(3) DELAYED LIMITATION PENDING PUBLICA-
TION OF LIST OF ELIGIBLE DEFENSE ITEMS.—Ef-
fective as of the date that is two years after the date 
of the enactment of this Act, no item described in 
paragraph (4) may be transferred under section 
2576a of title 10, United States Code (as so amend-
ed), until the publication under subsection (f)(3) of 
such section of the items determined to be eligible 
defense items for purposes of such section. 
(4) COVERED
ITEMS.—An item described in 
this paragraph is the following: 
(A) A controlled defense item. 
(B) An eligible defense item. 
(C) 
An 
item 
specified 
in 
section 
2576a(g)(4)(B) of title 10, United States Code 
(as so amended). 
(5) DEFINITIONS.—In this subsection, the 
terms ‘‘controlled defense item’’ and ‘‘eligible de-
fense item’’ have the meaning given such terms in 
section 2576a(w) of title 10, United States Code (as 
so amended). 
(c) RESTATEMENT AND MODIFICATION OF CURRENT 
AUTHORITY
FOR TRANSFER
FOR FEDERAL LAW EN-
FORCEMENT
ACTIVITIES.—Chapter 153 of title 10, 
United States Code, is amended— 
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(1) by redesignating section 2576b as section 
2576d; and 
(2) by inserting after section 2576a (as amend-
ed by subsection (a)) the following new sections: 
‘‘§ 2576b. Excess personal property: sale or donation 
of certain non-controlled defense items 
for State or local law enforcement activi-
ties 
‘‘(a) TRANSFER AUTHORIZED.—(1) Notwithstanding 
any other provision of law and subject to subsection (b), 
the Secretary of Defense may transfer to State agencies 
personal property of the Department of Defense that the 
Secretary determines is— 
‘‘(A) not a controlled defense item, an eligible 
defense item, or an item specified in section 
2576a(g)(4)(B) of this title; 
‘‘(B) suitable for use by State agencies in law 
enforcement activities, including counter-drug and 
counter-terrorism activities; and 
‘‘(C) excess to the needs of the Department of 
Defense. 
‘‘(2) The Secretary shall carry out this section in con-
sultation with the Attorney General and the Director of 
National Drug Control Policy. 
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‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary of 
Defense may transfer personal property under this section 
only if— 
‘‘(1) the property is drawn from existing stocks 
of the Department of Defense; 
‘‘(2) the recipient accepts the property on an 
as-is, where-is basis; 
‘‘(3) the transfer is made without the expendi-
ture of any funds available to the Department of 
Defense for the procurement of defense equipment; 
and 
‘‘(4) all costs incurred subsequent to the trans-
fer of the property are borne or reimbursed by the 
recipient. 
‘‘(c) CONSIDERATION.—Subject to subsection (b)(4), 
the Secretary may transfer personal property under this 
section without charge to the recipient agency. 
‘‘(d) DEFINITIONS.—In this section, the terms ‘con-
trolled defense item’ and ‘eligible defense item’ have the 
meaning given such terms in section 2576a(w) of this title. 
‘‘§ 2576c. Excess personal property: sale or donation 
for Federal law enforcement activities 
‘‘(a) TRANSFER AUTHORIZED.—(1) Notwithstanding 
any other provision of law and subject to subsection (b), 
the Secretary of Defense may transfer to Federal agencies 
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personal property of the Department of Defense, including 
small arms and ammunition, that the Secretary deter-
mines is— 
‘‘(A) suitable for use by the agencies in law en-
forcement activities, including counter-drug and 
counter-terrorism activities; and 
‘‘(B) excess to the needs of the Department of 
Defense. 
‘‘(2) The Secretary shall carry out this section in con-
sultation with the Attorney General and the Director of 
National Drug Control Policy. 
‘‘(b) CONDITIONS FOR TRANSFER.—The Secretary of 
Defense may transfer personal property under this section 
only if— 
‘‘(1) the property is drawn from existing stocks 
of the Department of Defense; 
‘‘(2) the recipient accepts the property on an 
as-is, where-is basis; 
‘‘(3) the transfer is made without the expendi-
ture of any funds available to the Department of 
Defense for the procurement of defense equipment; 
and 
‘‘(4) all costs incurred subsequent to the trans-
fer of the property are borne or reimbursed by the 
recipient. 
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‘‘(c) CONSIDERATION.—Subject to subsection (b)(4), 
the Secretary may transfer personal property under this 
section without charge to the recipient agency.’’. 
(d) CLERICAL AMENDMENTS.—The table of sections 
at the beginning of chapter 153 of title 10, United States 
Code, is amended by striking the items relating to sections 
2576a and 2576b and inserting the following new items: 
‘‘2576a. Excess personal property: sale or donation of certain controlled defense 
items for State or local law enforcement activities. 
‘‘2576b. Excess personal property: sale or donation of certain non-controlled de-
fense items for State or local law enforcement activities. 
‘‘2576c. Excess personal property: sale or donation for Federal law enforcement 
activities. 
‘‘2576d. Excess personal property: sale or donation to assist firefighting agen-
cies.’’. 
(e) CJCS DUTY TO ENSURE FEDERAL AGENCY RE-
SPONSIBILITY FOR TRANSFERRED PROPERTY.—Section 
153(a) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (6) as para-
graph (7); and 
(2) by inserting after paragraph (5) the fol-
lowing new paragraph (6): 
‘‘(6) TRANSFERS OF DOD PROPERTY FOR FED-
ERAL
LAW
ENFORCEMENT
ACTIVITIES.—Ensuring 
that Federal agencies to which property of the De-
partment of Defense is transferred pursuant to sec-
tion 2576c of this title accept responsibility for in-
ventory, management, accountability, and disposal of 
such property.’’. 
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SEC. 7. EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE 
GRANTS. 
(a) USE OF FUNDS BY LAW ENFORCEMENT.—Sub-
part 1 of part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 509. USE OF FUNDS BY LAW ENFORCEMENT. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘covered funds’ means funds pro-
vided under this subpart; 
‘‘(2) the term ‘law enforcement agency’— 
‘‘(A) means an agency or entity with law 
enforcement officers— 
‘‘(i) who have arrest and apprehension 
authority; and 
‘‘(ii) whose primary function is to en-
force the laws; 
‘‘(B) includes a local educational agency 
with officers described in subparagraph (A); 
and 
‘‘(C) does not include a firefighting agency 
or entity; 
‘‘(3) the term ‘local educational agency’ has the 
meaning given that term in section 8013(9) of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7713(9)); 
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‘‘(4) the term ‘prohibited item’ means an item 
that the Attorney General determines under sub-
section (b)(1) may not be purchased by a law en-
forcement agency using covered funds; 
‘‘(5) the term ‘special justice item’ means an 
item that the Attorney General determines under 
subsection (b)(1) is not generally issued to a law en-
forcement patrol officer but is suitable for certain 
uses by law enforcement officers in engagements 
with individuals who are not law enforcement offi-
cers; 
‘‘(6) the term ‘SWAT team’ means a Special 
Weapons and Tactics team or other specialized tac-
tical team composed of sworn law enforcement offi-
cers; and 
‘‘(7) the term ‘tactical military vehicle’ means 
an armored vehicle having military characteristics 
resulting from military research and development 
processes, designed primarily for use by forces in the 
field in direct connection with, or support of, combat 
or tactical operations. 
‘‘(b) PURCHASE OF CERTAIN ITEMS BY LAW EN-
FORCEMENT.— 
‘‘(1) LISTS OF PROHIBITED ITEMS AND SPE-
CIAL JUSTICE ITEMS.— 
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‘‘(A) IN GENERAL.—The Attorney General, 
in consultation with the task force appointed 
under section 4 of the Protecting Communities 
and Police Act of 2015, shall— 
‘‘(i) not later than 3 years after the 
date of enactment of the Protecting Com-
munities and Police Act of 2015, create— 
‘‘(I) a list of prohibited items; 
and 
‘‘(II) a list of special justice 
items; and 
‘‘(ii) review and revise each list cre-
ated under clause (i) not less often than 
once every 5 years. 
‘‘(B) 
SPECIFIC
ITEMS.—The 
Attorney 
General shall place each of the following items 
on the list of prohibited items or the list of spe-
cial justice items: 
‘‘(i) Weapons over .50 caliber. 
‘‘(ii) Tactical military vehicles. 
‘‘(iii) Other tactical military equip-
ment. 
‘‘(iv) Tactical law enforcement bal-
listic protection equipment other than bal-
listic vests, including ballistic helmets, bal-
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listic shields, battle dress uniforms, and 
camouflage uniforms and clothing. 
‘‘(v) Grenades, flash bang grenades, 
grenade launchers, and grenade launcher 
attachments. 
‘‘(C) PUBLICATION.—The Attorney Gen-
eral shall publish each list created under sub-
paragraph (A) on the website of the Depart-
ment of Justice and in the Federal Register. 
‘‘(2) PROHIBITED ITEMS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a law enforcement agency 
may not use covered funds to purchase a pro-
hibited item or receive a prohibited item that 
was purchased using covered funds. 
‘‘(B) EXCEPTION.— 
‘‘(i) THREATS
TO
NATIONAL
SECU-
RITY.—A law enforcement agency may 
purchase a prohibited item using covered 
funds, or receive a prohibited item that 
was purchased using covered funds, if— 
‘‘(I) the Attorney General deter-
mines that the prohibited item will be 
useful in preventing or mitigating 
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damage resulting from a threat to na-
tional security; 
‘‘(II) the law enforcement agency 
has in place an agreement with the 
National Guard of the State in which 
the law enforcement agency is located 
for the storage of the restricted item 
at a National Guard site; and 
‘‘(III) the law enforcement pro-
vides a copy of the agreement de-
scribed in subclause (II) to the Attor-
ney General. 
‘‘(ii) UPDATE TO LIST.—If a threat to 
national security justifies the purchase of a 
prohibited item under clause (i), the Attor-
ney General shall publish an updated list 
of prohibited items or special justice items, 
as appropriate, under paragraph (1)(C) as 
soon as practicable. 
‘‘(3) AUTHORITY
TO
PRESCRIBE
REGULA-
TIONS.— 
‘‘(A) IN GENERAL.—The Attorney General 
may prescribe regulations that place restrictions 
and limitations on special justice items that 
may be purchased by law enforcement agencies 
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using covered funds, based on the appropriate-
ness of the use of the items in law enforcement 
activities. 
‘‘(B) AUTHORIZED ELEMENTS.—The regu-
lations prescribed by the Attorney General 
under subparagraph (A) may include the fol-
lowing: 
‘‘(i) Tiers of eligibility of law enforce-
ment agencies to purchase special justice 
items using covered funds based on need of 
law enforcement agencies for particular 
items, size and capabilities of law enforce-
ment agencies, or such other factors as the 
Attorney General may specify in the regu-
lations. 
‘‘(ii) Restrictions on the numbers or 
types of special justice items that may be 
purchased by a particular law enforcement 
agency using covered funds, within a par-
ticular period of time, to law enforcement 
agencies in a particular region, or such 
other factors as the Attorney General may 
specify in regulations. 
‘‘(iii) Restrictions on the use of par-
ticular special justice items by law enforce-
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ment agencies purchased using covered 
funds based on size, capability, or such 
other factors the Attorney General may 
specify in the regulations. 
‘‘(iv) Requirements for memoranda of 
understanding or other appropriate agree-
ments in the case of joint use of special 
justice items, purchased using covered 
funds, by more than 1 law enforcement 
agency. 
‘‘(c) OTHER RESTRICTIONS AND LIMITATIONS ON 
USE OF COVERED FUNDS.— 
‘‘(1) PURCHASE
OF
SPECIAL
JUSTICE
ITEMS 
USING COVERED FUNDS.— 
‘‘(A) IN
GENERAL.—A law enforcement 
agency may not receive or use covered funds to 
purchase a special justice item unless the law 
enforcement agency— 
‘‘(i) except as provided in subpara-
graph (B), publishes a needs justification 
statement— 
‘‘(I) on its website, on the 
website of its governing body, or in a 
manner and location in which the 
needs justification statement can be 
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easily viewed by the residents in the 
area in which the law enforcement 
agency has jurisdiction; 
‘‘(II) that, except as provided in 
subclause (III), includes the informa-
tion required under subparagraph (C); 
and 
‘‘(III) from which the law en-
forcement agency may redact— 
‘‘(aa) the information re-
quired under clause (x) or (xi) of 
subparagraph (C); and 
‘‘(bb) with respect to the 
training records required under 
clause (vi), any personally identi-
fiable information and all but the 
title and subject of such training 
courses; 
‘‘(ii) obtains the approval of the head 
of the State, political subdivision of a 
State, or Indian tribe of which the law en-
forcement agency is an agency before re-
questing the covered funds; and 
‘‘(iii) submits the needs justification 
statement, including all information re-
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quired under subparagraph (C), to the en-
tity from which the law enforcement agen-
cy is to receive the covered funds. 
‘‘(B) ONGOING
OPERATIONS.—The re-
quirements under subparagraph (A)(i) shall not 
apply to a law enforcement agency that receives 
or uses covered funds to purchase a special jus-
tice item to be used in an active, ongoing 
counterterrorism or undercover operation. 
‘‘(C) 
NEEDS
JUSTIFICATION
STATE-
MENTS.—A needs justification statement of a 
law enforcement agency shall include the fol-
lowing: 
‘‘(i) The number and type of special 
justice items proposed to be purchased. 
‘‘(ii) The number of sworn law en-
forcement officers of the law enforcement 
agency. 
‘‘(iii) The number, if any, of items 
similar to the special justice item that the 
law enforcement agency has in good work-
ing condition. 
‘‘(iv) The number and type of items, 
if any, that the law enforcement agency 
has that were— 
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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— 
‘‘(aa) the Urban Area Secu-
rity Initiative authorized under 
section 2003 of the Homeland 
Security Act of 2002 (6 U.S.C. 
604); or 
‘‘(bb) the State Homeland 
Security Grant Program author-
ized under section 2004 of the 
Homeland Security Act of 2002 
(6 U.S.C. 605) during the 5-year 
period preceding the date on 
which the statement is published. 
‘‘(v) The use of force policy of the law 
enforcement agency. 
‘‘(vi) Whether the law enforcement 
agency intends to have a SWAT team use 
the special justice item and, if so, the 
training records of the SWAT team, in-
cluding the course outlines of such train-
ing. 
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‘‘(vii) Whether the law enforcement 
agency has or plans to adopt a memo-
randum of understanding or other joint 
use agreement for the shared use of the 
special justice item with any other law en-
forcement agency. 
‘‘(viii) The capability gap to be filled 
by the special justice item, and a descrip-
tion of the proposed use of the special jus-
tice item by the law enforcement agency. 
‘‘(ix) Whether a consent decree is in 
effect between the United States and the 
law enforcement agency relating to civil 
rights abuses or excessive use of force. 
‘‘(x) Whether the law enforcement 
agency is currently under investigation, or 
has been under investigation during the 
preceding 10 years, by the Department of 
Justice, an inspector general, or any equiv-
alent State or local entity for civil rights 
abuses or excessive use of force. 
‘‘(xi) Whether the head of the law en-
forcement agency has ever been determined 
by the Department of Justice, an inspector 
general, or any equivalent State or local 
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entity to have engaged in civil rights 
abuses or excessive use of force, if such in-
formation is publicly available. 
‘‘(xii)(I) Whether the law enforcement 
agency requested funds from a regional, 
State, or local political entity to purchase 
the requested item; 
‘‘(II) if the law enforcement agency 
requested funds from a regional, State, or 
local political entity and the request was 
denied, a statement of the reason or rea-
sons for the denial; and 
‘‘(III) if the law enforcement agency 
did not request funds from a regional, 
State, or local political entity, a statement 
explaining why the law enforcement agency 
did not do so. 
‘‘(xiii) A certification that any item 
purchased using covered funds has not 
been, and will not be, used by a SWAT 
team of the law enforcement agency engag-
ing in routine patrol-related incidents, non- 
tactical incidents, or non-tactical assign-
ments. 
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‘‘(xiv) Any other information on the 
recent record of the law enforcement agen-
cy regarding civil rights and the excessive 
use of force that the Attorney General de-
termines appropriate. 
‘‘(2) RESTRICTIONS ON SMALL LAW ENFORCE-
MENT AGENCIES.— 
‘‘(A) PROHIBITION ON PURCHASE OF TAC-
TICAL MILITARY VEHICLES BY SMALL LAW EN-
FORCEMENT
AGENCIES.—A law enforcement 
agency with 10 or fewer sworn law enforcement 
officers— 
‘‘(i) that has 1 or more functioning 
tactical military vehicles may not use cov-
ered funds to purchase a tactical military 
vehicle; 
‘‘(ii) that does not have a functioning 
tactical military vehicle may use covered 
funds to purchase not more than 1 tactical 
military vehicle; or 
‘‘(iii) that is the designated procure-
ment agency for a multi-jurisdictional 
joint-use agreement may use covered funds 
for the purchase of more than 1 tactical 
military vehicle, or receive more than 1 
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tactical military vehicle purchased using 
covered funds, if the agency purchases or 
receives not more than 1 tactical military 
vehicle for every 10 sworn law enforcement 
officers covered by the joint-use agreement. 
‘‘(B) LIMITATION ON USE OF ITEMS BY 
SMALL
SWAT
TEAMS.—A special justice item 
purchased using covered funds may not be used 
by— 
‘‘(i) a SWAT team composed of fewer 
than 17 sworn law enforcement officers; 
‘‘(ii) a SWAT team composed entirely 
of members from a single law enforcement 
agency that has fewer than 35 sworn law 
enforcement officers; or 
‘‘(iii) a SWAT team composed of 
members from 2 or more law enforcement 
agencies which agencies have, in aggregate, 
fewer than 35 sworn law enforcement offi-
cers. 
‘‘(3) RESTRICTIONS
ON
LOCAL
EDUCATION 
AGENCIES.— 
‘‘(A) PROHIBITION ON USE OF COVERED 
FUNDS.—A local educational agency, or a law 
enforcement agency affiliated with a local edu-
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cation agency, may not use covered funds to 
purchase a tactical military vehicle if— 
‘‘(i) the local educational agency is 
served by a law enforcement agency that— 
‘‘(I) is unaffiliated with the local 
education agency; and 
‘‘(II) has a tactical military vehi-
cle; or 
‘‘(ii) the local educational agency is 
served by 1 or more law enforcement agen-
cies that are unaffiliated with the local 
education agency and no such serving 
agency will agree to store and maintain the 
tactical military vehicle for the local edu-
cational agency. 
‘‘(B) LIMITATION
ON
USE
OF
COVERED 
FUNDS.—A local educational agency that pur-
chases a tactical military vehicle using covered 
funds may not use funds of the local edu-
cational agency— 
‘‘(i) to transport the tactical military 
vehicle to the district of the local edu-
cational agency; or 
‘‘(ii) to maintain the tactical military 
vehicle. 
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‘‘(4) CAMOUFLAGE UNIFORMS OR CLOTHING.— 
A law enforcement agency may only use funding 
provided under this subpart to purchase camouflage 
uniforms or clothing if the camouflage uniforms or 
clothing are for use by a SWAT team that dem-
onstrates a legitimate geographic or environmental 
need for camouflage uniforms or clothing based on 
the physical environment in which the SWAT team 
operates. 
‘‘(5) APPROVAL REQUIRED FOR PURCHASE OF 
CERTAIN ITEMS.— 
‘‘(A) NO DELEGATION OF AUTHORITY.— 
The Attorney General may not delegate the au-
thority to approve an application for a grant 
under this subpart if the application proposes 
to use funds for the purchase of an item speci-
fied in subparagraph (B). 
‘‘(B) ITEMS.—The items specified in this 
subparagraph are the following: 
‘‘(i) Weapons over .50 caliber. 
‘‘(ii) Grenades, flash bang grenades, 
grenade launchers, and grenade launcher 
attachments. 
‘‘(iii) Tactical military vehicles. 
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‘‘(6) LAW
ENFORCEMENT
AGENCIES
UNDER 
CONSENT DECREES.—A law enforcement agency for 
which a consent decree is in effect between the 
United States and the law enforcement agency, or 
that is under investigation by the Department of 
Justice, relating to civil rights abuses or excessive 
use of force may not use covered funds to purchase 
any weapon or tactical military vehicle. 
‘‘(7) TRANSPORTATION
COSTS.—No covered 
funds may be used to pay the cost of transporting 
an eligible defense item transferred to a law enforce-
ment agency under section 2576a of title 10, United 
States Code. 
‘‘(d) TRAINING AND CERTIFICATION.— 
‘‘(1) STATE CERTIFICATION OF LAW ENFORCE-
MENT INSTRUCTORS.— 
‘‘(A) IN GENERAL.—On and after the date 
that is 3 years after the date of enactment of 
the Protecting Communities and Police Act of 
2015, a State, and any law enforcement agency 
of or in the State, may not receive or use cov-
ered funds to purchase a special justice item 
unless the chief executive of the State certifies 
to the Attorney General that the State conducts 
a program for certifying law enforcement in-
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100 
structors in the provision of training that meets 
the requirements under subparagraph (B). 
‘‘(B) PROGRAM REQUIREMENTS.—The re-
quirements for a program described in subpara-
graph (A) are the following: 
‘‘(i) The program shall include in-
struction in training on the following: 
‘‘(I) The use of force by law en-
forcement officers in the ordinary 
course of their duties. 
‘‘(II) The use of special justice 
items by law enforcement officers in 
the ordinary course of their duties. 
‘‘(III) The use of special justice 
items by SWAT teams. 
‘‘(IV) The appropriate deploy-
ment of SWAT teams. 
‘‘(V) Civil rights and civil lib-
erties. 
‘‘(VI) Any other matters on the 
training of law enforcement officers 
that the head of the State law en-
forcement agency considers appro-
priate. 
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‘‘(ii) A list of the instructors who are 
certified pursuant to the program or pur-
suant to the program conducted by the 
Secretary of Homeland Security under sec-
tion 2010 of the Homeland Security Act of 
2002 shall be maintained and published. 
‘‘(C) DISCHARGE THROUGH EXISTING PRO-
GRAMS.—A State may satisfy the requirement 
under subparagraph (A) using a program in ef-
fect on the date that is 3 years after the date 
of the enactment of the Protecting Commu-
nities and Police Act of 2015 if such program 
satisfies the requirements in subparagraph (B). 
‘‘(2) MINIMUM
ANNUAL
TRAINING
REQUIRE-
MENTS.— 
‘‘(A) ESTABLISHMENT.—On and after the 
date that is 3 years after the date of enactment 
of the Protecting Communities and Police Act 
of 2015, a State, and a unit of local govern-
ment within the State, may not receive covered 
funds unless the State establishes minimum an-
nual training requirements for all law enforce-
ment officers in the State, including— 
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‘‘(i) specialized leadership training re-
quirements for chiefs of police or other de-
partment heads who have— 
‘‘(I) decisionmaking authority on 
the deployment of SWAT teams and 
tactical military vehicles; or 
‘‘(II) responsibility for drafting 
policies on the use of force and SWAT 
team deployment; 
‘‘(ii) specialized SWAT team training 
requirements for all SWAT team members; 
‘‘(iii) training in appropriate crowd- 
control tactics; and 
‘‘(iv) not less than 1 training session 
on sensitivity, including training on ethnic 
and racial bias, cultural diversity, and law 
enforcement interaction with disabled indi-
viduals, mentally ill individuals, and new 
immigrants. 
‘‘(B) FEDERALLY
CERTIFIED
OR
STATE- 
CERTIFIED
INSTRUCTORS.—The training re-
quirements established by a State under sub-
paragraph (A) may only be satisfied through 
training conducted by an instructor certified 
under— 
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103 
‘‘(i) a program conducted by the Sec-
retary of Homeland Security under section 
2010 of the Homeland Security Act of 
2002; or 
‘‘(ii) a program conducted by a State 
under paragraph (1). 
‘‘(C) 
CERTIFICATION
OF
COMPLETED 
TRAINING.—On and after the date that is 1 
year after the date on which a program is es-
tablished under paragraph (1), a law enforce-
ment agency may not receive covered funds un-
less the law enforcement agency certifies to the 
Attorney General that each sworn law enforce-
ment officer employed by the law enforcement 
agency has met all applicable minimum annual 
training requirements established by the State 
in which the law enforcement agency is located 
under subparagraph (A) of this paragraph. 
‘‘(D) FALSE CERTIFICATION.—The Attor-
ney General shall suspend or terminate the eli-
gibility of a law enforcement agency to receive 
covered funds if the law enforcement agency in-
tentionally submits a false certification under 
subparagraph (C) that a law enforcement offi-
cer has met the minimum annual training re-
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104 
quirements established by the State in which 
the law enforcement agency is located under 
subparagraph (A). 
‘‘(E) SATISFACTION BY RECENT HIREES.— 
The requirements under subparagraph (A) shall 
provide for the first completion of the training 
concerned by an individual who becomes an offi-
cer in a law enforcement agency or becomes a 
member of a SWAT team by not later than 1 
year after the date on which the individual be-
comes an officer in the law enforcement agency 
or becomes a member of a SWAT team, as ap-
plicable. 
‘‘(3) BEST PRACTICES.— 
‘‘(A) IN GENERAL.—On and after the date 
that is 2 years after the date of enactment of 
the Protecting Communities and Police Act of 
2015, the Attorney General shall publish, peri-
odically review, distribute to each State or unit 
of local government that applies for a grant 
under this subpart, and require each such State 
or unit of local government to distribute to each 
organization or unit of local government with 
respect to which the State or unit of local gov-
ernment enters into a contract or makes a 
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subaward under section 501(b), best practices 
for— 
‘‘(i) training law enforcement officers 
and the use of lethal and non-lethal force 
by law enforcement officers; 
‘‘(ii) training, use, and deployment of 
SWAT teams; and 
‘‘(iii) community-oriented police ef-
forts. 
‘‘(B) ATTORNEY
GENERAL
UPDATES
TO 
CONGRESS REGARDING DELAY IN PUBLICATION 
OF BEST PRACTICES.—On and after the date 
that is 2 years after the date of enactment of 
the Protecting Communities and Police Act of 
2015, if the Attorney General has not published 
the best practices required under subparagraph 
(A), the Attorney General shall provide quar-
terly updates to Congress on the reason for the 
delay in publication and the expected date of 
publication. 
‘‘(e) REPORTING AND POLICY REQUIREMENTS.— 
‘‘(1) REPORTING
AND
RECORDKEEPING
RE-
QUIREMENTS FOR GRANT FUNDING RECIPIENTS.— 
‘‘(A) 
SWAT 
TEAM
DEPLOYMENT 
RECORDS.—A law enforcement agency that re-
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ceives covered funds shall maintain a record of 
each deployment of a SWAT team by the law 
enforcement agency, which shall include— 
‘‘(i) the type of police activity for 
which the SWAT team is deployed; 
‘‘(ii) the rationale for the deployment; 
‘‘(iii) the nexus between— 
‘‘(I) the use of force policy and 
SWAT team policy of the law enforce-
ment agency; and 
‘‘(II) the police activity for which 
the SWAT team is deployed; and 
‘‘(iv) a description, written after the 
deployment, of whether force or weapons 
were used by or against the law enforce-
ment officers serving on the SWAT team. 
‘‘(B) EQUIPMENT PURCHASED.—A law en-
forcement agency that purchases equipment 
using covered funds shall submit to the Attor-
ney General a report describing the quantity 
and type of equipment purchased. 
‘‘(2) DOJ REPORTS.— 
‘‘(A) SPECIAL JUSTICE ITEMS.—The At-
torney General shall publish and submit to Con-
gress, the Secretary of Defense, and the Sec-
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retary of Homeland Security an annual report 
on special justice items that includes, with re-
spect to the preceding year— 
‘‘(i) the number and type of special 
justice items purchased using covered 
funds; and 
‘‘(ii) an appendix describing— 
‘‘(I) each law enforcement agency 
that used covered funds to purchase a 
special justice item; 
‘‘(II) the number of each special 
justice item described in subclause (I) 
purchased by each law enforcement 
agency; and 
‘‘(III) a summary of the needs 
justification 
statement 
submitted 
under subsection (c)(1)(A)(i) by each 
law enforcement agency described in 
subclause (I) of this clause. 
‘‘(B) CRIME RATES.—The Attorney Gen-
eral shall collect and publish data on crime 
rates over time for each jurisdiction in which a 
law enforcement agency receives covered funds. 
‘‘(C) DOJ 
GUIDES
AND
BEST
PRAC-
TICES.—The Attorney General shall conduct 
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periodic surveys on the use of materials pub-
lished by the Attorney General in print and on-
line relating to local law enforcement training 
and the use of force, including lethal and non- 
lethal force. 
‘‘(f) WHISTLEBLOWER
AND INDEPENDENT OVER-
SIGHT REQUIREMENTS.— 
‘‘(1) WHISTLEBLOWER REQUIREMENTS.—On or 
after the date that is 3 years after the date of enact-
ment of the Protecting Communities and Police Act 
of 2015, a State or unit of local government of a 
State may not receive covered funds unless the chief 
executive of the State certifies to the Attorney Gen-
eral that the State— 
‘‘(A) has in place— 
‘‘(i) a program, including a public 
complaint hotline, that provides individuals 
the ability to disclose any— 
‘‘(I) misuse of equipment pur-
chased using covered funds; or 
‘‘(II) other waste, fraud, or abuse 
in connection with the use of covered 
funds; and 
‘‘(ii) mechanisms (commonly referred 
to as ‘whistleblower protections’) to protect 
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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 covered 
funds unless the head of the law enforcement 
agency submits to the Attorney General a writ-
ten certification (in the form of a memorandum 
of understanding, memorandum of agreement, 
or letterhead correspondence) that an entity 
that is unaffiliated with the law enforcement 
agency is authorized— 
‘‘(i) to receive any complaints regard-
ing the use of special justice items and 
covered funds of the law enforcement agen-
cy; 
‘‘(ii) to periodically review and assess 
the use of special justice items and covered 
funds by the law enforcement agency; and 
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‘‘(iii) to make recommendations to the 
law enforcement agency regarding the use 
of special justice items and covered funds 
by the law enforcement agency that are ei-
ther— 
‘‘(I) non-binding in character; or 
‘‘(II) binding in character, if au-
thorized by— 
‘‘(aa) a law or ordinance 
governing the law enforcement 
agency or the entity; or 
‘‘(bb) an agreement between 
the governing body of the law en-
forcement agency and organiza-
tions representing law enforce-
ment officers of the law enforce-
ment agency. 
‘‘(B) DISCHARGE THROUGH EXISTING EN-
TITIES.—A law enforcement agency may satisfy 
the requirement in subparagraph (A) through 
an entity that exists as of the date of the enact-
ment of the Protecting Communities and Police 
Act of 2015, including an independent review 
board, a Federal, State, or local inspector gen-
eral, a Federal, State, county, or city attorney 
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general, a district attorney, the Federal Bureau 
of Investigation or another Federal agency, a 
State agency, a State or local governing body 
(such as a city council or county commission), 
a law enforcement council, or an independent 
entity established by one or more such officials, 
agencies, or entities on behalf of one or more 
law enforcement agencies. 
‘‘(g) SUSPENSION AND TERMINATION.— 
‘‘(1) FOR LOST OR STOLEN ITEMS.—If a special 
justice item purchased by a law enforcement agency 
using covered funds is lost, stolen, or misappro-
priated— 
‘‘(A) in the case of an offensive weapon or 
ordnance— 
‘‘(i) on the first occurrence in the case 
of the law enforcement agency, the Attor-
ney General, after providing the law en-
forcement agency with notice and the op-
portunity to contest the allegation, shall 
suspend the law enforcement agency from 
eligibility to receive covered funds for a pe-
riod of not less than 6 months; and 
‘‘(ii) on the subsequent occurrence in 
the case of the law enforcement agency, 
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112 
the Attorney General, after providing the 
law enforcement agency with notice and 
the opportunity to contest the allegation, 
shall terminate the law enforcement agency 
from eligibility to receive covered funds; 
and 
‘‘(B) in the case of a special justice item 
not described in subparagraph (A)— 
‘‘(i) on the third occurrence in the 
case of the law enforcement agency, the 
Director, after providing the law enforce-
ment agency with notice and the oppor-
tunity to contest the allegation, shall sus-
pend the law enforcement agency from eli-
gibility to receive covered funds for a pe-
riod of 6 months; and 
‘‘(ii) on any subsequent occurrence in 
the case of the law enforcement agency, 
the Director, after providing the law en-
forcement agency with notice and the op-
portunity to contest the allegation, shall 
suspend the law enforcement agency from 
eligibility to receive covered funds for a pe-
riod of 3 years. 
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‘‘(2) INTENTIONAL FALSIFICATION OF INFOR-
MATION.—If a law enforcement agency is determined 
by the Attorney General to have intentionally fal-
sified any information relating to the use of covered 
funds, the Attorney General, after providing the law 
enforcement agency with notice and the opportunity 
to contest the determination, shall terminate the law 
enforcement agency from eligibility to receive cov-
ered funds. 
‘‘(h) ADDITIONAL PROGRAM OVERSIGHT.— 
‘‘(1) ATTORNEY GENERAL OBLIGATIONS.— 
‘‘(A) SUBGRANTEE
OVERSIGHT.—In con-
ducting oversight of the use of covered funds, 
the Attorney General shall conduct inspections 
of some local law enforcement agencies that re-
ceive covered funds through a subaward under 
section 501(b), to ensure compliance with this 
section. 
‘‘(B) LAW ENFORCEMENT EXPERTISE.— 
‘‘(i) ESTABLISHMENT OF POSITION.— 
The Attorney General shall appoint indi-
viduals with expertise in State and local 
law enforcement agency functions to posi-
tions within the Bureau to assist the At-
torney General in assessing grant applica-
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tions under this subpart by determining 
whether equipment proposed to be pur-
chased by a law enforcement agency using 
covered funds is— 
‘‘(I) appropriate to the mission of 
the law enforcement agency; and 
‘‘(II) necessary based on the 
needs justification statement sub-
mitted by the law enforcement agency 
under subsection (c)(1)(A)(iii). 
‘‘(ii) NUMBER OF INDIVIDUALS.—The 
Attorney General shall appoint as many in-
dividuals under clause (i) as necessary to 
ensure that— 
‘‘(I) not less than 1 such indi-
vidual is involved in the determination 
under clause (i) for each grant appli-
cation under this subpart; and 
‘‘(II) the involvement of such in-
dividuals in the process of assessing 
grant applications under this subpart 
does not delay the process. 
‘‘(iii) MANAGERIAL EXPERIENCE PRE-
FERRED.—In appointing individuals under 
clause (i), the Attorney General shall give 
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preference to individuals with law enforce-
ment managerial expertise. 
‘‘(2) GRANT RECIPIENT OBLIGATIONS.— 
‘‘(A) RECORDING
SWAT
TEAM
DEPLOY-
MENTS.—A law enforcement agency may not 
use covered funds to purchase any item for use 
by a SWAT team unless the law enforcement 
agency— 
‘‘(i) certifies to the Attorney General 
that a video recording shall be made of 
each SWAT team deployment involving the 
use of the item; and 
‘‘(ii) develops, implements, and pub-
lishes a policy for video recording SWAT 
team deployments that— 
‘‘(I) describes the appropriate 
use of video recording equipment, in-
cluding 
whether 
such 
equipment 
should be left on at all times; 
‘‘(II) includes mechanisms to 
preserve, to the extent practicable, the 
integrity and security of a video re-
cording, including— 
‘‘(aa) a description of the 
personnel of the law enforcement 
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agency, and other parties, who 
are authorized to access the re-
cording; 
‘‘(bb) mechanisms for the 
storage of the recording; and 
‘‘(cc) measures to ensure the 
cybersecurity of the recording (if 
applicable to the storage, reten-
tion, and retrieval of the record-
ing); 
‘‘(III) includes policies on the au-
thorized and unauthorized public re-
lease of a video recording; and 
‘‘(IV) includes a requirement 
that any video recording of an inter-
action between a law enforcement offi-
cer and an individual who is not a law 
enforcement officer involving the use 
of force (whether deadly or otherwise) 
shall be retained by the law enforce-
ment agency for a period not shorter 
than the period of limitation in the 
State concerned for actions for civil 
rights violations under section 1979 of 
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117 
the Revised Statutes (42 U.S.C. 
1983). 
‘‘(B) USE OF BODY CAMERAS BY LAW EN-
FORCEMENT
OFFICERS.—A law enforcement 
agency that uses covered funds to purchase or 
maintain a body camera, or for related costs, 
shall have in place, and make available to the 
public, a policy on the use of a body camera by 
a law enforcement officer that includes— 
‘‘(i) a policy on the appropriate use of 
a body camera, including whether the cam-
era should be left on at all times; 
‘‘(ii) mechanisms to preserve, to the 
extent practicable, the integrity and secu-
rity of a video recording made by a body 
camera, including— 
‘‘(I) a description of the per-
sonnel of the law enforcement agency, 
and other parties, who are authorized 
to access the recording; 
‘‘(II) mechanisms for the storage 
of the recording; and 
‘‘(III) measures to ensure the cy-
bersecurity of the recording (if appli-
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118 
cable to the storage, retention, and re-
trieval of the recording); 
‘‘(iii) a policy on the authorized and 
unauthorized public release of a video re-
cording; and 
‘‘(iv) a requirement that any video re-
cording of an interaction between a law en-
forcement officer and an individual who is 
not a law enforcement officer involving the 
use of force (whether deadly or otherwise) 
shall retained by the law enforcement 
agency for a period not shorter than the 
period of limitation in the State concerned 
for actions for civil rights violations under 
section 1979 of the Revised Statutes (42 
U.S.C. 1983).’’. 
(b) PROHIBITED USES OF COVERED FUNDS.—Sec-
tion 501(d)(2) of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3751(d)(2)) is 
amended— 
(1) 
by 
redesignating 
subparagraphs 
(B) 
through (E) as subparagraphs (C) through (F), re-
spectively; and 
(2) by inserting after subparagraph (A) the fol-
lowing: 
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‘‘(B) unmanned aerial vehicles, unmanned 
aircraft, or unmanned aircraft systems;’’. 
(c) FUNDS FOR BODY CAMERAS.—Section 505(b) of 
title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3755(b)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘60 percent’’ and inserting 
‘‘57.5 percent’’; and 
(B) by striking ‘‘and’’ at the end; 
(2) in paragraph (2)— 
(A) by striking ‘‘40 percent’’ and inserting 
‘‘37.5 percent’’; and 
(B) by striking the period at the end and 
inserting a semicolon; and 
(3) by adding at the end the following: 
‘‘(3) 2.5 percent shall be for direct grants to 
States for the purchase or maintenance of body cam-
eras, dashboard cameras, or gun cameras for law en-
forcement agencies and related costs; and 
‘‘(4) 2.5 percent shall be for direct grants to 
units of local government for the purchase or main-
tenance of body cameras, dashboard cameras, or gun 
cameras for law enforcement agencies and related 
costs.’’. 
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SEC. 8. DEPARTMENT OF JUSTICE REPORTS ON SWAT 
TEAMS. 
(a) DEFINITION.—In this section, the term ‘‘SWAT 
team’’ means a Special Weapons and Tactics team or 
other specialized tactical team composed of sworn law en-
forcement officers. 
(b) COLLECTION AND ANALYSIS OF DATA.—The At-
torney General shall collect and analyze data on the use 
of SWAT teams by Federal, State, local, and tribal law 
enforcement agencies. 
(c) TYPE OF DATA.—The data collected and analyzed 
by the Attorney General under subsection (b) shall in-
clude— 
(1) the number of deployments of SWAT 
teams; 
(2) the reason for each deployment of a SWAT 
team; 
(3) the composition of each SWAT team, in-
cluding, at minimum, the number of members on 
each SWAT team; 
(4) the number of law enforcement agencies 
with SWAT teams, categorized by the overall size of 
the law enforcement agencies; 
(5) the number of SWAT teams composed of 
officers from multiple law enforcement agencies; 
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(6) the amount of initial training and ongoing 
training of SWAT teams being conducted; 
(7) the community outreach undertaken to ex-
plain and publicize SWAT team deployment policies; 
(8) information on the deployment of SWAT 
teams in low-income neighborhoods; and 
(9) any other information that the Attorney 
General determines to be relevant. 
(d) PUBLIC AVAILABILITY OF DATA.—Not less fre-
quently than once every 6 months, the Attorney General 
shall publish the data collected under subsection (b). 
(e) REPORT.—Not less frequently than once every 5 
years, the Attorney General shall publish a report that 
contains the analysis conducted under subsection (b). 
SEC. 9. FEDERAL LAW ENFORCEMENT TRAINING CENTER 
CERTIFICATION OF INSTRUCTORS IN TRAIN-
ING ON USE OF FORCE AND SPECIAL EQUIP-
MENT. 
(a) IN GENERAL.—Subtitle A of title XX of the 
Homeland Security Act of 2002 (6 U.S.C. 603 et seq.), 
as amended by this Act, is amended by adding at the end 
the following: 
‘‘SEC. 2010. CERTIFICATION OF INSTRUCTORS IN TRAINING 
ON USE OF FORCE AND SPECIAL EQUIPMENT. 
‘‘(a) DEFINITIONS.—In this section— 
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‘‘(1) the term ‘eligible defense item’ has the 
meaning given the term in section 2576a(w) of title 
10, United States Code; 
‘‘(2) the terms ‘law enforcement agency’, ‘re-
stricted item’, and ‘SWAT team’ have the meanings 
given those terms in section 2009(a); and 
‘‘(3) the term ‘special justice item’ has the 
meaning given the term in section 509(a) of the Om-
nibus Crime Control and Safe Streets Act of 1968. 
‘‘(b) CERTIFICATION
OF INSTRUCTORS.—On and 
after the date that is 3 years after the date of enactment 
of the Protecting Communities and Police Act of 2015, 
the Secretary shall, through the Federal Law Enforcement 
Training Center, conduct programs to certify instructors 
to conduct training courses on law enforcement tactics for 
State, local, and tribal law enforcement agencies. 
‘‘(c) ELEMENTS.—The programs conducted under 
this section shall include instruction in training on the fol-
lowing: 
‘‘(1) The use of force by State, local, and tribal 
law enforcement officers in the ordinary course of 
their duties. 
‘‘(2) The use of restricted items, eligible defense 
items, and special justice items by State, local, and 
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tribal law enforcement officers in the ordinary 
course of their duties. 
‘‘(3) The use of restricted items, eligible defense 
items, and special justice items by SWAT teams. 
‘‘(4) The appropriate deployment of SWAT 
teams. 
‘‘(5) Any other matters on the training of 
State, local, and tribal law enforcement officers that 
the Secretary considers appropriate. 
‘‘(d) LIST OF CERTIFIED INSTRUCTORS.—The Sec-
retary shall maintain and publish a list of instructors who 
are certified pursuant to a program conducted under this 
section. 
‘‘(e) ADMINISTRATION OF STATE PROGRAMS.—The 
Federal Law Enforcement Training Center may enter into 
an agreement with a State to— 
‘‘(1) manage or implement the State’s program 
for law enforcement instructor certification described 
in— 
‘‘(A) section 2009(d)(1)(A) of this Act; 
‘‘(B) section 2576a(o)(1) of title 10, 
United States Code; or 
‘‘(C) section 509(d)(1)(A) of the Omnibus 
Crime Control and Safe Streets Act of 1968; or 
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‘‘(2) provide certified instructors for a program 
described in paragraph (1).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of contents in section 1(b) of the Homeland Se-
curity Act of 2002 (Public Law 107–96; 116 Stat. 2135), 
as amended by this Act, is amended by inserting after the 
item relating to section 2009 the following: 
‘‘Sec. 2010. Certification of instructors in training on use of force and special 
equipment.’’. 
Æ 
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