Title: PROTECT Act
Policy area: Crime and Law Enforcement

Summary:
Police Receiving Overly Traumatizing Equipment Changes Today Act or the PROTECT Act
This bill provides incentives to encourage states and local governments to return or to not receive transfers from the Department of Defense (DOD) of certain surplus military property (e.g., controlled firearms, ammunition, grenades, and drones) and eliminates the requirement for DOD to give preference to transfers of property that will be used in counterdrug or border security activities. In addition, the bill authorizes grants for programs and training for law enforcement officers such as training on de-escalation techniques.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7133 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 7133

  To encourage State and local demilitarization by incentivizing the 
   return of purchases made through the LESO program, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 8, 2020

  Ms. Haaland (for herself, Mr. Johnson of Georgia, Mr. Gallego, Ms. 
 Bass, Mr. Cohen, Ms. Dean, Mrs. Hayes, Mrs. Carolyn B. Maloney of New 
    York, Ms. Norton, Mr. San Nicolas, Ms. Scanlon, and Mrs. Watson 
   Coleman) introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committee on Armed 
Services, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To encourage State and local demilitarization by incentivizing the 
   return of purchases made through the LESO program, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Police Receiving Overly Traumatizing 
Equipment Changes Today Act'' or the ``PROTECT Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Under section 2576a of title 10, United States Code, 
        the Department of Defense is authorized to provide excess 
        property to local law enforcement agencies. The Defense 
        Logistics Agency administers such section by operating the Law 
        Enforcement Support Office (referred to in this Act as 
        ``LESO'') program.
            (2) New and used material, including mine-resistant ambush-
        protected vehicles and weapons determined by the Department of 
        Defense to be ``military grade'' are transferred to Federal, 
        State, tribal, and local law enforcement agencies through the 
        program.
            (3) As of September 30, 2019, the Department of Defense, 
        through the LESO, as reported through public information, has 
        transferred $1,796,844,591.74 worth of equipment with over 
        1,474,319 units of goods.
            (4) Research has shown that as transfers of militarization 
        equipment increase in States, reputation of police officers 
        decreases and the increased equipment shows no change in the 
        crime rate.
            (5) Research shows that police officers are more likely to 
        be harmed by civilians when States receive certain transfers 
        and police frequently engage in violent actions against 
        civilians.
            (6) On January 16, 2015, President Barack Obama issued 
        Executive Order 13688 to better coordinate and regulate the 
        Federal transfer of military weapons and equipment to State, 
        local, and tribal law enforcement agencies and stated that 
        ``the show of force typically associated with military 
        operations, when employed by civilian police, can weaken 
        community trust, especially in communities with a history of 
        strained relationships between the community and local law 
        enforcement''.
            (7) In July 2017, the Government Accountability Office 
        reported that the program's internal controls were inadequate 
        to prevent fraudulent applicants' access to the program.

SEC. 3. LIMITING SALE OR DONATION OF EXCESS PROPERTY FOR LAW 
              ENFORCEMENT ACTIVITIES.

    Section 2576a of title 10, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``, including small arms and ammunition,''; 
                and
                    (B) in subparagraph (A), by striking ``counterdrug, 
                counterterrorism, and border security activities'' and 
                inserting ``counterterrorism''; and
            (2) in subsection (d), by striking ``counterdrug, 
        counterterrorism, or border security activities'' and inserting 
        ``counterterrorism''.

SEC. 4. GEAR FOR GRANTS PROGRAM.

    Part A of title I of the Omnibus Crime Control and Safe Streets Act 
of 1968 is amended by adding at the end the following:

``SEC. 110. DEMILITARIZATION OF LAW ENFORCEMENT AGENCIES.

    ``(a) Priority.--In awarding funds under covered grant programs, 
priority shall be given to States and units of local government with 
law enforcement agencies that, in the 12 months prior to the date on 
which the application for the covered grant program is submitted--
            ``(1) have no transfers from the Department of Defense; or
            ``(2) have--
                    ``(A) returned to the Department of Defense an 
                appropriate number of transfers such that the value of 
                transfers is equal to twice the value of the funds that 
                the applicant would receive under the applicable 
                covered grant program; and
                    ``(B) not received transfers from the Department of 
                Defense in the 12 months prior to the date on which the 
                grant is awarded.
    ``(b) Covered Grant Programs.--The programs referred to in 
subsection (a) are the following::
            ``(1) The program under part Q of this title.
            ``(2) Any other grant program carried out by the Department 
        of Justice for the benefit of law enforcement agencies that the 
        Attorney General considers appropriate.
    ``(c) Definitions.--In this section:
            ``(1) Transfers.--The term `transfers' means the equipment 
        provided under section 2576a of title 10, United States Code, 
        which includes the following:
                    ``(A) Controlled firearms, ammunition, bayonets, 
                grenade launchers, grenades (including stun and flash-
                bang), and explosives.
                    ``(B) Controlled vehicles, highly mobile 
                multiwheeled vehicles, mine-resistant ambush-protected 
                vehicles, trucks, truck dump, truck utility, and truck 
                carryall.
                    ``(C) Drones that are armored, weaponized, or both.
                    ``(D) Controlled aircrafts that--
                            ``(i) are combat configured or combat 
                        coded; or
                            ``(ii) have no established commercial 
                        flight application.
                    ``(E) Silencers.
                    ``(F) Long-range acoustic devices.
                    ``(G) Items in the Federal Supply Class of banned 
                items.
            ``(2) Value of transfers.--The term `value of such 
        transfers' means the fair market value of the equipment 
        described in section 2576(a) of title 10, United States Code, 
        at the time of transfer.''.

SEC. 5. GRANT AUTHORIZATION.

    (a) In General.--The Attorney General may make grants to States, 
units of local government, Indian tribal governments, or other public 
and private entities, or to any multijurisdictional or regional 
consortia of such entities to implement one or more of the programs and 
trainings described in subsection (b).
    (b) Programs.--The programs and trainings described in this 
subsection consist of the following:
            (1) Effective trainings on ethnic and racial bias, cultural 
        diversity, and police interaction with the disabled, mentally 
        ill, and immigrants.
            (2) Training on de-escalation techniques, including--
                    (A) verbal and physical tactics to minimize the 
                need for the use of force, with an emphasis on 
                communication and negotiation;
                    (B) providing the time needed to resolve the 
                incident safely for everyone;
                    (C) the use of alternative non-lethal methods of 
                force; and
                    (D) techniques that prevent the officer from 
                escalating any situation where force is likely to be 
                used.
            (3) Crisis intervention trainings to appropriately identify 
        and respond to individuals suffering from mental health or 
        substance abuse issues, with an emphasis on de-escalation 
        tactics and promoting effective communication.
            (4) A body-worn camera program in order to deter excessive 
        force, improve accountability and transparency of use of force 
        by law enforcement officers, and improve evidence collection.
    (c) Application.--To receive a grant under this part, a State, unit 
of local government, Indian tribal government, or other public and 
private entity shall submit to the Attorney General an application at 
such time, in such form, and containing such information as the 
Attorney General may require.
    (d) Term.--A grant under this section shall be made for a 1-year 
period.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out this section 
for each of fiscal years 2021 through 2025.
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