Sec. 2. Additional limitations on transfer of Department of Defense personal property to Federal and State law enforcement agencies
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/bill/113/s/2904/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 2576a of title 10, United States Code, is amended— in subsection (a)— in paragraph (1)— in the matter preceding subparagraph (A), by striking subsection
(b)and inserting the provisions of this section ; and in subparagraph (A), by striking , including counter-drug and counterterrorism activities ; and in paragraph (2), by striking and the Director of National Drug Control Policy ; in subsection (b)— in paragraph (3), by striking and at the end; in paragraph (4), by striking the period and inserting a semicolon; and by adding at the end the following new paragraphs: the recipient certifies to the Department of Defense that it has the personnel and technical capacity, including training, to operate the property; and 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. ; by striking subsection (d); and by adding at the end the following new subsections: The Secretary of Defense may not transfer under this section any property as follows: Weapons, weapon parts, and weapon components, including camouflage and deception equipment, and optical sights. Weapon system specific vehicular accessories. Demolition materials. Explosive ordinance. Night vision equipment. Tactical clothing, including uniform clothing and footwear items, special purpose clothing items, and specialized flight clothing and accessories. Drones. Combat, assault, and tactical vehicles, including Mine-Resistant Ambush Protected
(MRAP)vehicles. Training aids and devices. In the event the Secretary of Defense proposes to make available for transfer under this section any property of the Department of Defense not previously made available for transfer under this section, the Secretary shall submit to the appropriate committees of Congress a report setting forth the following: A description of the property proposed to be made available for transfer. A description of the conditions, if any, to be imposed on use of the property after transfer. A certification that transfer of the property would not violate a provision of this section or any other provision of law. The Secretary may not transfer any property covered by a report under this subsection unless authorized by a law enacted by Congress after the date of the receipt of the report by Congress. The Secretary of Defense shall submit to the appropriate committees of Congress each year a certification in writing that each recipient to which the Secretary has transferred property under this section during the preceding fiscal year— has provided to the Secretary documentation accounting for all property the Secretary has previously transferred to such recipient under this section; and has complied with paragraphs
(5)and
(6)of subsection
(b)with respect to the property so transferred during such fiscal year. If the Secretary cannot provide a certification under paragraph
(1)for a recipient, the Secretary may not transfer additional property to such recipient under this section, effective as of the date on which the Secretary would otherwise make the certification under this subsection, and such recipient shall be suspended or terminated from further receipt of property under this section. Notwithstanding any other provision of law, amounts authorized to be appropriated or otherwise made available for any fiscal year may not be obligated or expended to carry out this section unless the Secretary submits to the appropriate committees of Congress a certification that for the preceding fiscal year that— each recipient agency that has received property under this section has— demonstrated 100 percent accountability for all such property, in accordance with paragraph
(2)or (3), as applicable; or been suspended or terminated from the program pursuant to paragraph (4); with respect to each non-Federal agency that has received property under this section, the State Coordinator responsible for each such agency has verified that the State Coordinator or an agent of the State Coordinator has conducted an in-person inventory 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 or terminated from the program pursuant to paragraph (4); with respect to each Federal agency that has received property under this section, the Secretary of Defense or an agent of the Secretary has conducted an in-person inventory 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 or terminated from the program pursuant to paragraph (4); the eligibility of any agency that has received property under this section for which 100 percent of the equipment was not accounted for during an inventory described in paragraph
(2)or (3), as applicable, to receive property transferred under this section has been suspended or terminated; and each State Coordinator has certified, for each non-Federal agency located in the State for which the State Coordinator is responsible that— the agency has complied with all requirements under this section; or the eligibility of the agency to receive property transferred under this section has been suspended or terminated; and the Secretary of Defense has certified, for each Federal agency that has received property under this section that— the agency has complied with all requirements under this section; or the eligibility of the agency to receive property transferred under this section has been suspended or terminated. The Defense Logistics Agency shall maintain, and update on a quarterly basis, an Internet website on which the following information shall be made publicly available in a searchable format: A description of each transfer made under this section, including transfers made before the date of the enactment of the Stop Militarizing Law Enforcement Act, set forth by State, county, and recipient agency, and including item name, item type, item model, and quantity. A list of all property transferred under this section that is not accounted for by the Defense Logistics Agency, including— the name of the State, county, and recipient agency; the item name, item type, and item model; the date on which such property became unaccounted for by the Defense Logistics Agency; and the current status of such item. A list of each agency suspended or terminated from further receipt of property under this section, including State, county, and agency, and the reason for and duration of such suspension or termination. In this section: The term appropriate committees of Congress means— the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and the Committee on Armed Services and the Committee on Oversight and Government Reform of the House of Representatives. The term agent of a State Coordinator means any individual to whom a State Coordinator formally delegates responsibilities for the duties of the State Coordinator to conduct inventories described in subsection (g)(2). The term State Coordinator , with respect to a State, means the individual appointed by the governor of the State to maintain property accountability records and oversee property use by the State. . The amendments made by this subsection shall take effect on the date of the enactment of this Act. Not later than one year after the date of the enactment of this Act, each Federal or State agency to which property described by subsection
(d)of section 2576a of title 10, United States Code (as added by subsection (a)(1) of this section), was transferred before the date of the enactment of this Act shall return such property to the Defense Logistics Agency on behalf of the Department of Defense.