,,ii  #aafth ,,congress  #b;d ,session  
,s4 #cica  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #aj1     
#bjbj,mr4 ,paul 7for himself1 ,mr4      
,schatz1 and ,mr4 ,van ,hollen7         
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,armed ,services  ,a      
,,bill  ,to prevent the militarization  
of ,federal1 ,state1 and local law      
enforcement by ,federal excess property 
transfers and grant programs4  #a4      
,short title ,this ,act may be cited as 
the ,stop ,militarizing ,law            
,enforcement ,act4  #b4 ,additional     
limitations on transfer of ,department  
of ,defense personal property to        
,federal and ,state law enforcement     
agencies  7a7 ,additional limitations   
7#a7 ,in general ,section #begf;a of    
title #aj1 ,united ,states ,code1 is    
amended-- 7,a7 in subsection 7a7-- 7i7  
in paragraph 7#a7-- 7,i7 in the matter  
preceding subparagraph 7,a71 by striking
 subsection 7b7 and inserting the       

provisions of this section2 and  7,,ii7 
in subparagraph 7,a71 by striking 1     
including counter-drug and              
counterterrorism activities2 and  7ii7  
in paragraph 7#b71 by striking and the  
,director of ,national ,drug ,control   
,policy2  7,b7 in subsection 7b7-- 7i7  
in paragraph 7#e71 by striking and at   
the end2  7ii7 in paragraph 7#f71 by    
striking the period and inserting a     
semicolon2 and  7iii7 by adding at the  
end the following new paragraphs3  7#g7 
the recipient certifies to the          
,department of ,defense that it has the 
personnel and technical capacity1       
including training1 to operate the      
property2 and  7#h7 the recipient       
certifies to the ,department of ,defense
 that if the recipient determines that  
the property is surplus to the needs of 
the recipient1 the recipient will return
 the property to the ,department of     
,defense4  2  7,c7 by striking          
subsections 7d71 7e71 and 7f72 and  7,d7
 by adding at the end the following3    

7d7 ,limitations on transfers ,the      
,secretary of ,defense may not transfer 
under this section any property as      
follows3 7#a7 ,weapons1 weapon parts1   
and weapon components1 including        
camouflage and deception equipment1 and 
optical sights4  7#b7 ,weapon system    
specific vehicular accessories4  7#c7   
,demolition materials4  7#d7 ,explosive 
ordinance4  7#e7 ,night vision          
equipment4  7#f7 ,tactical clothing1    
including uniform clothing and footwear 
items1 special purpose clothing items1  
and specialized flight clothing and     
accessories4  7#g7 ,drones4  7#h7       
,combat1 assault1 and tactical vehicles1
 including ,mine-,resistant ,ambush     
,protected 7,,mrap7 vehicles4  7#i7     
,training aids and devices4  7#aj7      
,firearms of 4#ej caliber or higher1    
ammunition of 4#ej caliber or higher1   
grenade launchers1 flash grenades1 and  
bayonets4  7e7 ,approval by law required
 for transfer of property not previously
 transferrable  7#a7 ,in the event the  

,secretary of ,defense proposes to make 
available for transfer under this       
section any property of the ,department 
of ,defense not previously made         
available for transfer under this       
section1 the ,secretary shall submit to 
the appropriate committees of ,congress 
a report setting forth the following3   
7,a7 ,a description of the property     
proposed to be made available for       
transfer4  7,b7 ,a description of the   
conditions1 if any1 to be imposed on use
 of the property after transfer4  7,c7  
,a certification that transfer of the   
property would not violate a provision  
of this section or any other provision  
of law4  7#b7 ,the ,secretary may not   
transfer any property covered by a      
report under this subsection unless     
authorized by a law enacted by ,congress
 after the date of the receipt of the   
report by ,congress4  7f7 ,annual       
certification accounting for transferred
 property  7#a7 ,the ,secretary of      
,defense shall submit to the appropriate

 committees of ,congress each year a    
certification in writing that each      
recipient to which the ,secretary has   
transferred property under this section 
during the preceding fiscal year-- 7,a7 
has provided to the ,secretary          
documentation accounting for all        
property the ,secretary has previously  
transferred to such recipient under this
 section2 and  7,b7 has complied with   
paragraphs 7#g7 and 7#h7 of subsection  
7b7 with respect to the property so     
transferred during such fiscal year4    
7#b7 ,if the ,secretary cannot provide a
 certification under paragraph 7#a7 for 
a recipient1 the ,secretary may not     
transfer additional property to such    
recipient under this section1 effective 
as of the date on which the ,secretary  
would otherwise make the certification  
under this subsection1 and such         
recipient shall be suspended or         
terminated from further receipt of      
property under this section4  7g7       
,conditions for extension of program    

,notwithstanding any other provision of 
law1 amounts authorized to be           
appropriated or otherwise made available
 for any fiscal year may not be         
obligated or expended to carry out this 
section unless the ,secretary submits to
 the appropriate committees of ,congress
 a certification that for the preceding 
fiscal year that-- 7#a7 each recipient  
agency that has received property under 
this section has-- 7,a7 demonstrated    
#ajj percent accountability for all such
 property1 in accordance with paragraph 
7#b7 or 7#c71 as applicable2 or  7,b7   
been suspended or terminated from the   
program pursuant to paragraph 7#d72     
7#b7 with respect to each non-,federal  
agency that has received property under 
this section1 the ,state ,coordinator   
responsible for each such agency has    
verified that the ,state ,coordinator or
 an agent of the ,state ,coordinator has
 conducted an in-person inventory of the
 property transferred to the agency and 
that #ajj percent of such property was  

accounted for during the inventory or   
that the agency has been suspended or   
terminated from the program pursuant to 
paragraph 7#d72  7#c7 with respect to   
each ,federal agency that has received  
property under this section1 the        
,secretary of ,defense or an agent of   
the ,secretary has conducted an         
in-person inventory of the property     
transferred to the agency and that #ajj 
percent of such property was accounted  
for during the inventory or that the    
agency has been suspended or terminated 
from the program pursuant to paragraph  
7#d72  7#d7 the eligibility of any      
agency that has received property under 
this section for which #ajj percent of  
the equipment was not accounted for     
during an inventory described in        
paragraph 7#b7 or 7#c71 as applicable1  
to receive property transferred under   
this section has been suspended or      
terminated2  7#e7 each ,state           
,coordinator has certified1 for each    
non-,federal agency located in the      

,state for which the ,state ,coordinator
 is responsible that-- 7,a7 the agency  
has complied with all requirements under
 this section2 or  7,b7 the eligibility 
of the agency to receive property       
transferred under this section has been 
suspended or terminated2 and  7#f7 the  
,secretary of ,defense has certified1   
for each ,federal agency that has       
received property under this section    
that-- 7,a7 the agency has complied with
 all requirements under this section2 or
  7,b7 the eligibility of the agency to 
receive property transferred under this 
section has been suspended or           
terminated4  7h7 ,website ,the ,defense 
,logistics ,agency shall maintain1 and  
update on a quarterly basis1 an internet
 website on which the following         
information shall be made publicly      
available in a searchable format3 7#a7  
,a description of each transfer made    
under this section1 including transfers 
made before the date of the enactment of
 the ,stop ,militarizing ,law           

,enforcement ,act1 set forth by ,state1 
county1 and recipient agency1 and       
including item name1 item type1 item    
model1 and quantity4  7#b7 ,a list of   
all property transferred under this     
section that is not accounted for by the
 ,defense ,logistics ,agency1           
including-- 7,a7 the name of the ,state1
 county1 and recipient agency2  7,b7 the
 item name1 item type1 and item model2  
7,c7 the date on which such property    
became unaccounted for by the ,defense  
,logistics ,agency2 and  7,d7 the       
current status of such item4  7#c7 ,a   
list of each agency suspended or        
terminated from further receipt of      
property under this section1 including  
,state1 county1 and agency1 and the     
reason for and duration of such         
suspension or termination4  7i7         
,definitions ,in this section3 7#a7 ,the
 term appropriate committees of         
,congress means-- 7,a7 the ,committee on
 ,armed ,services and the ,committee on 
,homeland ,security and ,governmental   

,affairs of the ,senate2 and  7,b7 the  
,committee on ,armed ,services and the  
,committee on ,oversight and ,government
 ,reform of the ,house of               
,representatives4  7#b7 ,the term agent 
of a ,state ,coordinator means any      
individual to whom a ,state ,coordinator
 formally delegates responsibilities for
 the duties of the ,state ,coordinator  
to conduct inventories described in     
subsection 7g77#b74  7#c7 ,the term     
controlled property means any item      
assigned a demilitarization code of ,b1 
,c1 ,d1 ,e1 ,g1 or ,q under ,department 
of ,defense ,manual #dafj4ba-,m1        
,defense ,materiel ,disposition ,manual1
 or any successor document4  7#d7 ,the  
term ,state ,coordinator1 with respect  
to a ,state1 means the individual       
appointed by the governor of the ,state 
to maintain property accountability     
records and oversee property use by the 
,state4  4  7#b7 ,effective date ,the   
amendments made by this subsection shall
 take effect on the date of the         

enactment of this ,act4  7b7 ,return of 
property to ,department of ,defense ,not
 later than one year after the date of  
the enactment of this ,act1 each        
,federal or ,state agency to which      
property described by subsection 7d7 of 
section #begf;a of title #aj1 ,united   
,states ,code 7as added by subsection   
7a77#a7 of this section71 was           
transferred before the date of the      
enactment of this ,act shall return such
 property to the ,defense ,logistics    
,agency on behalf of the ,department of 
,defense4  #c4 ,use of ,department of   
,homeland ,security preparedness grant  
funds  7a7 ,definitions ,in this        
section-- 7#a7 the term ,agency means   
the ,federal ,emergency ,management     
,agency2 and  7#b7 the term preparedness
 grant program includes-- 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  7,c7 the ,port        
,security ,grant ,program authorized    
under section #gjajg of title #df1      
,united ,states ,code2 and  7,d7 any    
other non-disaster preparedness grant   
program of the ,agency4  7b7 ,limitation
 ,the ,agency may not permit awards     
under a preparedness grant program to be
 used to buy1 maintain1 or alter-- 7#a7 
explosive entry equipment2  7#b7 canines
 7other than bomb-sniffing canines for  
agencies with certified bomb technicians
 or for use in search and rescue        
operations72  7#c7 tactical or armored  
vehicles2  7#d7 long-range hailing and  
warning devices2  7#e7 tactical entry   
equipment 7other than for use by        
specialized teams such as ,accredited   
,bomb ,squads1 ,tactical ,entry1 or     
,special ,weapons and ,tactics 7,,swat7 
,teams72 or  7#f7 firearms of 4#ej      
caliber or higher1 ammunition of 4#ej   
caliber or higher1 grenade launchers1   

flash grenades1 or bayonets4  7c7       
,review of prior receipt of property    
before award ,in making an award under a
 preparedness grant program1 the ,agency
 shall-- 7#a7 determine whether the     
awardee has already received1 and still 
retains1 property from the ,department  
of ,defense pursuant to section #begf;a 
of title #aj1 ,united ,states ,code1    
including through review of the website 
maintained by the ,defense ,logistics   
,agency pursuant to subsection 7h7 of   
such section 7as added by section       
#b7;a77#a7 of this ,act72  7#b7 require 
that the award may not be used by the   
awardee to procure or obtain property   
determined to be retained by the awardee
 pursuant to paragraph 7#a72 and  7#c7  
require that the award only be used to  
procure or obtain property in accordance
 with use restrictions contained within 
the ,agency's ,state and ,local         
,preparedness ,grant ,programs'         
,authorized ,equipment ,list4  7d7 ,use 
of grant program funds for required     

return of property to ,do,d             
,notwithstanding any other provision of 
law1 the use of funds by a ,state or    
local agency to return to the           
,department of ,defense property        
transferred to such ,state or local     
agency pursuant to section #bfgf;a of   
title #aj1 ,united ,states ,code1 as    
such return is required by section      
#b7;b7 of this ,act1 shall be an        
allowable use of preparedness grant     
program funds by such agency4  7e7      
,accountability measures  7#a7 ,audit of
 use of preparedness grant funds ,not   
later than one year after the date of   
the enactment of this ,act1 the         
,comptroller ,general of the ,united    
,states shall conduct an audit covering 
the period of fiscal year #bjaj through 
the current fiscal year on the use of   
preparedness grant program funds4 ,the  
audit shall assess how funds have been  
used to procure equipment1 how the      
equipment has been used1 and whether the
 grant awards have furthered the        

,agency's goal of improving the         
preparedness of ,state and local        
communities4  7#b7 ,annual accounting of
 use of award funds ,not later than one 
year after the date of the enactment of 
this ,act1 the ,agency shall develop and
 implement a system of accounting on an 
annual basis how preparedness grant     
program funds have been used to procure 
equipment1 how the equipment has been   
used1 whether grantees have complied    
with restrictions on the use of         
equipment contained with the ,authorized
 ,equipment ,list1 and whether the      
awards have furthered the ,agency's goal
 of enhancing the capabilities of ,state
 agencies to prevent1 deter1 respond to1
 and recover from terrorist attacks1    
major disasters1 and other emergencies4 
#d4 ,use of ,edward ,byrne ,memorial    
,justice ,assistance ,grant funds  7a7  
,limitation ,section #eja7;d7 of title  
,i of the ,omnibus ,crime ,control and  
,safe ,streets ,act of #aifh 7#cd       
,u4,s4,c4 #ajaeb7;d77 is amended by     

adding at the end the following3  7#c7  
,the purchase1 maintenance1 alteration1 
or operation of-- 7,a7 lethal weapons2  
or  7,b7 less-lethal weapons4  4  7b7   
,use of grant funds for required return 
of property to ,do,d ,notwithstanding   
any other provision of law1 the use of  
funds by a ,state agency or unit of     
local government to return to the       
,department of ,defense property        
transferred to such agency or unit of   
local government pursuant to section    
#bfgf;a of title #aj1 ,united ,states   
,code1 as such return is required by    
section #b7;b7 of this ,act1 shall be an
 allowable use of grant amounts under   
the ,edward ,byrne ,memorial ,justice   
,assistance ,grant ,program4  #e4       
,comptroller ,general report  7a7 ,in   
general ,not later than #ij days after  
the date of the enactment of this ,act1 
and annually thereafter1 the            
,comptroller ,general of the ,united    
,states shall submit to ,congress a     
report on ,federal agencies1 including  

offices of ,inspector ,general for      
,federal agencies1 that have specialized
 units that receive special tactical or 
military-style training or use          
hard-plated body armor1 shields1 or     
helmets and that respond to high-risk   
situations that fall outside the        
capabilities of regular law enforcement 
officers1 including any special weapons 
and tactics 7,,swat7 team1 tactical     
response teams1 special events teams1   
special response teams1 or active       
shooter teams4  7b7 ,elements ,the      
report required under subsection 7a7    
shall include the following elements3   
7#a7 ,a description of each specialized 
unit described under such subsection4   
7#b7 ,a description of the training and 
weapons of each such unit4  7#c7 ,the   
criteria for activating each such unit  
and how often each such unit was        
activated for each year of the previous 
ten years4  7#d7 ,an estimate of the    
annual cost of equipping and operating  
each such unit4  7#e7 ,any other        

information that is relevant to         
understanding the usefulness and        
justification for the units4