Sec. 1052. Department of Defense excess property program
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Section 2576a of title 10, United States Code is amended by adding at the end the following new subsection: The Secretary of Defense, acting through the Director of the Defense Logistics Agency, shall create and maintain a publicly available Internet website that provides information on the property transferred under this section and the recipients of such property. The contents of the Internet website required under paragraph
(1)shall include all unclassified information pertaining to the request, transfer, denial, and repossession of controlled property under this section, including— a current inventory of all controlled property transferred to law enforcement agencies under this section, listed by recipient, that includes the recipient’s location, by county and State, and the year of the transfer; all outstanding requests for transfers of controlled property under this section; and information provided by the law enforcement agencies requesting transfers referred to in subparagraph (B). The Secretary may not authorize the transfer of any property under this section to a Federal or State agency to which property has been transferred previously unless the agency submits to the Secretary for publication on the Internet website required under paragraph
(1)each of the following: A description of any controlled property transferred to the agency under this section, which shall be submitted by not later than 30 days after the date on which the agency takes possession of the property. An annual report on the use of any controlled property so transferred to the agency, including a description of the context in which the property was used. The Secretary may not authorize the transfer of any property under this section to a Federal or State agency until 30 days after a request for the transfer has been published on the Internet website required under paragraph (1). . Subsection
(b)of such section is amended— in paragraph (3), by striking and at the end; in paragraph (4), by striking the period and inserting ; and ; and by adding at the end the following new paragraphs: in the case of property that is controlled property, the recipient submits to the Secretary written notice of the intent of the recipient to apply for the controlled property, including authorization of such application by the entity charged with legal oversight of the recipient agency; and the recipient agency is located in a State with a State coordinator for the program under this section who— has law enforcement experience and is employed by a law enforcement agency or entity with oversight of law enforcement functions; serves as the custodian of controlled property transferred to recipients located in that State; and has the authority to non-concur with proposed uses of such property. . Such section is further amended by adding at the end the following new subsection: In this section, the term controlled property means any item assigned a demilitarization code of B, C, D, E, F, G, or Q under Department of Defense Manual 4160.21-M, Defense Materiel Disposition Manual , or any successor document. . The Director of the Defense Logistics Agency shall enter into an agreement with a federally funded research and development center to conduct an assessment of the Department of Defense excess property program under section 2576a of title 10, United States Code, as amended by this section. Such assessment shall include an evaluation of the policies and controls governing the determination of the suitability of recipients of controlled property transferred under the program, including specific recommendations relating to the training that law enforcement agencies that receive such property should receive, at no cost to the Department of Defense, to ensure end-user proficiency in the use, maintenance, and sustainment of such property. The Director of the Defense Logistics Agency shall enter into an agreement with a federally funded research and development center for the conduct of an assessment of the Department of Defense excess property program under section 2576a of title 10, United States Code, to determine if the requirement that all controlled property transferred under the program be used within one year of being transferred is achieving its intended effect. Such assessment shall also include recommendations on process improvement, including legislative proposals. Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an assessment of the Department of Defense excess property program under section 2576a of title 10, United States Code. Such assessment shall include— an evaluation of the transfer of controlled property under the program, including the manner in which the property was used in community law enforcement and the effectiveness of the Internet website required under subsection
(e)of section 2576a, as added by subsection (a), in providing transparency to the public; and a determination of whether the transfer of property under the program enhances the ability of law enforcement agencies to carry out counter-drug and counter-terrorism activities in accordance with the purposes of the program as set forth in section 2576a of title 10, United States Code.