S.Amdt. 4371

SA 4371. Mrs. McCASKILL submitted an amendment intended to be
proposed by her to the bill S. 2943, to authorize appropriations for
fiscal year 2017 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

Strike section 1053(a) and insert the following:
(a) Section 2576a of title 10, United States Code, is
amended by adding at the end the following new subsections:
``(g) Determination of Eligible Defense Items.--
``(1) Controlled defense items eligible for treatment.--
``(A) In general.--Subject to the provisions of this
paragraph, the controlled defense items that may be treated
as eligible defense items for purposes of this section shall
include items that--
``(i) can be readily put to civilian use by State and local
law enforcement agencies; and
``(ii) are suitable for transfer to State and local law
enforcement agencies pursuant to this section.
``(B) Initial eligible defense items.--The controlled
defense items to be treated as eligible defense items for
purposes of this section as of the date of the enactment of
the National Defense Authorization Act for Fiscal Year 2017
are the following:
``(i) Camouflage uniforms and clothing.
``(ii) Fixed wing manned aircraft.
``(iii) Rotary wing manned aircraft.
``(iv) Unmanned aerial vehicles.
``(v) Wheeled armored vehicles.
``(vi) Wheeled tactical vehicles.
``(vii) Specialized firearms and ammunition under .50-
caliber.
``(viii) Explosives and pyrotechnics, including explosive
breaching tools.
``(ix) Breaching apparatus.
``(x) Riot batons.
``(C) Interpretation of this section.--Subparagraph (B)
shall supersede the equipment lists issued pursuant to
Executive Order 13688.
``(D) List of controlled defense items treatable as
eligible defense items.--The Secretary of Defense shall,
acting through the Director of the Defense Logistics Agency
and in consultation with the Working Group established by
Executive Order 13688, maintain, and periodically update, a
list of controlled defense items that are currently
appropriate for treatment as eligible defense items for
purposes of this section. The list shall be established and
maintained in accordance with the regulations for purposes of
this section under subsection (g).
``(2) Controlled defense items not eligible for
treatment.--
``(A) In general.--A controlled defense item may not be
treated as an eligible defense item for purposes of this
section if--
``(i) the item is made exclusively for the military; and
``(ii) the item, or a substantially similar item, cannot be
purchased by State or local law enforcement agencies in the
private sector even after the item is demilitarized.
``(B) Initial prohibited items.--Unless and until
determined otherwise by the Secretary for purposes of this
section, the controlled defense items that may not be treated
as eligible defense items for purposes of this section are
the following:
``(i) Tracked armored vehicles.
``(ii) Weaponized aircraft, vessels, and vehicles of any
kind.
``(iii) Firearms of .50-caliber or higher.
``(iv) Ammunition of .50-caliber or higher.
``(v) Grenades, flash bang grenades, grenade launchers, and
grenade launcher attachments.
``(vi) Bayonets.
``(vii) Mine Resistant Ambush Protected (MRAP) vehicles.
``(viii) Tasers developed primarily for use by the
military.
``(C) Interpretation of this section.--Subparagraph (B)
shall supersede the equipment lists issued pursuant to
Executive Order 13688.
``(D) List of controlled items not treatable as eligible
defense items.--The Secretary shall, acting through the
Director of the Defense Logistics Agency and in consultation
with the Working Group established pursuant to Executive
Order 13688, maintain, and periodically update, a list of
controlled defense items that are currently prohibited from
treatment as eligible defense items for purposes of this
section.
``(3) Return of items not treated as eligible defense items
not immediately required.--
``(A) Return of initial prohibited items not generally
required.--The regulations for purposes of this section shall
provide that a law enforcement agency in possession on the
date of the enactment of the National Defense Authorization
Act for Fiscal Year 2017 of a controlled defense item that is
not eligible for treatment as an eligible defense item
pursuant to paragraph (2)(B) shall not be required to return
such item to the Department pursuant to Executive Order
13688.
``(B) Return of items subsequently treated as not eligible
not required.--The regulations for purposes of this section
shall provide that a law enforcement agency in possession of
a controlled defense item that is no longer eligible for
treatment as an eligible defense item pursuant to paragraph
(2)(D) shall not be required to return such item to the
Department pursuant to Executive Order 13688.
``(C) Construction.--Nothing in this section shall be
construed to require a law enforcement agency, pursuant to
Executive Order 13688, to return to the Department equipment
obtained from the Federal Government, or obtained using
Federal funds, if such equipment was obtained by the agency
in a manner consistent with all applicable laws and
regulations.
``(D) Transfer of ownership.--Nothing in this section shall
be construed as a transfer of ownership of any equipment
obtained from the Federal Government pursuant to this
section.
``(h) 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
concerned.
``(i) Notice on Requests for Transfers to State and Local
Officials.--
``(1) In general.--Except as provided in paragraph (2), a
State or local law enforcement agency may not request
transfer of an eligible defense item under this section,
including pursuant to interagency transfer under subsection
(t), unless the law enforcement agency has provided notice of
the request to the head and legislative body of the State or
political subdivision of a State of which the law enforcement
agency is an agency.
``(2) Exception.--
``(A) 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 (1) if
the item requested is for an active undercover operation.
``(B) Alternative notice requirement.--A State or local law
enforcement agency receiving an item under this section
pursuant to a request covered by subparagraph (A) shall
notify the head and legislative body of the State or
political subdivision of a State of which the law enforcement
agency is an agency of the request not later than 10 business
days after operation concerned becomes an open record.
``(j) Training Requirements.--
``(1) Minimum training requirements for law enforcement
officers.--
``(A) In general.--On and after the date that is three
years after the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2017, eligible defense
items may not be transferred to a State or local law
enforcement agency of a State under this section unless the
Governor of the State (or the designee of the Governor)
certifies to the Director of the Defense Logistics Agency
that the State has in place minimum training requirements for
all sworn law enforcement officers in the State, including--
``(i) a requirement that anyone that has decision-making
authority on the deployment of a SWAT team attends the
National Tactical Officers Association unit commanders course
or an equivalent within 1 year of commencing the exercise of
such authority;

[[Page S3375]]

``(ii) specialized leadership training requirements for
unit commanders who have--

``(I) decision-making authority on the deployment of SWAT
teams and tactical military vehicles; or
``(II) responsibility for drafting policies on the use of
force and SWAT team deployment;

``(iii) annual specialized SWAT team training requirements
for all SWAT team members, including in law enforcement
tactics used in tactical operations;
``(iv) annual training requirements for all law enforcement
officers that are members of specialized tactical units other
than SWAT teams (including high-risk warrant service teams,
hostage rescue teams, and drug enforcement task forces);
``(v) annual training on the general policing standards of
the law enforcement agency on equipment such as eligible
defense items;
``(vi) annual training on sensitivity, including training
on ethnic and racial bias, cultural diversity, and police
interaction with the disabled, mentally ill, and new
immigrants;
``(vii) annual training in crowd control tactics for any
officers that may be called upon to participate in crowd
control efforts; and
``(viii) such other training as recommended by the
evaluation conducted pursuant to section 1051(d) of the
National Defense Authorization Act for Fiscal Year 2016.
``(B) Satisfaction by recent hirees.--The requirements
under subparagraph (A) shall provide for the first completion
of the training concerned by an individual who becomes an
officer in a law enforcement agency by not later than one
year after the date on which the individual becomes an
officer in the law enforcement agency.
``(C) Record-keeping.--Each law enforcement agency to which
eligible defense items are transferred pursuant to this
section shall retain training records of each office
authorized to use such items, either in the personnel file of
the officer or by the training division or equivalent entity
of the agency, for not less than three years after the date
on which the training occurs, and shall provide a copy of
such records to the Director of the Defense Logistics Agency
upon request.
``(2) Interpretation of this section.--The training
requirements in paragraph (1)(A) shall, for the purpose of
obtaining equipment under this section, supersede and
override the training requirements issued pursuant to
Executive Order 13688.
``(k) Construction With Other DLA Authority.--Nothing in
this section shall be construed to override, alter, or
supersede the authority of the Director of the Defense
Logistics Agency to dispose of property of the Department of
Defense that is not an eligible defense item to law
enforcement agencies under another other provision of law.
``(l) Definitions.--In this section:
``(1) The term `bayonet' means a large knife designed to be
attached to the muzzle of a rifle, shotgun, or long gun for
the purposes of hand-to-hand combat.
``(2) The term `breaching apparatus' means a tool designed
to provide law enforcement rapid entry into a building or
through a secured doorway, including battering rams or
similar entry devices, ballistic devices, and explosive
devices.
``(3) The term `controlled defense item' means property of
the Department of Defense that is subject to the restrictions
of the United States Munitions List (22 Code of Federal
Regulations Part 121) or the Commerce Control List (15 Code
of Federal Regulations Part 774).
``(4) The term `eligible defense item' means a controlled
defense item that is eligible for transfer to a law
enforcement agency pursuant to this section.
``(5) The term `fixed wing manned aircraft' means a powered
aircraft with a crew aboard, such as airplanes, that uses a
fixed wing for lift.
``(6) The term `grenade launcher' means a firearm or
firearm accessory designed to launch small explosive
projectiles.
``(7) The term `riot baton' means a non-expandable baton of
greater length than service-issued types that are intended to
protect its wielder during melees by providing distance from
assailants. The term does not include a service-issued
telescopic or fixed length straight baton.
``(8) The term `specialized firearm and ammunition under
.50-caliber' means a weapon and corresponding ammunition for
specialized operations or assignments. The term does not
include service-issued handguns, rifles, or shotguns that are
issued or approved by an agency to be used during the course
of regularly assigned duties.
``(9) The term `State Coordinator' means an individual
appointed by the Governor of a State--
``(A) to manage requests of State and local law enforcement
agencies of the State for eligible defense items; and
``(B) to ensure the appropriate use of eligible defense
items transferred under this section by such law enforcement
agencies.
``(10) The term `State or local law enforcement agency'
means a State or local agency or entity with law enforcement
officers that have arrest and apprehension authority and
whose primary function is to enforce the laws. The term
includes a local educational agency with such officers. The
term does not include a firefighting agency or entity.
``(11) The term `SWAT team' means a Special Weapons and
Tactics team or other specialized tactical team composed of
State or local sworn law enforcement officers.
``(12) The term `tactical military vehicle' means an
armored vehicle having military characteristics resulting
from military research and development processes that is
designed primarily for use by forces in the field in direct
connection with, or support of, combat or tactical
operations.
``(13) The term `tracked armored vehicle' means a vehicle
that provides ballistic protection to their occupants and
utilize a tracked system instead of wheels for forward
motion.
``(14) The term `unmanned aerial vehicle' means a remotely
piloted, powered aircraft without a crew aboard.
``(15) The term `wheeled armored vehicle' means any wheeled
vehicle either purpose-built or modified to provide ballistic
protection to its occupants, such as an Armored Personnel
Carrier.
``(16) The term `wheeled tactical vehicle' means a vehicle
purpose-built to operate onroad and offroad in support of
military operations, such as a HMMWV (`Humvee'), 2.5ton
truck, 5ton truck, or a vehicle with a breaching or entry
apparatus attached.''.

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