Sec. 6. Modification of authority to transfer Department of Defense property for law enforcement activities
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/bill/114/s/1245/is/section-6A 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 to read as follows: Notwithstanding any other provision of law and subject to the provisions of this section, the Secretary of Defense may transfer to State and local law enforcement agencies for law enforcement activities controlled defense items of the Department of Defense, including small arms and ammunition, that are determined in accordance with subsection
(f)to be eligible defense items for purposes of this section. An item may not be transferred under this section if requested for transfer by a Federal agency under section 2576b of this title. The Secretary of Defense may transfer items under this section only if— the items are drawn from existing stocks of the Department of Defense; the recipient accepts the items on an as-is, where-is basis; the transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment; all costs incurred subsequent to the transfer of the items are borne or reimbursed by the recipient; and the recipient agrees to comply with any inventory, accountability, reporting, and disposal requirements prescribed in the regulations for purposes of this section under subsection (g). Subject to subsection (c)(4), the Secretary of Defense may transfer items under this section without charge to the recipient agency. The Director of the Defense Logistics Agency shall employ in the Defense Logistics Agency individuals with expertise in law enforcement to assist the Director in the discharge of the functions specified in paragraph (2). The Director shall ensure that the number of individuals so employed is sufficient to ensure the timely assessment of applications described in paragraph (2)(A) in order to ensure that no delay occurs in the transfer of eligible defense items under this section by reason of such assessments. The Director shall accord a preference in the employment under this paragraph of individuals with experience in law enforcement management. Individuals employed under this subsection shall assist the Director in the following: The assessment of applications of State and local law enforcement agencies for the transfer of eligible defense items in accordance with subsection (j)(3). The determination whether controlled defense items that are not eligible for treatment as eligible defense items under this section will be useful in preventing or mitigating damage resulting from an actionable threat to national security for purposes of subsection (h)(1). The Secretary of Defense shall, acting through the Director of the Defense Logistics Agency, maintain, and periodically update, a list of current controlled defense items that are appropriate for treatment as eligible defense items for purposes of this section. The Director shall, in consultation with the task force appointed pursuant to section 4 of the Protecting Communities and Police Act of 2015 and in accordance with the regulations for purposes of this section under subsection (g), identify controlled defense items that are appropriate for treatment as eligible defense items for purposes of this section by identifying controlled defense items that— can be readily put to civilian use by State and local law enforcement agencies; and are suitable for transfer to State and local law enforcement agencies pursuant to this section. Upon a determination pursuant to paragraph
(2)of controlled defense items to be treated as eligible defense items for purposes of this section, the Director shall make available to the public, on an Internet website of the Department of Defense available to the public, a list of all controlled defense items currently treated as eligible defense items for purposes of this section. The Internet website may be a current website of the Department or a website of the Department established and maintained for purposes of this section. The determination under subsection (f)(2) whether a controlled defense item is an eligible defense item for purposes of this section shall be made in accordance with criteria and requirements set forth in regulations prescribed by the Director of the Defense Logistics Agency, in consultation with the task force appointed pursuant to section 4 of the Protecting Communities and Police Act of 2015. Public notice and comment shall not be required in connection with any such determination unless otherwise required by such regulations. The Director shall, in consultation with the task force, review and revise the regulations for purposes of this section not less often than once every five years. In prescribing or revising regulations under this paragraph, the Director shall publish a written statement from the task force on the extent of its approval of such regulations as so prescribed or revised. The Director may, in consultation with the task force, update the regulations for purposes of this section without regard to formal rulemaking requirements if necessary to respond to technological advances and the development of new models of items on the list of controlled defense items determined by the Director under subsection (f)(2) to be eligible defense items for purposes of this section. In so updating the regulations, the Director shall publish a written statement on the extent of the approval of the task force of the regulations as so revised. The regulations for purposes of this section may include the following: Tiers of eligibility of State or local law enforcement agencies for transfers of eligible defense items based on types of items, need of law enforcement agencies for particular items, size and capabilities of law enforcement agencies, or such other factors as the Director, in consultation with the task force referred to in paragraph (1)(B), may specify in the regulations. Restrictions on the numbers or types of eligible defense items that may be transferred to a particular State or local law enforcement agency, within a particular period of time, to law enforcement agencies in a particular region, or such other factors as the Director, in consultation with the task force, may specify in regulations. Restrictions on the use of particular eligible defense items by State or local law enforcement agencies based on size, capability, or such other factors the Director, in consultation with the task force, may specify in the regulations. Such inventory, accountability, reporting, and disposal requirements regarding eligible defense items transferred under this section as the Director, in consultation with the task force, considers appropriate. Requirements for memoranda of understanding or other appropriate agreements in the case of joint use of eligible defense items transferred under this section by more than one State or local law enforcement agency. The regulations for purposes of this section shall prohibit the treatment as eligible defense items for purposes of this section of the following: Mine Resistant Ambush Protected
(MRAP)vehicles. Remotely piloted aircraft that are armored, weaponized, or both. Aircraft that are combat configured or combat coded or have no established commercial flight application. Bayonets. Tasers developed primarily for use by the military. Any controlled defense item that cannot be purchased by State or local law enforcement agencies in the private sector. Any other controlled defense item determined by the Director to be unsuitable for use by State or local law enforcement agencies. 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). The items specified in this subparagraph are the following: Weapons over .50 caliber. Grenades, flash bang grenades, grenade launchers, and grenade launcher attachments. Tactical military vehicles. The regulations for purposes of this section shall limit the transfer of tactical military vehicles to a State or local law enforcement agency with 10 or fewer sworn law enforcement officers as follows: If the law enforcement agency has one or more functioning tactical military vehicles, a tactical military vehicle may not be transferred to the agency. 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. If the law enforcement agency is the designated procurement agency for a multi-jurisdictional 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. The regulations for purposes of this section shall prohibit the transfer of camouflage uniforms or clothing to a State or law enforcement agency unless the law enforcement agency certifies that its geographic area of jurisdiction contains environments that may require the use of camouflage uniforms or clothing. The regulations for purposes of this section shall prohibit the transfer of eligible defense items under this section for use by any SWAT team as follows: A SWAT team composed of fewer than 17 sworn law enforcement officers. A SWAT team composed entirely of members from a single State or local law enforcement agency that has fewer than 35 sworn law enforcement officers. 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. The regulations for purposes of this section shall prohibit the transfer 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 Justice, relating to civil rights abuses or excessive use of force, without the approval of the Department of Justice. The items specified in this subparagraph are the following: Weapons. Tactical military vehicles. 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: A local educational agency that is served by a State or local law enforcement agency that— is unaffiliated with the local educational agency; and has items or equipment identical or similar to the eligible defense items otherwise to be transferred. A local educational agency that is served by one or more State or local law 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. 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 educational agency— to transport the item to the district of the local educational agency; or to maintain the item. The regulations 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. The regulations for purposes of this section under subsection
(g)shall permit the transfer of a controlled defense item that is not treated as an eligible defense item for purposes of this section if— there is an actionable threat to national security; and the Director of the Defense Logistics Agency, in consultation with individuals employed pursuant to subsection (e), determines that the item will be useful in preventing or mitigating damage resulting from the threat described in subparagraph (A). If an actionable threat to national security justifies the transfer of a controlled defense item under this subsection, the Director shall revise the regulations for purposes of this section to treat the controlled defense item as an eligible defense item for purposes of this section as soon as practicable. A transfer of a controlled defense item may occur in accordance with paragraph
(1)regardless of whether the update to the regulations for purposes of this section has been made under this paragraph at the time of transfer. If an actionable threat to national security justifies the transfer of a controlled defense item under this subsection, any requirements, prohibitions, 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. 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 enforcement agency receiving the item shall— arrange for the storage of the item with the National Guard of the State concerned; or if arrangements under subparagraph
(A)cannot be made, transfer the item to the Director. The Director of the Defense Logistics Agency shall periodically review the existing stocks of the Department of Defense in order to identify 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. 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). A State or local law enforcement agency seeking transfer of eligible defense items pursuant to this section shall submit an application therefore to the State Coordinator for the State in which the law enforcement agency is located. The application shall include a statement of the need of the agency for the items and the information specified in subsection (l). A State Coordinator shall review, and approve or disapprove, each application submitted to the State Coordinator under paragraph (1). In determining whether to approve or disapprove an application, a State Coordinator shall apply all criteria applicable to the application 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). The Director shall review, and approve or disapprove, each application transmitted to the Director pursuant to paragraph
(2)that is approved by a State Coordinator under that paragraph. As part of the review of each application, the Director shall obtain an assessment of such application by an individual employed pursuant to subsection (e). The Director and the State Coordinator concerned shall jointly carry out the transfer of eligible defense items covered by applications approved by the Director under this subsection. Except as provided in paragraph (2), a State or local law enforcement agency requesting transfer of an eligible defense item under this section, including pursuant to interagency transfer under subsection (r), shall— 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 required by paragraphs
(17)and
(18)of that subsection redacted) if such information is not otherwise available to the public; and obtain approval of the request by the State or political subdivision of a State of which the law enforcement agency is an agency. 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 undercover operation. A State or local law enforcement agency receiving an item under this section pursuant to a request covered by subparagraph
(A)shall publish public notice of the request not later than 10 business days after the conclusion of the undercover operation for which the item was requested. 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 concerned 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 following: The type and amount of each item being requested. The name of the law enforcement agency. The number of sworn, full-time law enforcement officers of the law enforcement agency. The number, if any, of items similar to the items being requested that the law enforcement agency has in good working condition. The amount and type of items, if any, that the law enforcement agency has that were purchased using funds from— the Urban Area Security Initiative authorized under section 2003 of the Homeland Security Act of 2002 ( 6 U.S.C. 604 ); the State Homeland Security Grant Program authorized under section 2004 of the Homeland Security Act of 2002 ( 6 U.S.C. 605 ); or 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. ). The use of force policy of the law enforcement agency. Whether the law enforcement agency intends for SWAT teams to use the requested items, and, if so, the deployment policies of the law enforcement agency for SWAT teams. 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. The capability gap to be filled by the items requested, and a description of the proposed use of the items 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 in the last 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 chief of police 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. Whether the law enforcement agency requested funds from a regional, State, or local political entity to purchase the requested items, and— if so and the request was denied, a statement of the reason or reasons for such denial; or if not, a statement of the reason or reasons the law enforcement agency did not. Such other information on the recent record of the law enforcement agency regarding civil rights and the excessive use of force as the Director shall specify in the regulations for purposes of this section. An executed maintenance requirement release acknowledging that the law enforcement agency understands and accepts responsibility for all costs associated with the upkeep of the items. Detailed documentation on the manner in which the law enforcement agency will provide for the storage and security of the items. A description of the policies and procedures of the law enforcement agency for use of the items, including who will have authority over the use of the items and an organizational chart, and the names and titles of agency members, who will have charge of the items. Documentation showing that the members identified pursuant to paragraph
(17)as in charge of items have been trained in the use and deployment of such items within the past five years, or identifying specific training such members identified shall participate not later than 90 days after receipt of the items. 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-tactical assignments. Such other information on the law enforcement agency, and the application of the law enforcement agency, as the Director shall specify in the regulations for purposes of this section. 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 enforcement agency requesting such items certifies to the Director of the Defense Logistics Agency that the law enforcement 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). The Attorney General shall issue, and may from time to time update, nonbinding guidelines on such policies. 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 requesting such equipment certifies to the Director of the Defense Logistics Agency that the law enforcement agency has in place, and makes available to the public, policies on the use of such equipment by law enforcement officers, and on securing video recordings of operations of law enforcement officers using video equipment, that meets the requirements specified in paragraph (2). The requirements specified in this paragraph for policies described in paragraph
(1)are the following: Policies on the appropriate use of video recording equipment, including whether such equipment should be left on at all times. Mechanisms to preserve, to the extent practicable, the integrity and security of video recordings, including a description of the personnel of the law enforcement agency, and other parties, who are authorized to access the recordings, mechanisms for the storage of recordings, and measures to ensure the cybersecurity of such recordings (if applicable to the storage, retention, and retrieval of such recordings). Policies on the authorized and unauthorized public release of video recordings. A requirement that any video recording of an interaction between a law enforcement officer and an individual who is not a law enforcement officer involving the use of force (whether deadly or otherwise) shall retained by the law enforcement 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 Revised Statutes ( 42 U.S.C. 1983 ). On and after the date that is three years after the date of the enactment of the Protecting Communities and Police Act of 2015, eligible defense items may not be transferred to a State or local law enforcement agency of a State under this section unless the Governor of the State (or the designee of the Governor) certifies to the Director of the Defense Logistics Agency that the State conducts a program for certifying police instructors in the provision of training on the use of force, and in the use of eligible defense items and special justice items, that meets the requirements specified in paragraph (2). Any instructor certified under a program conducted under section 2010 of the Homeland Security Act of 2002 shall be considered certified as a police instructor in any State for purposes of this subsection. The requirements specified in this paragraph for a program described in paragraph
(1)are the following: The program shall include instruction in training on the following: The use of force by State and local law enforcement officers in the ordinary course of their duties. The use of eligible defense items and special justice items by State and local law enforcement officers in the ordinary course of their duties. The use of eligible defense items and special justice items by SWAT teams. The appropriate deployment of SWAT teams. Civil rights and civil liberties. Any other matters on the training of State and local law enforcement officers that the Governor of the State (or the designee of the Governor) considers appropriate. A list of the instructors who are certified pursuant to the program shall be maintained and published. A State may satisfy the requirement in paragraph
(1)using a program in effect on the date that is three years after the date of the enactment of the Protecting Communities and Police Act of 2015 if such program satisfies the requirements in paragraph (2). On and after the date that is three years after the date of the enactment of the Protecting Communities and Police Act of 2015, eligible defense items may not be transferred to a State or local law enforcement agency under this section unless the Governor of the State (or the designee of the Governor) certifies to the Director of the Defense Logistics Agency that the State has in place 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, including in law enforcement tactics used in tactical operations; training in the appropriate use and deployment of tactical military vehicles; and training on sensitivity, including training on ethnic and racial bias, cultural diversity, and police interaction with the disabled, mentally ill, and new immigrants. 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 by not later than one year after the date on which the individual becomes an officer in the law enforcement agency. On and after the date that is three years after the date of the enactment of the Protecting Communities and Police Act of 2015, eligible defense items may not be transferred to a State or local law enforcement agency of a State under this section unless the Governor of the State (or the designee of the Governor) certifies to the Director of the Defense Logistics Agency that the individual who serves as a State Coordinator in the State receives on an annual basis training in the following: Inventory management. The assessment of the needs of State and local law enforcement agencies for eligible defense items. On and after the date that is three years after the date of the enactment of the Protecting Communities and Police Act of 2015, eligible defense items may not be transferred to a State or local law enforcement agency under this section unless the head of the law enforcement agency requesting such items certifies to the Director that any law enforcement officer who is authorized to use such items will have received training on the proper law enforcement use of such items by an instructor certified as described in subsection
(o)or section 2010 of the Homeland Security Act of 2002. Training required by subparagraph
(A)shall be completed by an individual who becomes a member of a State or local law enforcement agency by not later than one year after the date on which the individual becomes a member of the law enforcement agency. On and after the date that is three years after the date of the enactment of the Protecting Communities and Police Act of 2015, 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 head of the law enforcement agency requesting such items certifies to the Director that any law enforcement officer who is a member of such SWAT team will have participated during the preceding year in tactical SWAT team training by an instructor certified as described in subsection
(o)or section 2010 of the Homeland Security Act of 2002 and training required pursuant to paragraph (1). Training required by subparagraph
(A)shall be completed by an individual who becomes a member of a SWAT team by not later than one year after the date on which the individual becomes a member of the SWAT team. On and after the date that is three years after the date of the enactment of the Protecting Communities and Police Act of 2015, eligible defense items may not be transferred to a State or local law enforcement agency of a State under this section unless the Governor of the State (or the designee of the Governor) certifies to the Director of the Defense Logistics Agency that the State— has in place— a program, including a public complaint hotline, that provides individuals the ability to disclose any waste, fraud, or abuse in connection with the use of such items; 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). Eligible defense items may not be transferred to a State or local law enforcement agency under this section unless the head of the law enforcement agency requesting such items submits to the Director a written certification (in the form of a memorandum of understanding, memorandum of agreement, or letterhead correspondence) that an entity that is unaffiliated with 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 by an agreement between the governing body of 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. Subject to paragraph (2), a State or local law enforcement agency may transfer an eligible defense item transferred to the law enforcement agency under this section to another State or local law enforcement agency. An eligible defense item may not be transferred by a State or local law enforcement agency to another law enforcement agency under this subsection without the approval of the Director of the Defense Logistics Agency (or the designee of the Director). A law enforcement agency seeking the approval of the Director for the transfer of an item pursuant to this paragraph shall submit to the Director an application therefor in such form and manner as the Director shall specify in the regulations for purposes of this section under subsection (g). In the event an item transferred to a State or local law enforcement agency under this section is lost, stolen, or misappropriated— in the case of an offensive weapon or ordnance— on the first occurrence in the case of the law enforcement agency, the Director of the Defense Logistics Agency, after providing the law enforcement agency with notice and the opportunity to contest the allegation, shall suspend the law enforcement agency from eligibility for receipt of items under this section for a period of 6 months; and on any subsequent occurrence in the case of the law enforcement agency, the Director, after providing the law enforcement agency with notice and the opportunity to contest the allegation, shall suspend the law enforcement agency from eligibility for receipt of items under this section for a period of five years; and in the case of any other item— on the third occurrence in the case of the law enforcement agency, the Director, after providing the law enforcement agency with notice and the opportunity to contest the allegation, shall suspend the law enforcement agency from eligibility for receipt of items under this section for a period of 6 months; and on any subsequent occurrence in the case of the law enforcement agency, the Director, after providing the law enforcement agency with notice and the opportunity to contest the allegation, shall suspend the law enforcement agency from eligibility for receipt of items under this section for a period of three years. In the event a State or local law enforcement agency is determined by the Director (or the designee of the Director) to have intentionally falsified any information in requesting or applying for items under this section, the Director, after providing the law enforcement agency with notice and the opportunity to contest the determination, shall terminate the law enforcement agency from eligibility for receipt of items under this section. Not later than one year after the date of the enactment of the Protecting Communities and Police Act of 2015 and every year thereafter, each State or local law enforcement agency that receives eligible defense items under this section shall submit to the Director of the Defense Logistics Agency a report setting forth an accounting of such items. Each report of an agency shall include the following: For weapons, tactical vehicles, aircraft, and boats, time-stamped serial numbers of the items. Such information on the status and use of such items as the Secretary of Defense requires in order to make the reports required by paragraph (2). Not later than one year after the date of the enactment of the Protecting Communities and Police Act of 2015, once a year for every four years thereafter, and once every three years thereafter after such five years, the Secretary of Defense shall submit to the Attorney General, the Secretary of Homeland Security, and Congress, and make available to the public, a comprehensive report on the use during the preceding year of eligible defense items transferred under this section. Each report shall include the following: A description of all eligible defense items transferred under this section during the year covered by such report, including an appendix setting forth a plain English description or manufacturer make, model number, and name of each item transferred, the quantity of each item transferred, the recipient of each item, and a brief explanation of the need for each item by the recipient. A statement of the items described in subparagraph
(A)that were in new or like-new condition at the time of transfer. For each type of eligible defense item transferred under this section during the year covered by such report, the quantity, if any, of the same or a similar item purchased by the Department of Defense during the prior fiscal year. The number of requests for transfer of eligible defense items during the year covered by such report that were approved by State Coordinators and the Director of the Defense Logistics Agency. The number of requests for transfer of eligible defense items during the year covered by such report that were approved by State Coordinators but denied by the Director, and, for each such request, a statement of the type of item requested and the reason or reasons for the denial. The number of requests for transfer of eligible defense items during the year covered by such report that were denied by State Coordinators, and, for each such request, a statement of the type of item requested and the reason or reasons for the denial. Nothing in this section shall be construed to override, alter, or supersede the authority of the Director of the Defense Logistics Agency to dispose of property of the Department of Defense that is not a controlled defense item to law enforcement agencies under another other provision of law. Notwithstanding any provision of chapter 5 of title 40 or any other provision of law, the Administrator of General Services shall accord a priority in the disposal of excess and surplus items and equipment of the Department of Defense that are not controlled defense items to law enforcement agencies. In this section: The term controlled defense item means property of the Department of Defense that is subject to the restrictions of the United States Munitions List (22 Code of Federal Regulations Part 121) or the Commerce Control List (15 Code of Federal Regulations Part 774). The term eligible defense item means a controlled defense item that is eligible for transfer to a law enforcement agency pursuant to this section. 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 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 special justice item has the meaning given that term in section 509(a) of the Omnibus Crime Control and Safe Streets Act of 1968. The term State Coordinator means an individual appointed by the Governor of a State— to manage requests of State and local law enforcement agencies of the State for eligible defense items; and to ensure the appropriate use of eligible defense items transferred under this section by such law enforcement agencies. The term State or local law enforcement agency means a State or local agency or entity with law enforcement officers that have arrest and apprehension authority and whose primary function is to enforce the laws. The term includes a local educational agency with such officers. The term does not include a firefighting agency or entity. The term SWAT team means a Special Weapons and Tactics team or other specialized tactical team composed of State or local sworn law enforcement officers. 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 direction connection with, or support of, combat or tactical operations. . No item described in paragraph
(4)may be transferred under section 2576a of title 10, United States Code (as amended by subsection (a)), until the employment in the Defense Logistics Agency of law enforcement experts required by subsection
(e)of such section. Effective as of the date that is one year after the date of the enactment of this Act, no item described in paragraph
(4)may be transferred under section 2576a of title 10, United States Code (as so amended), until the appointment of the task force required by section 4 of this Act. Effective as of the date that is two years after the date of the enactment of this Act, no item described in paragraph
(4)may be transferred under section 2576a of title 10, United States Code (as so amended), until the publication under subsection (f)(3) of such section of the items determined to be eligible defense items for purposes of such section. An item described in this paragraph is the following: A controlled defense item. An eligible defense item. An item specified in section 2576a(g)(4)(B) of title 10, United States Code (as so amended). In this subsection, the terms controlled defense item and eligible defense item have the meaning given such terms in section 2576a(w) of title 10, United States Code (as so amended). Chapter 153 of title 10, United States Code, is amended— by redesignating section 2576b as section 2576d; and by inserting after section 2576a (as amended by subsection (a)) the following new sections: Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Defense may transfer to State agencies personal property of the Department of Defense that the Secretary determines is— not a controlled defense item, an eligible defense item, or an item specified in section 2576a(g)(4)(B) of this title; suitable for use by State agencies in law enforcement activities, including counter-drug and counter-terrorism activities; and excess to the needs of the Department of Defense. The Secretary shall carry out this section in consultation with the Attorney General and the Director of National Drug Control Policy. The Secretary of Defense may transfer personal property under this section only if— the property is drawn from existing stocks of the Department of Defense; the recipient accepts the property on an as-is, where-is basis; the transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment; and all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient. Subject to subsection (b)(4), the Secretary may transfer personal property under this section without charge to the recipient agency. In this section, the terms controlled defense item and eligible defense item have the meaning given such terms in section 2576a(w) of this title. Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Defense may transfer to Federal agencies personal property of the Department of Defense, including small arms and ammunition, that the Secretary determines is— suitable for use by the agencies in law enforcement activities, including counter-drug and counter-terrorism activities; and excess to the needs of the Department of Defense. The Secretary shall carry out this section in consultation with the Attorney General and the Director of National Drug Control Policy. The Secretary of Defense may transfer personal property under this section only if— the property is drawn from existing stocks of the Department of Defense; the recipient accepts the property on an as-is, where-is basis; the transfer is made without the expenditure of any funds available to the Department of Defense for the procurement of defense equipment; and all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient. Subject to subsection (b)(4), the Secretary may transfer personal property under this section without charge to the recipient agency. . The table of sections at the beginning of chapter 153 of title 10, United States Code, is amended by striking the items relating to sections 2576a and 2576b and inserting the following new items: 2576a. Excess personal property: sale or donation of certain controlled defense items for State or local law enforcement activities. 2576b. Excess personal property: sale or donation of certain non-controlled defense items for State or local law enforcement activities. 2576c. Excess personal property: sale or donation for Federal law enforcement activities. 2576d. Excess personal property: sale or donation to assist firefighting agencies. . Section 153(a) of title 10, United States Code, is amended— by redesignating paragraph
(6)as paragraph (7); and by inserting after paragraph
(5)the following new paragraph (6): Ensuring that Federal agencies to which property of the Department of Defense is transferred pursuant to section 2576c of this title accept responsibility for inventory, management, accountability, and disposal of such property. .
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Sec. 6
Modification of authority to transfer Department of Defense property for law enforcement activities
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