Congress Passes National Defense Authorization Act (What’s In, What’s Out for Public Safety)
The week of December 13, 2021, the Senate passed a $768 billion defense authorization bill (S. 1605). The National Defense Authorization Act (NDAA), which the House passed, now moves to the President for signature.
Of note, the bill includes the following law enforcement/public safety provisions:
- Improve access to the 1033 federal equipment program for first responder departments in smaller communities.
- The legislation directs the Department of Defense to report on the equity of the 1033 program, a federal initiative that delivers equipment sitting idly and that might otherwise be destroyed, to local first responders. Specifically, the provision will identify disparities in access to equipment distribution between larger municipal departments and smaller ones. Additionally, the report will identify potential reforms to the 1033 program.
- Require the president to report to Congress on countries that are the most significant sources of illicit fentanyl and fentanyl analogues significantly affecting the U.S and whether they have:
- Cooperated with the U.S. in preventing the exports of the drugs.
- Adopted scheduling or other procedures for illicit drugs that are similar to those under the Controlled Substance Act.
- Prosecuted individuals involved in the illegal manufacture or distribution of them.
- Required registration of tableting and encapsulating machines.
- Require the Secretary of Homeland Security to prioritize the assignment of officers and intelligence analysts from the Transportation Security Administration and, as appropriate, from the Office of Intelligence and Analysis of the Department of Homeland Security to locations with participating State, local, and regional fusion centers in jurisdictions with a high-risk surface transportation asset in order to enhance the security of such assets, including by improving timely sharing of information.
The final bill excludes
- Language from the House-passed bill that would bar federal banking regulators from taking action against banks that serve cannabis businesses operating legally under state law.
- Gun-related provisions.