to the purposes set forth in this 
Act; 
(B) except as otherwise provided in this 
Act, limiting access to the data collected under 
this Act to those Federal, State, local, or tribal 
employees or agents who require such access in 
order to fulfill the purposes for the data set 
forth in this Act; 
(C) requiring contractors or other non-gov-
ernmental agents who are permitted access to 
the data collected under this Act to sign use 
agreements incorporating the use and disclosure 
restrictions set forth in subparagraph (A); and 
(D) requiring the maintenance of adequate 
security measures to prevent unauthorized ac-
cess to the data collected under this Act. 
ø(c) Whenever a State government or unit of local 
government, or any officer or employee thereof acting in 
an official capacity, has engaged or is engaging in any act 
or practice prohibited by this section, a civil action may 
be instituted after exhaustion of administrative remedies 
by the person aggrieved in an appropriate United States 
district court or in a State court of general jurisdiction. 
Administrative remedies shall be deemed to be exhausted 
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upon the expiration of sixty days after the date the admin-
istrative complaint was filed with the Office of Justice 
Programs or any other administrative enforcement agen-
cy, unless within such period there has been a determina-
tion by the Office of Justice Programs or the agency on 
the merits of the complaint, in which case such remedies 
shall be deemed exhausted at the time the determination 
becomes final.¿ 
ø(d) In any civil action brought by a private person 
to enforce compliance with any provision of this sub-
section, the court may grant to a prevailing plaintiff rea-
sonable attorney fees, unless the court determines that the 
lawsuit is frivolous, vexatious, brought for harassment 
purposes, or brought principally for the purpose of gaining 
attorney fees.¿ 
ø(e) In any action instituted under this section to en-
force compliance with paragraph (1), the Attorney Gen-
eral, or a specially designated assistant for or in the name 
of the United States, may intervene upon timely applica-
tion if he certifies that the action is of general public im-
portance. In such action the United States shall be enti-
tled to the same relief as if it had instituted the action.¿ 
SEC. 1011. PUBLICATION OF DATA. 
The Department of Justice Bureau of Justice Statis-
tics shall provide to Congress and make available to the 
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public, together with each annual report described in sec-
tion 401, the data collected pursuant to this Act, excluding 
any personally identifiable information described in section 
403. 
SEC. 1012. LIMITATIONS ON PUBLICATION OF DATA. 
The name or identifying information of a law enforce-
ment officer, complainant, or any other individual involved 
in any activity for which data is collected and compiled 
under this Act shall not be— 
(1) released to the public; 
(2) disclosed to any person, except for— 
(A) such disclosures as are necessary to 
comply with this Act; 
(B) disclosures of information regarding a 
particular person to that person; or 
(C) disclosures pursuant to litigation; or 
(3) subject to disclosure under section 552 of 
title 5, United States Code (commonly known as the 
Freedom of Information Act), except for disclosures 
of information regarding a particular person to that 
person. 
SEC. 1013. ATTORNEY GENERAL TO ISSUE REGULATIONS 
AND REPORTS. 
(a) REGULATIONS.—In addition to the regulations re-
quired under sections 303 and 401, the Attorney General 
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shall issue such other regulations as the Attorney General 
determines are necessary to implement this Act. 
(b) REPORTS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, and annually 
thereafter, the Attorney General shall submit to 
Congress a report on racial profiling by law enforce-
ment agencies. 
(2) SCOPE.—Each report submitted under 
paragraph (1) shall include— 
(A) a summary of data collected under sec-
tions 201(b)(3) and 301(b)(3) and from any 
other reliable source of information regarding 
racial profiling in the United States; 
(B) a discussion of the findings in the 
most recent report prepared by the Department 
of Justice Bureau of Justice Statistics under 
section 401(b)(7); 
(C) the status of the adoption and imple-
mentation of policies and procedures by Federal 
law enforcement agencies under section 201 
and by the State and local law enforcement 
agencies under sections 301 and 302; and 
(D) a description of any other policies and 
procedures that the Attorney General believes 
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would facilitate the elimination of racial 
profiling. 
ø(c) Whenever a State government or unit of local 
government, or any officer or employee thereof acting in 
an official capacity, has engaged or is engaging in any act 
or practice prohibited by this section, a civil action may 
be instituted after exhaustion of administrative remedies 
by the person aggrieved in an appropriate United States 
district court or in a State court of general jurisdiction. 
Administrative remedies shall be deemed to be exhausted 
upon the expiration of sixty days after the date the admin-
istrative complaint was filed with the Office of Justice 
Programs or any other administrative enforcement agen-
cy, unless within such period there has been a determina-
tion by the Office of Justice Programs or the agency on 
the merits of the complaint, in which case such remedies 
shall be deemed exhausted at the time the determination 
becomes final.¿ 
ø(d) In any civil action brought by a private person 
to enforce compliance with any provision of this sub-
section, the court may grant to a prevailing plaintiff rea-
sonable attorney fees, unless the court determines that the 
lawsuit is frivolous, vexatious, brought for harassment 
purposes, or brought principally for the purpose of gaining 
attorney fees.¿ 
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ø(e) In any action instituted under this section to en-
force compliance with paragraph (1), the Attorney Gen-
eral, or a specially designated assistant for or in the name 
of the United States, may intervene upon timely applica-
tion if he certifies that the action is of general public im-
portance. In such action the United States shall be enti-
tled to the same relief as if it had instituted the action.¿ 
SEC. 1014. SEVERABILITY. 
If any provision of this Act, or the application of such 
a provision to any person or circumstance, is held to be 
unconstitutional, the remainder of this Act and the appli-
cation of the remaining provisions of this Act to any per-
son or circumstance shall not be affected thereby. 
SEC. 1015. SAVINGS CLAUSE. 
Nothing in this Act shall be construed— 
(1) to limit legal or administrative remedies 
under section 1979 of the Revised Statutes of the 
United States (42 U.S.C. 1983), section 210401 of 
the Violent Crime Control and Law Enforcement 
Act of 1994 (42 U.S.C. 14141), the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 
3701 et seq.), or title VI of the Civil Rights Act of 
1964 (42 U.S.C. 2000d et seq.); 
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(2) to affect any Federal, State, or tribal law 
that applies to an Indian tribe because of the polit-
ical status of the tribe; or 
(3) to waive the sovereign immunity of an In-
dian tribe without the consent of the tribe. 
SEC. 1016. BODY-WORN CAMERA GRANTS. 
Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 
by adding at the end the following: 
‘‘PART MM—BODY-WORN CAMERA GRANTS 
‘‘SEC. 3031. IN GENERAL. 
‘‘From amounts made available to carry out this part, 
the Director of the Bureau of Justice Assistance may 
make grants to States, units of local government, and In-
dian tribes for the acquisition, operation, and maintenance 
of body-worn cameras for law enforcement officers. In 
making such grants, the Director shall assess the program 
proposed by the applicant for the elements described in 
section 3033. 
‘‘SEC. 3032. USES OF FUNDS. 
‘‘Grants awarded under this section shall be— 
‘‘(1) distributed directly to the State, unit of 
local government, or Indian tribe; and 
‘‘(2) used for the program described under sec-
tion 3033. 
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‘‘(A) to the general public; 
‘‘(B) to victims of crimes; and 
‘‘(C) for internal use by the law enforce-
ment agency; and 
‘‘(8) has in place guidelines and training 
courses for law enforcement officers relating to the 
proper management and use of body-worn cameras. 
‘‘SEC. 3034. ALLOCATION OF FUNDS. 
‘‘Funds available under this part shall be awarded to 
each qualifying unit of local government with fewer than 
100,000 residents. Any remaining funds available under 
this part shall be awarded to other qualifying applicants 
on a pro rata basis. 
‘‘SEC. 3035. MATCHING REQUIREMENTS. 
‘‘(a) FEDERAL SHARE.—The portion of the costs of 
a program provided by a grant under subsection (a) may 
not exceed 50 percent. Any funds appropriated by Con-
gress for the activities of any agency of an Indian tribal 
government or the Bureau of Indian Affairs performing 
law enforcement functions on any Indian lands may be 
used to provide the non-Federal share of a matching re-
quirement funded under this subsection. 
‘‘(b) NON-FEDERAL SHARE.—The non-Federal share 
of payments made under this part may be made in cash 
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or in-kind fairly evaluated, including planned equipment 
or services.’’. 
SEC. 1017. STUDY ON THE COST OF THE PURCHASE AND 
USE OF BODY-WORN CAMERAS BY LAW EN-
FORCEMENT AGENCIES. 
(a) STUDY.—The Attorney General shall conduct a 
study on the cost to State and local law enforcement agen-
cies of purchasing and using body-worn cameras or other 
similar cameras, including gun-mounted cameras. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Attorney General shall 
submit to Congress a report that contains the results of 
the study conducted under subsection (a). 
SEC. 1018. ESTABLISHMENT OF TASK FORCE ON COMMU-
NITY POLICING AND BODY CAMERA AC-
COUNTABILITY. 
There shall be established in the Department of Jus-
tice a task force to do the following: 
(1) The task force shall be created to provide 
recommendations on community policing, including 
best practices for creating accountability and trans-
parency. 
(2) Not later than one year after the date of 
the enactment of this Act, the task force shall pro-
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vide a report to the Congress, which shall include 
the recommendations under paragraph (1). 
(3) Membership shall include representatives of 
civil rights organizations, Federal, State, and local 
law enforcement personnel, and community policing 
experts. 
(4) The task force shall develop proper body- 
worn camera training protocol. 
(5) The task force shall study the impact that 
citizen review boards could have on investigating 
cases of alleged police misconduct. 
(6) Not later than 1 year after implementation 
of the body camera requirement policy under section 
3033 of title I of the Omnibus Crime Control Act of 
1968, the task force shall conduct a survey to deter-
mine best practices and effectiveness of the policy 
with findings to be reported back to the Congress. 
SEC. 1019. GAO REPORT ON PENTAGON’S 1033 PROGRAM. 
Not later than 90 days after the date of enactment 
of this Act, the Comptroller General of the United States 
shall submit to the Congress a report on the Department 
of Defense Excess Personal Property Program established 
pursuant to section 1033 the National Defense Authoriza-
tion Act for Fiscal Year 1997 (Public Law 104–201), that 
includes information on— 
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(1) which jurisdictions equipment is sent to; 
(2) the value of equipment sent to each jurisdic-
tion; 
(3) the level of training provided to officers; 
and 
(4) how the equipment is used in the jurisdic-
tion. 
SEC. 1020. FINDINGS. 
Congress finds the following: 
(1) Body cameras employed in police actions 
have led to increases in public trust and decreases 
in police violence. 
(2) Employing body cameras in police actions 
makes enforcement actions safer for law enforce-
ment officers and members of the general public 
alike while restoring trust and accountability in the 
process. 
SEC. 1021. USE OF BODY CAMERAS BY CERTAIN ICE OFFI-
CERS. 
(a) IN GENERAL.—Not later than 18 months after 
the date of the enactment of this Act, the Director of U.S. 
Immigration and Customs Enforcement (ICE) shall en-
sure that all deportation officers of Enforcement and Re-
moval Operations of ICE wear body cameras when such 
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officers are engaged in field operations or removal pro-
ceedings. 
(b) IMPLEMENTATION.—To carry out subsection (a), 
the Director of ICE shall, not later than 12 months after 
the date of the enactment of this Act— 
(1) establish policies and procedures for when 
deportation officers of Enforcement and Removal 
Operations of ICE should wear, activate, and deacti-
vate body cameras; 
(2) develop standards for the effective place-
ment of such cameras; 
(3) publish and implement best practices for re-
ceiving and storing accurate recordings from such 
cameras; 
(4) establish guidelines and training for such 
officers on the proper management and use of such 
cameras; and 
(5) establish policies for the availability of such 
recordings to the subjects of removal proceedings, 
victims of crime, internal use by law enforcement of-
ficials, and the general public. 
SEC. 1022. RECORDINGS TO BE PROVIDED TO CERTAIN 
PERSONS. 
A recording made by a body camera worn by a depor-
tation officer during an enforcement action shall be pro-
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vided, in the case of any administrative proceeding (in-
cluding a removal proceeding), civil action, or criminal 
prosecution to which such recording pertains, to each 
party to the proceeding, action, or prosecution. 
SEC. 1023. WITHHOLDING OF CERTAIN FUNDS. 
Any funds necessary to purchase, store, use, or main-
tain body cameras described in this Act shall be derived 
from funds made available to purchase new weapons for 
ICE officials. 
SEC. 1024. ACCREDITATION OF LAW ENFORCEMENT AGEN-
CIES. 
(a) STANDARDS.— 
(1) INITIAL ANALYSIS.—The Attorney General 
shall perform an initial analysis of existing accredi-
tation standards and methodology developed by law 
enforcement accreditation organizations nationwide, 
including national, State, regional, and tribal accred-
itation organizations. 
(2) IN GENERAL.—The Attorney General shall 
recommend additional areas for the development of 
national standards for the accreditation of law en-
forcement agencies in consultation with existing law 
enforcement accreditation organizations, professional 
law enforcement associations, labor organizations, 
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community-based organizations, and professional ci-
vilian oversight organizations. 
(3) DEVELOPMENT OF UNIFORM STANDARDS.— 
After completion of the initial review and analysis 
under paragraph (2), the Attorney General shall rec-
ommend, in consultation with such organizations, 
the adoption of additional standards that will result 
in greater community accountability of law enforce-
ment agencies and an increased focus on policing 
with a guardian mentality, including standards relat-
ing to early warning systems and related interven-
tion programs, use of force procedures, civilian re-
view procedures, traffic and pedestrian stop and 
search procedures, data collection and transparency, 
administrative due process requirements, video moni-
toring technology, juvenile justice and school safety, 
and training. 
(4) CONTINUING
ACCREDITATION
PROCESS.— 
The Attorney General shall adopt policies and proce-
dures to partner with law enforcement accreditation 
organizations, professional law enforcement associa-
tions, labor organizations, community-based organi-
zations, and professional civilian oversight organiza-
tions to continue the development of further accredi-
tation standards consistent with paragraph (2) and 
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to encourage the pursuit of accreditation of Federal, 
State, local, and tribal law enforcement agencies by 
certified law enforcement accreditation organiza-
tions. 
(b) ACCREDITATION GRANTS.—The Attorney Gen-
eral may make funds available to State, local, tribal law 
enforcement agencies, and campus public safety depart-
ments under this title to assist in gaining or maintaining 
accreditation from certified law enforcement accreditation 
organizations. 
SEC. 1025. DEFINITIONS. 
In this title: 
(1) The term ‘‘law enforcement accreditation 
organization’’ means a professional law enforcement 
organization involved in the development of stand-
ards of accreditation for law enforcement agencies at 
the national, State, regional, or tribal level (such as 
the Commission on Accreditation for Law Enforce-
ment Agencies (CALEA)). 
(2) The term ‘‘law enforcement agency’’ means 
a State, local, Indian tribal, or campus public agency 
engaged in the prevention, detection, or investiga-
tion, prosecution, or adjudication of violations of 
criminal laws. 
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(3) The term ‘‘community-based organization’’ 
means a grassroots organization that monitors the 
issue of police misconduct and that has a national 
presence and membership (such as the National As-
sociation for the Advancement of Colored People 
(NAACP), the American Civil Liberties Union 
(ACLU), the National Council of La Raza, the Na-
tional Urban League, the National Congress of 
American Indians, and the National Asian Pacific 
American Legal Consortium (NAPALC)). 
(4) The term ‘‘professional law enforcement as-
sociation’’ means a law enforcement membership as-
sociation that works for the needs of Federal, State, 
local, or Indian tribal law enforcement groups and 
with the civilian community on matters of common 
interest (such as the Hispanic American Police Com-
mand Officers Association (HAPCOA), National 
Asian Pacific Officers Association (NAPOA), Na-
tional Black Police Association (NBPA), National 
Latino Peace Officers Association (NLPOA), Na-
tional Organization of Black Law Enforcement Ex-
ecutives (NOBLE), Women in Law Enforcement, 
Native American Law Enforcement Association 
(NALEA), International Association of Chiefs of Po-
lice (IACP), National Sheriffs’ Association (NSA), 
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Fraternal Order of Police (FOP), and National As-
sociation of School Resource Officers). 
(5) The term ‘‘professional civilian oversight or-
ganization’’ means a membership organization 
formed to address and advance the cause of civilian 
oversight of law enforcement and whose members 
are from Federal, State, regional, local, or tribal or-
ganizations that review issues or complaints against 
law enforcement entities or individuals (such as the 
National Association for Civilian Oversight of Law 
Enforcement (NACOLE)). 
SEC. 1026. LAW ENFORCEMENT GRANTS. 
(a) GRANT AUTHORIZATION.—The Attorney General 
may make grants to States, units of local government, In-
dian tribal governments, or other public and private enti-
ties, or to any multijurisdictional or regional consortia of 
such entities, to study and implement effective manage-
ment, training, recruiting, hiring, and oversight standards 
and programs to promote effective community and prob-
lem solving strategies for law enforcement agencies. 
(b) PROJECT GRANTS TO STUDY LAW ENFORCE-
MENT AGENCY MANAGEMENT.—Grants made under sub-
section (a) shall be used for the study of management and 
operations standards for law enforcement agencies, includ-
ing standards relating to administrative due process, resi-
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dency requirements, compensation and benefits, use of 
force, racial profiling, early warning systems, juvenile jus-
tice, school safety, civilian review boards or analogous pro-
cedures, or research into the effectiveness of existing pro-
grams, projects, or other activities designed to address 
misconduct by law enforcement officers. 
(c) PROJECT GRANTS TO DEVELOP PILOT PRO-
GRAMS.—Grants made under subsection (a) shall also be 
used to develop pilot programs and implement effective 
standards and programs in the areas of training, hiring 
and recruitment, and oversight that are designed to im-
prove management and address misconduct by law en-
forcement officers. These programs shall include the fol-
lowing characteristics: 
(1) 
TRAINING.—Law 
enforcement 
policies, 
practices, and procedures addressing training and 
instruction to comply with accreditation standards in 
the areas of— 
(A) the use of lethal, nonlethal force, and 
de-escalation; 
(B) investigation of misconduct and prac-
tices and procedures for referral to prosecuting 
authorities use of deadly force or racial 
profiling; 
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(C) disproportionate minority contact by 
law enforcement; 
(D) tactical and defensive strategy; 
(E) arrests, searches, and restraint; 
(F) professional verbal communications 
with civilians; 
(G) interactions with youth, the mentally 
ill, and limited English proficiency, multi-cul-
tural communities; 
(H) proper traffic, pedestrian, and other 
enforcement stops; and 
(I) community relations and bias aware-
ness. 
(2) RECRUITMENT, HIRING, RETENTION, AND 
PROMOTION OF DIVERSE LAW ENFORCEMENT OFFI-
CERS.—Policies, procedures, and practices for— 
(A) the hiring and recruitment of diverse 
law enforcement officers representative of the 
communities they serve; 
(B) the development of selection, pro-
motion, educational, background, and psycho-
logical standards that comport with title VII of 
the Civil Rights Act (42 U.S.C. 2000e et seq.); 
and 
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(C) initiatives to encourage residency in 
the jurisdiction served by the law enforcement 
agency and continuing education. 
(3) OVERSIGHT.—Complaint procedures, in-
cluding the establishment of civilian review boards or 
analogous procedures for jurisdictions across a range 
of sizes and agency configurations, complaint proce-
dures by community-based organizations, early 
warning systems and related intervention programs, 
video monitoring technology, data collection and 
transparency, and administrative due process re-
quirements inherent to complaint procedures for 
members of the public and law enforcement. 
(4) JUVENILE JUSTICE AND SCHOOL SAFETY.— 
The development of uniform standards on juvenile 
justice and school safety, including standards relat-
ing to interaction and communication with juveniles, 
physical contact, use of lethal and nonlethal force, 
notification of a parent or guardian, interviews and 
questioning, custodial interrogation, audio and video 
recording, conditions of custody, alternatives to ar-
rest, referral to child protection agencies, and re-
moval from school grounds or campus. 
(5) VICTIM SERVICES.—Counseling services, in-
cluding psychological counseling, for individuals and 
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communities impacted by law enforcement mis-
conduct. 
(d) AMOUNTS.—Of the amounts appropriated for the 
purposes of this title— 
(1) 4 percent shall be available for grants to In-
dian tribal governments; 
(2) 20 percent shall be available for grants to 
community-based organizations; 
(3) 10 percent shall be available for grants to 
professional law enforcement associations; and 
(4) the remaining funds shall be available for 
grants to applicants in each State in an amount that 
bears the same ratio to the amount of remaining 
funds as the population of the State bears to the 
population of all of the States. 
(e) TECHNICAL ASSISTANCE.— 
(1) The Attorney General may provide technical 
assistance to States, units of local government, In-
dian tribal governments, and to other public and pri-
vate entities, in furtherance of the purposes of this 
section. 
(2) The technical assistance provided by the At-
torney General may include the development of mod-
els for State, local, and Indian tribal governments, 
and other public and private entities, to reduce law 
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enforcement misconduct. Any development of such 
models shall be in consultation with community- 
based organizations. 
(f) USE OF COMPONENTS.—The Attorney General 
may use any component or components of the Department 
of Justice in carrying out this title. 
(g) MATCHING FUNDS.— 
(1) IN GENERAL.—Except in the case of an In-
dian tribal government or nonprofit community- 
based organization, the portion of the costs of a pro-
gram, project, or activity provided by a grant under 
subsection (a) may not exceed 75 percent. 
(2) WAIVERS.—The Attorney General may 
waive, wholly or in part, the requirement under 
paragraph (1) of a non-Federal contribution to the 
costs of a program, project, or activity. 
(h) APPLICATIONS.— 
(1) APPLICATION.—An application for a grant 
under this title shall be submitted in such form, and 
contain such information, as the Attorney General 
may prescribe by guidelines. 
(2) PRIORITY.—For law enforcement agency 
applications, priority shall be given to applicants 
seeking or having been awarded accreditation from 
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national law enforcement accreditation organizations 
as defined in section 102. 
(3) APPROVAL.—A grant may not be made 
under this title unless an application has been sub-
mitted to, and approved by, the Attorney General. 
(i) PERFORMANCE EVALUATION.— 
(1) MONITORING
COMPONENTS.—Each pro-
gram, project, or activity funded under this title 
shall contain a monitoring component, which shall be 
developed pursuant to guidelines established by the 
Attorney General. Such monitoring component shall 
include systematic identification and collection of 
data about activities, accomplishments, and pro-
grams throughout the life of the program, project, or 
activity and presentation of such data in a usable 
form. 
(2) EVALUATION COMPONENTS.—Selected grant 
recipients shall be evaluated on the local level or as 
part of a national evaluation, pursuant to guidelines 
established by the Attorney General. Such evalua-
tions may include independent audits of police be-
havior and other assessments of individual program 
implementations. In selected jurisdictions that are 
able to support outcome evaluations, the effective-
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ness of funded programs, projects, and activities 
may be required. 
(3) PERIODIC REVIEW AND REPORTS.—The At-
torney General may require a grant recipient to sub-
mit biannually to the Attorney General the results of 
the monitoring and evaluations required under para-
graphs (1) and (2) and such other data and infor-
mation as the Attorney General deems reasonably 
necessary. 
(j) REVOCATION OR SUSPENSION OF FUNDING.—If 
the Attorney General determines, as a result of monitoring 
under subsection (i) or otherwise, that a grant recipient 
under this title is not in substantial compliance with the 
terms and requirements of the approved grant application 
submitted under subsection (h), the Attorney General may 
revoke or suspend funding of that grant, in whole or in 
part. 
(k) DEFINITIONS.—In this title: 
(1) The terms ‘‘law enforcement accreditation 
organization’’, ‘‘law enforcement agency’’, ‘‘commu-
nity-based organization’’, and ‘‘professional law en-
forcement association’’ have the meaning given such 
terms in section 102 of this Act. 
(2) The term ‘‘private entity’’ means a private 
security organization engaged in the prevention, de-
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tection, or investigation of violations of criminal laws 
and/or organizational policy (such as privately oper-
ated campus public safety units or department store 
security). 
(3) The term ‘‘civilian review board’’ means an 
administrative entity that— 
(A) is independent and adequately funded; 
(B) has investigatory authority and staff 
subpoena power; 
(C) has representative community diver-
sity; 
(D) has policymaking authority; 
(E) provides advocates for civilian com-
plainants; 
(F) has mandatory police power to conduct 
hearings; and 
(G) conducts statistical studies on pre-
vailing complaint trends. 
SEC. 1027. ATTORNEY GENERAL TO CONDUCT STUDY. 
(a) STUDY.— 
(1) IN GENERAL.—The Attorney General shall 
conduct a nationwide study of the prevalence and ef-
fect of any law, rule, or procedure that allows a law 
enforcement officer to delay the response to ques-
tions posed by a local internal affairs officer, or re-
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view board on the investigative integrity and pros-
ecution of law enforcement misconduct, including 
preinterview warnings and termination policies. 
(2) INITIAL ANALYSIS.—The Attorney General 
shall perform an initial analysis of existing State 
statutes to determine whether, at a threshold level, 
the effect of this type of rule or procedure raises 
material investigatory issues that could impair or 
hinder a prompt and thorough investigation of pos-
sible misconduct, including criminal conduct, that 
would justify a wider inquiry. 
(3) DATA
COLLECTION.—After completion of 
the initial analysis under paragraph (2), and consid-
ering material investigatory issues, the Attorney 
General shall gather additional data nationwide on 
similar rules from a representative and statistically 
significant sample of jurisdictions, to determine 
whether such rules and procedures raise such mate-
rial investigatory issues. 
(b) REPORTING.— 
(1) INITIAL
ANALYSIS.—Not later than 120 
days after the date of the enactment of this title, the 
Attorney General shall submit to Congress a report 
containing the results of its initial analysis, make 
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such report available to the public, and identify the 
jurisdictions for which the study is to be conducted. 
(2) DATA COLLECTED.—Not later than 2 years 
after the date of the enactment of this title, the At-
torney General shall submit to Congress a report 
containing the results of the data collected under 
this title and cause a copy of such report to be pub-
lished in the Federal Register. 
SEC. 1028. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for fiscal 
year 2016, in addition to any other sums authorized to 
be appropriated for this purpose, $5,000,000 for addi-
tional expenses related to the enforcement of section 
210401 of the Violent Crime Control and Law Enforce-
ment Act of 1994 (42 U.S.C. 14141), criminal enforce-
ment (18 U.S.C. 241 and 242), and administrative en-
forcement by the Department of Justice, and $3,300,000 
for additional expenses related to conflict resolution by the 
Department of Justice’s Community Relations Service. 
SEC. 1029. NATIONAL TASK FORCE ON LAW ENFORCEMENT 
OVERSIGHT. 
(a) ESTABLISHMENT.—There is established within 
the Department of Justice a task force to be known as 
the Task Force on Law Enforcement Oversight (herein-
after in this title referred to as the ‘‘Task Force’’). 
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(b) COMPOSITION.—The Task Force shall be com-
posed of individuals appointed by the Attorney General, 
who shall appoint at least 1 individual from each of the 
following: 
(1) the Special Litigation Section of the Civil 
Rights Division; 
(2) the Criminal Section of the Civil Rights Di-
vision; 
(3) the Federal Coordination and Compliance 
Section of the Civil Rights Division; 
(4) the Employment Litigation Section of the 
Civil Rights Division; 
(5) the Disability Rights Section of the Civil 
Rights Division; 
(6) the Office of Justice Programs; 
(7) the Office of Community Oriented Policing 
Services (COPS); 
(8) the Corruption/Civil Rights Section of the 
Federal Bureau of Investigation; 
(9) the Community Relations Service; 
(10) Office of Tribal Justice; and 
(11) the unit within the Department of Justice 
assigned as a liaison for civilian review boards. 
(c) POWERS AND DUTIES.—The Task Force shall 
consult with professional law enforcement associations (as 
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defined in section 102), labor organizations, and commu-
nity-based organizations (as defined in section 102) to co-
ordinate the process of the detection and referral of com-
plaints regarding incidents of alleged law enforcement 
misconduct. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $5,000,000 for each fiscal 
year to carry out this section. 
SEC. 1030. FEDERAL DATA COLLECTION ON LAW ENFORCE-
MENT PRACTICES. 
(a) AGENCIES TO REPORT.—Each Federal and State 
and local law enforcement agency shall report data of the 
practices of that agency to the Attorney General. 
(b) BREAKDOWN OF INFORMATION BY RACE, ETH-
NICITY, AND GENDER.—For each practice enumerated in 
subsection (c), the reporting law enforcement agency shall 
provide a breakdown of the numbers of incidents of that 
practice by race, ethnicity, age, and gender of the officers 
and employees of the agency and of members of the public 
involved in the practice. 
(c) PRACTICES TO BE REPORTED ON.—The prac-
tices to be reported on are the following: 
(1) Traffic violation stops. 
(2) Pedestrian stops. 
(3) Frisk and body searches. 
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(4) Instances where officers or employees of the 
law enforcement agency used deadly force, includ-
ing— 
(A) a description of when and where dead-
ly force was used, and whether it resulted in 
death; 
(B) a description of deadly force directed 
against an officer or employee and whether it 
resulted in injury or death; and 
(C) the law enforcement agency’s justifica-
tion for use of deadly force, if the agency deter-
mines it was justified. 
(d) RETENTION OF DATA.—Each law enforcement 
agency required to report data under this section shall 
maintain records relating to any matter so reportable for 
not less than 4 years after those records are created. 
(e) PENALTY FOR STATES FAILING TO REPORT AS 
REQUIRED.— 
(1) IN GENERAL.—For any fiscal year, a State 
shall not receive any amount that would otherwise 
be allocated to that State under section 505(a) of 
the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3755(a)), or any amount from any 
other law enforcement assistance program of the De-
partment of Justice, unless the State has ensured, 
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to the satisfaction of the Attorney General, that 
each State and local law enforcement agency is in 
substantial compliance with the requirements of this 
section. 
(2) REALLOCATION.—Amounts not allocated by 
reason of this subsection shall be reallocated to 
States not disqualified by failure to comply with this 
section. 
(f) REGULATIONS.—The Attorney General shall pre-
scribe regulations to carry out this section. 
SEC. 1031. MEDALLIONS FOR FALLEN LAW ENFORCEMENT 
OFFICERS. 
(a) IN GENERAL.—The Attorney General, in con-
sultation with the National Law Enforcement Officers Me-
morial Fund, shall create and provide a distinctive medal-
lion to be issued to the survivors of law enforcement offi-
cers— 
(1) killed in the line of duty; and 
(2) memorialized on the wall of the National 
Law Enforcement Officers Memorial. 
(b) DISTRIBUTION OF MEDALLIONS.—The Attorney 
General shall make arrangements with the National Law 
Enforcement Officers Memorial Fund to distribute the 
medallions to appropriate survivors of each law enforce-
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ment officer memorialized on the wall of the National Law 
Enforcement Officers Memorial. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as may be necessary. 
SEC. 1032. TRAINING ON DE-ESCALATION FOR LAW EN-
FORCEMENT. 
(a) TRAINING REQUIREMENT.—For each fiscal year 
after the expiration of the period specified in subsection 
(d) in which a State or unit of local government receives 
a grant under part E of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3750 et 
seq.), the State or unit of local government shall require 
that all individuals enrolled in an academy of a law en-
forcement agency of the State or unit of local government 
and all law enforcement officers of the State or unit of 
local government fulfill a training session on de-escalation 
techniques each fiscal year, including— 
(1) the use of alternative non-lethal methods of 
applying force and techniques that prevent the offi-
cer from escalating any situation where force is like-
ly to be used; 
(2) verbal and physical tactics to minimize the 
need for the use of force, with an emphasis on com-
munication, negotiation, de-escalation techniques, 
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providing the time needed to resolve the incident 
safely for everyone; 
(3) the use of the lowest level of force that is 
a possible and safe response to an identified threat, 
then re-evaluating the threat as it progresses; 
(4) techniques that provide all officers with 
awareness and recognition of mental health and sub-
stance abuse issues with an emphasis on commu-
nication strategies, training officers simultaneously 
in teams on de-escalation and use of force to im-
prove group dynamics and diminish excessive use of 
force during critical incidents; 
(5) principles of using distance, cover, and time 
when approaching and managing critical incidents, 
and elimination of the use of concepts like the ‘‘21- 
foot rule’’ and ‘‘drawing a line in the sand’’ in favor 
of using distance and cover to create a ‘‘reaction 
gap’’; 
(6) crisis intervention strategies to appro-
priately identify and respond to individuals suffering 
from mental health or substance abuse issues, with 
an emphasis on de-escalation tactics and promoting 
effective communication; and 
(7) other evidence-based approaches, found to 
be appropriate by the Attorney General, that en-
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hance de-escalation skills and tactics, such as the 
Critical Decision-Making Model and scenario-based 
trainings. 
In the case of individuals attending an academy, such 
training session shall be for such an appropriate amount 
of time as to ensure academy participants receive effective 
training under this subsection and in the case of all other 
law enforcement officers, the training session shall be for 
an appropriate amount of time as to ensure officers receive 
effective training under this subsection. The State or unit 
of local government shall certify to the Attorney General 
of the United States that such training sessions have been 
completed. 
(b) 
SCENARIO-BASED
TRAINING.—Training 
de-
scribed in subsection (a) shall be conducted with an em-
phasis on training that employs theories of de-escalation 
techniques and applies them to practical on-the-job sce-
narios that regularly face law enforcement officers. 
(c) CROSS-TRAINING.—To the extent practicable, 
principles of training as described in subsection (a) shall 
be applied to other training conducted at the academy. 
(d) COMPLIANCE AND INELIGIBILITY.— 
(1) COMPLIANCE DATE.—Beginning not later 
than 1 year after the date of this Act, each State 
or unit of local government receiving a grant shall 
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comply with subsection (a), except that the Attorney 
General may grant an additional 6 months to a 
State or unit of local government that is making 
good faith efforts to comply with such subsection. 
(2) INELIGIBILITY FOR FUNDS.—For any fiscal 
year after the expiration of the period specified in 
paragraph (1), a State or unit of local government 
that fails to comply with subsection (a), shall, at the 
discretion of the Attorney General, be subject to not 
more than a 20-percent reduction of the funds that 
would otherwise be allocated for that fiscal year to 
the State or 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.), whether characterized as the Edward Byrne 
Memorial State and Local Law Enforcement Assist-
ance Programs, the Local Government Law Enforce-
ment Block Grants Program, the Edward Byrne Me-
morial Justice Assistance Grant Program, or other-
wise. 
(e) REALLOCATION.—Amounts not allocated under a 
program referred to in subsection (b)(2) to a State or unit 
of local government for failure to fully comply with sub-
section (a) shall be reallocated under that program to 
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States and units of local government that have not failed 
to comply with such subsection. 
(f) EVIDENCE-BASED PRACTICES.—For purposes of 
subsection (a)(4), the Attorney General shall maintain a 
list of evidence-based practices it determines is successful 
in enhancing de-escalation skills of law enforcement offi-
cers. The Attorney General shall regularly update this list 
as needed and shall publish the list to the public on a year-
ly basis. 
SEC. 1033. DATA COLLECTION. 
The Attorney General shall collect data on efforts un-
dertaken by Federal fund recipients to enhance de-esca-
lation training for law enforcement officers. 
SEC. 1034. AFFIRMATIVE DUTY TO USE DE-ESCALATION 
TACTICS WHEN AVAILABLE. 
(a) IN GENERAL.—In the case of a State or unit of 
local government that received a grant award under 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.), 
if that State or unit of local government fails by the end 
of a fiscal year to enact or have in effect laws, policies, 
or procedures that sets forth an affirmative duty on a law 
enforcement officer of that State or unit of local govern-
ment, whenever possible, to employ de-escalation tech-
niques in which the officer has received training required 
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under section 2(a), the Attorney General shall reduce the 
amount that would otherwise be awarded to that State or 
unit of local government under such grant program in the 
following fiscal year by 15 percent. 
(b) REALLOCATION.—Amounts not allocated under a 
program referred to in subsection (a) to a State or unit 
of local government for failure to be in compliance with 
this section shall be reallocated under that program to 
States and units of local government that are in compli-
ance with this section. 
SEC. 1035. ATTORNEY GENERAL GUIDANCE. 
Not later than 180 days after the date of enactment 
of this Act, the Attorney General shall issue guidance, for 
the benefit of States and units of local government, on 
compliance with the requirements of this Act. 
SEC. 1036. IN GENERAL. 
(a) TRAINING REQUIREMENT.—For each fiscal year 
after the expiration of the period specified in subsection 
(b) in which a State receives funds for a program referred 
to in subsection (c)(2), the State shall require that all indi-
viduals enrolled in an academy of a law enforcement agen-
cy of the State and all law enforcement officers of the 
State fulfill a training session on sensitivity each fiscal 
year, including training on ethnic and racial bias, cultural 
diversity, and police interaction with the disabled, men-
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tally ill, and new immigrants. In the case of individuals 
attending an academy, such training session shall be for 
8 hours, and in the case of all other law enforcement offi-
cers, the training session shall be for 4 hours. 
(b) COMPLIANCE AND INELIGIBILITY.— 
(1) COMPLIANCE DATE.—Each State shall have 
not more than 120 days, beginning on the date of 
enactment of this Act, to comply with subsection (a), 
except that— 
(A) the Attorney General may grant an ad-
ditional 120 days to a State that is making 
good faith efforts to comply with such sub-
section; and 
(B) the Attorney General shall waive the 
requirements of subsection (a) if compliance 
with such subsection by a State would be un-
constitutional under the constitution of such 
State. 
(2) INELIGIBILITY FOR FUNDS.—For any fiscal 
year after the expiration of the period specified in 
paragraph (1), a State that fails to comply with sub-
section (a), shall, at the discretion of the Attorney 
General, be subject to not more than a 20-percent 
reduction of the funds that would otherwise be allo-
cated for that fiscal year to the State under subpart 
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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.), whether characterized as the Edward Byrne 
Memorial State and Local Law Enforcement Assist-
ance Programs, the Local Government Law Enforce-
ment Block Grants Program, the Edward Byrne Me-
morial Justice Assistance Grant Program, or other-
wise. 
(c) REALLOCATION.—Amounts not allocated under a 
program referred to in subsection (b)(2) to a State for 
failure to fully comply with subsection (a) shall be reallo-
cated under that program to States that have not failed 
to comply with such subsection. 
SEC. 1037. FINDINGS. 
Congress finds the following: 
(1) According to the Equal Employment Oppor-
tunity Commission (EEOC) and the Census Bureau, 
which together provide detail on the racial composi-
tion of government workers in large American cities, 
in about two-thirds of the United States cities with 
the largest police forces, the majority of police offi-
cers commute to work from outside the city in which 
they work. 
(2) When officers live in the cities in which they 
work, it may reduce the carbon footprint by employ-
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ees in their journey to work, foster more employee 
concern in the affairs of their city, ensure manpower 
will be available in case of emergencies, generate ad-
ditional tax revenue for the city, and cut down on 
absenteeism and tardiness. 
(3) According to the President’s Task Force on 
21st Century Policing, recommendation 1.8 reads 
‘‘law enforcement agencies should strive to create a 
workforce that contains a broad range of diversity 
including race, gender, language, life experience, and 
cultural background to improve understanding and 
effectiveness in dealing with all communities.’’. 
(4) Additionally, the Fairness and Effectiveness 
in Policing: The Evidence states ‘‘A critical factor in 
managing bias is seeking candidates who are likely 
to police in an unbiased manner. Since people are 
less likely to have biases against groups with which 
they have had positive experiences, police depart-
ments should seek candidates who have had positive 
interactions with people of various cultures and 
backgrounds.’’. 
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SEC. 1038. USE OF COPS GRANT FUNDS TO HIRE LAW EN-
FORCEMENT OFFICERS WHO ARE RESIDENTS 
OF THE COMMUNITIES THEY SERVE. 
Section 1701(b) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796dd(b)) is amend-
ed— 
(1) in paragraph (17), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (18) as para-
graph (20); 
(3) in paragraph (20), as so redesignated, by 
striking ‘‘(17)’’ and inserting ‘‘(19)’’; and 
(4) by inserting after paragraph (17) the fol-
lowing: 
‘‘(18) to recruit, hire, promote, retain, develop, 
and train new, additional career law enforcement of-
ficers who are residents of the communities they 
serve; 
‘‘(19) to develop and publicly report strategies 
and timelines to recruit, hire, promote, retain, de-
velop, and train a diverse and inclusive law enforce-
ment workforce, consistent with merit system prin-
ciples and applicable law; and’’. 
SEC. 1039. DEFINITIONS. 
In this Act: 
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(1) 
BYRNE
GRANT
PROGRAM.—The 
term 
‘‘Byrne grant program’’ means any 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.), without regard to whether the 
funds are characterized as being made available 
under the Edward Byrne Memorial State and Local 
Law Enforcement Assistance Programs, the Local 
Government Law Enforcement Block Grants Pro-
gram, the Edward Byrne Memorial Justice Assist-
ance Grant Program, or otherwise. 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 901 of 
title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3791). 
(3) LAW ENFORCEMENT OFFICER.—The term 
‘‘law enforcement officer’’ means any officer, agent, 
or employee of a State, unit of local government, or 
Indian tribe authorized by law or by a government 
agency to engage in or supervise the prevention, de-
tection, or investigation of any violation of criminal 
law. 
(4) STATE.—The term ‘‘State’’ has the mean-
ing given the term in section 901 of title I of the 
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Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3791). 
(5) USE OF FORCE.—The term ‘‘use of force’’ 
includes the use of a firearm, Taser, explosive de-
vice, chemical agent (such as pepper spray), baton, 
impact projectile, blunt instrument, hand, fist, foot, 
canine, or vehicle against an individual. 
SEC. 1040. USE OF FORCE REPORTING. 
(a) REPORTING REQUIREMENTS.— 
(1) IN GENERAL.—Beginning in the first fiscal 
year beginning after the date of enactment of this 
Act and each fiscal year thereafter in which a State 
or Indian tribe receives funds under a Byrne grant 
program, the State or Indian tribe shall— 
(A) report to the Attorney General, on a 
quarterly basis and pursuant to guidelines es-
tablished by the Attorney General, information 
regarding— 
(i) any incident involving the shooting 
of a civilian by a law enforcement officer 
who is employed— 
(I) in the case of an Indian tribe, 
by the Indian tribe; or 
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(II) in the case of a State, by the 
State or by a unit of local government 
in the State; 
(ii) any incident involving the shooting 
of a law enforcement officer described in 
clause (i) by a civilian; and 
(iii) any incident in which use of force 
by or against a law enforcement officer de-
scribed in clause (i) occurs, which is not 
reported under clause (i) or (ii); 
(B) establish a system and a set of policies 
to ensure that all use of force incidents are re-
ported by law enforcement officers; and 
(C) submit to the Attorney General a plan 
for the collection of data required to be re-
ported under this section, including any modi-
fications to a previously submitted data collec-
tion plan. 
(2) REPORT INFORMATION REQUIRED.— 
(A) IN
GENERAL.—The report required 
under paragraph (1)(A) shall contain informa-
tion that includes, at a minimum— 
(i) the national origin, sex, race, eth-
nicity, age, physical disability, mental dis-
ability, English language proficiency, hous-
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ing status, and school status of each civil-
ian against whom a law enforcement offi-
cer used force; 
(ii) the date, time, and location, in-
cluding zip code, of the incident and 
whether the jurisdiction in which the inci-
dent occurred allows for the open-carry or 
concealed-carry of a firearm; 
(iii) whether the civilian was armed, 
and, if so, the type of weapon the civilian 
had; 
(iv) the type of force used against the 
officer, the civilian, or both, including the 
types of weapons used; 
(v) the reason force was used; 
(vi) a description of any injuries sus-
tained as a result of the incident; 
(vii) the number of officers involved in 
the incident; 
(viii) the number of civilians involved 
in the incident; and 
(ix) a brief description regarding the 
circumstances surrounding the incident, 
which shall include information on— 
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(I) the type of force used by all 
involved persons; 
(II) the legitimate police objective 
necessitating the use of force; 
(III) the resistance encountered 
by each law enforcement officer in-
volved in the incident; 
(IV) the efforts by law enforce-
ment officers to— 
(aa) de-escalate the situation 
in order to avoid the use of force; 
or 
(bb) minimize the level of 
force used; and 
(V) if applicable, the reason why 
efforts described in subclause (IV) 
were not attempted. 
(B) INCIDENTS REPORTED UNDER DEATH 
IN CUSTODY REPORTING ACT.—A State is not 
required to include in a report under subsection 
(a)(1) an incident reported by the State in ac-
cordance with section 20104(a)(2) of the Vio-
lent Crime Control and Law Enforcement Act 
of 1994 (42 U.S.C. 13704(a)(2)). 
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(3) AUDIT OF USE-OF-FORCE REPORTING.—Not 
later than 1 year after the date of enactment of this 
Act, and each year thereafter, each State and Indian 
tribe described in paragraph (1) shall— 
(A) conduct an audit of the use of force in-
cident reporting system required to be estab-
lished under paragraph (1)(B); and 
(B) submit a report to the Attorney Gen-
eral on the audit conducted under subpara-
graph (A). 
(4) COMPLIANCE PROCEDURE.—Prior to sub-
mitting a report under paragraph (1)(A), the State 
or Indian tribe submitting such report shall compare 
the information compiled to be reported pursuant to 
clause (i) of paragraph (1)(A) to open-source data 
records, and shall revise such report to include any 
incident determined to be missing from the report 
based on such comparison. Failure to comply with 
the procedures described in the previous sentence 
shall be considered a failure to comply with the re-
quirements of this section. 
(b) INELIGIBILITY FOR FUNDS.— 
(1) IN GENERAL.—For any fiscal year in which 
a State or Indian tribe fails to comply with this sec-
tion, the State or Indian tribe, at the discretion of 
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the Attorney General, shall be subject to not more 
than a 10-percent reduction of the funds that would 
otherwise be allocated for that fiscal year to the 
State or Indian tribe under a Byrne grant program. 
(2) REALLOCATION.—Amounts not allocated 
under a Byrne grant program in accordance with 
paragraph (1) to a State for failure to comply with 
this section shall be reallocated under the Byrne 
grant program to States that have not failed to com-
ply with this section. 
(c) PUBLIC AVAILABILITY OF DATA.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, and each year 
thereafter, the Attorney General shall publish, and 
make available to the public, a report containing the 
data reported to the Attorney General under this 
section. 
(2) PRIVACY
PROTECTIONS.—Nothing in this 
subsection shall be construed to supersede the re-
quirements or limitations under section 552a of title 
5, United States Code (commonly known as the 
‘‘Privacy Act of 1974’’). 
(d) GUIDANCE.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General, in 
coordination with the Director of the Federal Bureau of 
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Investigation, shall issue guidance on best practices relat-
ing to establishing standard data collection systems that 
capture the information required to be reported under sub-
section (a)(2), which shall include standard and consistent 
definitions for terms, including the term ‘‘use of force’’ 
which is consistent with the definition of such term in sec-
tion 2. 
SEC. 1041. COMMUNITY AND LAW ENFORCEMENT PART-
NERSHIP GRANT PROGRAM. 
(a) GRANTS AUTHORIZED.—The Attorney General 
may make grants to eligible law enforcement agencies to 
be used for the activities described in subsection (c). 
(b) ELIGIBILITY.—In order to be eligible to receive 
a grant under this section a law enforcement agency 
shall— 
(1) be located in a State or Indian tribe that 
receives funds under a Byrne grant program; 
(2) employ not more that 100 law enforcement 
officers; 
(3) demonstrate that the use of force policy for 
law enforcement officers employed by the law en-
forcement agency is publicly available; and 
(4) establish and maintain a reporting system 
that may be used by members of the public to report 
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incidents of use of force to the law enforcement 
agency. 
(c) ACTIVITIES DESCRIBED.—A grant made under 
this section may be used by a law enforcement agency 
for— 
(1) the cost of assisting the State or Indian 
tribe in which the law enforcement agency is located 
in complying with the reporting requirements de-
scribed in section 3; 
(2) the cost of establishing necessary systems 
required to investigate and report incidents as re-
quired under subsection (b)(4); 
(3) public awareness campaigns designed to 
gain information from the public on use of force by 
or against law enforcement officers, including shoot-
ings, which may include tip lines, hotlines, and pub-
lic service announcements; and 
(4) use of force training for law enforcement 
agencies and personnel, including training on de-es-
calation, implicit bias, crisis intervention techniques, 
and adolescent development. 
SEC. 
1042. 
COMPLIANCE 
WITH 
REPORTING 
REQUIRE-
MENTS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, and each year thereafter, 
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the Attorney General shall conduct an audit and review 
of the information provided under this Act to determine 
whether each State or Indian tribe described in section 
3(a)(1) is in compliance with the requirements of this Act. 
(b) CONSISTENCY IN DATA REPORTING.— 
(1) IN
GENERAL.—Any data reported under 
this Act shall be collected and reported in a manner 
consistent with existing programs of the Department 
of Justice that collect data on law enforcement offi-
cer encounters with civilians. 
(2) 
GUIDELINES.—The 
Attorney 
General 
shall— 
(A) issue guidelines on the reporting re-
quirement under section 3; and 
(B) seek public comment before finalizing 
the guidelines required under subparagraph 
(A). 
SEC. 1043. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Attor-
ney General such sums as are necessary to carry out this 
Act. 
SEC. 1044. FINDINGS. 
Congress makes the following findings: 
(1) Under section 2576a of title 10, United 
States Code, the Department of Defense is author-
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ized to provide excess property to local law enforce-
ment agencies. The Defense Logistics Agency, ad-
ministers such section by operating the Law En-
forcement Support Office program. 
(2) New and used material, including mine-re-
sistant ambush-protected vehicles and weapons de-
termined by the Department of Defense to be ‘‘mili-
tary grade’’ are transferred to local and Federal law 
enforcement agencies through the program. 
(3) As a result local law enforcement agencies, 
including police and sheriff’s departments, are ac-
quiring this material for use in their normal oper-
ations. 
(4) As a result of the wars in Iraq and Afghani-
stan, military equipment purchased for, and used in, 
those wars has become excess property and has been 
made available for transfer to local and Federal law 
enforcement agencies. 
(5) According to public reports, approximately 
12,000 police organizations across the country were 
able to procure nearly $500,000,000 worth of excess 
military merchandise including firearms, computers, 
helicopters, clothing, and other products, at no 
charge during fiscal year 2011 alone. 
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(6) More than $4,000,000,000 worth of weap-
ons and equipment have been transferred to police 
organizations in all 50 states and four territories 
through the program. 
(7) In May 2012, the Defense Logistics Agency 
instituted a moratorium on weapons transfers 
through the program after reports of missing equip-
ment and inappropriate weapons transfers. 
(8) Though the moratorium was widely pub-
licized, it was lifted in October 2013 without ade-
quate safeguards. 
(9) As a result, Federal, State, and local law 
enforcement departments across the country are eli-
gible again to acquire free ‘‘military-grade’’ weapons 
and equipment that could be used inappropriately 
during policing efforts in which citizens and tax-
payers could be harmed. 
(10) Pursuant to section III(J) of a Defense 
Logistics Agency memorandum of understanding, 
property obtained through the program must be 
placed into use within one year of receipt, possibly 
providing an incentive for the unnecessary and po-
tentially dangerous use of ‘‘military grade’’ equip-
ment by local law enforcement. 
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(11) The Department of Defense categorizes 
equipment eligible for transfer under the 1033 pro-
gram as ‘‘controlled’’ and ‘‘un-controlled’’ equip-
ment. ‘‘Controlled equipment’’ includes weapons, ex-
plosives such as flash-bang grenades, mine resistant 
ambush protected vehicles, long range acoustic de-
vices, aircraft capable of being modified to carry ar-
mament that are combat coded, and silencers, 
among other military grade items. 
SEC. 1045. LIMITATION ON DEPARTMENT OF DEFENSE 
TRANSFER 
OF 
PERSONAL 
PROPERTY 
TO 
LOCAL LAW ENFORCEMENT AGENCIES. 
(a) IN GENERAL.—Section 2576a of title 10, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(A), by striking 
‘‘counterdrug, counterterrorism,’’ and inserting 
‘‘counterterrorism’’; and 
(B) in paragraph (2), by striking ‘‘, the 
Director of National Drug Control Policy,’’; 
(2) in subsection (b)— 
(A) in each of paragraphs (4) and (5), by 
striking ‘‘and’’ at the end; 
(B) in paragraph (6), by striking the pe-
riod and inserting a semicolon; and 
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(C) by adding at the end the following new 
paragraphs: 
‘‘(7) the recipient certifies to the Department of 
Defense that it has the personnel and technical ca-
pacity, including training, to operate the property; 
‘‘(8) the recipient submits to the Department of 
Defense a description of how the recipient expects to 
use the property; 
‘‘(9) the recipient certifies to the Department of 
Defense that if the recipient determines that the 
property is surplus to the needs of the recipient, the 
recipient will return the property to the Department 
of Defense; and 
‘‘(10) with respect to a recipient that is not a 
Federal agency, the recipient certifies to the Depart-
ment of Defense that the recipient notified the local 
community of the request for personal property 
under this section by— 
‘‘(A) publishing a notice of such request on 
a publicly accessible Internet website; 
‘‘(B) posting such notice at several promi-
nent locations in the jurisdiction of the recipi-
ent; and 
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‘‘(C) ensuring that such notices were avail-
able to the local community for a period of not 
less than 30 days.’’; 
(3) by striking subsection (d); 
(4) by redesignating subsections (e) and (f) as 
subsections (m) and (n), respectively; and 
(5) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) ANNUAL
CERTIFICATION
ACCOUNTING
FOR 
TRANSFERRED PROPERTY.—(1) For each fiscal year, the 
Secretary shall submit to Congress certification in writing 
that each Federal or State agency to which the Secretary 
has transferred property under this section— 
‘‘(A) has provided to the Secretary documenta-
tion accounting for all controlled property, including 
arms and ammunition, that the Secretary has trans-
ferred to the agency, including any item described in 
subsection (f) so transferred before the date of the 
enactment of the Stop Militarizing Law Enforce-
ment Act; and 
‘‘(B) with respect to a non-Federal agency, car-
ried out each of paragraphs (5) through (8) of sub-
section (b). 
‘‘(2) If the Secretary cannot provide a certification 
under paragraph (1) for a Federal or State agency, the 
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Secretary may not transfer additional property to that 
agency under this section. 
‘‘(e) ANNUAL REPORT ON EXCESS PROPERTY.—Be-
fore making any property available for transfer under this 
section, the Secretary shall annually submit to Congress 
a description of the property to be transferred together 
with a certification that the transfer of the property would 
not violate this section or any other provision of law. 
‘‘(f) LIMITATIONS ON TRANSFERS.—(1) The Sec-
retary may not transfer the following personal property 
of the Department of Defense under this section: 
‘‘(A) Controlled firearms, ammunition, grenades 
(including stun and flash-bang) and explosives. 
‘‘(B) Controlled vehicles, highly mobile multi- 
wheeled vehicles, mine-resistant ambush-protected 
vehicles, trucks, truck dump, truck utility, and truck 
carryall. 
‘‘(C) Drones that are armored, weaponized, or 
both. 
‘‘(D) Controlled aircraft that— 
‘‘(i) are combat configured or combat 
coded; or 
‘‘(ii) have no established commercial flight 
application. 
‘‘(E) Silencers. 
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‘‘(F) Long-range acoustic devices. 
‘‘(G) Items in the Federal Supply Class of 
banned items. 
‘‘(2) The Secretary may not require, as a condition 
of a transfer under this section, that a Federal or State 
agency demonstrate the use of any small arms or ammuni-
tion. 
‘‘(3) The limitations under this subsection shall also 
apply with respect to the transfer of previously transferred 
property of the Department of Defense from one Federal 
or State agency to another such agency. 
‘‘(4)(A) The Secretary may waive the applicability of 
paragraph (1) to a vehicle described in subparagraph (B) 
of such paragraph (other than a mine-resistant ambush- 
protected vehicle), if the Secretary determines that such 
a waiver is necessary for disaster or rescue purposes or 
for another purpose where life and public safety are at 
risk, as demonstrated by the proposed recipient of the ve-
hicle. 
‘‘(B) If the Secretary issues a waiver under subpara-
graph (A), the Secretary shall— 
‘‘(i) submit to Congress notice of the waiver, 
and post such notice on a public Internet website of 
the Department, by not later than 30 days after the 
date on which the waiver is issued; and 
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‘‘(ii) require, as a condition of the waiver, that 
the recipient of the vehicle for which the waiver is 
issued provides public notice of the waiver and the 
transfer, including the type of vehicle and the pur-
pose for which it is transferred, in the jurisdiction 
where the recipient is located by not later than 30 
days after the date on which the waiver is issued. 
‘‘(5) The Secretary may provide for an exemption to 
the limitation under subparagraph (D) of paragraph (1) 
in the case of parts for aircraft described in such subpara-
graph that are transferred as part of regular maintenance 
of aircraft in an existing fleet. 
‘‘(6) The Secretary shall require, as a condition of 
any transfer of property under this section, that the Fed-
eral or State agency that receives the property shall return 
the property to the Secretary if the agency— 
‘‘(A) is investigated by the Department of Jus-
tice for any violation of civil liberties; or 
‘‘(B) is otherwise found to have engaged in 
widespread abuses of civil liberties. 
‘‘(g) CONDITIONS FOR EXTENSION OF PROGRAM.— 
Notwithstanding any other provision of law, amounts au-
thorized to be appropriated or otherwise made available 
for any fiscal year may not be obligated or expended to 
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carry out this section unless the Secretary submits to Con-
gress certification that for the preceding fiscal year that— 
‘‘(1) each Federal or State agency that has re-
ceived controlled property transferred under this sec-
tion has— 
‘‘(A) demonstrated 100 percent account-
ability for all such property, in accordance with 
paragraph (2) or (3), as applicable; or 
‘‘(B) been suspended from the program 
pursuant to paragraph (4); 
‘‘(2) with respect to each non-Federal agency 
that has received controlled property under this sec-
tion, the State coordinator responsible for each such 
agency has verified that the coordinator or an agent 
of the coordinator has conducted an in-person inven-
tory of the property transferred to the agency and 
that 100 percent of such property was accounted for 
during the inventory or that the agency has been 
suspended from the program pursuant to paragraph 
(4); 
‘‘(3) with respect to each Federal agency that 
has received controlled property under this section, 
the Secretary of Defense or an agent of the Sec-
retary has conducted an in-person inventory of the 
property transferred to the agency and that 100 per-
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cent of such property was accounted for during the 
inventory or that the agency has been suspended 
from the program pursuant to paragraph (4); 
‘‘(4) the eligibility of any agency that has re-
ceived controlled property under this section for 
which 100 percent of the property was not ac-
counted for during an inventory described in para-
graph (1) or (2), as applicable, to receive any prop-
erty transferred under this section has been sus-
pended; 
‘‘(5) each State coordinator has certified, for 
each non-Federal agency located in the State for 
which the State coordinator is responsible that— 
‘‘(A) the agency has complied with all re-
quirements under this section; or 
‘‘(B) the eligibility of the agency to receive 
property transferred under this section has been 
suspended; and 
‘‘(6) the Secretary of Defense has certified, for 
each Federal agency that has received property 
under this section that— 
‘‘(A) the agency has complied with all re-
quirements under this section; or 
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‘‘(B) the eligibility of the agency to receive 
property transferred under this section has been 
suspended. 
‘‘(h) PROHIBITION ON OWNERSHIP OF CONTROLLED 
PROPERTY.—A Federal or State agency that receives con-
trolled property under this section may never take owner-
ship of the property. 
‘‘(i) NOTICE TO CONGRESS OF PROPERTY DOWN-
GRADES.—Not later than 30 days before downgrading the 
classification of any item of personal property from con-
trolled or Federal Supply Class, the Secretary shall submit 
to Congress notice of the proposed downgrade. 
‘‘(j) NOTICE TO CONGRESS OF PROPERTY CANNIBAL-
IZATION.—Before the Defense Logistics Agency author-
izes the recipient of property transferred under this sec-
tion to cannibalize the property, the Secretary shall submit 
to Congress notice of such authorization, including the 
name of the recipient requesting the authorization, the 
purpose of the proposed cannibalization, and the type of 
property proposed to be cannibalized. 
‘‘(k) QUARTERLY REPORTS ON USE OF CONTROLLED 
EQUIPMENT.—Not later than 30 days after the last day 
of a fiscal quarter, the Secretary shall submit to Congress 
a report on any uses of controlled property transferred 
under this section during that fiscal quarter. 
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‘‘(l) REPORTS TO CONGRESS.—Not later than 30 
days after the last day of a fiscal year, the Secretary shall 
submit to Congress a report on the following for the pre-
ceding fiscal year: 
‘‘(1) The percentage of equipment lost by re-
cipients of property transferred under this section, 
including specific information about the type of 
property lost, the monetary value of such property, 
and the recipient that lost the property. 
‘‘(2) The transfer of any new (condition code 
A) property transferred under this section, including 
specific information about the type of property, the 
recipient of the property, the monetary value of each 
item of the property, and the total monetary value 
of all such property transferred during the fiscal 
year.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to any transfer of 
property made after the date of the enactment of this Act. 
SEC. 1046. FINDINGS. 
Congress finds the following: 
(1) There is a lack of reliable data and informa-
tion on the amount and types of weapons and equip-
ment that law enforcement agencies purchase using 
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Federal funding, and the use and deployment of 
those weapons and equipment. 
(2) The Federal Government lacks reliable data 
and information about the number, composition, and 
deployment of Special Weapons and Tactics teams 
(referred to in this section as ‘‘SWAT teams’’). 
(3) According to estimates, the percentage of 
small towns in the United States that had SWAT 
teams grew from 20 percent in the 1980s to 80 per-
cent in the mid-2000s. 
(4) According to estimates, the number of 
SWAT team raids per year grew from 3,000 in the 
1980s to 45,000 in the mid-2000s. 
(5) The majority of SWAT team deployments 
are for the purpose of executing a warrant. 
(6) In 2014, the Federal Government provided 
more than $2,000,000,000 in grants and equipment 
to law enforcement agencies. 
(7) In 2013 and 2014, the Department of De-
fense provided excess Mine Resistant Ambush Pro-
tected vehicles (referred to in this section as 
‘‘MRAPs’’) to 624 local law enforcement agencies 
for free. 
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(8) MRAPs can weigh up to 17 tons and cost 
up to $600,000, and are known to damage road sur-
faces due to their weight. 
(9) State and local governments that are re-
sponsible for oversight of their law enforcement 
agencies are not always aware of equipment and 
grant funding that the law enforcement agencies ob-
tain from the Federal Government. 
SEC. 1047. TASK FORCE TO ASSIST FEDERAL OFFICIALS IN 
DETERMINING APPROPRIATENESS OF ITEMS 
FOR USE BY LAW ENFORCEMENT. 
(a) IN GENERAL.—The Administrator of the Federal 
Emergency Management Agency, the Director of the De-
fense Logistics Agency, and the Attorney General shall 
jointly appoint a task force to assist each such official in 
discharging certain functions as required under— 
(1) section 2009 of the Homeland Security Act 
of 2002, as added by section 5; 
(2) section 2576a of title 10, United States 
Code, as added by section 6; and 
(3) section 509 of the Omnibus Crime Control 
and Safe Streets Act of 1968, as added by section 
7. 
(b) MEMBERS.—The task force appointed under this 
section shall include the following: 
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(1) One representative from a law enforcement 
agency within the Department of Homeland Secu-
rity. 
(2) An individual appointed under section 
2009(h)(2) of the Homeland Security Act of 2002, 
as added by section 5. 
(3) In consultation with the Director of the 
Federal Bureau of Investigation, 1 representative 
from the Federal Bureau of Investigation or the 
FBI Academy. 
(4) An individual employed by the Defense Lo-
gistics Agency pursuant to section 2576a(e)(2) of 
title 10, United States Code, as added by section 6. 
(5) An individual appointed under section 
509(h)(1)(B) of the Omnibus Crime Control and 
Safe Streets Act of 1968, as added by section 7. 
(6) One representative of each of the Fraternal 
Order of Police, the National Tactical Officers Asso-
ciation, the International Association of Bomb Tech-
nicians and Investigators, the National Bomb Squad 
Commanders Advisory Board, the Airborne Law En-
forcement Association, the International Association 
of Chiefs of Police, the National Sheriffs Associa-
tion, the National Governors Association, and the 
United States Conference of Mayors. 
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(7) An individual unaffiliated with an organiza-
tion specified in paragraph (6) who has a doctoral 
or masters degree in criminology or criminal justice 
and a demonstrated expertise in police tactics. 
(8) One or more individuals from an organiza-
tion or organizations whose mission is related to the 
protection of civil rights and liberties, including the 
American Civil Liberties Union, the Center for Con-
stitutional Rights, the Lawyers Committee for Civil 
Rights Under Law, the Leadership Conference on 
Civil and Human Rights, the National Association 
for the Advancement of Colored People, the NAACP 
Legal Defense and Educational Fund, Inc., the Na-
tional Urban League, and the Rainbow PUSH Coali-
tion, selected by the Administrator in consultation 
with the head of such organization. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for the activities of the 
task force appointed under this section $1,000,000 for 
each of fiscal years 2015, 2016, and 2017. 
SEC. 1048. URBAN AREAS SECURITY INITIATIVE AND STATE 
HOMELAND SECURITY GRANT PROGRAM. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 603 et seq.) 
is amended by adding at the end the following: 
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‘‘SEC. 2009. USE OF FUNDS BY LAW ENFORCEMENT. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘Authorized Equipment List’ 
means the Authorized Equipment List published by 
the Grant Programs Directorate of the Federal 
Emergency Management Agency; 
‘‘(2) the term ‘covered funds’ means funds 
awarded under section 2003 or 2004; 
‘‘(3) the term ‘law enforcement agency’— 
‘‘(A) means an agency or entity with law 
enforcement officers— 
‘‘(i) who have arrest and apprehension 
authority; and 
‘‘(ii) whose primary function is to 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; 
‘‘(4) 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; 
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‘‘(5) the term ‘law enforcement equipment list’ 
means the list of items designated by the Adminis-
trator under subsection (b)(1)(B); 
‘‘(6) the term ‘local educational agency’ has the 
meaning given that term in section 8013(9) of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7713(9)); 
‘‘(7) the term ‘prohibited item’ means an item 
that is not on the law enforcement equipment list; 
‘‘(8) the term ‘restricted item’ means— 
‘‘(A) tactical law enforcement ballistic pro-
tection equipment, including body armor, a bal-
listic helmet, a ballistic shield, a battle dress 
uniform, or camouflage uniforms or clothing; 
‘‘(B) a remotely piloted aerial vehicle; 
‘‘(C) a tactical military vehicle; 
‘‘(D) facial recognition software; 
‘‘(E) watercraft; or 
‘‘(F) manned aircraft; 
‘‘(9) the term ‘SWAT team’ means a Special 
Weapons and Tactics team or other specialized tac-
tical team composed of sworn law enforcement offi-
cers; and 
‘‘(10) the term ‘tactical military vehicle’ means 
an armored vehicle having military characteristics 
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resulting from military research and development 
processes, designed primarily for use by forces in the 
field in direct connection with, or support of, combat 
or tactical operations. 
‘‘(b) ASSESSMENT
OF
AUTHORIZED
EQUIPMENT 
LIST; DESIGNATION OF APPROVED ITEMS.— 
‘‘(1) IN GENERAL.—The Administrator shall, in 
consultation with the task force appointed under sec-
tion 4 of the Protecting Communities and Police Act 
of 2015— 
‘‘(A) as soon as practicable after the date 
of enactment of the Protecting Communities 
and Police Act of 2015, assess the appropriate-
ness of items on the Authorized Equipment List 
for use by law enforcement agencies in counter-
terrorism activities; 
‘‘(B) not later than 3 years after the date 
of enactment of the Protecting Communities 
and Police Act of 2015, based on the assess-
ment conducted under subparagraph (A) and in 
accordance with the procedures required under 
paragraph (2), designate a list of items, which 
may include restricted items, that may be pur-
chased using covered funds for use by a law en-
forcement agency; and 
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‘‘(C) not less frequently than once every 5 
years, review and revise, as appropriate, the list 
of items designated under subparagraph (B). 
‘‘(2) PUBLICATION.—The Administrator shall 
publish the law enforcement equipment list on the 
website of the Department and in the Federal Reg-
ister. 
‘‘(3) PROHIBITED ITEMS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a law enforcement agency 
may not— 
‘‘(i) use covered funds to purchase a 
prohibited item; or 
‘‘(ii) receive a prohibited item that 
was purchased using covered funds. 
‘‘(B) EXCEPTION
FOR
THREATS
TO
NA-
TIONAL SECURITY.—A law enforcement agency 
may purchase a prohibited item using covered 
funds, or receive a prohibited item that was 
purchased using covered funds, if— 
‘‘(i) the Administrator determines 
that the prohibited item will be useful in 
preventing or mitigating damage resulting 
from a threat to national security; 
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‘‘(ii) the law enforcement agency has 
in place an agreement with the National 
Guard of the State in which the law en-
forcement agency is located for the storage 
of the prohibited item at a National Guard 
site; and 
‘‘(iii) the law enforcement agency pro-
vides a copy of the agreement described in 
clause (ii) to the Administrator. 
‘‘(4) REPORTS
TO
CONGRESS
ON
EXPECTED 
PUBLICATION OF FINAL LAW ENFORCEMENT EQUIP-
MENT LIST.—Beginning in the third full fiscal year 
after the date of enactment of the Protecting Com-
munities and Police Act of 2015, the Administrator 
shall submit to Congress a monthly report on the ex-
pected date of publication of the final law enforce-
ment equipment list. 
‘‘(5) AUTHORITY
TO
MAKE
GRANTS
CONTIN-
GENT ON PUBLICATION OF FINAL LIST.—Beginning 
in the fifth full fiscal year after the date of enact-
ment of the Protecting Communities and Police Act 
of 2015, the Administrator shall withhold from a 
grant awarded under section 2003 or 2004 any 
amounts that are intended for use by a law enforce-
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ment agency unless the Administrator has published 
a final law enforcement equipment list. 
‘‘(c) OTHER RESTRICTIONS AND LIMITATIONS ON 
USE OF COVERED FUNDS.— 
‘‘(1) RESTRICTED
ITEMS
PURCHASED
USING 
COVERED FUNDS.— 
‘‘(A) REQUIREMENTS.—A law enforcement 
agency may not receive or use covered funds for 
the purchase of a restricted item, or receive a 
restricted item purchased using covered funds, 
unless the law enforcement agency— 
‘‘(i) except as provided in subpara-
graph (B), publishes a needs justification 
statement— 
‘‘(I) that, except as provided in 
subclause (II), includes the informa-
tion required under subparagraph (D) 
if that information is not otherwise 
publicly available; and 
‘‘(II) from which the law enforce-
ment agency may redact— 
‘‘(aa) the information re-
quired under clause (x) or (xi) of 
subparagraph (D); and 
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‘‘(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; 
‘‘(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 to obtain 
the restricted items; and 
‘‘(iii) submits the needs justification 
statement, including all information re-
quired under subparagraph (D), to the 
State, high-risk urban area, or directly eli-
gible tribe from which the law enforcement 
agency is to receive the covered funds or 
restricted item. 
‘‘(B) ONGOING
OPERATIONS.—The re-
quirements under subparagraph (A) shall not 
apply to a law enforcement agency that obtains 
a restricted item that was purchased using cov-
ered funds to be used in an active, ongoing 
counterterrorism operation. 
‘‘(C) NOTIFICATION
TO
ADMINISTRATOR 
REGARDING
APPROVAL
OF
CERTAIN
APPLICA-
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TIONS.—If an official other than the Adminis-
trator approves an application for a grant 
under section 2003 or 2004 that proposes to 
use funds for the purchase of a restricted item, 
the official shall notify the Administrator of the 
approval before distributing those funds. 
‘‘(D) 
NEEDS
JUSTIFICATION
STATE-
MENTS.—A needs justification statement of a 
law enforcement agency shall include the fol-
lowing: 
‘‘(i) The type and number of re-
stricted items proposed to be purchased on 
behalf of, or distributed to, the law en-
forcement agency. 
‘‘(ii) The number of sworn law en-
forcement officers of the law enforcement 
agency. 
‘‘(iii) The number, if any, of items 
similar to the restricted item that the law 
enforcement agency has in good working 
condition. 
‘‘(iv) The number and type of items, 
if any, that the law enforcement agency 
has that were— 
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‘‘(I) transferred to the law en-
forcement agency under section 2576a 
of title 10, United States Code; or 
‘‘(II) purchased using funds from 
the Edward Byrne Memorial Justice 
Assistance Grant Program under sub-
part 1 of part E of title I of the Om-
nibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3750 et seq.) 
during the 5-year period preceding the 
date on which the statement is pub-
lished. 
‘‘(v) The use of force policy of the law 
enforcement agency. 
‘‘(vi) Whether the law enforcement 
agency intends for a SWAT team to use 
the restricted item, and, if so, the training 
records of the SWAT team, including the 
course outlines of such training. 
‘‘(vii) Whether the law enforcement 
agency has or plans to adopt a memo-
randum of understanding or other joint 
use agreement for the shared use of the re-
stricted item with any other law enforce-
ment agency. 
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‘‘(viii) The capability gap to be filled 
by the restricted item, and a description of 
the proposed use of the restricted item by 
the law enforcement agency. 
‘‘(ix) Whether a consent decree is in 
effect between the United States and the 
law enforcement agency relating to civil 
rights abuses or excessive use of force. 
‘‘(x) Whether the law enforcement 
agency is currently under investigation, or 
has been under investigation during the 
preceding 10 years, by the Department of 
Justice, an inspector general, or any 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, 
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State, or local political entity to purchase 
the requested item; 
‘‘(II) if the law enforcement agency 
requested funds from a regional, State, or 
local political entity and the request was 
denied, a statement of the reason or 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 on 
the law enforcement equipment list pur-
chased using covered funds has not been, 
and will not be, used by a SWAT team of 
the law enforcement agency engaging in 
routine patrol-related incidents, non-tac-
tical incidents, or non-tactical assignments. 
‘‘(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 Administrator deter-
mines appropriate. 
‘‘(2) RESTRICTIONS ON SMALL AGENCIES.— 
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‘‘(A) TACTICAL
MILITARY
VEHICLES.—A 
law enforcement agency with 10 or fewer sworn 
law enforcement officers— 
‘‘(i) that has 1 or more functioning 
tactical military vehicles may not— 
‘‘(I) use covered funds for the 
purchase of a tactical military vehicle; 
or 
‘‘(II) receive a tactical military 
vehicle purchased using covered funds; 
‘‘(ii) that does not have a functioning 
tactical military vehicle may— 
‘‘(I) use covered funds for the 
purchase of not more than 1 tactical 
military vehicle; or 
‘‘(II) receive not more than 1 
tactical military vehicle purchased 
using covered funds; or 
‘‘(iii) that is the designated 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 agency purchases or re-
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ceives not more than 1 tactical military ve-
hicle for every 10 sworn law enforcement 
officers covered by the joint-use agreement. 
‘‘(B) LIMITATION
ON
USE
OF
COVERED 
FUNDS
BY
SMALL
SWAT
TEAMS.—A law en-
forcement agency may not use covered funds to 
purchase a restricted item, or receive a re-
stricted item purchased using covered funds, for 
use by a SWAT team— 
‘‘(i) composed of fewer than 17 sworn 
law enforcement officers; 
‘‘(ii) composed entirely of members 
from a single law enforcement agency that 
has fewer than 35 sworn law enforcement 
officers; 
‘‘(iii) composed of members from 2 or 
more law enforcement agencies that have, 
in aggregate, fewer than 35 sworn law en-
forcement officers; or 
‘‘(iv) in a routine patrol-related inci-
dent, non-tactical incident, or non-tactical 
assignment. 
‘‘(3) TRANSPORTATION COSTS.—Covered funds 
may not be used to pay the cost of transporting an 
eligible defense item transferred to a law enforce-
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ment agency under section 2576a of title 10, United 
States Code. 
‘‘(4) AGENCIES UNDER CONSENT DECREES OR 
CIVIL RIGHTS INVESTIGATIONS.—A law enforcement 
agency for which a consent decree is in effect be-
tween the United States and the law enforcement 
agency, or that is under investigation by the Depart-
ment of Justice, relating to civil rights abuses or ex-
cessive use of force may not— 
‘‘(A) use covered funds to purchase a re-
stricted item; or 
‘‘(B) receive a restricted item that was 
purchased using covered funds. 
‘‘(d) TRAINING AND CERTIFICATION.— 
‘‘(1) STATE CERTIFICATION OF LAW ENFORCE-
MENT INSTRUCTORS ON LAW ENFORCEMENT TAC-
TICS AND THE USE OF RESTRICTED ITEMS.— 
‘‘(A) IN GENERAL.—On and after the date 
that is 3 years after the date of enactment of 
the Protecting Communities and Police Act of 
2015, a State, any jurisdiction within the State, 
and any directly eligible tribe any part of which 
is located within the State, may not receive cov-
ered funds for use by a law enforcement agency 
to purchase a restricted item unless the Gov-
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ernor or highest official of the State certifies to 
the Administrator that the State conducts a 
program for certifying law enforcement instruc-
tors in the provision of training on law enforce-
ment tactics and investigations that meets the 
requirements under subparagraph (B). 
‘‘(B) PROGRAM REQUIREMENTS.—The re-
quirements for a program described in subpara-
graph (A) are the following: 
‘‘(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 restricted items 
by law enforcement officers in the or-
dinary course of their duties. 
‘‘(III) The use of restricted 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 
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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 under section 2010 shall be 
maintained and published. 
‘‘(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, any jurisdiction within the 
State, and any directly eligible tribe any part of 
which is located within the State, may not re-
ceive covered funds, or equipment purchased 
using covered funds, unless the State estab-
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701 
lishes minimum annual training requirements 
for all sworn law enforcement officers in the 
State, including— 
‘‘(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 
in law enforcement tactics used in tactical 
operations; 
‘‘(iii) training in the appropriate use 
and deployment of tactical military vehi-
cles; 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. 
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‘‘(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) the program conducted by the 
Secretary under section 2010; or 
‘‘(ii) a program conducted by a State 
under paragraph (1). 
‘‘(C) 
CERTIFICATION
OF
COMPLETED 
TRAINING.—On and after the date that is 1 
year after the date on which a program is es-
tablished under paragraph (1), a law enforce-
ment agency may not directly or indirectly re-
ceive covered funds, or receive equipment pur-
chased using covered funds, unless the law en-
forcement agency certifies to the entity from 
which the law enforcement agency is seeking 
funds or equipment that, during the preceding 
year, each sworn law enforcement officer em-
ployed by the law enforcement agency met all 
applicable minimum annual training require-
ments established by the State in which the law 
enforcement agency is located under subpara-
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graph (A) of this paragraph, including special-
ized SWAT team training requirements. 
‘‘(D) FALSE CERTIFICATION.—The Admin-
istrator shall suspend or terminate the eligi-
bility of a law enforcement agency to directly or 
indirectly receive covered funds, or receive 
equipment purchased using covered funds, if 
the law enforcement agency intentionally sub-
mits a false certification under subparagraph 
(C) that a law enforcement officer met the min-
imum annual training requirements established 
by the State in which the agency is located 
under subparagraph (A). 
‘‘(E) SATISFACTION BY RECENT HIREES.— 
The requirements under subparagraph (A) shall 
provide for the first completion of the training 
concerned by an individual who becomes an offi-
cer in a law enforcement agency or a member 
of a SWAT team by not later than 1 year after 
the date on which the individual becomes an of-
ficer in the law enforcement agency or a mem-
ber of a SWAT team, as applicable. 
‘‘(e) REPORTING REQUIREMENTS.— 
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‘‘(1) ANNUAL REPORTS BY ADMINISTRATOR.— 
The Administrator shall make public and submit to 
Congress and the Attorney General— 
‘‘(A) an annual report on the purchase by 
law enforcement agencies of restricted items 
purchased using covered funds; and 
‘‘(B) an annual report on the purchase and 
use by law enforcement agencies of tactical 
military vehicles and remotely piloted aerial ve-
hicles purchased using covered funds. 
‘‘(2) GRANT APPLICANTS AND RECIPIENTS.— 
‘‘(A) LIST OF EQUIPMENT PURCHASED.— 
As a condition of receiving a grant under sec-
tion 2003 or 2004, a State, high-risk urban 
area, or directly eligible tribe shall submit to 
the Administrator, as part of the report sub-
mitted under section 2022(b)(1)(A) relating to 
the last quarter of any fiscal year, a description 
of the quantity and specific type of equipment 
purchased by the recipient and any subgrantee 
of the recipient using covered funds. 
‘‘(B) AGENCIES
WITH
SPECIAL
EQUIP-
MENT.—As a condition of receiving a grant 
under section 2003 or 2004, a State, high-risk 
urban area, or directly eligible tribe shall sub-
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mit to the Administrator a report that de-
scribes, for each law enforcement agency that 
purchased a restricted item using covered funds 
made available by the State, high-risk urban 
area, or directly eligible tribe, or received a re-
stricted item that the State, high-risk urban 
area, or directly eligible tribe purchased using 
covered funds— 
‘‘(i) the needs justification statement 
that the law enforcement agency submitted 
to the State, high-risk urban area, or di-
rectly eligible tribe with respect to the re-
stricted 
item 
under 
subsection 
(c)(1)(A)(iii); and 
‘‘(ii) the number and types of re-
stricted items that the law enforcement 
agency purchased or received. 
‘‘(C) 
SWAT 
TEAM
DEPLOYMENT 
RECORDS.—A law enforcement agency that uses 
covered funds to purchase a tactical military ve-
hicle, or receives a tactical military vehicle pur-
chased using covered funds, for use by a SWAT 
team shall maintain a record of each deploy-
ment of the tactical military vehicle by the 
SWAT team, which shall include— 
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‘‘(i) the type of police activity for 
which the tactical military vehicle is de-
ployed; 
‘‘(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, if applicable; and 
‘‘(II) the police activity for which 
the tactical military vehicle is de-
ployed; and 
‘‘(iv) a description, written after the 
deployment, of whether force or weapons 
were used by or against the law enforce-
ment officers deploying the tactical mili-
tary vehicle. 
‘‘(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, any jurisdiction within the State, 
and any directly eligible tribe any part of which is 
located within the State, may not directly or indi-
rectly receive covered funds for the purchase of a re-
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stricted item unless the Governor or highest officer 
of the State certifies to the Administrator that the 
State— 
‘‘(A) has in place— 
‘‘(i) a program, including a public 
complaint hotline, that provides individuals 
the ability to disclose any— 
‘‘(I) misuse of equipment 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 
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 a restricted 
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item purchased using covered funds, or directly 
or indirectly receive covered funds to purchase 
a restricted item, unless the head of the law en-
forcement agency submits to the Administrator 
a written certification (in the form of a memo-
randum of understanding, memorandum of 
agreement, or letterhead correspondence) that 
an entity that does not report to the head of 
the law enforcement agency is authorized— 
‘‘(i) to receive any complaints 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— 
‘‘(aa) a law or ordinance 
governing the law enforcement 
agency or the entity; or 
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‘‘(bb) an agreement between 
the law enforcement agency and 
organizations representing 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. 
‘‘(g) SUSPENSION AND TERMINATION.— 
‘‘(1) FOR LOST OR STOLEN ITEMS.—As a con-
dition of receiving a grant under section 2003 or 
2004, a State, high-risk urban area, or directly eligi-
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agency to receive covered funds, or to receive a re-
stricted item purchased using covered funds, shall, if 
the law enforcement agency is determined to have 
intentionally falsified any information relating to the 
purchase or receipt of a restricted item, and after 
the law enforcement agency is provided with notice 
and the opportunity to contest the allegation, be sus-
pended for a period of not less than 5 years. 
‘‘(3) DISCLOSURE TO ADMINISTRATOR.—Each 
State, high-risk urban area, or directly eligible tribe 
that receives a grant under section 2003 or 2004 
shall submit to the Administrator an annual report 
that describes each law enforcement agency that is 
ineligible, due to a suspension or termination under 
paragraph (1) or (2), to receive covered funds to 
purchase a restricted item, or to receive a restricted 
item purchased using covered funds. 
‘‘(h) LAW ENFORCEMENT EXPERTISE.— 
‘‘(1) DEFINITION.—In this subsection, the term 
‘covered grant application’ means a grant applica-
tion under section 2003 or 2004 that proposes to— 
‘‘(A) use funds for the purchase of a re-
stricted item for use by a law enforcement 
agency; or 
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‘‘(B) provide funds to a law enforcement 
agency for the purchase of a restricted item. 
‘‘(2) APPOINTMENT.—The Administrator shall 
appoint individuals with expertise in State, county, 
or local law enforcement agency functions to assist 
the Administrator in— 
‘‘(A) determining which items are appro-
priate for inclusion on the law enforcement 
equipment list; and 
‘‘(B) assessing covered grant applications. 
‘‘(3) NUMBER OF INDIVIDUALS.—The Adminis-
trator shall appoint as many individuals under para-
graph (2) as necessary to ensure that— 
‘‘(A) not less that 1 such individual as-
sesses each covered grant application; and 
‘‘(B) the involvement of such individuals in 
the process of assessing covered grant applica-
tions does not substantially delay the process. 
‘‘(4) MANAGERIAL EXPERIENCE PREFERRED.— 
In appointing individuals under paragraph (2), the 
Administrator shall give preference to individuals 
with law enforcement managerial experience.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents in section 1(b) of the Homeland Se-
curity Act of 2002 (Public Law 107–96; 116 Stat. 2135) 
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is amended by inserting after the item relating to section 
2008 the following: 
‘‘Sec. 2009. Use of funds by law enforcement.’’. 
SEC. 1049. MODIFICATION OF AUTHORITY TO TRANSFER 
DEPARTMENT OF DEFENSE PROPERTY FOR 
LAW ENFORCEMENT ACTIVITIES. 
(a) RESTATEMENT AND MODIFICATION OF CURRENT 
AUTHORITY FOR TRANSFER FOR STATE AND LOCAL LAW 
ENFORCEMENT ACTIVITIES.—Section 2576a of title 10, 
United States Code, is amended to read as follows: 
‘‘§ 2576a. Excess personal property: sale or donation 
of certain controlled defense items for 
State or local law enforcement activities 
‘‘(a) 
TRANSFER
AUTHORIZED.—Notwithstanding 
any other provision of law and subject to the provisions 
of this section, the Secretary of Defense may transfer to 
State and local law enforcement agencies for law enforce-
ment activities controlled defense items of the Department 
of Defense, including small arms and ammunition, that 
are determined in accordance with subsection (f) to be eli-
gible defense items for purposes of this section. 
‘‘(b) NO TRANSFER OF ITEMS REQUESTED BY FED-
ERAL AGENCIES.—An item may not be transferred under 
this section if requested for transfer by a Federal agency 
under section 2576b of this title. 
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‘‘(c) CONDITIONS FOR TRANSFER.—The Secretary of 
Defense may transfer items under this section only if— 
‘‘(1) the items are drawn from existing stocks 
of the Department of Defense; 
‘‘(2) the recipient accepts the items on an as- 
is, where-is basis; 
‘‘(3) the transfer is made without the expendi-
ture of any funds available to the Department of 
Defense for the procurement of defense equipment; 
‘‘(4) all costs incurred subsequent to the trans-
fer of the items are borne or reimbursed by the re-
cipient; and 
‘‘(5) the recipient agrees to comply with any in-
ventory, accountability, reporting, and disposal re-
quirements prescribed in the regulations for pur-
poses of this section under subsection (g). 
‘‘(d) CONSIDERATION.—Subject to subsection (c)(4), 
the Secretary of Defense may transfer items under this 
section without charge to the recipient agency. 
‘‘(e) ASSISTANCE FOR DIRECTOR OF DLA IN DIS-
CHARGE OF CERTAIN FUNCTION BY EXPERTS IN LAW 
ENFORCEMENT ACTIVITIES.— 
‘‘(1) IN GENERAL.—The Director of the De-
fense Logistics Agency shall employ in the Defense 
Logistics Agency individuals with expertise in law 
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enforcement to assist the Director in the discharge 
of the functions specified in paragraph (2). The Di-
rector shall ensure that the number of individuals so 
employed is sufficient to ensure the timely assess-
ment of applications described in paragraph (2)(A) 
in order to ensure that no delay occurs in the trans-
fer of eligible defense items under this section by 
reason of such assessments. The Director shall ac-
cord a preference in the employment under this 
paragraph of individuals with experience in law en-
forcement management. 
‘‘(2) FUNCTIONS.—Individuals employed under 
this subsection shall assist the Director in the fol-
lowing: 
‘‘(A) The assessment of applications of 
State and local law enforcement agencies for 
the transfer of eligible defense items in accord-
ance with subsection (j)(3). 
‘‘(B) The determination whether controlled 
defense items that are not eligible for treatment 
as eligible defense items under this section will 
be useful in preventing or mitigating damage 
resulting from an actionable threat to national 
security for purposes of subsection (h)(1). 
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‘‘(f) DETERMINATION AND NOTICE TO PUBLIC ON 
ELIGIBLE DEFENSE ITEMS.— 
‘‘(1) CONTROLLED
DEFENSE
ITEMS
APPRO-
PRIATE
FOR
TREATMENT
AS
ELIGIBLE
DEFENSE 
ITEMS.—The Secretary of Defense shall, acting 
through the Director of the Defense Logistics Agen-
cy, maintain, and periodically update, a list of cur-
rent controlled defense items that are appropriate 
for treatment as eligible defense items for purposes 
of this section. 
‘‘(2) DETERMINATION
OF
CONTROLLED
DE-
FENSE ITEMS AS ELIGIBLE DEFENSE ITEMS.—The 
Director shall, in consultation with the task force 
appointed pursuant to section 4 of the Protecting 
Communities and Police Act of 2015 and in accord-
ance with the regulations for purposes of this section 
under subsection (g), identify controlled defense 
items that are appropriate for treatment as eligible 
defense items for purposes of this section by identi-
fying controlled defense items that— 
‘‘(A) can be readily put to civilian use by 
State and local law enforcement agencies; and 
‘‘(B) are suitable for transfer to State and 
local law enforcement agencies pursuant to this 
section. 
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‘‘(3) AVAILABILITY
TO
PUBLIC
OF
ELIGIBLE 
DEFENSE ITEMS LIST.—Upon a determination pur-
suant to paragraph (2) of controlled defense items 
to be treated as eligible defense items for purposes 
of this section, the Director shall make available to 
the public, on an Internet website of the Department 
of Defense available to the public, a list of all con-
trolled defense items currently treated as eligible de-
fense items for purposes of this section. The Inter-
net website may be a current website of the Depart-
ment or a website of the Department established 
and maintained for purposes of this section. 
‘‘(g) REQUIREMENTS AND LIMITATIONS ON DETER-
MINATIONS OF CONTROLLED DEFENSE ITEMS AS ELIGI-
BLE DEFENSE ITEMS.— 
‘‘(1) REGULATIONS.— 
‘‘(A) REGULATIONS REQUIRED.—The de-
termination under subsection (f)(2) whether a 
controlled defense item is an eligible defense 
item for purposes of this section shall be made 
in accordance with criteria and requirements 
set forth in regulations prescribed by the Direc-
tor of the Defense Logistics Agency, in con-
sultation with the task force appointed pursu-
ant to section 4 of the Protecting Communities 
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and Police Act of 2015. Public notice and com-
ment shall not be required in connection with 
any such determination unless otherwise re-
quired by such regulations. 
‘‘(B) PERIODIC REVIEW REQUIRED.—The 
Director shall, in consultation with the task 
force, review and revise the regulations for pur-
poses of this section not less often than once 
every five years. 
‘‘(C) MANNER OF PRESCRIPTION.—In pre-
scribing or revising regulations under this para-
graph, the Director shall publish a written 
statement from the task force on the extent of 
its approval of such regulations as so prescribed 
or revised. 
‘‘(D) TECHNOLOGICAL
ADVANCES.—The 
Director may, in consultation with the task 
force, update the regulations for purposes of 
this section without regard to formal rule-
making requirements if necessary to respond to 
technological advances and the development of 
new models of items on the list of controlled de-
fense items determined by the Director under 
subsection (f)(2) to be eligible defense items for 
purposes of this section. In so updating the reg-
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ulations, the Director shall publish a written 
statement on the extent of the approval of the 
task force of the regulations as so revised. 
‘‘(2) AUTHORIZED
ELEMENTS.—The regula-
tions for purposes of this section may include the 
following: 
‘‘(A) Tiers of eligibility of State or local 
law enforcement agencies for transfers of eligi-
ble defense items based on types of items, need 
of law enforcement agencies for particular 
items, size and capabilities of law enforcement 
agencies, or such other factors as the Director, 
in consultation with the task force referred to 
in paragraph (1)(B), may specify in the regula-
tions. 
‘‘(B) Restrictions on the numbers or types 
of eligible defense items that may be trans-
ferred to a particular State or local law enforce-
ment agency, within a particular period of time, 
to law enforcement agencies in a particular re-
gion, or such other factors as the Director, in 
consultation with the task force, may specify in 
regulations. 
‘‘(C) Restrictions on the use of particular 
eligible defense items by State or local law en-
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forcement agencies based on size, capability, or 
such other factors the Director, in consultation 
with the task force, may specify in the regula-
tions. 
‘‘(D) Such inventory, accountability, re-
porting, and disposal requirements regarding el-
igible defense items transferred under this sec-
tion as the Director, in consultation with the 
task force, considers appropriate. 
‘‘(E) Requirements for memoranda of un-
derstanding or other appropriate agreements in 
the case of joint use of eligible defense items 
transferred under this section by more than one 
State or local law enforcement agency. 
‘‘(3) PROHIBITION ON TREATMENT OF CERTAIN 
ITEMS AS ELIGIBLE DEFENSE ITEMS.—The regula-
tions for purposes of this section shall prohibit the 
treatment as eligible defense items for purposes of 
this section of the following: 
‘‘(A) Mine Resistant Ambush Protected 
(MRAP) vehicles. 
‘‘(B) Remotely piloted aircraft that are ar-
mored, weaponized, or both. 
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‘‘(C) Aircraft that are combat configured 
or combat coded or have no established com-
mercial flight application. 
‘‘(D) Bayonets. 
‘‘(E) Tasers developed primarily for use by 
the military. 
‘‘(F) Any controlled defense item that can-
not be purchased by State or local law enforce-
ment agencies in the private sector. 
‘‘(G) Any other controlled defense item de-
termined by the Director to be unsuitable for 
use by State or local law enforcement agencies. 
‘‘(4) APPROVAL REQUIRED BEFORE TRANSFER 
OF CERTAIN ITEMS.— 
‘‘(A) IN GENERAL.—If any item specified 
in subparagraph (B) is an eligible defense item 
for purposes of this section, such item may not 
be transferred under this section without the 
approval of the Director, in consultation with 
an individual employed pursuant to subsection 
(e). 
‘‘(B) ITEMS.—The items specified in this 
subparagraph are the following: 
‘‘(i) Weapons over .50 caliber. 
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‘‘(ii) Grenades, flash bang grenades, 
grenade launchers, and grenade launcher 
attachments. 
‘‘(iii) Tactical military vehicles. 
‘‘(5) LIMITATIONS ON TRANSFER OF TACTICAL 
MILITARY VEHICLES TO SMALL LAW ENFORCEMENT 
AGENCIES.—The regulations for purposes of this 
section shall limit the transfer of tactical military ve-
hicles to a State or local law enforcement agency 
with 10 or fewer sworn law enforcement officers as 
follows: 
‘‘(A) If the law enforcement agency has 
one or more functioning tactical military vehi-
cles, a tactical military vehicle may not be 
transferred to the agency. 
‘‘(B) If the law enforcement agency does 
not have a functioning tactical military vehicle, 
not more than one tactical military vehicle may 
be transferred to the agency. 
‘‘(C) If the law enforcement agency is the 
designated procurement agency for a multi-ju-
risdictional joint-use agreement, not more than 
1 tactical military vehicle may be transferred to 
the agency for every 10 sworn law enforcement 
officers covered by the joint-use agreement. 
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‘‘(6) LIMITATION
ON
TRANSFER
OF
CAMOU-
FLAGE UNIFORMS OR CLOTHING.—The regulations 
for purposes of this section shall prohibit the trans-
fer of camouflage uniforms or clothing to a State or 
law enforcement agency unless the law enforcement 
agency certifies that its geographic area of jurisdic-
tion contains environments that may require the use 
of camouflage uniforms or clothing. 
‘‘(7) PROHIBITIONS
ON
TRANSFER
OF
ITEMS 
FOR USE BY SMALL SWAT TEAMS.—The regulations 
for purposes of this section shall prohibit the trans-
fer of eligible defense items under this section for 
use by any SWAT team as follows: 
‘‘(A) A SWAT team composed of fewer 
than 17 sworn law enforcement officers. 
‘‘(B) A SWAT team composed entirely of 
members from a single State or local law en-
forcement agency that has fewer than 35 sworn 
law enforcement officers. 
‘‘(C) A SWAT team composed of members 
from 2 or more State or local law enforcement 
agencies which agencies have, in aggregate, 
fewer than 35 sworn law enforcement officers. 
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‘‘(8) PROHIBITION ON TRANSFER OF CERTAIN 
ITEMS
TO
LAW
ENFORCEMENT
AGENCIES
UNDER 
CONSENT DECREES.— 
‘‘(A) IN
GENERAL.—The regulations for 
purposes of this section shall prohibit the trans-
fer of items specified in subparagraph (B) to a 
State or local law enforcement agency for which 
a consent decree is in effect between the United 
States and the law enforcement agency, or that 
is under investigation by the Department of 
Justice, relating to civil rights abuses or exces-
sive use of force. 
‘‘(B) ITEMS.—The items specified in this 
subparagraph are the following: 
‘‘(i) Weapons. 
‘‘(ii) Tactical military vehicles. 
‘‘(9) TRANSFER TO LOCAL EDUCATION AGEN-
CIES.— 
‘‘(A) PROHIBITION
ON
TRANSFER.—The 
regulations for purposes of this section shall 
prohibit the transfer of eligible defense items to 
any local educational agency or law enforcement 
agency affiliated with a local educational agency 
as follows: 
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‘‘(i) A local educational agency that is 
served by a State or local law enforcement 
agency that— 
‘‘(I) is unaffiliated with the local 
educational agency; and 
‘‘(II) has items or equipment 
identical or similar to the eligible de-
fense items otherwise to be trans-
ferred. 
‘‘(ii) A local educational agency that 
is served by one or more State or local law 
enforcement agencies that are unaffiliated 
with the local educational agency if no 
such serving agency will agree to store and 
maintain the eligible defense items for the 
local educational agency. 
‘‘(B) LIMITATION
ON
USE
OF
FUNDS.— 
The regulations for purposes of this section 
shall provide that a local educational agency 
transferred an eligible defense item under this 
section may not use funds of the local edu-
cational agency— 
‘‘(i) to transport the item to the dis-
trict of the local educational agency; or 
‘‘(ii) to maintain the item. 
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‘‘(10) PROHIBITION
ON
REQUIREMENT
FOR 
TIMELY USE OF TRANSFERRED ITEMS.—The regula-
tions for purposes of this section may not require 
the use of an eligible defense item transferred under 
this section within one year of the receipt of the 
item by the State or local law enforcement agency 
concerned. 
‘‘(h) NATIONAL SECURITY EXCEPTION FOR TRANS-
FER OF CERTAIN CONTROLLED DEFENSE ITEMS NOT 
TREATABLE AS ELIGIBLE DEFENSE ITEMS.— 
‘‘(1) THREATS TO NATIONAL SECURITY.—The 
regulations for purposes of this section under sub-
section (g) shall permit the transfer of a controlled 
defense item that is not treated as an eligible de-
fense item for purposes of this section if— 
‘‘(A) there is an actionable threat to na-
tional security; and 
‘‘(B) the Director of the Defense Logistics 
Agency, in consultation with individuals em-
ployed pursuant to subsection (e), determines 
that the item will be useful in preventing or 
mitigating damage resulting from the threat de-
scribed in subparagraph (A). 
‘‘(2) UPDATE TO LIST.—If an actionable threat 
to national security justifies the transfer of a con-
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trolled defense item under this subsection, the Direc-
tor shall revise the regulations for purposes of this 
section to treat the controlled defense item as an eli-
gible defense item for purposes of this section as 
soon as practicable. A transfer of a controlled de-
fense item may occur in accordance with paragraph 
(1) regardless of whether the update to the regula-
tions for purposes of this section has been made 
under this paragraph at the time of transfer. 
‘‘(3) APPLICABILITY
OF
OTHER
REQUIRE-
MENTS.—If an actionable threat to national security 
justifies the transfer of a controlled defense item 
under this subsection, any requirements, prohibi-
tions, and limitations otherwise applicable to the 
transfer of the item as an eligible defense item 
under this section shall not apply to the transfer of 
the item under this subsection. 
‘‘(4) DISPOSITION OF ITEMS AFTER THREAT.— 
Upon the cessation of the threat to national security 
for which a controlled defense item is transferred 
under this subsection, the State or local law enforce-
ment agency receiving the item shall— 
‘‘(A) arrange for the storage of the item 
with the National Guard of the State con-
cerned; or 
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‘‘(B) if arrangements under subparagraph 
(A) cannot be made, transfer the item to the 
Director. 
‘‘(i) NOTICE TO LAW ENFORCEMENT AGENCIES ON 
AVAILABLE STOCKS OF ELIGIBLE DEFENSE ITEMS.— 
‘‘(1) DLA 
REVIEW
AND
NOTICE
ON
DOD 
STOCKS.—The Director of the Defense Logistics 
Agency shall periodically review the existing stocks 
of the Department of Defense in order to identify 
the type and quantity, if any, of surplus stocks of 
the Department of items that are currently treated 
as eligible defense items for purposes of this section. 
‘‘(2) NOTICE TO LAW ENFORCEMENT AGENCIES 
ON
AVAILABLE
STOCKS
OF
ITEMS.—The Director 
shall make information on the results of reviews 
under paragraph (1) available to the public on the 
Internet website of the Department referred to in 
subsection (f)(3). 
‘‘(j) MECHANISMS OF TRANSFER OF ELIGIBLE DE-
FENSE ITEMS TO LAW ENFORCEMENT AGENCIES.— 
‘‘(1) APPLICATION.—A State or local law en-
forcement agency seeking transfer of eligible defense 
items pursuant to this section shall submit an appli-
cation therefore to the State Coordinator for the 
State in which the law enforcement agency is lo-
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cated. The application shall include a statement of 
the need of the agency for the items and the infor-
mation specified in subsection (l). 
‘‘(2) STATE COORDINATOR REVIEW.—A State 
Coordinator shall review, and approve or disapprove, 
each application submitted to the State Coordinator 
under paragraph (1). In determining whether to ap-
prove or disapprove an application, a State Coordi-
nator shall apply all criteria applicable to the appli-
cation in the regulations for purposes of this section 
under subsection (g). A State Coordinator shall 
transmit each such application, whether approved or 
disapproved, to the Director of the Defense Logistics 
Agency, together with the information specified in 
subsection (l). 
‘‘(3) DIRECTOR OF DLA REVIEW OF APPROVED 
APPLICATIONS.—The Director shall review, and ap-
prove or disapprove, each application transmitted to 
the Director pursuant to paragraph (2) that is ap-
proved by a State Coordinator under that para-
graph. As part of the review of each application, the 
Director shall obtain an assessment of such applica-
tion by an individual employed pursuant to sub-
section (e). 
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