Police Receiving Overly Traumatizing Equipment Changes Today Act or the PROTECT Act
This bill provides incentives to encourage states and local governments to return or to not receive transfers from the Department of Defense (DOD) of certain surplus military property (e.g., controlled firearms, ammunition, grenades, and drones) and eliminates the requirement for DOD to give preference to transfers of property that will be used in counterdrug or border security activities. In addition, the bill authorizes grants for programs and training for law enforcement officers such as training on de-escalation techniques.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7133 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7133
To encourage State and local demilitarization by incentivizing the
return of purchases made through the LESO program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2020
Ms. Haaland (for herself, Mr. Johnson of Georgia, Mr. Gallego, Ms.
Bass, Mr. Cohen, Ms. Dean, Mrs. Hayes, Mrs. Carolyn B. Maloney of New
York, Ms. Norton, Mr. San Nicolas, Ms. Scanlon, and Mrs. Watson
Coleman) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on Armed
Services, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To encourage State and local demilitarization by incentivizing the
return of purchases made through the LESO program, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Police Receiving Overly Traumatizing
Equipment Changes Today Act'' or the ``PROTECT Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Under section 2576a of title 10, United States Code,
the Department of Defense is authorized to provide excess
property to local law enforcement agencies. The Defense
Logistics Agency administers such section by operating the Law
Enforcement Support Office (referred to in this Act as
``LESO'') program.
(2) New and used material, including mine-resistant ambush-
protected vehicles and weapons determined by the Department of
Defense to be ``military grade'' are transferred to Federal,
State, tribal, and local law enforcement agencies through the
program.
(3) As of September 30, 2019, the Department of Defense,
through the LESO, as reported through public information, has
transferred $1,796,844,591.74 worth of equipment with over
1,474,319 units of goods.
(4) Research has shown that as transfers of militarization
equipment increase in States, reputation of police officers
decreases and the increased equipment shows no change in the
crime rate.
(5) Research shows that police officers are more likely to
be harmed by civilians when States receive certain transfers
and police frequently engage in violent actions against
civilians.
(6) On January 16, 2015, President Barack Obama issued
Executive Order 13688 to better coordinate and regulate the
Federal transfer of military weapons and equipment to State,
local, and tribal law enforcement agencies and stated that
``the show of force typically associated with military
operations, when employed by civilian police, can weaken
community trust, especially in communities with a history of
strained relationships between the community and local law
enforcement''.
(7) In July 2017, the Government Accountability Office
reported that the program's internal controls were inadequate
to prevent fraudulent applicants' access to the program.
SEC. 3. LIMITING SALE OR DONATION OF EXCESS PROPERTY FOR LAW
ENFORCEMENT ACTIVITIES.
Section 2576a of title 10, United States Code, is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by
striking ``, including small arms and ammunition,'';
and
(B) in subparagraph (A), by striking ``counterdrug,
counterterrorism, and border security activities'' and
inserting ``counterterrorism''; and
(2) in subsection (d), by striking ``counterdrug,
counterterrorism, or border security activities'' and inserting
``counterterrorism''.
SEC. 4. GEAR FOR GRANTS PROGRAM.
Part A of title I of the Omnibus Crime Control and Safe Streets Act
of 1968 is amended by adding at the end the following:
``SEC. 110. DEMILITARIZATION OF LAW ENFORCEMENT AGENCIES.
``(a) Priority.--In awarding funds under covered grant programs,
priority shall be given to States and units of local government with
law enforcement agencies that, in the 12 months prior to the date on
which the application for the covered grant program is submitted--
``(1) have no transfers from the Department of Defense; or
``(2) have--
``(A) returned to the Department of Defense an
appropriate number of transfers such that the value of
transfers is equal to twice the value of the funds that
the applicant would receive under the applicable
covered grant program; and
``(B) not received transfers from the Department of
Defense in the 12 months prior to the date on which the
grant is awarded.
``(b) Covered Grant Programs.--The programs referred to in
subsection (a) are the following::
``(1) The program under part Q of this title.
``(2) Any other grant program carried out by the Department
of Justice for the benefit of law enforcement agencies that the
Attorney General considers appropriate.
``(c) Definitions.--In this section:
``(1) Transfers.--The term `transfers' means the equipment
provided under section 2576a of title 10, United States Code,
which includes the following:
``(A) Controlled firearms, ammunition, bayonets,
grenade launchers, grenades (including stun and flash-
bang), and explosives.
``(B) Controlled vehicles, highly mobile
multiwheeled vehicles, mine-resistant ambush-protected
vehicles, trucks, truck dump, truck utility, and truck
carryall.
``(C) Drones that are armored, weaponized, or both.
``(D) Controlled aircrafts that--
``(i) are combat configured or combat
coded; or
``(ii) have no established commercial
flight application.
``(E) Silencers.
``(F) Long-range acoustic devices.
``(G) Items in the Federal Supply Class of banned
items.
``(2) Value of transfers.--The term `value of such
transfers' means the fair market value of the equipment
described in section 2576(a) of title 10, United States Code,
at the time of transfer.''.
SEC. 5. GRANT AUTHORIZATION.
(a) In General.--The Attorney General may make grants to States,
units of local government, Indian tribal governments, or other public
and private entities, or to any multijurisdictional or regional
consortia of such entities to implement one or more of the programs and
trainings described in subsection (b).
(b) Programs.--The programs and trainings described in this
subsection consist of the following:
(1) Effective trainings on ethnic and racial bias, cultural
diversity, and police interaction with the disabled, mentally
ill, and immigrants.
(2) Training on de-escalation techniques, including--
(A) verbal and physical tactics to minimize the
need for the use of force, with an emphasis on
communication and negotiation;
(B) providing the time needed to resolve the
incident safely for everyone;
(C) the use of alternative non-lethal methods of
force; and
(D) techniques that prevent the officer from
escalating any situation where force is likely to be
used.
(3) Crisis intervention trainings to appropriately identify
and respond to individuals suffering from mental health or
substance abuse issues, with an emphasis on de-escalation
tactics and promoting effective communication.
(4) A body-worn camera program in order to deter excessive
force, improve accountability and transparency of use of force
by law enforcement officers, and improve evidence collection.
(c) Application.--To receive a grant under this part, a State, unit
of local government, Indian tribal government, or other public and
private entity shall submit to the Attorney General an application at
such time, in such form, and containing such information as the
Attorney General may require.
(d) Term.--A grant under this section shall be made for a 1-year
period.
(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out this section
for each of fiscal years 2021 through 2025.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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