‘‘(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. 
‘‘(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 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
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. 
‘‘(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. 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(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. 
‘‘(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 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
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: 
‘‘(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 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
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. 
‘‘(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.— 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(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-
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. 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(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 
‘‘(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 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
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-
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-
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
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). 
‘‘(4) DISCHARGE OF TRANSFER.—The Director 
and the State Coordinator concerned shall jointly 
carry out the transfer of eligible defense items cov-
ered by applications approved by the Director under 
this subsection. 
‘‘(k) PUBLIC NOTICE ON REQUESTS FOR TRANS-
FERS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a State or local law enforcement agency 
requesting transfer of an eligible defense item under 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
this section, including pursuant to interagency trans-
fer under subsection (r), shall— 
‘‘(A) publish notice to the public on such 
request, including the information specified in 
subsection (l) (other than paragraphs (7), (11), 
(12), and (16) of that subsection, and with any 
personally identifiable information otherwise re-
quired by paragraphs (17) and (18) of that 
subsection redacted) if such information is not 
otherwise available to the public; and 
‘‘(B) obtain approval of the request by the 
State or political subdivision of a State of which 
the law enforcement agency is an agency. 
‘‘(2) EXCEPTION.— 
‘‘(A) ITEMS
FOR
UNDERCOVER
OPER-
ATIONS.—A State or local law enforcement 
agency requesting transfer of an eligible defense 
item is not required to comply with paragraph 
(1) if the item requested is for an active under-
cover operation. 
‘‘(B) ALTERNATIVE
NOTICE
REQUIRE-
MENT.—A State or local law enforcement agen-
cy receiving an item under this section pursuant 
to a request covered by subparagraph (A) shall 
publish public notice of the request not later 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
than 10 business days after the conclusion of 
the undercover operation for which the item 
was requested. 
‘‘(l) INFORMATION IN SUPPORT OF APPLICATIONS.— 
The application of a State or local law enforcement agency 
for the transfer of eligible defense items under subsection 
(j)(1), and the transmittal of the State Coordinator con-
cerned to the Director of the Defense Logistics Agency 
with respect to the application pursuant to subsection 
(j)(2), shall include with the application a statement of 
the need of the law enforcement agency for the items as 
described in subsection (j)(1), which shall include the fol-
lowing: 
‘‘(1) The type and amount of each item being 
requested. 
‘‘(2) The name of the law enforcement agency. 
‘‘(3) The number of sworn law enforcement of-
ficers of the law enforcement agency. 
‘‘(4) The number, if any, of items similar to the 
items being requested that the law enforcement 
agency has in good working condition. 
‘‘(5) The amount and type of items, if any, that 
the law enforcement agency has that were purchased 
using funds from— 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
‘‘(A) the Urban Area Security Initiative 
authorized under section 2003 of the Homeland 
Security Act of 2002 (6 U.S.C. 604); 
‘‘(B) the State Homeland Security Grant 
Program authorized under section 2004 of the 
Homeland Security Act of 2002 (6 U.S.C. 605); 
or 
‘‘(C) the Edward Byrne Memorial Justice 
Assistance Grant Program under subpart 1 of 
part E of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3750 
et seq.). 
‘‘(6) The use of force policy of the law enforce-
ment agency. 
‘‘(7) Whether the law enforcement agency in-
tends for SWAT teams to use the requested items, 
and, if so, the deployment policies of the law en-
forcement agency for SWAT teams. 
‘‘(8) Whether the law enforcement agency has 
or plans to adopt a memorandum of understanding 
or other joint use agreement for the shared use of 
the requested items with any other law enforcement 
agency. 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
shall participate not later than 90 days after receipt 
of the items. 
‘‘(19) Certification that any eligible defense 
items transferred under this section for use by a 
SWAT team have not been used, and will not be 
used, by a SWAT team engaging in routine patrol- 
related incidents, non-tactical incidents, and non-tac-
tical assignments. 
‘‘(20) Such other information on the law en-
forcement agency, and the application of the law en-
forcement agency, as the Director shall specify in 
the regulations for purposes of this section. 
‘‘(m) REQUIREMENTS IN CONNECTION WITH USE OF 
ELIGIBLE DEFENSE ITEMS BY SWAT TEAMS.— 
‘‘(1) SWAT TEAM TRAINING RECORDS.—Eligi-
ble defense items may not be transferred to a State 
or local law enforcement agency under this section 
for use by a SWAT team unless the law enforcement 
agency requesting such items certifies to the Direc-
tor of the Defense Logistics Agency that the law en-
forcement agency makes available to the public the 
training records of the SWAT team, including the 
course outlines of such training (except that any 
personally identifiable information, and all but the 
title and subject of such training, may be redacted). 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
The Attorney General shall issue, and may from 
time to time update, nonbinding guidelines on such 
policies. 
‘‘(2) VIDEO RECORDING OF DEPLOYMENTS.— 
Eligible defense items may not be transferred to a 
State or local law enforcement agency under this 
section for use by a SWAT team unless the law en-
forcement agency requesting such items certifies to 
the Director that a video recording shall be made of 
each SWAT team deployment involving the use of 
such items. Any video recording secured under this 
paragraph involving the use of force (whether deadly 
or otherwise) shall be retained by the law enforce-
ment agency for a period not shorter than the period 
of limitation in the State concerned for actions for 
civil rights violations under section 1979 of the Re-
vised Statutes (42 U.S.C. 1983). 
‘‘(n) POLICIES
ON USE
OF VIDEO RECORDING 
EQUIPMENT AND RECORDING.— 
‘‘(1) IN GENERAL.—Video recording equipment 
(including body cameras) may not be transferred to 
a State or local law enforcement agency under this 
section unless the law enforcement agency request-
ing such equipment certifies to the Director of the 
Defense Logistics Agency that the law enforcement 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
agency has in place, and makes available to the pub-
lic, policies on the use of such equipment by law en-
forcement officers, and on securing video recordings 
of operations of law enforcement officers using video 
equipment, that meets the requirements specified in 
paragraph (2). 
‘‘(2) POLICY
REQUIREMENTS.—The require-
ments specified in this paragraph for policies de-
scribed in paragraph (1) are the following: 
‘‘(A) Policies on the appropriate use of 
video recording equipment, including whether 
such equipment should be left on at all times. 
‘‘(B) Mechanisms to preserve, to the extent 
practicable, the integrity and security of video 
recordings, including a description of the per-
sonnel of the law enforcement agency, and 
other parties, who are authorized to access the 
recordings, mechanisms for the storage of re-
cordings, and measures to ensure the cybersecu-
rity of such recordings (if applicable to the stor-
age, retention, and retrieval of such recordings). 
‘‘(C) Policies on the authorized and unau-
thorized public release of video recordings. 
‘‘(D) A requirement that any video record-
ing of an interaction between a law enforcement 
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS
that an entity that is unaffiliated with the law 
enforcement agency is authorized— 
‘‘(i) to receive any complaints regard-
ing the use of any equipment and funds of 
the law enforcement agency; 
‘‘(ii) to periodically review and assess 
the use of such equipment and funds by 
the law enforcement agency; and 
‘‘(iii) to make recommendations to the 
law enforcement agency regarding the use 
of such equipment and funds by the law 
enforcement agency that are either— 
‘‘(I) non-binding in character; or 
‘‘(II) binding in character, if au-
thorized by a law or ordinance gov-
erning the law enforcement agency or 
the entity or by an agreement between 
the governing body of the law enforce-
ment agency and organizations rep-
resenting law enforcement officers of 
the law enforcement agency. 
‘‘(B) DISCHARGE THROUGH EXISTING EN-
TITIES.—A law enforcement agency may satisfy 
the requirement in subparagraph (A) through 
an entity that exists as of the date of the enact-
VerDate Sep 11 2014 
01:18 May 20, 2015
Jkt 049200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H2326.IH
H2326
emcdonald on DSK67QTVN1PROD with BILLS