Sec. 5. Urban Areas Security Initiative and State Homeland Security grant program
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Subtitle A of title XX of the Homeland Security Act of 2002 ( 6 U.S.C. 603 et seq. ) is amended by adding at the end the following: In this section— the term Authorized Equipment List means the Authorized Equipment List published by the Grant Programs Directorate of the Federal Emergency Management Agency; the term covered funds means funds awarded under section 2003 or 2004; the term law enforcement agency — means an agency or entity with law enforcement officers— who have arrest and apprehension authority; and whose primary function is to enforce the laws; includes a local educational agency with officers described in subparagraph (A); and does not include a firefighting agency or entity; the term law enforcement council means a consortium of law enforcement agencies operating in a partnership within a region to promote and enhance public safety; the term law enforcement equipment list means the list of items designated by the Administrator under subsection (b)(1)(B); 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) ); the term prohibited item means an item that is not on the law enforcement equipment list; the term restricted item means— tactical law enforcement ballistic protection equipment, including body armor, a ballistic helmet, a ballistic shield, a battle dress uniform, or camouflage uniforms or clothing; a remotely piloted aerial vehicle; a tactical military vehicle; facial recognition software; watercraft; or manned aircraft; the term SWAT team means a Special Weapons and Tactics team or other specialized tactical team composed of sworn law enforcement officers; and 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.
The Administrator shall, in consultation with the task force appointed under section 4 of the Protecting Communities and Police Act of 2015 — as soon as practicable after the date of enactment of the Protecting Communities and Police Act of 2015 , assess the appropriateness of items on the Authorized Equipment List for use by law enforcement agencies in counterterrorism activities; not later than 3 years after the date of enactment of the Protecting Communities and Police Act of 2015 , based on the assessment conducted under subparagraph
(A)and in accordance with the procedures required under paragraph (2), designate a list of items, which may include restricted items, that may be purchased using covered funds for use by a law enforcement agency; and not less frequently than once every 5 years, review and revise, as appropriate, the list of items designated under subparagraph (B). The Administrator shall publish the law enforcement equipment list on the website of the Department and in the Federal Register. Except as provided in subparagraph (B), a law enforcement agency may not— use covered funds to purchase a prohibited item; or receive a prohibited item that was purchased using covered funds. A law enforcement agency may purchase a prohibited item using covered funds, or receive a prohibited item that was purchased using covered funds, if— the Administrator determines that the prohibited item will be useful in preventing or mitigating damage resulting from a threat to national security; 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 prohibited item at a National Guard site; and the law enforcement agency provides a copy of the agreement described in clause
(ii)to the Administrator. Beginning in the third full fiscal year after the date of enactment of the Protecting Communities and Police Act of 2015 , the Administrator shall submit to Congress a monthly report on the expected date of publication of the final law enforcement equipment list. Beginning in the fifth full fiscal year after the date of enactment of the Protecting Communities and Police Act of 2015 , the Administrator shall withhold from a grant awarded under section 2003 or 2004 any amounts that are intended for use by a law enforcement agency unless the Administrator has published a final law enforcement equipment list. A law enforcement agency may not receive or use covered funds for the purchase of a restricted item, or receive a restricted item purchased using covered funds, unless the law enforcement agency— except as provided in subparagraph (B), publishes a needs justification statement— that, except as provided in subclause (II), includes the information required under subparagraph
(D)if that information is not otherwise publicly available; and from which the law enforcement agency may redact— the information required under clause
(x)or
(xi)of subparagraph (D); and with respect to the training records required under clause (vi), any personally identifiable information and all but the title and subject of such training; obtains the approval of the head of the State, political subdivision of a State, or Indian tribe of which the law enforcement agency is an agency to obtain the restricted items; and submits the needs justification statement, including all information required under subparagraph (D), to the State, high-risk urban area, or directly eligible tribe from which the law enforcement agency is to receive the covered funds or restricted item. The requirements under subparagraph
(A)shall not apply to a law enforcement agency that obtains a restricted item that was purchased using covered funds to be used in an active, ongoing counterterrorism operation. If an official other than the Administrator approves an application for a grant under section 2003 or 2004 that proposes to use funds for the purchase of a restricted item, the official shall notify the Administrator of the approval before distributing those funds. A needs justification statement of a law enforcement agency shall include the following: The type and number of restricted items proposed to be purchased on behalf of, or distributed to, the law enforcement agency. The number of sworn law enforcement officers of the law enforcement agency. The number, if any, of items similar to the restricted item that the law enforcement agency has in good working condition. The number and type of items, if any, that the law enforcement agency has that were— transferred to the law enforcement agency under section 2576a of title 10, United States Code; or purchased using funds from 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. ) during the 5-year period preceding the date on which the statement is published. The use of force policy of the law enforcement agency. Whether the law enforcement agency intends for a SWAT team to use the restricted item, and, if so, the training records of the SWAT team, including the course outlines of such training. 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 restricted item with any other law enforcement agency. The capability gap to be filled by the restricted item, and a description of the proposed use of the restricted item by the law enforcement agency. 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. 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 equivalent State or local entity for civil rights abuses or excessive use of force. Whether the head of the law enforcement agency has ever been determined by the Department of Justice, an inspector general, or any equivalent State or local entity to have engaged in civil rights abuses or excessive use of force, if such information is publicly available. Whether the law enforcement agency requested funds from a regional, State, or local political entity to purchase the requested item; 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 reasons for the denial; and 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. A certification that any item on the law enforcement equipment list purchased using covered funds has not been, and will not be, used by a SWAT team of the law enforcement agency engaging in routine patrol-related incidents, non-tactical incidents, or non-tactical assignments. Any other information on the recent record of the law enforcement agency regarding civil rights and the excessive use of force that the Administrator determines appropriate. A law enforcement agency with 10 or fewer sworn law enforcement officers— that has 1 or more functioning tactical military vehicles may not— use covered funds for the purchase of a tactical military vehicle; or receive a tactical military vehicle purchased using covered funds; that does not have a functioning tactical military vehicle may— use covered funds for the purchase of not more than 1 tactical military vehicle; or receive not more than 1 tactical military vehicle purchased using covered funds; or that is the designated procurement 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 tactical military vehicle purchased using covered funds, if agency purchases or receives not more than 1 tactical military vehicle for every 10 sworn law enforcement officers covered by the joint-use agreement. A law enforcement agency may not use covered funds to purchase a restricted item, or receive a restricted item purchased using covered funds, for use by a SWAT team— composed of fewer than 17 sworn law enforcement officers; composed entirely of members from a single law enforcement agency that has fewer than 35 sworn law enforcement officers; composed of members from 2 or more law enforcement agencies that have, in aggregate, fewer than 35 sworn law enforcement officers; or in a routine patrol-related incident, non-tactical incident, or non-tactical assignment. Covered funds may not be used to pay the cost of transporting an eligible defense item transferred to a law enforcement agency under section 2576a of title 10, United States Code. 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 a restricted item; or receive a restricted item that was purchased using covered funds. 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, any jurisdiction within the State, and any directly eligible tribe any part of which is located within the State, may not receive covered funds for use by a law enforcement agency to purchase a restricted item unless the Governor or highest official of the State certifies to the Administrator that the State conducts a program for certifying law enforcement instructors in the provision of training on law enforcement tactics and investigations that meets the requirements under subparagraph (B). The requirements for a program described in subparagraph
(A)are the following: The program shall include instruction in training on the following: The use of force by law enforcement officers in the ordinary course of their duties. The use of restricted items by law enforcement officers in the ordinary course of their duties. The use of restricted items by SWAT teams. The appropriate deployment of SWAT teams. Civil rights and civil liberties. Any other matters on the training of law enforcement officers that the head of the State law enforcement agency considers appropriate. A list of the instructors who are certified pursuant to the program or pursuant to the program conducted by the Secretary under section 2010 shall be maintained and published. A State may satisfy the requirement under subparagraph
(A)using a program in effect on the date that is 3 years after the date of the enactment of the Protecting Communities and Police Act of 2015 if such program satisfies the requirements in subparagraph (B). 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, any jurisdiction within the State, and any directly eligible tribe any part of which is located within the State, may not receive covered funds, or equipment purchased using covered funds, unless the State establishes minimum annual training requirements for all sworn law enforcement officers in the State, including— specialized leadership training requirements for heads of law enforcement agencies who have— decisionmaking authority on the deployment of SWAT teams and tactical military vehicles; or responsibility for drafting policies on the use of force and SWAT team deployment; specialized SWAT team training requirements for all SWAT team members in law enforcement tactics used in tactical operations; training in the appropriate use and deployment of tactical military vehicles; and not less than 1 training session on sensitivity, including training on ethnic and racial bias, cultural diversity, and law enforcement interaction with disabled individuals, mentally ill individuals, and new immigrants. The training requirements established by a State under subparagraph
(A)may only be satisfied through training conducted by an instructor certified under— the program conducted by the Secretary under section 2010; or a program conducted by a State under paragraph (1). On and after the date that is 1 year after the date on which a program is established under paragraph (1), a law enforcement agency may not directly or indirectly receive covered funds, or receive equipment purchased using covered funds, unless the law enforcement agency certifies to the entity from which the law enforcement agency is seeking funds or equipment that, during the preceding year, each sworn law enforcement officer employed by the law enforcement agency 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, including specialized SWAT team training requirements. The Administrator shall suspend or terminate the eligibility of a law enforcement agency to directly or indirectly receive covered funds, or receive equipment purchased using covered funds, if the law enforcement agency intentionally submits a false certification under subparagraph
(C)that a law enforcement officer met the minimum annual training requirements established by the State in which the agency is located under subparagraph (A). The requirements under subparagraph
(A)shall provide for the first completion of the training concerned by an individual who becomes an officer in a law enforcement agency or a member of a SWAT team by not later than 1 year after the date on which the individual becomes an officer in the law enforcement agency or a member of a SWAT team, as applicable. The Administrator shall make public and submit to Congress and the Attorney General— an annual report on the purchase by law enforcement agencies of restricted items purchased using covered funds; and an annual report on the purchase and use by law enforcement agencies of tactical military vehicles and remotely piloted aerial vehicles purchased using covered funds. As a condition of receiving a grant under section 2003 or 2004, a State, high-risk urban area, or directly eligible tribe shall submit to the Administrator, as part of the report submitted under section 2022(b)(1)(A) relating to the last quarter of any fiscal year, a description of the quantity and specific type of equipment purchased by the recipient and any subgrantee of the recipient using covered funds. As a condition of receiving a grant under section 2003 or 2004, a State, high-risk urban area, or directly eligible tribe shall submit to the Administrator a report that describes, for each law enforcement agency that purchased a restricted item using covered funds made available by the State, high-risk urban area, or directly eligible tribe, or received a restricted item that the State, high-risk urban area, or directly eligible tribe purchased using covered funds— the needs justification statement that the law enforcement agency submitted to the State, high-risk urban area, or directly eligible tribe with respect to the restricted item under subsection (c)(1)(A)(iii); and the number and types of restricted items that the law enforcement agency purchased or received. A law enforcement agency that uses covered funds to purchase a tactical military vehicle, or receives a tactical military vehicle purchased using covered funds, for use by a SWAT team shall maintain a record of each deployment of the tactical military vehicle by the SWAT team, which shall include— the type of police activity for which the tactical military vehicle is deployed; the rationale for the deployment; the nexus between— the use of force policy and SWAT team policy of the law enforcement agency, if applicable; and the police activity for which the tactical military vehicle is deployed; and a description, written after the deployment, of whether force or weapons were used by or against the law enforcement officers deploying the tactical military vehicle. On or after the date that is 3 years after the date of enactment of the Protecting Communities and Police Act of 2015 , a State, any jurisdiction within the State, and any directly eligible tribe any part of which is located within the State, may not directly or indirectly receive covered funds for the purchase of a restricted item unless the Governor or highest officer of the State certifies to the Administrator that the State— has in place— a program, including a public complaint hotline, that provides individuals the ability to disclose any— misuse of equipment purchased using covered funds; or other waste, fraud, or abuse in connection with the use of covered funds; and mechanisms (commonly referred to as whistleblower protections ) to protect individuals who make a disclosure described in clause
(i)from retaliatory or other adverse personnel actions in connection with such disclosures; and publicizes the existence of the program and whistleblower protections described in subparagraph (A). A law enforcement agency may not receive a restricted item purchased using covered funds, or directly or indirectly receive covered funds to purchase a restricted item, unless the head of the law enforcement agency submits to the Administrator a written certification (in the form of a memorandum of understanding, memorandum of agreement, or letterhead correspondence) that an entity that does not report to the head of the law enforcement agency is authorized— to receive any complaints regarding the use of any equipment and funds of the law enforcement agency; to periodically review and assess the use of such equipment and funds by the law enforcement agency; and to make recommendations to the law enforcement agency regarding the use of such equipment and funds by the law enforcement agency that are either— non-binding in character; or binding in character, if authorized by— a law or ordinance governing the law enforcement agency or the entity; or an agreement between the law enforcement agency and organizations representing law enforcement officers of the law enforcement agency. A law enforcement agency may satisfy the requirement in subparagraph
(A)through an entity that exists as of the date of the enactment of the Protecting Communities and Police Act of 2015 , including an independent review board, a Federal, State, or local inspector general, a Federal, State, county, or city attorney 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. As a condition of receiving a grant under section 2003 or 2004, a State, high-risk urban area, or directly eligible tribe shall implement procedures under which, if a restricted item that was purchased using covered funds and is in the possession of a law enforcement agency is lost, stolen, or misappropriated— on the first occurrence, and after the law enforcement agency is provided with notice and the opportunity to contest the allegation, the eligibility of the law enforcement agency to receive covered funds to purchase a restricted item, or to receive a restricted item purchased using covered funds, shall be suspended for a period of not less than 6 months; and on the subsequent occurrence, and after the law enforcement agency is provided with notice and the opportunity to contest the allegation, the eligibility of the law enforcement agency to receive covered funds or receive a restricted item purchased using covered funds shall be suspended for a period of not less than 5 years. As a condition of receiving a grant under section 2003 or 2004, a State, high-risk urban area, or directly eligible tribe shall implement procedures under which the eligibility of a law enforcement agency to receive covered funds, or to receive a restricted item purchased using covered funds, shall, if the law enforcement agency is determined to have intentionally falsified any information relating to the purchase or receipt of a restricted item, and after the law enforcement agency is provided with notice and the opportunity to contest the allegation, be suspended for a period of not less than 5 years. Each State, high-risk urban area, or directly eligible tribe that receives a grant under section 2003 or 2004 shall submit to the Administrator an annual report that describes each law enforcement agency that is ineligible, due to a suspension or termination under paragraph
(1)or (2), to receive covered funds to purchase a restricted item, or to receive a restricted item purchased using covered funds. In this subsection, the term covered grant application means a grant application under section 2003 or 2004 that proposes to— use funds for the purchase of a restricted item for use by a law enforcement agency; or provide funds to a law enforcement agency for the purchase of a restricted item. The Administrator shall appoint individuals with expertise in State, county, or local law enforcement agency functions to assist the Administrator in— determining which items are appropriate for inclusion on the law enforcement equipment list; and assessing covered grant applications. The Administrator shall appoint as many individuals under paragraph
(2)as necessary to ensure that— not less that 1 such individual assesses each covered grant application; and the involvement of such individuals in the process of assessing covered grant applications does not substantially delay the process. In appointing individuals under paragraph (2), the Administrator shall give preference to individuals with law enforcement managerial experience. . The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–96 ; 116 Stat. 2135) is amended by inserting after the item relating to section 2008 the following: Sec. 2009. Use of funds by law enforcement. .
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- Pub. L. 107-96
- 116 Stat. 2135
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Sec. 5
Urban Areas Security Initiative and State Homeland Security grant program
Pub. L.Pub. L. 107-96
Stat.116 Stat. 2135
Cites 5Cited by 0 across 0 sources