,,ii #aadth ,,congress #ast ,session ,s4 #abde ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #g1 #bjae,mrs4 ,mc,caskill introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for oversight of1 and place restrictions on1 ,federal programs that provide equipment to law enforcement agencies4 #a4 ,short title ,this ,act may be cited as the ,protecting ,communities and ,police ,act of #bjae4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,findings4 ,sec4 #d4 ,task force to assist ,federal officials in determining appropriateness of items for use by law enforcement4 ,sec4 #e4 ,urban ,area ,secure ,initiative grants and ,state ,homeland ,security ,program grants4 ,sec4 #f4 ,modification of authority to transfer ,department of ,defense property for law enforcement activities4 ,sec4 #g4 ,edward ,byrne ,memorial ,justice ,assistance ,grants4 ,sec4 #h4 ,department of ,justice reports on ,,swat teams4 ,sec4 #i4 ,federal ,law ,enforcement ,training ,center certification of instructors in training on use of force and special equipment4 #c4 ,findings ,congress finds the following3 7#a7 ,there is a lack of reliable data and information on the amount and types of weapons and equipment that law enforcement agencies purchase using ,federal funding1 and the use and deployment of those weapons and equipment4 7#b7 ,the ,federal ,government lacks reliable data and information about the number1 composition1 and deployment of ,special ,weapons and ,tactics teams 7referred to in this section as ,,swat teams74 7#c7 ,according to estimates1 the percentage of small towns in the ,united ,states that had ,,swat teams grew from #bj percent in the #aihjs to #hj percent in the mid-#bjjjs4 7#d7 ,according to estimates1 the number of ,,swat team raids per year grew from #c1jjj in the #aihjs to #de1jjj in the mid-#bjjjs4 7#e7 ,the majority of ,,swat team deployments are for the purpose of executing a warrant4 7#f7 ,in #bjad1 the ,federal ,government provided more than #b1jjj1jjj1jjj in grants and equipment to law enforcement agencies4 7#g7 ,in #bjac and #bjad1 the ,department of ,defense provided excess ,mine ,resistant ,ambush ,protected vehicles 7referred to in this section as ,m,r,a,ps7 to #fbd local law enforcement agencies for free4 7#h7 ,m,r,a,ps can weigh up to #ag tons and cost up to #fjj1jjj1 and are known to damage road surfaces due to their weight4 7#i7 ,state and local governments that are responsible for oversight of their law enforcement agencies are not always aware of equipment and grant funding that the law enforcement agencies obtain from the ,federal ,government4 #d4 ,task force to assist ,federal officials in determining appropriateness of items for use by law enforcement 7a7 ,in general ,the ,administrator of the ,federal ,emergency ,management ,agency1 the ,director of the ,defense ,logistics ,agency1 and the ,attorney ,general shall jointly appoint a task force to assist each such official in discharging certain functions as required under-- 7#a7 section #bjji of the ,homeland ,security ,act of #bjjb1 as added by section #e2 7#b7 section #begf;a of title #aj1 ,united ,states ,code1 as added by section #f2 and 7#c7 section #eji of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh1 as added by section #g4 7b7 ,members ,the task force appointed under this section shall include the following3 7#a7 ,one representative from a law enforcement agency within the ,department of ,homeland ,security4 7#b7 ,an individual appointed under section #bjji7;h77#b7 of the ,homeland ,security ,act of #bjjb1 as added by section #e4 7#c7 ,in consultation with the ,director of the ,federal ,bureau of ,investigation1 #a representative from the ,federal ,bureau of ,investigation or the ,,fbi ,academy4 7#d7 ,an individual employed by the ,defense ,logistics ,agency pursuant to section #begf;a7e77#b7 of title #aj1 ,united ,states ,code1 as added by section #f4 7#e7 ,an individual appointed under section #eji7;h77#a77;,b7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh1 as added by section #g4 7#f7 ,one representative of each of the ,fraternal ,order of ,police1 the ,national ,association of ,police ,organizations1 the ,national ,organization of ,black ,law ,enforcement ,officers1 the ,national ,tactical ,officers ,association1 the ,international ,association of ,bomb ,technicians and ,investigators1 the ,national ,bomb ,squad ,commanders ,advisory ,board1 the ,airborne ,law ,enforcement ,association1 the ,international ,association of ,chiefs of ,police1 the ,national ,sheriffs ,association1 the ,national ,governors ,association1 and the ,united ,states ,conference of ,mayors4 7#g7 ,an individual unaffiliated with an organization specified in paragraph 7#f7 who has a doctoral or masters degree in criminology or criminal justice and a demonstrated expertise in police tactics4 7#h7 ,one or more individuals from an organization or organizations whose mission is related to the protection of civil rights and liberties1 including the ,american ,civil ,liberties ,union1 the ,center for ,constitutional ,rights1 the ,lawyers ,committee for ,civil ,rights ,under ,law1 the ,leadership ,conference on ,civil and ,human ,rights1 the ,national ,association for the ,advancement of ,colored ,people1 the ,,naacp ,legal ,defense and ,educational ,fund1 ,inc41 and the ,rainbow ,,push ,coalition1 selected by the ,administrator in consultation with the head of such organization4 7c7 ,authorization of appropriations ,there is authorized to be appropriated for the activities of the task force appointed under this section #a1jjj1jjj for the first fiscal year beginning after the date of enactment of this ,act4 #e4 ,urban ,areas ,security ,initiative and ,state ,homeland ,security grant program 7a7 ,in general ,subtitle ,a of title ,,xx of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjc et seq47 is amended by adding at the end the following3 #bjji4 ,use of funds by law enforcement 7a7 ,definitions ,in this section-- 7#a7 the term ,authorized ,equipment ,list means the ,authorized ,equipment ,list published by the ,grant ,programs ,directorate of the ,federal ,emergency ,management ,agency2 7#b7 the term covered funds means funds awarded under section #bjjc or #bjjd2 7#c7 the term law enforcement agency-- 7,a7 means an agency or entity with law enforcement officers-- 7i7 who have arrest and apprehension authority2 and 7ii7 whose primary function is to enforce the laws2 7,b7 includes a local educational agency with officers described in subparagraph 7,a72 and 7,c7 does not include a firefighting agency or entity2 7#d7 the term law enforcement council means a consortium of law enforcement agencies operating in a partnership within a region to promote and enhance public safety2 7#e7 the term law enforcement equipment list means the list of items designated by the ,administrator under subsection 7b77#a77;,b72 7#f7 the term local educational agency has the meaning given that term in section #hjac7i7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggac7i772 7#g7 the term prohibited item means an item that is not on the law enforcement equipment list2 7#h7 the term restricted item means-- 7,a7 tactical law enforcement ballistic protection equipment1 including body armor1 a ballistic helmet1 a ballistic shield1 a battle dress uniform1 or camouflage uniforms or clothing2 7,b7 a remotely piloted aerial vehicle2 7,c7 a tactical military vehicle2 7,d7 facial recognition software2 7,e7 watercraft2 or 7,f7 manned aircraft2 7#i7 the term ,,swat team means a ,special ,weapons and ,tactics team or other specialized tactical team composed of sworn law enforcement officers2 and 7#aj7 the term tactical military vehicle means an armored vehicle having military characteristics resulting from military research and development processes1 designed primarily for use by forces in the field in direct connection with1 or support of1 combat or tactical operations4 7b7 ,assessment of ,authorized ,equipment ,list2 designation of approved items 7#a7 ,in general ,the ,administrator shall1 in consultation with the task force appointed under section #d of the ,protecting ,communities and ,police ,act of #bjae-- 7,a7 as soon as practicable after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 assess the appropriateness of items on the ,authorized ,equipment ,list for use by law enforcement agencies in counterterrorism activities2 7,b7 not later than #c years after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 based on the assessment conducted under subparagraph 7,a7 and in accordance with the procedures required under paragraph 7#b71 designate a list of items1 which may include restricted items1 that may be purchased using covered funds for use by a law enforcement agency2 and 7,c7 not less frequently than once every #e years1 review and revise1 as appropriate1 the list of items designated under subparagraph 7,b74 7#b7 ,publication ,the ,administrator shall publish the law enforcement equipment list on the website of the ,department and in the ,federal ,register4 7#c7 ,prohibited items 7,a7 ,in general ,except as provided in subparagraph 7,b71 a law enforcement agency may not-- 7i7 use covered funds to purchase a prohibited item2 or 7ii7 receive a prohibited item that was purchased using covered funds4 7,b7 ,exception for threats to national security ,a law enforcement agency may purchase a prohibited item using covered funds1 or receive a prohibited item that was purchased using covered funds1 if-- 7i7 the ,administrator determines that the prohibited item will be useful in preventing or mitigating damage resulting from a threat to national security2 7ii7 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 site2 and 7iii7 the law enforcement agency provides a copy of the agreement described in clause 7ii7 to the ,administrator4 7#d7 ,reports to ,congress on expected publication of final law enforcement equipment list ,beginning in the third full fiscal year after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 the ,administrator shall submit to ,congress a monthly report on the expected date of publication of the final law enforcement equipment list4 7#e7 ,authority to make grants contingent on publication of final list ,beginning in the fifth full fiscal year after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 the ,administrator shall withhold from a grant awarded under section #bjjc or #bjjd any amounts that are intended for use by a law enforcement agency unless the ,administrator has published a final law enforcement equipment list4 7c7 ,other restrictions and limitations on use of covered funds 7#a7 ,restricted items purchased using covered funds 7,a7 ,requirements ,a law enforcement agency may not receive or use covered funds for the purchase of a restricted item1 or receive a restricted item purchased using covered funds1 unless the law enforcement agency-- 7i7 except as provided in subparagraph 7,b71 publishes a needs justification statement-- 7,i7 that1 except as provided in subclause 7,,ii71 includes the information required under subparagraph 7,d7 if that information is not otherwise publicly available2 and 7,,ii7 from which the law enforcement agency may redact-- 7aa7 the information required under clause 7x7 or 7xi7 of subparagraph 7,d72 and 7bb7 with respect to the training records required under clause 7vi71 any personally identifiable information and all but the title and subject of such training2 7ii7 obtains the approval of the head of the ,state1 political subdivision of a ,state1 or ,indian tribe of which the law enforcement agency is an agency to obtain the restricted items2 and 7iii7 submits the needs justification statement1 including all information required under subparagraph 7,d71 to the ,state1 high-risk urban area1 or directly eligible tribe from which the law enforcement agency is to receive the covered funds or restricted item4 7,b7 ,ongoing operations ,the requirements under subparagraph 7,a7 shall not apply to a law enforcement agency that obtains a restricted item that was purchased using covered funds to be used in an active1 ongoing counterterrorism operation4 7,c7 ,notification to ,administrator regarding approval of certain applications ,if an official other than the ,administrator approves an application for a grant under section #bjjc or #bjjd that proposes to use funds for the purchase of a restricted item1 the official shall notify the ,administrator of the approval before distributing those funds4 7,d7 ,needs justification statements ,a needs justification statement of a law enforcement agency shall include the following3 7i7 ,the type and number of restricted items proposed to be purchased on behalf of1 or distributed to1 the law enforcement agency4 7ii7 ,the number of sworn1 full-time law enforcement officers of the law enforcement agency4 7iii7 ,the number1 if any1 of items similar to the restricted item that the law enforcement agency has in good working condition4 7iv7 ,the number and type of items1 if any1 that the law enforcement agency has that were-- 7,i7 transferred to the law enforcement agency under section #begf;a of title #aj1 ,united ,states ,code2 or 7,,ii7 purchased using funds from the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq47 during the #e-year period preceding the date on which the statement is published4 7v7 ,the use of force policy of the law enforcement agency4 7vi7 ,whether the law enforcement agency intends for a ,,swat team to use the restricted item1 and1 if so1 the training records of the ,,swat team1 including the course outlines of such training4 7vii7 ,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 agency4 7viii7 ,the capability gap to be filled by the restricted item1 and a description of the proposed use of the restricted item by the law enforcement agency4 7ix7 ,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 force4 7x7 ,whether the law enforcement agency is currently under investigation1 or has been under investigation during the preceding #aj years1 by the ,department of ,justice1 an inspector general1 or any equivalent ,state or local entity for civil rights abuses or excessive use of force4 7xi7 ,whether the head of the law enforcement agency has ever been determined by the ,department of ,justice1 an inspector general1 or any equivalent ,state or local entity to have engaged in civil rights abuses or excessive use of force1 if such information is publicly available4 7xii7 7,i7 ,whether the law enforcement agency requested funds from a regional1 ,state1 or local political entity to purchase the requested item2 7,,ii7 if the law enforcement agency requested funds from a regional1 ,state1 or local political entity and the request was denied1 a statement of the reason or reasons for the denial2 and 7,,iii7 if the law enforcement agency did not request funds from a regional1 ,state1 or local political entity1 a statement explaining why the law enforcement agency did not do so4 7xiii7 ,a certification that any item on the law enforcement equipment list purchased using covered funds has not been1 and will not be1 used by a ,,swat team of the law enforcement agency engaging in routine patrol-related incidents1 non-tactical incidents1 or non-tactical assignments4 7xiv7 ,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 appropriate4 7#b7 ,restrictions on small agencies 7,a7 ,tactical military vehicles ,a law enforcement agency with #aj or fewer sworn law enforcement officers-- 7i7 that has #a or more functioning tactical military vehicles may not-- 7,i7 use covered funds for the purchase of a tactical military vehicle2 or 7,,ii7 receive a tactical military vehicle purchased using covered funds2 7ii7 that does not have a functioning tactical military vehicle may-- 7,i7 use covered funds for the purchase of not more than #a tactical military vehicle2 or 7,,ii7 receive not more than #a tactical military vehicle purchased using covered funds2 or 7iii7 that is the designated procurement agency for a multi-jurisdictional joint-use agreement may use covered funds for the purchase of more than #a tactical military vehicle1 or receive more than #a tactical military vehicle purchased using covered funds1 if agency purchases or receives not more than #a tactical military vehicle for every #aj sworn law enforcement officers covered by the joint-use agreement4 7,b7 ,limitation on use of covered funds by small ,,swat teams ,a law enforcement agency may not use covered funds to purchase a restricted item1 or receive a restricted item purchased using covered funds1 for use by a ,,swat team-- 7i7 composed of fewer than #ag sworn law enforcement officers2 7ii7 composed entirely of members from a single law enforcement agency that has fewer than #ce sworn law enforcement officers2 7iii7 composed of members from #b or more law enforcement agencies that have1 in aggregate1 fewer than #ce sworn law enforcement officers2 or 7iv7 in a routine patrol-related incident1 non-tactical incident1 or non-tactical assignment4 7#c7 ,transportation costs ,covered funds may not be used to pay the cost of transporting an eligible defense item transferred to a law enforcement agency under section #begf;a of title #aj1 ,united ,states ,code4 7#d7 ,agencies under consent decrees or civil rights investigations ,a law enforcement agency for which a consent decree is in effect between the ,united ,states and the law enforcement agency1 or that is under investigation by the ,department of ,justice1 relating to civil rights abuses or excessive use of force may not1 without the approval of the ,department of ,justice-- 7,a7 use covered funds to purchase a restricted item2 or 7,b7 receive a restricted item that was purchased using covered funds4 7d7 ,training and certification 7#a7 ,state certification of law enforcement instructors on law enforcement tactics and the use of restricted items 7,a7 ,in general ,on and after the date that is #c years after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 a ,state1 any jurisdiction within the ,state1 and any directly eligible tribe any part of which is located within the ,state1 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 7,b74 7,b7 ,program requirements ,the requirements for a program described in subparagraph 7,a7 are the following3 7i7 ,the program shall include instruction in training on the following3 7,i7 ,the use of force by law enforcement officers in the ordinary course of their duties4 7,,ii7 ,the use of restricted items by law enforcement officers in the ordinary course of their duties4 7,,iii7 ,the use of restricted items by ,,swat teams4 7,,iv7 ,the appropriate deployment of ,,swat teams4 7,v7 ,civil rights and civil liberties4 7,,vi7 ,any other matters on the training of law enforcement officers that the head of the ,state law enforcement agency considers appropriate4 7ii7 ,a list of the instructors who are certified pursuant to the program or pursuant to the program conducted by the ,secretary under section #bjaj shall be maintained and published4 7,c7 ,discharge through existing programs ,a ,state may satisfy the requirement under subparagraph 7,a7 using a program in effect on the date that is #c years after the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae if such program satisfies the requirements in subparagraph 7,b74 7#b7 ,minimum annual training requirements 7,a7 ,establishment ,on and after the date that is #c years after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 a ,state1 any jurisdiction within the ,state1 and any directly eligible tribe any part of which is located within the ,state1 may not receive covered funds1 or equipment purchased using covered funds1 unless the ,state establishes minimum annual training requirements for all sworn law enforcement officers in the ,state1 including-- 7i7 specialized leadership training requirements for heads of law enforcement agencies who have-- 7,i7 decisionmaking authority on the deployment of ,,swat teams and tactical military vehicles2 or 7,,ii7 responsibility for drafting policies on the use of force and ,,swat team deployment2 7ii7 specialized ,,swat team training requirements for all ,,swat team members in law enforcement tactics used in tactical operations2 7iii7 training in the appropriate use and deployment of tactical military vehicles2 and 7iv7 not less than #a training session on sensitivity1 including training on ethnic and racial bias1 cultural diversity1 and law enforcement interaction with disabled individuals1 mentally ill individuals1 and new immigrants4 7,b7 ,federally certified or ,state-certified instructors ,the training requirements established by a ,state under subparagraph 7,a7 may only be satisfied through training conducted by an instructor certified under-- 7i7 the program conducted by the ,secretary under section #bjaj2 or 7ii7 a program conducted by a ,state under paragraph 7#a74 7,c7 ,certification of completed training ,on and after the date that is #a year after the date on which a program is established under paragraph 7#a71 a law enforcement agency may not directly or indirectly receive covered funds1 or receive equipment purchased using covered funds1 unless the law enforcement agency certifies to the entity from which the law enforcement agency is seeking funds or equipment that1 during the preceding year1 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 7,a7 of this paragraph1 including specialized ,,swat team training requirements4 7,d7 ,false certification ,the ,administrator shall suspend or terminate the eligibility of a law enforcement agency to directly or indirectly receive covered funds1 or receive equipment purchased using covered funds1 if the law enforcement agency intentionally submits a false certification under subparagraph 7,c7 that a law enforcement officer met the minimum annual training requirements established by the ,state in which the agency is located under subparagraph 7,a74 7,e7 ,satisfaction by recent hirees ,the requirements under subparagraph 7,a7 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 #a year after the date on which the individual becomes an officer in the law enforcement agency or a member of a ,,swat team1 as applicable4 7e7 ,reporting requirements 7#a7 ,annual reports by ,administrator ,the ,administrator shall make public and submit to ,congress and the ,attorney ,general-- 7,a7 an annual report on the purchase by law enforcement agencies of restricted items purchased using covered funds2 and 7,b7 an annual report on the purchase and use by law enforcement agencies of tactical military vehicles and remotely piloted aerial vehicles purchased using covered funds4 7#b7 ,grant applicants and recipients 7,a7 ,list of equipment purchased ,as a condition of receiving a grant under section #bjjc or #bjjd1 a ,state1 high-risk urban area1 or directly eligible tribe shall submit to the ,administrator1 as part of the report submitted under section #bjbb7;b77#a77;,a7 relating to the last quarter of any fiscal year1 a description of the quantity and specific type of equipment purchased by the recipient and any subgrantee of the recipient using covered funds4 7,b7 ,agencies with special equipment ,as a condition of receiving a grant under section #bjjc or #bjjd1 a ,state1 high-risk urban area1 or directly eligible tribe shall submit to the ,administrator a report that describes1 for each law enforcement agency that purchased a restricted item using covered funds made available by the ,state1 high-risk urban area1 or directly eligible tribe1 or received a restricted item that the ,state1 high-risk urban area1 or directly eligible tribe purchased using covered funds-- 7i7 the needs justification statement that the law enforcement agency submitted to the ,state1 high-risk urban area1 or directly eligible tribe with respect to the restricted item under subsection 7c77#a77;,a77iii72 and 7ii7 the number and types of restricted items that the law enforcement agency purchased or received4 7,c7 ,,swat team deployment records ,a law enforcement agency that uses covered funds to purchase a tactical military vehicle1 or receives a tactical military vehicle purchased using covered funds1 for use by a ,,swat team shall maintain a record of each deployment of the tactical military vehicle by the ,,swat team1 which shall include-- 7i7 the type of police activity for which the tactical military vehicle is deployed2 7ii7 the rationale for the deployment2 7iii7 the nexus between-- 7,i7 the use of force policy and ,,swat team policy of the law enforcement agency1 if applicable2 and 7,,ii7 the police activity for which the tactical military vehicle is deployed2 and 7iv7 a description1 written after the deployment1 of whether force or weapons were used by or against the law enforcement officers deploying the tactical military vehicle4 7f7 ,whistleblower and independent oversight requirements 7#a7 ,whistleblower requirements ,on or after the date that is #c years after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 a ,state1 any jurisdiction within the ,state1 and any directly eligible tribe any part of which is located within the ,state1 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-- 7,a7 has in place-- 7i7 a program1 including a public complaint hotline1 that provides individuals the ability to disclose any-- 7,i7 misuse of equipment purchased using covered funds2 or 7,,ii7 other waste1 fraud1 or abuse in connection with the use of covered funds2 and 7ii7 mechanisms 7commonly referred to as whistleblower protections7 to protect individuals who make a disclosure described in clause 7i7 from retaliatory or other adverse personnel actions in connection with such disclosures2 and 7,b7 publicizes the existence of the program and whistleblower protections described in subparagraph 7,a74 7#b7 ,certification of oversight and accountability 7,a7 ,certification required ,a law enforcement agency may not receive a restricted item purchased using covered funds1 or directly or indirectly receive covered funds to purchase a restricted item1 unless the head of the law enforcement agency submits to the ,administrator a written certification 7in the form of a memorandum of understanding1 memorandum of agreement1 or letterhead correspondence7 that an entity that does not report to the head of the law enforcement agency is authorized-- 7i7 to receive any complaints regarding the use of any equipment and funds of the law enforcement agency2 7ii7 to periodically review and assess the use of such equipment and funds by the law enforcement agency2 and 7iii7 to make recommendations to the law enforcement agency regarding the use of such equipment and funds by the law enforcement agency that are either-- 7,i7 non-binding in character2 or 7,,ii7 binding in character1 if authorized by-- 7aa7 a law or ordinance governing the law enforcement agency or the entity2 or 7bb7 an agreement between the law enforcement agency and organizations representing law enforcement officers of the law enforcement agency4 7,b7 ,discharge through existing entities ,a law enforcement agency may satisfy the requirement in subparagraph 7,a7 through an entity that exists as of the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae1 including an independent review board1 a ,federal1 ,state1 or local inspector general1 a ,federal1 ,state1 county1 or city attorney general1 a district attorney1 the ,federal ,bureau of ,investigation or another ,federal agency1 a ,state agency1 a ,state or local governing body 7such as a city council or county commission71 a law enforcement council1 or an independent entity established by one or more such officials1 agencies1 or entities on behalf of one or more law enforcement agencies4 7g7 ,suspension and termination 7#a7 ,for lost or stolen items ,as a condition of receiving a grant under section #bjjc or #bjjd1 a ,state1 high-risk urban area1 or directly eligible tribe shall implement procedures under which1 if a restricted item that was purchased using covered funds and is in the possession of a law enforcement agency is lost1 stolen1 or misappropriated-- 7,a7 on the first occurrence1 and after the law enforcement agency is provided with notice and the opportunity to contest the allegation1 the eligibility of the law enforcement agency to receive covered funds to purchase a restricted item1 or to receive a restricted item purchased using covered funds1 shall be suspended for a period of not less than #f months2 and 7,b7 on the subsequent occurrence1 and after the law enforcement agency is provided with notice and the opportunity to contest the allegation1 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 #e years4 7#b7 ,intentional falsification of information ,as a condition of receiving a grant under section #bjjc or #bjjd1 a ,state1 high-risk urban area1 or directly eligible tribe shall implement procedures under which the eligibility of a law enforcement agency to receive covered funds1 or to receive a restricted item purchased using covered funds1 shall1 if the law enforcement agency is determined to have intentionally falsified any information relating to the purchase or receipt of a restricted item1 and after the law enforcement agency is provided with notice and the opportunity to contest the allegation1 be suspended for a period of not less than #e years4 7#c7 ,disclosure to ,administrator ,each ,state1 high-risk urban area1 or directly eligible tribe that receives a grant under section #bjjc or #bjjd shall submit to the ,administrator an annual report that describes each law enforcement agency that is ineligible1 due to a suspension or termination under paragraph 7#a7 or 7#b71 to receive covered funds to purchase a restricted item1 or to receive a restricted item purchased using covered funds4 7h7 ,law enforcement expertise 7#a7 ,definition ,in this subsection1 the term covered grant application means a grant application under section #bjjc or #bjjd that proposes to-- 7,a7 use funds for the purchase of a restricted item for use by a law enforcement agency2 or 7,b7 provide funds to a law enforcement agency for the purchase of a restricted item4 7#b7 ,appointment ,the ,administrator shall appoint individuals with expertise in ,state1 county1 or local law enforcement agency functions to assist the ,administrator in-- 7,a7 determining which items are appropriate for inclusion on the law enforcement equipment list2 and 7,b7 assessing covered grant applications4 7#c7 ,number of individuals ,the ,administrator shall appoint as many individuals under paragraph 7#b7 as necessary to ensure that-- 7,a7 not less that #a such individual assesses each covered grant application2 and 7,b7 the involvement of such individuals in the process of assessing covered grant applications does not substantially delay the process4 7#d7 ,managerial experience preferred ,in appointing individuals under paragraph 7#b71 the ,administrator shall give preference to individuals with law enforcement managerial experience4 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-if2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #bjjh the following3 ,sec4 #bjji4 ,use of funds by law enforcement4 4 #f4 ,modification of authority to transfer ,department of ,defense property for law enforcement activities 7a7 ,restatement and modification of current authority for transfer for ,state and local law enforcement activities ,section #begf;a of title #aj1 ,united ,states ,code1 is amended to read as follows3 #begf;a4 ,excess personal property3 sale or donation of certain controlled defense items for ,state or local law enforcement activities 7a7 ,transfer authorized ,notwithstanding any other provision of law and subject to the provisions of this section1 the ,secretary of ,defense may transfer to ,state and local law enforcement agencies for law enforcement activities controlled defense items of the ,department of ,defense1 including small arms and ammunition1 that are determined in accordance with subsection 7f7 to be eligible defense items for purposes of this section4 7b7 ,no transfer of items requested by ,federal agencies ,an item may not be transferred under this section if requested for transfer by a ,federal agency under section #begf;b of this title4 7c7 ,conditions for transfer ,the ,secretary of ,defense may transfer items under this section only if-- 7#a7 the items are drawn from existing stocks of the ,department of ,defense2 7#b7 the recipient accepts the items on an as-is1 where-is basis2 7#c7 the transfer is made without the expenditure of any funds available to the ,department of ,defense for the procurement of defense equipment2 7#d7 all costs incurred subsequent to the transfer of the items are borne or reimbursed by the recipient2 and 7#e7 the recipient agrees to comply with any inventory1 accountability1 reporting1 and disposal requirements prescribed in the regulations for purposes of this section under subsection 7g74 7d7 ,consideration ,subject to subsection 7c77#d71 the ,secretary of ,defense may transfer items under this section without charge to the recipient agency4 7e7 ,assistance for ,director of ,,dla in discharge of certain function by experts in law enforcement activities 7#a7 ,in general ,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 7#b74 ,the ,director shall ensure that the number of individuals so employed is sufficient to ensure the timely assessment of applications described in paragraph 7#b77;,a7 in order to ensure that no delay occurs in the transfer of eligible defense items under this section by reason of such assessments4 ,the ,director shall accord a preference in the employment under this paragraph of individuals with experience in law enforcement management4 7#b7 ,functions ,individuals employed under this subsection shall assist the ,director in the following3 7,a7 ,the assessment of applications of ,state and local law enforcement agencies for the transfer of eligible defense items in accordance with subsection 7j77#c74 7,b7 ,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 7h77#a74 7f7 ,determination and notice to public on eligible defense items 7#a7 ,controlled defense items appropriate for treatment as eligible defense items ,the ,secretary of ,defense shall1 acting through the ,director of the ,defense ,logistics ,agency1 maintain1 and periodically update1 a list of current controlled defense items that are appropriate for treatment as eligible defense items for purposes of this section4 7#b7 ,determination of controlled defense items as eligible defense items ,the ,director shall1 in consultation with the task force appointed pursuant to section #d of the ,protecting ,communities and ,police ,act of #bjae and in accordance with the regulations for purposes of this section under subsection 7g71 identify controlled defense items that are appropriate for treatment as eligible defense items for purposes of this section by identifying controlled defense items that-- 7,a7 can be readily put to civilian use by ,state and local law enforcement agencies2 and 7,b7 are suitable for transfer to ,state and local law enforcement agencies pursuant to this section4 7#c7 ,availability to public of eligible defense items list ,upon a determination pursuant to paragraph 7#b7 of controlled defense items to be treated as eligible defense items for purposes of this section1 the ,director shall make available to the public1 on an ,internet website of the ,department of ,defense available to the public1 a list of all controlled defense items currently treated as eligible defense items for purposes of this section4 ,the ,internet website may be a current website of the ,department or a website of the ,department established and maintained for purposes of this section4 7g7 ,requirements and limitations on determinations of controlled defense items as eligible defense items 7#a7 ,regulations 7,a7 ,regulations required ,the determination under subsection 7f77#b7 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 ,agency1 in consultation with the task force appointed pursuant to section #d of the ,protecting ,communities and ,police ,act of #bjae4 ,public notice and comment shall not be required in connection with any such determination unless otherwise required by such regulations4 7,b7 ,periodic review required ,the ,director shall1 in consultation with the task force1 review and revise the regulations for purposes of this section not less often than once every five years4 7,c7 ,manner of prescription ,in prescribing or revising regulations under this paragraph1 the ,director shall publish a written statement from the task force on the extent of its approval of such regulations as so prescribed or revised4 7,d7 ,technological advances ,the ,director may1 in consultation with the task force1 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 7f77#b7 to be eligible defense items for purposes of this section4 ,in so updating the regulations1 the ,director shall publish a written statement on the extent of the approval of the task force of the regulations as so revised4 7#b7 ,authorized elements ,the regulations for purposes of this section may include the following3 7,a7 ,tiers of eligibility of ,state or local law enforcement agencies for transfers of eligible defense items based on types of items1 need of law enforcement agencies for particular items1 size and capabilities of law enforcement agencies1 or such other factors as the ,director1 in consultation with the task force referred to in paragraph 7#a77;,b71 may specify in the regulations4 7,b7 ,restrictions on the numbers or types of eligible defense items that may be transferred to a particular ,state or local law enforcement agency1 within a particular period of time1 to law enforcement agencies in a particular region1 or such other factors as the ,director1 in consultation with the task force1 may specify in regulations4 7,c7 ,restrictions on the use of particular eligible defense items by ,state or local law enforcement agencies based on size1 capability1 or such other factors the ,director1 in consultation with the task force1 may specify in the regulations4 7,d7 ,such inventory1 accountability1 reporting1 and disposal requirements regarding eligible defense items transferred under this section as the ,director1 in consultation with the task force1 considers appropriate4 7,e7 ,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 agency4 7#c7 ,prohibition on treatment of certain items as eligible defense items ,the regulations for purposes of this section shall prohibit the treatment as eligible defense items for purposes of this section of the following3 7,a7 ,mine ,resistant ,ambush ,protected 7,,mrap7 vehicles4 7,b7 ,remotely piloted aircraft that are armored1 weaponized1 or both4 7,c7 ,aircraft that are combat configured or combat coded or have no established commercial flight application4 7,d7 ,bayonets4 7,e7 ,tasers developed primarily for use by the military4 7,f7 ,any controlled defense item that cannot be purchased by ,state or local law enforcement agencies in the private sector4 7,g7 ,any other controlled defense item determined by the ,director to be unsuitable for use by ,state or local law enforcement agencies4 7#d7 ,approval required before transfer of certain items 7,a7 ,in general ,if any item specified in subparagraph 7,b7 is an eligible defense item for purposes of this section1 such item may not be transferred under this section without the approval of the ,director1 in consultation with an individual employed pursuant to subsection 7e74 7,b7 ,items ,the items specified in this subparagraph are the following3 7i7 ,weapons over 4#ej caliber4 7ii7 ,grenades1 flash bang grenades1 grenade launchers1 and grenade launcher attachments4 7iii7 ,tactical military vehicles4 7#e7 ,limitations on transfer of tactical military vehicles to small law enforcement agencies ,the regulations for purposes of this section shall limit the transfer of tactical military vehicles to a ,state or local law enforcement agency with #aj or fewer sworn law enforcement officers as follows3 7,a7 ,if the law enforcement agency has one or more functioning tactical military vehicles1 a tactical military vehicle may not be transferred to the agency4 7,b7 ,if the law enforcement agency does not have a functioning tactical military vehicle1 not more than one tactical military vehicle may be transferred to the agency4 7,c7 ,if the law enforcement agency is the designated procurement agency for a multi-jurisdictional joint-use agreement1 not more than #a tactical military vehicle may be transferred to the agency for every #aj sworn law enforcement officers covered by the joint-use agreement4 7#f7 ,limitation on transfer of camouflage uniforms or clothing ,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 clothing4 7#g7 ,prohibitions on transfer of items for use by small ,,swat teams ,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 follows3 7,a7 ,a ,,swat team composed of fewer than #ag sworn law enforcement officers4 7,b7 ,a ,,swat team composed entirely of members from a single ,state or local law enforcement agency that has fewer than #ce sworn law enforcement officers4 7,c7 ,a ,,swat team composed of members from #b or more ,state or local law enforcement agencies which agencies have1 in aggregate1 fewer than #ce sworn law enforcement officers4 7#h7 ,prohibition on transfer of certain items to law enforcement agencies under consent decrees 7,a7 ,in general ,the regulations for purposes of this section shall prohibit the transfer of items specified in subparagraph 7,b7 to a ,state or local law enforcement agency for which a consent decree is in effect between the ,united ,states and the law enforcement agency1 or that is under investigation by the ,department of ,justice1 relating to civil rights abuses or excessive use of force1 without the approval of the ,department of ,justice4 7,b7 ,items ,the items specified in this subparagraph are the following3 7i7 ,weapons4 7ii7 ,tactical military vehicles4 7#i7 ,transfer to local education agencies 7,a7 ,prohibition on transfer ,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 follows3 7i7 ,a local educational agency that is served by a ,state or local law enforcement agency that-- 7,i7 is unaffiliated with the local educational agency2 and 7,,ii7 has items or equipment identical or similar to the eligible defense items otherwise to be transferred4 7ii7 ,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 agency4 7,b7 ,limitation on use of funds ,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-- 7i7 to transport the item to the district of the local educational agency2 or 7ii7 to maintain the item4 7#aj7 ,prohibition on requirement for timely use of transferred items ,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 concerned4 7h7 ,national security exception for transfer of certain controlled defense items not treatable as eligible defense items 7#a7 ,threats to national security ,the regulations for purposes of this section under subsection 7g7 shall permit the transfer of a controlled defense item that is not treated as an eligible defense item for purposes of this section if-- 7,a7 there is an actionable threat to national security2 and 7,b7 the ,director of the ,defense ,logistics ,agency1 in consultation with individuals employed pursuant to subsection 7e71 determines that the item will be useful in preventing or mitigating damage resulting from the threat described in subparagraph 7,a74 7#b7 ,update to list ,if an actionable threat to national security justifies the transfer of a controlled defense item under this subsection1 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 practicable4 ,a transfer of a controlled defense item may occur in accordance with paragraph 7#a7 regardless of whether the update to the regulations for purposes of this section has been made under this paragraph at the time of transfer4 7#c7 ,applicability of other requirements ,if an actionable threat to national security justifies the transfer of a controlled defense item under this subsection1 any requirements1 prohibitions1 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 subsection4 7#d7 ,disposition of items after threat ,upon the cessation of the threat to national security for which a controlled defense item is transferred under this subsection1 the ,state or local law enforcement agency receiving the item shall-- 7,a7 arrange for the storage of the item with the ,national ,guard of the ,state concerned2 or 7,b7 if arrangements under subparagraph 7,a7 cannot be made1 transfer the item to the ,director4 7i7 ,notice to law enforcement agencies on available stocks of eligible defense items 7#a7 ,,dla review and notice on ,do,d stocks ,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 quantity1 if any1 of surplus stocks of the ,department of items that are currently treated as eligible defense items for purposes of this section4 7#b7 ,notice to law enforcement agencies on available stocks of items ,the ,director shall make information on the results of reviews under paragraph 7#a7 available to the public on the ,internet website of the ,department referred to in subsection 7f77#c74 7j7 ,mechanisms of transfer of eligible defense items to law enforcement agencies 7#a7 ,application ,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 located4 ,the application shall include a statement of the need of the agency for the items and the information specified in subsection 7l74 7#b7 ,state ,coordinator review ,a ,state ,coordinator shall review1 and approve or disapprove1 each application submitted to the ,state ,coordinator under paragraph 7#a74 ,in determining whether to approve or disapprove an application1 a ,state ,coordinator shall apply all criteria applicable to the application in the regulations for purposes of this section under subsection 7g74 ,a ,state ,coordinator shall transmit each such application1 whether approved or disapproved1 to the ,director of the ,defense ,logistics ,agency1 together with the information specified in subsection 7l74 7#c7 ,director of ,,dla review of approved applications ,the ,director shall review1 and approve or disapprove1 each application transmitted to the ,director pursuant to paragraph 7#b7 that is approved by a ,state ,coordinator under that paragraph4 ,as part of the review of each application1 the ,director shall obtain an assessment of such application by an individual employed pursuant to subsection 7e74 7#d7 ,discharge of transfer ,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 subsection4 7k7 ,public notice on requests for transfers 7#a7 ,in general ,except as provided in paragraph 7#b71 a ,state or local law enforcement agency requesting transfer of an eligible defense item under this section1 including pursuant to interagency transfer under subsection 7r71 shall-- 7,a7 publish notice to the public on such request1 including the information specified in subsection 7l7 7other than paragraphs 7#g71 7#aa71 7#ab71 and 7#af7 of that subsection1 and with any personally identifiable information otherwise required by paragraphs 7#ag7 and 7#ah7 of that subsection redacted7 if such information is not otherwise available to the public2 and 7,b7 obtain approval of the request by the ,state or political subdivision of a ,state of which the law enforcement agency is an agency4 7#b7 ,exception 7,a7 ,items for undercover operations ,a ,state or local law enforcement agency requesting transfer of an eligible defense item is not required to comply with paragraph 7#a7 if the item requested is for an active undercover operation4 7,b7 ,alternative notice requirement ,a ,state or local law enforcement agency receiving an item under this section pursuant to a request covered by subparagraph 7,a7 shall publish public notice of the request not later than #aj business days after the conclusion of the undercover operation for which the item was requested4 7l7 ,information in support of applications ,the application of a ,state or local law enforcement agency for the transfer of eligible defense items under subsection 7j77#a71 and the transmittal of the ,state ,coordinator concerned to the ,director of the ,defense ,logistics ,agency with respect to the application pursuant to subsection 7j77#b71 shall include with the application a statement of the need of the law enforcement agency for the items as described in subsection 7j77#a71 which shall include the following3 7#a7 ,the type and amount of each item being requested4 7#b7 ,the name of the law enforcement agency4 7#c7 ,the number of sworn1 full-time law enforcement officers of the law enforcement agency4 7#d7 ,the number1 if any1 of items similar to the items being requested that the law enforcement agency has in good working condition4 7#e7 ,the amount and type of items1 if any1 that the law enforcement agency has that were purchased using funds from-- 7,a7 the ,urban ,area ,security ,initiative authorized under section #bjjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjd72 7,b7 the ,state ,homeland ,security ,grant ,program authorized under section #bjjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fje72 or 7,c7 the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq474 7#f7 ,the use of force policy of the law enforcement agency4 7#g7 ,whether the law enforcement agency intends for ,,swat teams to use the requested items1 and1 if so1 the deployment policies of the law enforcement agency for ,,swat teams4 7#h7 ,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 agency4 7#i7 ,the capability gap to be filled by the items requested1 and a description of the proposed use of the items by the law enforcement agency4 7#aj7 ,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 force4 7#aa7 ,whether the law enforcement agency is currently under investigation1 or has been under investigation in the last #aj years1 by the ,department of ,justice1 an inspector general1 or any equivalent ,state or local entity for civil rights abuses or excessive use of force4 7#ab7 ,whether the chief of police of the law enforcement agency has ever been determined by the ,department of ,justice1 an inspector general1 or any equivalent ,state or local entity to have engaged in civil rights abuses or excessive use of force4 7#ac7 ,whether the law enforcement agency requested funds from a regional1 ,state1 or local political entity to purchase the requested items1 and-- 7,a7 if so and the request was denied1 a statement of the reason or reasons for such denial2 or 7,b7 if not1 a statement of the reason or reasons the law enforcement agency did not4 7#ad7 ,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 section4 7#ae7 ,an executed maintenance requirement release acknowledging that the law enforcement agency understands and accepts responsibility for all costs associated with the upkeep of the items4 7#af7 ,detailed documentation on the manner in which the law enforcement agency will provide for the storage and security of the items4 7#ag7 ,a description of the policies and procedures of the law enforcement agency for use of the items1 including who will have authority over the use of the items and an organizational chart1 and the names and titles of agency members1 who will have charge of the items4 7#ah7 ,documentation showing that the members identified pursuant to paragraph 7#ag7 as in charge of items have been trained in the use and deployment of such items within the past five years1 or identifying specific training such members identified shall participate not later than #ij days after receipt of the items4 7#ai7 ,certification that any eligible defense items transferred under this section for use by a ,,swat team have not been used1 and will not be used1 by a ,,swat team engaging in routine patrol-related incidents1 non-tactical incidents1 and non-tactical assignments4 7#bj7 ,such other information on the law enforcement agency1 and the application of the law enforcement agency1 as the ,director shall specify in the regulations for purposes of this section4 7m7 ,requirements in connection with use of eligible defense items by ,,swat teams ,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 team1 including the course outlines of such training 7except that any personally identifiable information1 and all but the title and subject of such training1 may be redacted74 ,the ,attorney ,general shall issue1 and may from time to time update1 nonbinding guidelines on such policies4 7n7 ,policies on use of video recording equipment and recording 7#a7 ,in general ,video recording equipment 7including body cameras7 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 place1 and makes available to the public1 policies on the use of such equipment by law enforcement officers1 and on securing video recordings of operations of law enforcement officers using video equipment1 that meets the requirements specified in paragraph 7#b74 7#b7 ,policy requirements ,the requirements specified in this paragraph for policies described in paragraph 7#a7 are the following3 7,a7 ,policies on the appropriate use of video recording equipment1 including whether such equipment should be left on at all times4 7,b7 ,mechanisms to preserve1 to the extent practicable1 the integrity and security of video recordings1 including a description of the personnel of the law enforcement agency1 and other parties1 who are authorized to access the recordings1 mechanisms for the storage of recordings1 and measures to ensure the cybersecurity of such recordings 7if applicable to the storage1 retention1 and retrieval of such recordings74 7,c7 ,policies on the authorized and unauthorized public release of video recordings4 7,d7 ,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 7whether deadly or otherwise7 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 #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc74 7o7 ,state certification of instructors in training on use of force and certain items 7#a7 ,certification of instructors in training required ,on and after the date that is three years after the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae1 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 7or the designee of the ,governor7 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 force1 and in the use of eligible defense items and special justice items1 that meets the requirements specified in paragraph 7#b74 ,any instructor certified under a program conducted under section #bjaj of the ,homeland ,security ,act of #bjjb shall be considered certified as a police instructor in any ,state for purposes of this subsection4 7#b7 ,program requirements ,the requirements specified in this paragraph for a program described in paragraph 7#a7 are the following3 7,a7 ,the program shall include instruction in training on the following3 7i7 ,the use of force by ,state and local law enforcement officers in the ordinary course of their duties4 7ii7 ,the use of eligible defense items and special justice items by ,state and local law enforcement officers in the ordinary course of their duties4 7iii7 ,the use of eligible defense items and special justice items by ,,swat teams4 7iv7 ,the appropriate deployment of ,,swat teams4 7v7 ,civil rights and civil liberties4 7vi7 ,any other matters on the training of ,state and local law enforcement officers that the ,governor of the ,state 7or the designee of the ,governor7 considers appropriate4 7,b7 ,a list of the instructors who are certified pursuant to the program shall be maintained and published4 7#c7 ,discharge through existing programs ,a ,state may satisfy the requirement in paragraph 7#a7 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 #bjae if such program satisfies the requirements in paragraph 7#b74 7p7 ,training requirements 7#a7 ,minimum annual training requirements for law enforcement officers 7,a7 ,in general ,on and after the date that is three years after the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae1 eligible defense items may not be transferred to a ,state or local law enforcement agency under this section unless the ,governor of the ,state 7or the designee of the ,governor7 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 ,state1 including-- 7i7 specialized leadership training requirements for heads of law enforcement agencies who have-- 7,i7 decisionmaking authority on the deployment of ,,swat teams and tactical military vehicles2 or 7,,ii7 responsibility for drafting policies on the use of force and ,,swat team deployment2 7ii7 specialized ,,swat team training requirements for all ,,swat team members1 including in law enforcement tactics used in tactical operations2 7iii7 training in the appropriate use and deployment of tactical military vehicles2 and 7iv7 training on sensitivity1 including training on ethnic and racial bias1 cultural diversity1 and police interaction with the disabled1 mentally ill1 and new immigrants4 7,b7 ,satisfaction by recent hirees ,the requirements under subparagraph 7,a7 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 agency4 7#b7 ,state ,coordinators ,on and after the date that is three years after the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae1 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 7or the designee of the ,governor7 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 following3 7,a7 ,inventory management4 7,b7 ,the assessment of the needs of ,state and local law enforcement agencies for eligible defense items4 7#c7 ,use of eligible defense items 7,a7 ,in general ,on and after the date that is three years after the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae1 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 7o7 or section #bjaj of the ,homeland ,security ,act of #bjjb4 7,b7 ,satisfaction by recent hirees ,training required by subparagraph 7,a7 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 agency4 7#d7 ,,swat teams 7,a7 ,in general ,on and after the date that is three years after the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae1 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 7o7 or section #bjaj of the ,homeland ,security ,act of #bjjb and training required pursuant to paragraph 7#a74 7,b7 ,satisfaction by recent hirees ,training required by subparagraph 7,a7 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 team4 7q7 ,whistleblower and independent oversight requirements 7#a7 ,whistleblower requirements ,on and after the date that is three years after the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae1 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 7or the designee of the ,governor7 certifies to the ,director of the ,defense ,logistics ,agency that the ,state-- 7,a7 has in place-- 7i7 a program1 including a public complaint hotline1 that provides individuals the ability to disclose any waste1 fraud1 or abuse in connection with the use of such items2 and 7ii7 mechanisms 7commonly referred to as whistleblower protections7 to protect individuals who make a disclosure described in clause 7i7 from retaliatory or other adverse personnel actions in connection with such disclosures2 and 7,b7 publicizes the existence of the program and whistleblower protections described in subparagraph 7,a74 7#b7 ,certification of oversight and accountability 7,a7 ,certification required ,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 7in the form of a memorandum of understanding1 memorandum of agreement1 or letterhead correspondence7 that an entity that is unaffiliated with the law enforcement agency is authorized-- 7i7 to receive any complaints regarding the use of any equipment and funds of the law enforcement agency2 7ii7 to periodically review and assess the use of such equipment and funds by the law enforcement agency2 and 7iii7 to make recommendations to the law enforcement agency regarding the use of such equipment and funds by the law enforcement agency that are either-- 7,i7 non-binding in character2 or 7,,ii7 binding in character1 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 agency4 7,b7 ,discharge through existing entities ,a law enforcement agency may satisfy the requirement in subparagraph 7,a7 through an entity that exists as of the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae1 including an independent review board1 a ,federal1 ,state1 or local inspector general1 a ,federal1 ,state1 county1 or city attorney general1 a district attorney1 the ,federal ,bureau of ,investigation or another ,federal agency1 a ,state agency1 a ,state or local governing body 7such as a city council or county commission71 a law enforcement council1 or an independent entity established by one or more such officials1 agencies1 or entities on behalf of one or more law enforcement agencies4 7r7 ,interagency transfer 7#a7 ,in general ,subject to paragraph 7#b71 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 agency4 7#b7 ,approval required ,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 7or the designee of the ,director74 ,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 7g74 7s7 ,suspension and termination 7#a7 ,for lost or stolen items ,in the event an item transferred to a ,state or local law enforcement agency under this section is lost1 stolen1 or misappropriated-- 7,a7 in the case of an offensive weapon or ordnance-- 7i7 on the first occurrence in the case of the law enforcement agency1 the ,director of the ,defense ,logistics ,agency1 after providing the law enforcement agency with notice and the opportunity to contest the allegation1 shall suspend the law enforcement agency from eligibility for receipt of items under this section for a period of #f months2 and 7ii7 on any subsequent occurrence in the case of the law enforcement agency1 the ,director1 after providing the law enforcement agency with notice and the opportunity to contest the allegation1 shall suspend the law enforcement agency from eligibility for receipt of items under this section for a period of five years2 and 7,b7 in the case of any other item-- 7i7 on the third occurrence in the case of the law enforcement agency1 the ,director1 after providing the law enforcement agency with notice and the opportunity to contest the allegation1 shall suspend the law enforcement agency from eligibility for receipt of items under this section for a period of #f months2 and 7ii7 on any subsequent occurrence in the case of the law enforcement agency1 the ,director1 after providing the law enforcement agency with notice and the opportunity to contest the allegation1 shall suspend the law enforcement agency from eligibility for receipt of items under this section for a period of three years4 7#b7 ,intentional falsification of information ,in the event a ,state or local law enforcement agency is determined by the ,director 7or the designee of the ,director7 to have intentionally falsified any information in requesting or applying for items under this section1 the ,director1 after providing the law enforcement agency with notice and the opportunity to contest the determination1 shall terminate the law enforcement agency from eligibility for receipt of items under this section4 7t7 ,report requirements 7#a7 ,state and local law enforcement agencies report requirements ,not later than one year after the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae and every year thereafter1 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 items4 ,each report of an agency shall include the following3 7,a7 ,for weapons1 tactical vehicles1 aircraft1 and boats1 time-stamped serial numbers of the items4 7,b7 ,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 7#b74 7#b7 ,secretary of ,defense report requirements ,not later than one year after the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae1 once a year for every four years thereafter1 and once every three years thereafter after such five years1 the ,secretary of ,defense shall submit to the ,attorney ,general1 the ,secretary of ,homeland ,security1 and ,congress1 and make available to the public1 a comprehensive report on the use during the preceding year of eligible defense items transferred under this section4 ,each report shall include the following3 7,a7 ,a description of all eligible defense items transferred under this section during the year covered by such report1 including an appendix setting forth a plain ,english description or manufacturer make1 model number1 and name of each item transferred1 the quantity of each item transferred1 the recipient of each item1 and a brief explanation of the need for each item by the recipient4 7,b7 ,a statement of the items described in subparagraph 7,a7 that were in new or like-new condition at the time of transfer4 7,c7 ,for each type of eligible defense item transferred under this section during the year covered by such report1 the quantity1 if any1 of the same or a similar item purchased by the ,department of ,defense during the prior fiscal year4 7,d7 ,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 ,agency4 7,e7 ,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 ,director1 and1 for each such request1 a statement of the type of item requested and the reason or reasons for the denial4 7,f7 ,the number of requests for transfer of eligible defense items during the year covered by such report that were denied by ,state ,coordinators1 and1 for each such request1 a statement of the type of item requested and the reason or reasons for the denial4 7u7 ,construction with other ,,dla authority ,nothing in this section shall be construed to override1 alter1 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 law4 7v7 ,non-,controlled defense items to law enforcement agencies ,notwithstanding any provision of chapter #e of title #dj or any other provision of law1 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 agencies4 7w7 ,definitions ,in this section3 7#a7 ,the term controlled defense item means property of the ,department of ,defense that is subject to the restrictions of the ,united ,states ,munitions ,list 7#bb ,code of ,federal ,regulations ,part #aba7 or the ,commerce ,control ,list 7#ae ,code of ,federal ,regulations ,part #ggd74 7#b7 ,the term eligible defense item means a controlled defense item that is eligible for transfer to a law enforcement agency pursuant to this section4 7#c7 ,the term law enforcement council means a consortium of law enforcement agencies operating in a partnership within a region to promote and enhance public safety4 7#d7 ,the term local educational agency has the meaning given that term in section #hjac7i7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggac7i774 7#e7 ,the term special justice item has the meaning given that term in section #eji7;a7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh4 7#f7 ,the term ,state ,coordinator means an individual appointed by the ,governor of a ,state-- 7,a7 to manage requests of ,state and local law enforcement agencies of the ,state for eligible defense items2 and 7,b7 to ensure the appropriate use of eligible defense items transferred under this section by such law enforcement agencies4 7#g7 ,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 laws4 ,the term includes a local educational agency with such officers4 ,the term does not include a firefighting agency or entity4 7#h7 ,the term ,,swat team means a ,special ,weapons and ,tactics team or other specialized tactical team composed of ,state or local sworn law enforcement officers4 7#i7 ,the term tactical military vehicle means an armored vehicle having military characteristics resulting from military research and development processes1 designed primarily for use by forces in the field in direction connection with1 or support of1 combat or tactical operations4 4 7b7 ,limitations on transfer of certain items pending achievement of certain program milestones 7#a7 ,limitation pending employment of law enforcement experts in ,,dla ,no item described in paragraph 7#d7 may be transferred under section #begf;a of title #aj1 ,united ,states ,code 7as amended by subsection 7a771 until the employment in the ,defense ,logistics ,agency of law enforcement experts required by subsection 7e7 of such section4 7#b7 ,delayed limitation pending appointment of task force ,effective as of the date that is one year after the date of the enactment of this ,act1 no item described in paragraph 7#d7 may be transferred under section #begf;a of title #aj1 ,united ,states ,code 7as so amended71 until the appointment of the task force required by section #d of this ,act4 7#c7 ,delayed limitation pending publication of list of eligible defense items ,effective as of the date that is two years after the date of the enactment of this ,act1 no item described in paragraph 7#d7 may be transferred under section #begf;a of title #aj1 ,united ,states ,code 7as so amended71 until the publication under subsection 7f77#c7 of such section of the items determined to be eligible defense items for purposes of such section4 7#d7 ,covered items ,an item described in this paragraph is the following3 7,a7 ,a controlled defense item4 7,b7 ,an eligible defense item4 7,c7 ,an item specified in section #begf;a7g77#d77;,b7 of title #aj1 ,united ,states ,code 7as so amended74 7#e7 ,definitions ,in this subsection1 the terms controlled defense item and eligible defense item have the meaning given such terms in section #begf;a7w7 of title #aj1 ,united ,states ,code 7as so amended74 7c7 ,restatement and modification of current authority for transfer for ,federal law enforcement activities ,chapter #aec of title #aj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating section #begf;b as section #begf;d2 and 7#b7 by inserting after section #begf;a 7as amended by subsection 7a77 the following new sections3 #begf;b4 ,excess personal property3 sale or donation of certain non-controlled defense items for ,state or local law enforcement activities 7a7 ,transfer authorized 7#a7 ,notwithstanding any other provision of law and subject to subsection 7b71 the ,secretary of ,defense may transfer to ,state agencies personal property of the ,department of ,defense that the ,secretary determines is-- 7,a7 not a controlled defense item1 an eligible defense item1 or an item specified in section #begf;a7g77#d77;,b7 of this title2 7,b7 suitable for use by ,state agencies in law enforcement activities1 including counter-drug and counter-terrorism activities2 and 7,c7 excess to the needs of the ,department of ,defense4 7#b7 ,the ,secretary shall carry out this section in consultation with the ,attorney ,general and the ,director of ,national ,drug ,control ,policy4 7b7 ,conditions for transfer ,the ,secretary of ,defense may transfer personal property under this section only if-- 7#a7 the property is drawn from existing stocks of the ,department of ,defense2 7#b7 the recipient accepts the property on an as-is1 where-is basis2 7#c7 the transfer is made without the expenditure of any funds available to the ,department of ,defense for the procurement of defense equipment2 and 7#d7 all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient4 7c7 ,consideration ,subject to subsection 7b77#d71 the ,secretary may transfer personal property under this section without charge to the recipient agency4 7d7 ,definitions ,in this section1 the terms controlled defense item and eligible defense item have the meaning given such terms in section #begf;a7w7 of this title4 #begf;c4 ,excess personal property3 sale or donation for ,federal law enforcement activities 7a7 ,transfer authorized 7#a7 ,notwithstanding any other provision of law and subject to subsection 7b71 the ,secretary of ,defense may transfer to ,federal agencies personal property of the ,department of ,defense1 including small arms and ammunition1 that the ,secretary determines is-- 7,a7 suitable for use by the agencies in law enforcement activities1 including counter-drug and counter-terrorism activities2 and 7,b7 excess to the needs of the ,department of ,defense4 7#b7 ,the ,secretary shall carry out this section in consultation with the ,attorney ,general and the ,director of ,national ,drug ,control ,policy4 7b7 ,conditions for transfer ,the ,secretary of ,defense may transfer personal property under this section only if-- 7#a7 the property is drawn from existing stocks of the ,department of ,defense2 7#b7 the recipient accepts the property on an as-is1 where-is basis2 7#c7 the transfer is made without the expenditure of any funds available to the ,department of ,defense for the procurement of defense equipment2 and 7#d7 all costs incurred subsequent to the transfer of the property are borne or reimbursed by the recipient4 7c7 ,consideration ,subject to subsection 7b77#d71 the ,secretary may transfer personal property under this section without charge to the recipient agency4 4 7d7 ,clerical amendments ,the table of sections at the beginning of chapter #aec of title #aj1 ,united ,states ,code1 is amended by striking the items relating to sections #begf;a and #begf;b and inserting the following new items3 #begf;a4 ,excess personal property3 sale or donation of certain controlled defense items for ,state or local law enforcement activities4#begf;b4 ,excess personal property3 sale or donation of certain non-controlled defense items for ,state or local law enforcement activities4 #begf;c4 ,excess personal property3 sale or donation for ,federal law enforcement activities4#begf;d4 ,excess personal property3 sale or donation to assist firefighting agencies4 4 7e7 ,,cjcs duty ,to ,ensure ,federal agency responsibility for transferred property ,section #aec7;a7 of title #aj1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#f7 as paragraph 7#g72 and 7#b7 by inserting after paragraph 7#e7 the following new paragraph 7#f73 7#f7 ,transfers of ,do,d property for ,federal law enforcement activities ,ensuring that ,federal agencies to which property of the ,department of ,defense is transferred pursuant to section #begf;c of this title accept responsibility for inventory1 management1 accountability1 and disposal of such property4 4 #g4 ,edward ,byrne ,memorial ,justice ,assistance ,grants 7a7 ,use of funds by law enforcement ,subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq47 is amended by adding at the end the following3 #eji4 ,use of funds by law enforcement 7a7 ,definitions ,in this section-- 7#a7 the term covered funds means funds provided under this subpart2 7#b7 the term law enforcement agency-- 7,a7 means an agency or entity with law enforcement officers-- 7i7 who have arrest and apprehension authority2 and 7ii7 whose primary function is to enforce the laws2 7,b7 includes a local educational agency with officers described in subparagraph 7,a72 and 7,c7 does not include a firefighting agency or entity2 7#c7 the term local educational agency has the meaning given that term in section #hjac7i7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggac7i772 7#d7 the term prohibited item means an item that the ,attorney ,general determines under subsection 7b77#a7 may not be purchased by a law enforcement agency using covered funds2 7#e7 the term special justice item means an item that the ,attorney ,general determines under subsection 7b77#a7 is not generally issued to a law enforcement patrol officer but is suitable for certain uses by law enforcement officers in engagements with individuals who are not law enforcement officers2 7#f7 the term ,,swat team means a ,special ,weapons and ,tactics team or other specialized tactical team composed of sworn law enforcement officers2 and 7#g7 the term tactical military vehicle means an armored vehicle having military characteristics resulting from military research and development processes1 designed primarily for use by forces in the field in direct connection with1 or support of1 combat or tactical operations4 7b7 ,purchase of certain items by law enforcement 7#a7 ,lists of prohibited items and special justice items 7,a7 ,in general ,the ,attorney ,general1 in consultation with the task force appointed under section #d of the ,protecting ,communities and ,police ,act of #bjae1 shall-- 7i7 not later than #c years after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 create-- 7,i7 a list of prohibited items2 and 7,,ii7 a list of special justice items2 and 7ii7 review and revise each list created under clause 7i7 not less often than once every #e years4 7,b7 ,specific items ,the ,attorney ,general shall place each of the following items on the list of prohibited items or the list of special justice items3 7i7 ,weapons over 4#ej caliber4 7ii7 ,tactical military vehicles4 7iii7 ,other tactical military equipment4 7iv7 ,tactical law enforcement ballistic protection equipment other than ballistic vests1 including ballistic helmets1 ballistic shields1 battle dress uniforms1 and camouflage uniforms and clothing4 7v7 ,grenades1 flash bang grenades1 grenade launchers1 and grenade launcher attachments4 7,c7 ,publication ,the ,attorney ,general shall publish each list created under subparagraph 7,a7 on the website of the ,department of ,justice and in the ,federal ,register4 7#b7 ,prohibited items 7,a7 ,in general ,except as provided in subparagraph 7,b71 a law enforcement agency may not use covered funds to purchase a prohibited item or receive a prohibited item that was purchased using covered funds4 7,b7 ,exception 7i7 ,threats to national security ,a law enforcement agency may purchase a prohibited item using covered funds1 or receive a prohibited item that was purchased using covered funds1 if-- 7,i7 the ,attorney ,general determines that the prohibited item will be useful in preventing or mitigating damage resulting from a threat to national security2 7,,ii7 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 restricted item at a ,national ,guard site2 and 7,,iii7 the law enforcement provides a copy of the agreement described in subclause 7,,ii7 to the ,attorney ,general4 7ii7 ,update to list ,if a threat to national security justifies the purchase of a prohibited item under clause 7i71 the ,attorney ,general shall publish an updated list of prohibited items or special justice items1 as appropriate1 under paragraph 7#a77;,c7 as soon as practicable4 7#c7 ,authority to prescribe regulations 7,a7 ,in general ,the ,attorney ,general may prescribe regulations that place restrictions and limitations on special justice items that may be purchased by law enforcement agencies using covered funds1 based on the appropriateness of the use of the items in law enforcement activities4 7,b7 ,authorized elements ,the regulations prescribed by the ,attorney ,general under subparagraph 7,a7 may include the following3 7i7 ,tiers of eligibility of law enforcement agencies to purchase special justice items using covered funds based on need of law enforcement agencies for particular items1 size and capabilities of law enforcement agencies1 or such other factors as the ,attorney ,general may specify in the regulations4 7ii7 ,restrictions on the numbers or types of special justice items that may be purchased by a particular law enforcement agency using covered funds1 within a particular period of time1 to law enforcement agencies in a particular region1 or such other factors as the ,attorney ,general may specify in regulations4 7iii7 ,restrictions on the use of particular special justice items by law enforcement agencies purchased using covered funds based on size1 capability1 or such other factors the ,attorney ,general may specify in the regulations4 7iv7 ,requirements for memoranda of understanding or other appropriate agreements in the case of joint use of special justice items1 purchased using covered funds1 by more than #a law enforcement agency4 7c7 ,other restrictions and limitations on use of covered funds 7#a7 ,purchase of special justice items using covered funds 7,a7 ,in general ,a law enforcement agency may not receive or use covered funds to purchase a special justice item unless the law enforcement agency-- 7i7 except as provided in subparagraph 7,b71 publishes a needs justification statement-- 7,i7 on its website1 on the website of its governing body1 or in a manner and location in which the needs justification statement can be easily viewed by the residents in the area in which the law enforcement agency has jurisdiction2 7,,ii7 that1 except as provided in subclause 7,,iii71 includes the information required under subparagraph 7,c72 and 7,,iii7 from which the law enforcement agency may redact-- 7aa7 the information required under clause 7x7 or 7xi7 of subparagraph 7,c72 and 7bb7 with respect to the training records required under clause 7vi71 any personally identifiable information and all but the title and subject of such training courses2 7ii7 obtains the approval of the head of the ,state1 political subdivision of a ,state1 or ,indian tribe of which the law enforcement agency is an agency before requesting the covered funds2 and 7iii7 submits the needs justification statement1 including all information required under subparagraph 7,c71 to the entity from which the law enforcement agency is to receive the covered funds4 7,b7 ,ongoing operations ,the requirements under subparagraph 7,a77i7 shall not apply to a law enforcement agency that receives or uses covered funds to purchase a special justice item to be used in an active1 ongoing counterterrorism or undercover operation4 7,c7 ,needs justification statements ,a needs justification statement of a law enforcement agency shall include the following3 7i7 ,the number and type of special justice items proposed to be purchased4 7ii7 ,the number of sworn1 full-time law enforcement officers of the law enforcement agency4 7iii7 ,the number1 if any1 of items similar to the special justice item that the law enforcement agency has in good working condition4 7iv7 ,the number and type of items1 if any1 that the law enforcement agency has that were-- 7,i7 transferred to the law enforcement agency under section #begf;a of title #aj1 ,united ,states ,code2 or 7,,ii7 purchased using funds from-- 7aa7 the ,urban ,area ,security ,initiative authorized under section #bjjc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjd72 or 7bb7 the ,state ,homeland ,security ,grant ,program authorized under section #bjjd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fje7 during the #e-year period preceding the date on which the statement is published4 7v7 ,the use of force policy of the law enforcement agency4 7vi7 ,whether the law enforcement agency intends to have a ,,swat team use the special justice item and1 if so1 the training records of the ,,swat team1 including the course outlines of such training4 7vii7 ,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 special justice item with any other law enforcement agency4 7viii7 ,the capability gap to be filled by the special justice item1 and a description of the proposed use of the special justice item by the law enforcement agency4 7ix7 ,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 force4 7x7 ,whether the law enforcement agency is currently under investigation1 or has been under investigation during the preceding #aj years1 by the ,department of ,justice1 an inspector general1 or any equivalent ,state or local entity for civil rights abuses or excessive use of force4 7xi7 ,whether the head of the law enforcement agency has ever been determined by the ,department of ,justice1 an inspector general1 or any equivalent ,state or local entity to have engaged in civil rights abuses or excessive use of force1 if such information is publicly available4 7xii7 7,i7 ,whether the law enforcement agency requested funds from a regional1 ,state1 or local political entity to purchase the requested item2 7,,ii7 if the law enforcement agency requested funds from a regional1 ,state1 or local political entity and the request was denied1 a statement of the reason or reasons for the denial2 and 7,,iii7 if the law enforcement agency did not request funds from a regional1 ,state1 or local political entity1 a statement explaining why the law enforcement agency did not do so4 7xiii7 ,a certification that any item purchased using covered funds has not been1 and will not be1 used by a ,,swat team of the law enforcement agency engaging in routine patrol-related incidents1 non-tactical incidents1 or non-tactical assignments4 7xiv7 ,any other information on the recent record of the law enforcement agency regarding civil rights and the excessive use of force that the ,attorney ,general determines appropriate4 7#b7 ,restrictions on small law enforcement agencies 7,a7 ,prohibition on purchase of tactical military vehicles by small law enforcement agencies ,a law enforcement agency with #aj or fewer sworn law enforcement officers-- 7i7 that has #a or more functioning tactical military vehicles may not use covered funds to purchase a tactical military vehicle2 7ii7 that does not have a functioning tactical military vehicle may use covered funds to purchase not more than #a tactical military vehicle2 or 7iii7 that is the designated procurement agency for a multi-jurisdictional joint-use agreement may use covered funds for the purchase of more than #a tactical military vehicle1 or receive more than #a tactical military vehicle purchased using covered funds1 if the agency purchases or receives not more than #a tactical military vehicle for every #aj sworn law enforcement officers covered by the joint-use agreement4 7,b7 ,limitation on use of items by small ,,swat teams ,a special justice item purchased using covered funds may not be used by-- 7i7 a ,,swat team composed of fewer than #ag sworn law enforcement officers2 7ii7 a ,,swat team composed entirely of members from a single law enforcement agency that has fewer than #ce sworn law enforcement officers2 or 7iii7 a ,,swat team composed of members from #b or more law enforcement agencies which agencies have1 in aggregate1 fewer than #ce sworn law enforcement officers4 7#c7 ,restrictions on local education agencies 7,a7 ,prohibition on use of covered funds ,a local educational agency1 or a law enforcement agency affiliated with a local education agency1 may not use covered funds to purchase a tactical military vehicle if-- 7i7 the local educational agency is served by a law enforcement agency that-- 7,i7 is unaffiliated with the local education agency2 and 7,,ii7 has a tactical military vehicle2 or 7ii7 the local educational agency is served by #a or more law enforcement agencies that are unaffiliated with the local education agency and no such serving agency will agree to store and maintain the tactical military vehicle for the local educational agency4 7,b7 ,limitation on use of covered funds ,a local educational agency that purchases a tactical military vehicle using covered funds may not use funds of the local educational agency-- 7i7 to transport the tactical military vehicle to the district of the local educational agency2 or 7ii7 to maintain the tactical military vehicle4 7#d7 ,camouflage uniforms or clothing ,a law enforcement agency may only use funding provided under this subpart to purchase camouflage uniforms or clothing if the camouflage uniforms or clothing are for use by a ,,swat team that demonstrates a legitimate geographic or environmental need for camouflage uniforms or clothing based on the physical environment in which the ,,swat team operates4 7#e7 ,approval required for purchase of certain items 7,a7 ,no delegation of authority ,the ,attorney ,general may not delegate the authority to approve an application for a grant under this subpart if the application proposes to use funds for the purchase of an item specified in subparagraph 7,b74 7,b7 ,items ,the items specified in this subparagraph are the following3 7i7 ,weapons over 4#ej caliber4 7ii7 ,grenades1 flash bang grenades1 grenade launchers1 and grenade launcher attachments4 7iii7 ,tactical military vehicles4 7#f7 ,law enforcement agencies under consent decrees 7,a7 ,in general ,a law enforcement agency for which a consent decree is in effect between the ,united ,states and the law enforcement agency1 or that is under investigation by the ,department of ,justice1 relating to civil rights abuses or excessive use of force1 may not use covered funds to purchase any weapon or tactical military vehicle without the approval of the ,department of ,justice4 7,b7 ,priority ,in considering requests for covered funds that are intended to be used by or for a law enforcement agency described in subparagraph 7,a71 the ,attorney ,general shall prioritize any such requests that relate to funding for equipment1 training1 and activities related to community policing efforts4 7#g7 ,transportation costs ,no covered funds may be used to pay the cost of transporting an eligible defense item transferred to a law enforcement agency under section #begf;a of title #aj1 ,united ,states ,code4 7d7 ,training and certification 7#a7 ,state certification of law enforcement instructors 7,a7 ,in general ,on and after the date that is #c years after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 a ,state1 and any law enforcement agency of or in the ,state1 may not receive or use covered funds to purchase a special justice item unless the chief executive of the ,state certifies to the ,attorney ,general that the ,state conducts a program for certifying law enforcement instructors in the provision of training that meets the requirements under subparagraph 7,b74 7,b7 ,program requirements ,the requirements for a program described in subparagraph 7,a7 are the following3 7i7 ,the program shall include instruction in training on the following3 7,i7 ,the use of force by law enforcement officers in the ordinary course of their duties4 7,,ii7 ,the use of special justice items by law enforcement officers in the ordinary course of their duties4 7,,iii7 ,the use of special justice items by ,,swat teams4 7,,iv7 ,the appropriate deployment of ,,swat teams4 7,v7 ,civil rights and civil liberties4 7,,vi7 ,any other matters on the training of law enforcement officers that the head of the ,state law enforcement agency considers appropriate4 7ii7 ,a list of the instructors who are certified pursuant to the program or pursuant to the program conducted by the ,secretary of ,homeland ,security under section #bjaj of the ,homeland ,security ,act of #bjjb shall be maintained and published4 7,c7 ,discharge through existing programs ,a ,state may satisfy the requirement under subparagraph 7,a7 using a program in effect on the date that is #c years after the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae if such program satisfies the requirements in subparagraph 7,b74 7#b7 ,minimum annual training requirements 7,a7 ,establishment ,on and after the date that is #c years after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 a ,state1 and a unit of local government within the ,state1 may not receive covered funds unless the ,state establishes minimum annual training requirements for all law enforcement officers in the ,state1 including-- 7i7 specialized leadership training requirements for chiefs of police or other department heads who have-- 7,i7 decisionmaking authority on the deployment of ,,swat teams and tactical military vehicles2 or 7,,ii7 responsibility for drafting policies on the use of force and ,,swat team deployment2 7ii7 specialized ,,swat team training requirements for all ,,swat team members2 7iii7 training in appropriate crowd-control tactics2 and 7iv7 not less than #a training session on sensitivity1 including training on ethnic and racial bias1 cultural diversity1 and law enforcement interaction with disabled individuals1 mentally ill individuals1 and new immigrants4 7,b7 ,federally certified or ,state-certified instructors ,the training requirements established by a ,state under subparagraph 7,a7 may only be satisfied through training conducted by an instructor certified under-- 7i7 a program conducted by the ,secretary of ,homeland ,security under section #bjaj of the ,homeland ,security ,act of #bjjb2 or 7ii7 a program conducted by a ,state under paragraph 7#a74 7,c7 ,certification of completed training ,on and after the date that is #a year after the date on which a program is established under paragraph 7#a71 a law enforcement agency may not receive covered funds unless the law enforcement agency certifies to the ,attorney ,general that each sworn law enforcement officer employed by the law enforcement agency has met all applicable minimum annual training requirements established by the ,state in which the law enforcement agency is located under subparagraph 7,a7 of this paragraph4 7,d7 ,false certification ,the ,attorney ,general shall suspend or terminate the eligibility of a law enforcement agency to receive covered funds if the law enforcement agency intentionally submits a false certification under subparagraph 7,c7 that a law enforcement officer has met the minimum annual training requirements established by the ,state in which the law enforcement agency is located under subparagraph 7,a74 7,e7 ,satisfaction by recent hirees ,the requirements under subparagraph 7,a7 shall provide for the first completion of the training concerned by an individual who becomes an officer in a law enforcement agency or becomes a member of a ,,swat team by not later than #a year after the date on which the individual becomes an officer in the law enforcement agency or becomes a member of a ,,swat team1 as applicable4 7#c7 ,best practices 7,a7 ,in general ,on and after the date that is #b years after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 the ,attorney ,general shall publish1 periodically review1 distribute to each ,state or unit of local government that applies for a grant under this subpart1 and require each such ,state or unit of local government to distribute to each organization or unit of local government with respect to which the ,state or unit of local government enters into a contract or makes a subaward under section #eja7;b71 best practices for-- 7i7 training law enforcement officers and the use of lethal and non-lethal force by law enforcement officers2 7ii7 training1 use1 and deployment of ,,swat teams2 and 7iii7 community-oriented police efforts4 7,b7 ,attorney ,general updates to ,congress regarding delay in publication of best practices ,on and after the date that is #b years after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 if the ,attorney ,general has not published the best practices required under subparagraph 7,a71 the ,attorney ,general shall provide quarterly updates to ,congress on the reason for the delay in publication and the expected date of publication4 7e7 ,reporting and policy requirements 7#a7 ,reporting and recordkeeping requirements for grant funding recipients 7,a7 ,,swat team deployment records ,a law enforcement agency that receives covered funds shall maintain a record of each deployment of a ,,swat team by the law enforcement agency1 which shall include-- 7i7 the type of police activity for which the ,,swat team is deployed2 7ii7 the rationale for the deployment2 7iii7 the nexus between-- 7,i7 the use of force policy and ,,swat team policy of the law enforcement agency2 and 7,,ii7 the police activity for which the ,,swat team is deployed2 and 7iv7 a description1 written after the deployment1 of whether force or weapons were used by or against the law enforcement officers serving on the ,,swat team4 7,b7 ,equipment purchased ,a law enforcement agency that purchases equipment using covered funds shall submit to the ,attorney ,general a report describing the quantity and type of equipment purchased4 7#b7 ,,doj reports 7,a7 ,special justice items ,the ,attorney ,general shall publish and submit to ,congress1 the ,secretary of ,defense1 and the ,secretary of ,homeland ,security an annual report on special justice items that includes1 with respect to the preceding year-- 7i7 the number and type of special justice items purchased using covered funds2 and 7ii7 an appendix describing-- 7,i7 each law enforcement agency that used covered funds to purchase a special justice item2 7,,ii7 the number of each special justice item described in subclause 7,i7 purchased by each law enforcement agency2 and 7,,iii7 a summary of the needs justification statement submitted under subsection 7c77#a77;,a77i7 by each law enforcement agency described in subclause 7,i7 of this clause4 7,b7 ,crime rates ,the ,attorney ,general shall collect and publish data on crime rates over time for each jurisdiction in which a law enforcement agency receives covered funds4 7,c7 ,,doj guides and best practices ,the ,attorney ,general shall conduct periodic surveys on the use of materials published by the ,attorney ,general in print and online relating to local law enforcement training and the use of force1 including lethal and non-lethal force4 7f7 ,whistleblower and independent oversight requirements 7#a7 ,whistleblower requirements ,on or after the date that is #c years after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 a ,state or unit of local government of a ,state may not receive covered funds unless the chief executive of the ,state certifies to the ,attorney ,general that the ,state-- 7,a7 has in place-- 7i7 a program1 including a public complaint hotline1 that provides individuals the ability to disclose any-- 7,i7 misuse of equipment purchased using covered funds2 or 7,,ii7 other waste1 fraud1 or abuse in connection with the use of covered funds2 and 7ii7 mechanisms 7commonly referred to as whistleblower protections7 to protect individuals who make a disclosure described in clause 7i7 from retaliatory or other adverse personnel actions in connection with such disclosures2 and 7,b7 publicizes the existence of the program and whistleblower protections described in subparagraph 7,a74 7#b7 ,certification of oversight and accountability 7,a7 ,certification required ,a law enforcement agency may not receive covered funds unless the head of the law enforcement agency submits to the ,attorney ,general a written certification 7in the form of a memorandum of understanding1 memorandum of agreement1 or letterhead correspondence7 that an entity that is unaffiliated with the law enforcement agency is authorized-- 7i7 to receive any complaints regarding the use of special justice items and covered funds of the law enforcement agency2 7ii7 to periodically review and assess the use of special justice items and covered funds by the law enforcement agency2 and 7iii7 to make recommendations to the law enforcement agency regarding the use of special justice items and covered funds by the law enforcement agency that are either-- 7,i7 non-binding in character2 or 7,,ii7 binding in character1 if authorized by-- 7aa7 a law or ordinance governing the law enforcement agency or the entity2 or 7bb7 an agreement between the governing body of the law enforcement agency and organizations representing law enforcement officers of the law enforcement agency4 7,b7 ,discharge through existing entities ,a law enforcement agency may satisfy the requirement in subparagraph 7,a7 through an entity that exists as of the date of the enactment of the ,protecting ,communities and ,police ,act of #bjae1 including an independent review board1 a ,federal1 ,state1 or local inspector general1 a ,federal1 ,state1 county1 or city attorney general1 a district attorney1 the ,federal ,bureau of ,investigation or another ,federal agency1 a ,state agency1 a ,state or local governing body 7such as a city council or county commission71 a law enforcement council1 or an independent entity established by one or more such officials1 agencies1 or entities on behalf of one or more law enforcement agencies4 7g7 ,suspension and termination 7#a7 ,for lost or stolen items ,if a special justice item purchased by a law enforcement agency using covered funds is lost1 stolen1 or misappropriated-- 7,a7 in the case of an offensive weapon or ordnance-- 7i7 on the first occurrence in the case of the law enforcement agency1 the ,attorney ,general1 after providing the law enforcement agency with notice and the opportunity to contest the allegation1 shall suspend the law enforcement agency from eligibility to receive covered funds for a period of not less than #f months2 and 7ii7 on the subsequent occurrence in the case of the law enforcement agency1 the ,attorney ,general1 after providing the law enforcement agency with notice and the opportunity to contest the allegation1 shall terminate the law enforcement agency from eligibility to receive covered funds2 and 7,b7 in the case of a special justice item not described in subparagraph 7,a7-- 7i7 on the third occurrence in the case of the law enforcement agency1 the ,director1 after providing the law enforcement agency with notice and the opportunity to contest the allegation1 shall suspend the law enforcement agency from eligibility to receive covered funds for a period of #f months2 and 7ii7 on any subsequent occurrence in the case of the law enforcement agency1 the ,director1 after providing the law enforcement agency with notice and the opportunity to contest the allegation1 shall suspend the law enforcement agency from eligibility to receive covered funds for a period of #c years4 7#b7 ,intentional falsification of information ,if a law enforcement agency is determined by the ,attorney ,general to have intentionally falsified any information relating to the use of covered funds1 the ,attorney ,general1 after providing the law enforcement agency with notice and the opportunity to contest the determination1 shall terminate the law enforcement agency from eligibility to receive covered funds4 7h7 ,additional program oversight 7#a7 ,attorney ,general obligations 7,a7 ,subgrantee oversight ,in conducting oversight of the use of covered funds1 the ,attorney ,general shall conduct inspections of some local law enforcement agencies that receive covered funds through a subaward under section #eja7;b71 to ensure compliance with this section4 7,b7 ,law enforcement expertise 7i7 ,establishment of position ,the ,attorney ,general shall appoint individuals with expertise in ,state and local law enforcement agency functions to positions within the ,bureau to assist the ,attorney ,general in assessing grant applications under this subpart by determining whether equipment proposed to be purchased by a law enforcement agency using covered funds is-- 7,i7 appropriate to the mission of the law enforcement agency2 and 7,,ii7 necessary based on the needs justification statement submitted by the law enforcement agency under subsection 7c77#a77;,a77iii74 7ii7 ,number of individuals ,the ,attorney ,general shall appoint as many individuals under clause 7i7 as necessary to ensure that-- 7,i7 not less than #a such individual is involved in the determination under clause 7i7 for each grant application under this subpart2 and 7,,ii7 the involvement of such individuals in the process of assessing grant applications under this subpart does not delay the process4 7iii7 ,managerial experience preferred ,in appointing individuals under clause 7i71 the ,attorney ,general shall give preference to individuals with law enforcement managerial expertise4 7#b7 ,grant recipient obligations relating to use of body cameras by law enforcement officers ,a law enforcement agency that uses covered funds to purchase or maintain a body camera1 or for related costs1 shall have in place1 and make available to the public1 a policy on the use of a body camera by a law enforcement officer that includes-- 7,a7 a policy on the appropriate use of a body camera1 including whether the camera should be left on at all times2 7,b7 mechanisms to preserve1 to the extent practicable1 the integrity and security of a video recording made by a body camera1 including-- 7i7 a description of the personnel of the law enforcement agency1 and other parties1 who are authorized to access the recording2 7ii7 mechanisms for the storage of the recording2 and 7iii7 measures to ensure the cybersecurity of the recording 7if applicable to the storage1 retention1 and retrieval of the recording72 7,c7 a policy on the authorized and unauthorized public release of a video recording2 and 7,d7 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 7whether deadly or otherwise7 shall be 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 #aigi of the ,revised ,statutes 7#db ,u4,s4,c4 #aihc74 4 7b7 ,prohibited uses of covered funds ,section #eja7;d77#b7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgea7;d77#b77 is amended-- 7#a7 by redesignating subparagraphs 7,b7 through 7,e7 as subparagraphs 7,c7 through 7,f71 respectively2 and 7#b7 by inserting after subparagraph 7,a7 the following3 7,b7 unmanned aerial vehicles1 unmanned aircraft1 or unmanned aircraft systems2 4 7c7 ,funds for body cameras ,section #eje7;b7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7;b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking #fj percent and inserting #eg4e percent2 and 7,b7 by striking and at the end2 7#b7 in paragraph 7#b7-- 7,a7 by striking #dj percent and inserting #cg4e percent2 and 7,b7 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#c7 #b4e percent shall be for direct grants to ,states for the purchase or maintenance of body cameras1 dashboard cameras1 or gun cameras for law enforcement agencies and related costs2 and 7#d7 #b4e percent shall be for direct grants to units of local government for the purchase or maintenance of body cameras1 dashboard cameras1 or gun cameras for law enforcement agencies and related costs4 4 #h4 ,department of ,justice reports on ,,swat teams 7a7 ,definition ,in this section1 the term ,,swat team means a ,special ,weapons and ,tactics team or other specialized tactical team composed of sworn law enforcement officers4 7b7 ,collection and analysis of data ,the ,attorney ,general shall collect and analyze data on the use of ,,swat teams by ,federal1 ,state1 local1 and tribal law enforcement agencies4 7c7 ,type of data ,the data collected and analyzed by the ,attorney ,general under subsection 7b7 shall include-- 7#a7 the number of deployments of ,,swat teams2 7#b7 the reason for each deployment of a ,,swat team2 7#c7 the composition of each ,,swat team1 including1 at minimum1 the number of members on each ,,swat team2 7#d7 the number of law enforcement agencies with ,,swat teams1 categorized by the overall size of the law enforcement agencies2 7#e7 the number of ,,swat teams composed of officers from multiple law enforcement agencies2 7#f7 the amount of initial training and ongoing training of ,,swat teams being conducted2 7#g7 the community outreach undertaken to explain and publicize ,,swat team deployment policies2 7#h7 information on the deployment of ,,swat teams in low-income neighborhoods2 and 7#i7 any other information that the ,attorney ,general determines to be relevant4 7d7 ,public availability of data ,not less frequently than once every #f months1 the ,attorney ,general shall publish the data collected under subsection 7b74 7e7 ,report ,not less frequently than once every #e years1 the ,attorney ,general shall publish a report that contains the analysis conducted under subsection 7b74 #i4 ,federal ,law ,enforcement ,training ,center certification of instructors in training on use of force and special equipment 7a7 ,in general ,subtitle ,a of title ,,xx of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fjc et seq471 as amended by this ,act1 is amended by adding at the end the following3 #bjaj4 ,certification of instructors in training on use of force and special equipment 7a7 ,definitions ,in this section-- 7#a7 the term eligible defense item has the meaning given the term in section #begf;a7w7 of title #aj1 ,united ,states ,code2 7#b7 the terms law enforcement agency1 restricted item1 and ,,swat team have the meanings given those terms in section #bjji7;a72 and 7#c7 the term special justice item has the meaning given the term in section #eji7;a7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh4 7b7 ,certification of instructors ,on and after the date that is #c years after the date of enactment of the ,protecting ,communities and ,police ,act of #bjae1 the ,secretary shall1 through the ,federal ,law ,enforcement ,training ,center1 conduct programs to certify instructors to conduct training courses on law enforcement tactics for ,state1 local1 and tribal law enforcement agencies4 7c7 ,elements ,the programs conducted under this section shall include instruction in training on the following3 7#a7 ,the use of force by ,state1 local1 and tribal law enforcement officers in the ordinary course of their duties4 7#b7 ,the use of restricted items1 eligible defense items1 and special justice items by ,state1 local1 and tribal law enforcement officers in the ordinary course of their duties4 7#c7 ,the use of restricted items1 eligible defense items1 and special justice items by ,,swat teams4 7#d7 ,the appropriate deployment of ,,swat teams4 7#e7 ,any other matters on the training of ,state1 local1 and tribal law enforcement officers that the ,secretary considers appropriate4 7d7 ,list of certified instructors ,the ,secretary shall maintain and publish a list of instructors who are certified pursuant to a program conducted under this section4 7e7 ,administration of ,state programs ,the ,federal ,law ,enforcement ,training ,center may enter into an agreement with a ,state to-- 7#a7 manage or implement the ,state's program for law enforcement instructor certification described in-- 7,a7 section #bjji7;d77#a77;,a7 of this ,act2 7,b7 section #begf;a7o77#a7 of title #aj1 ,united ,states ,code2 or 7,c7 section #eji7;d77#a77;,a7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh2 or 7#b7 provide certified instructors for a program described in paragraph 7#a74 4 7b7 ,technical and conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-if2 #aaf ,stat4 #bace71 as amended by this ,act1 is amended by inserting after the item relating to section #bjji the following3 ,sec4 #bjaj4 ,certification of instructors in training on use of force and special equipment4 4