To amend title 10, United States Code, to require that Federal, State, and local agencies to which surplus military equipment and personal property is sold or donated demonstrate that agency personnel are certified, trained, or licensed, as appropriate, in the proper operation of the equipment prior to the sale or donation.

Directs the Secretary of Defense (DOD) to require state or local law enforcement, firefighting, homeland security, or emergency management agencies that purchase surplus military equipment to demonstrate, as a condition of the sale, that agency personnel have been certified, trained, or licensed in the proper operation of such equipment.

Prohibits the Secretary from transferring or donating excess DOD personal property to law enforcement or firefighting agencies unless the recipient agency demonstrates that personnel have received such certification, training, or licensing.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5413 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5413

To amend title 10, United States Code, to require that Federal, State, 
  and local agencies to which surplus military equipment and personal 
   property is sold or donated demonstrate that agency personnel are 
    certified, trained, or licensed, as appropriate, in the proper 
       operation of the equipment prior to the sale or donation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2014

  Mr. Jolly introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to require that Federal, State, 
  and local agencies to which surplus military equipment and personal 
   property is sold or donated demonstrate that agency personnel are 
    certified, trained, or licensed, as appropriate, in the proper 
       operation of the equipment prior to the sale or donation.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. REQUIREMENT THAT STATE AND LOCAL AGENCIES RECEIVE TRAINING 
              IN PROPER OPERATION OF SURPLUS MILITARY EQUIPMENT AND 
              PROPERTY PRIOR TO SALE OR TRANSFER OF EQUIPMENT BY 
              DEPARTMENT OF DEFENSE.

    (a) Sale to State and Local Law Enforcement, Firefighting, Homeland 
Security, and Emergency Management Agencies.--Section 2576 of title 10, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(c) The Secretary of Defense shall require, as a condition of the 
sale of any surplus military equipment under this section, that the 
State or local law enforcement, firefighting, homeland security, or 
emergency management agency purchasing the equipment demonstrates, 
prior to the sale of the equipment, that agency personnel have been 
certified, trained, or licensed, as appropriate, in the proper 
operation of the equipment.''.
    (b) Sale or Donation for Law Enforcement Activities.--Section 
2576a(b) of such title is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) the recipient agency demonstrates, prior to the 
        transfer, that agency personnel have been certified, trained, 
        or licensed, as appropriate, in the proper operation of the 
        property.''.
    (c) Sale or Donation To Assist Firefighting Agencies.--Section 
2576b of such title is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) the recipient agency demonstrates, prior to the 
        transfer, that agency personnel have been certified, trained, 
        or licensed, as appropriate, in the proper operation of the 
        property.''.
    (d) Effective Date.--The amendments made by this Act shall apply 
with respect to the sale, transfer, or donation of property or 
equipment made after the date of the enactment of this Act.
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