H.R. 9241

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9241 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 9241

To amend title 10, United States Code, to improve the oversight of the 
disposition of accountable property in certain theaters of operation, 
and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

June 10, 2026

Mr. Hamadeh of Arizona (for himself and Mr. Mills) introduced the 
following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

A BILL

To amend title 10, United States Code, to improve the oversight of the 
disposition of accountable property in certain theaters of operation, 
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 ``No Equipment Left Behind Act of 
2026''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) The collapse of Iraqi security forces in Mosul and 
elsewhere in 2014 enabled the Islamic State of Iraq and the 
Levant (ISIL) to capture and exploit significant quantities of 
United States-origin and United States-provided equipment.
(2) The collapse of Afghan security forces in 2021 resulted 
in the acquisition by the Taliban and other hostile actors of 
substantial United States-funded defense equipment.
(3) The United States Special Inspector General for Afghan 
Reconstruction found that the Taliban likely gained access to 
approximately $57,600,000 in funds provided by the Department 
of Defense, the Department of State, and the United States 
Agency for International Development to the former Afghan 
government.
(4) The Department of Defense reported that it left at 
least $7,100,000,000 in United States-funded defense equipment 
in Afghanistan upon the United States departure in 2021.
(5) According to news reporting from June through August 
2021, the Taliban captured significant quantities of United 
States-provided vehicles and equipment from Afghan security 
forces prior to the collapse of the former Afghan government, 
including, in at least one reported period, approximately 700 
trucks and Humvees, and reporting citing a United States 
official and an intelligence assessment indicated the Taliban 
was believed to control more than 2,000 armored vehicles and 
dozens of fixed-wing aircraft and helicopters, following the 
collapse.
(6) Department of Defense oversight reporting found that 
interagency information regarding funds and equipment left 
behind in Afghanistan was limited, and that the agencies lacked 
plans to recover such funds or equipment.
(7) Credible news reporting in May 2015, citing statements 
by Iraqi government officials, indicated that ISIL captured 
approximately 2,300 Humvee armored vehicles from Iraqi security 
forces in Mosul in 2014. Credible reporting further indicated 
that ISIL converted captured United States-provided Humvee 
vehicles into vehicle-borne improvised explosive devices, 
including suicide car bombs, and employed such devices against 
Iraqi and Kurdish partner forces.
(8) Iranian-backed militia and proxy networks operating in 
Iraq and Syria have demonstrated the capability and intent to 
infiltrate, influence, or exploit partner security institutions 
and logistics nodes, increasing the risk that United States-
origin defense equipment may be diverted, transferred, or 
otherwise accessed by state-backed proxy forces.
(9) Any decisions regarding force reposturing or withdrawal 
should be predicated on comprehensive equipment accountability, 
cost transparency, and partner force resiliency assessments to 
mitigate the risk of diversion.
(10) Disposition decisions should leverage a full spectrum 
of options--including retrograde, destruction, and sale to 
identify cost-neutral or cost-offsetting solutions for surplus 
equipment.
(11) Current Department of Defense property accountability 
and security assistance monitoring frameworks lack the systemic 
integration necessary to provide Congress with timely, 
comprehensive accounting or cost-benefit analyses regarding 
equipment disposition during force withdrawals or significant 
reposturing.

SEC. 3. DISPOSITION OF ACCOUNTABLE PROPERTY IN DESIGNATED THEATERS OF 
OPERATION.

(a) Oversight of Disposition.--Chapter 153 of title 10, United 
States Code, is amended by inserting after section 2581 the following 
new section:
``Sec. 2582. Disposition of accountable property in designated theaters 
of operation
``(a) Reporting Requirement.--Not later than 60 days after 
initiating any significant force reposturing or withdrawal within or 
from a covered theater of operations, the Secretary of Defense shall 
submit to the congressional defense committees a report that includes, 
with respect to accountable property used in connection with the 
operations associated with such reposturing or withdrawal, the 
following elements:
``(1) A comprehensive inventory of such property 
(including, to the extent practicable, the serial number and 
end-item identity of any such property that is a controlled 
inventory item), including an identification of--
``(A) whether such property remains under the 
custody and control of the United States;
``(B) to the extent known and consistent with 
available records, whether such property was previously 
sold or otherwise transferred to an ally or partner of 
the United States;
``(C) whether the Secretary has proposed a 
disposition for such property and if so, which 
disposition; and
``(D) to the extent known or assessed, the status 
of such property, including, if known, the disposition 
of such property and the end user of such property.
``(2) For each category of major defense equipment, an 
assessment of the feasibility, timeline, operational effect, 
and security, accountability, and end-user monitoring 
considerations, associated with potential dispositions for 
accountable property within each such category.
``(3) For any covered disposition assessed under paragraph 
(2), a description of any operational or logistical constraint 
rendering other dispositions unfeasible or impracticable.
``(4) For each potential disposition for accountable 
property assessed as feasible pursuant to paragraph (2), an 
estimate of the incremental costs of such option relative to 
baseline costs of withdrawal and redeployment activities, 
including an identification of--
``(A) costs associated with the shipping and 
handling of such property; and
``(B) costs associated with the sustainment and 
storage for such property.
``(5) A plan to mitigate the risk of diversion or misuse 
resulting from dispositions of accountable property that 
includes the following:
``(A) An identification of relevant end-use 
monitoring requirements of the Department of Defense, 
including the office of the Department responsible for 
implementing such requirements, the frequency of 
monitoring under such requirements, and any procedures 
for addressing noncompliance with such requirements, 
including in the event of the loss of the property.
``(B) An identification of any feasible remote 
disablement capability that may be used with respect to 
such property, and, for any such capability the use of 
which is not feasible, an explanation of any technical, 
operational, or legal constraints to such use.
``(C) Procedures for the implementation of the plan 
with respect to accountable property that is sensitive 
technology (including communications security items, 
cryptographic material, biometrics collection devices, 
and associated databases) prior to determining a 
disposition for such technology.
``(D) A plan to secure, retrieve, disable, or 
otherwise neutralize accountable property in the event 
of the ally or partner of the United States to which 
such property was sold or transferred experiencing a 
collapse or regime change.
``(E) A chain-of-custody plan for the transport, 
storage, and transfer of accountable property, 
including an identification of responsible units, 
storage site controls, and inspection checkpoints.
``(6) For any accountable property previously sold or 
otherwise transferred to an ally or partner of the United 
States, or proposed to be so sold or transferred, an assessment 
of the following:
``(A) The capacity of the end user, or prospective 
end user, to sustain such property absent support by 
the United States Armed Forces or contractors of the 
Department of Defense.
``(B) To the extent practicable, whether the end 
user, or prospective end user--
``(i) has been subject to any security 
vetting or monitoring by the Secretary, 
including an identification of any period of 
continuous monitoring;
``(ii) maintains effective command-and-
control structures; or
``(iii) is subject to infiltration, 
coercion, or substantial influence by any 
foreign terrorist organization or other hostile 
actor.
``(C) The effect, or anticipated effect, of the 
sale or transfer on morale and retention with respect 
to the United States Armed Forces.
``(D) Whether there is a history of accountable 
property previously sold or transferred to the ally or 
partner being diverted to an unauthorized end user, 
including, as applicable, an identification of any such 
prior diversion, the assessed end user, and the 
quantity and type of any major defense equipment so 
diverted.
``(E) The risk of the ally or partner experiencing 
rapid collapse.
``(7) An assessment of the significant force reposturing or 
withdrawal with respect to applicable lessons learned from the 
operations of United States Armed Forces in Iraq in 2014, and 
the withdrawal of such forces from Afghanistan in 2021, 
including an assessment of--
``(A) specific decision points with respect to such 
operations in which diversion risk was underestimated; 
and
``(B) any mitigation measures that would have 
reduced such risk.
``(b) Notification of Certain Sales and Transfers.--Not later than 
30 days after the date of a sale or transfer of accountable property in 
connection with a significant force reposturing or withdrawal within or 
from a covered theater of operations, the Secretary of Defense shall 
submit to the congressional defense committees a notification the 
contains, to the extent known--
``(1) a description of the accountable property sold or 
otherwise transferred;
``(2) a description of the end user of such property; and
``(3) a certification of the conduct of the assessment 
required under paragraph (1)(A).
``(c) Senior Approval Requirement.--(1) The Secretary of Defense or 
the Deputy Secretary of Defense shall approve, in writing, any 
determination to proceed with a disposition described in paragraph (2) 
for accountable property with an aggregate replacement value exceeding 
$10,000,000.
``(2) A disposition described in this paragraph is, with respect to 
accountable property, the abandonment or loss of such property without 
continuous custody and control by the United States or a partner or 
ally of the United States, the destruction of such property, or the 
demilitarization of such property.
``(d) Annual Report and Notification Requirements.--(1) Not later 
than one year after the date of the enactment of this section, and 
annually thereafter for five years, the Secretary of Defense shall 
submit to the congressional defense committees a report containing, 
with respect to the year preceding the date of submission of the 
report, the following:
``(A) A summary of the dispositions of accountable property 
in covered theaters of operation, including any covered 
dispositions.
``(B) A summary of any incidents in which major defense 
equipment was diverted, including an identification of the 
quantity and type of equipment so diverted and, to the extent 
practicable, the assessed end user.
``(C) A summary of risk mitigation measures implemented, 
consistent with the plan under subsection (a)(5).
``(D) Any material changes in the resilience of allies or 
partners of the United States relevant to determinations 
regarding dispositions for accountable property, including with 
respect to the risk of infiltration or diversion.
``(2) Not later than 30 days after any date on which the Secretary 
of Defense becomes aware of a collapse of an ally or partner force or 
other event that the Secretary determines materially increases the risk 
of accountable property being diverted in a covered theater of 
operations, the Secretary shall submit to the congressional defense 
committees written notification that includes a description of the 
event, the categories of property at risk of diversion, and any 
mitigation measure implemented.
``(3)(A) Not later than 30 days after any date on which the 
Secretary of Defense becomes aware that accountable property subject to 
a covered disposition in a covered theater of operations has been 
diverted and used in an attack conducted by a foreign terrorist 
organization or other hostile actor against the United States, allies 
or partners of the United States, or local populations, the Secretary 
shall submit to the congressional defense committees a written 
notification.
``(B) Each notification under subparagraph (A) shall include, to 
the extent practicable--
``(i) an identification of the accountable property used in 
the attack;
``(ii) an identification of the date on which, and the 
location from which, the property left the custody and control 
of the United States or an ally or partner of the United 
States;
``(iii) an attribution as to the actor responsible for the 
attack; and
``(iv) the total number of casualties caused by the attack.
``(e) Form of Reports.--Each report required under this section 
shall be submitted in unclassified form but may include a classified 
annex.
``(f) Definitions.--In this section:
``(1) The term `accountable property' means any accountable 
property of the Department of Defense, as described in 
Department of Defense Instruction 5000.64, titled 
`Accountability and Management of DoD Equipment and Other 
Accountable Property' and dated June 10, 2019 (or any such 
successor instruction).
``(2) The term `aggregate replacement value', with respect 
to accountable property, means the total replacement value of 
such property as reflected in property accountability systems 
of the Department of Defense, or, if not recorded therein, the 
best available estimate for such value as determined by the 
Secretary.
``(3) The term `controlled inventory item' means any item 
designated as such pursuant to Department of Defense 
Instruction 5000.64, titled `Accountability and Management of 
DoD Equipment and Other Accountable Property' and dated June 
10, 2019 (or any such successor instruction).
``(4) The term `covered disposition', with respect to 
accountable property--
``(A) means disposition of such property other than 
a retrograde, destruction, demilitarization, sale, or 
other transfer, carried out in accordance with 
applicable provisions of law; and
``(B) includes the abandonment of such property 
without continuous custody and control by the United 
States or a partner or ally of the United States.
``(5) The term `covered theater of operations' means any 
geographic area designated by the Secretary of Defense for 
purposes of this section in which the United States Armed 
Forces are conducting contingency operations, advising or 
assisting ally or partner forces engaged in hostilities, or 
conducting operations in an environment with respect to which 
the Secretary determines there is a material risk of the loss 
or abandonment of such property without continuous custody and 
control by the United States or a partner or ally of the United 
States as a result of armed conflict, terrorist activity, 
collapse of an ally or partner force, or seizure by a hostile 
actor, taking into account any history of diversion of such 
property to an unauthorized end user.
``(6) The term `disposition', with respect to accountable 
property, includes the retrograde, destruction, 
demilitarization, sale, transfer, loss, and abandonment of such 
property.
``(7) The term `foreign terrorist organization' means an 
organization so designated by the Secretary of State under 
section 219 of the Immigration and Nationality Act (8 U.S.C. 
1189).
``(8) The term `major defense equipment' has the meaning 
given such term in section 47 of the Arms Export Control Act 
(22 U.S.C. 2794).
``(9) The term `significant force reposturing or 
withdrawal' means a reduction, redeployment, or consolidation 
of the United States Armed Forces that the Secretary of Defense 
determines is significant for purposes of this section, 
including any action that--
``(A) closes, transfers, or materially reduces the 
capacity of a facility of the Department of Defense;
``(B) results in the disposition of accountable 
property with an aggregate value exceeding $10,000,000; 
or
``(C) reduces United States Armed Forces personnel 
levels by more than 20 percent in a given covered 
theater of operations over a 90-day period.''.
(b) Initial Baseline Report.--
(1) Report required.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report that provides 
baseline information regarding the disposition of accountable 
property in covered theaters of operation during fiscal year 
2026 and contains plans for the implementation of section 2582 
of title 10, United States Code, as added by subsection (a).
(2) Elements.--The report under paragraph (1) shall include 
the following:
(A) A description of the processes and systems of 
the Department of Defense for the disposition of 
accountable property in covered theaters of operations, 
including any such systems used to record inventories 
of, or dispositions for, such property.
(B) A description of any policies or procedures of 
the Department of Defense governing dispositions for 
accountable property, including the approval procedures 
for covered dispositions, and any planned updates to 
such policies to conform with the requirements of such 
section 2582.
(C) An assessment of any gaps in data that would 
affect compliance with such requirements, and a plan 
and timeline to resolve any such gaps.
(3) Form.--The report required under this subsection shall 
be submitted in unclassified form but may include a classified 
annex.
(c) Report on Senior Leader Accountability for Certain 
Dispositions.--
(1) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to 
the congressional defense committees a report describing 
processes to determine accountability for covered dispositions 
of accountable property in connection with a significant force 
reposturing or withdrawal.
(2) Elements.--The report under paragraph (1) shall include 
the following:
(A) A description of the policies and standards 
applied to assess individual and command responsibility 
for the covered dispositions referred to in paragraph 
(1), including distinctions, if any, by grade, 
position, or component.
(B) A description of any adverse personnel action 
available, and (as applicable) taken, with respect to 
members of the Armed Forces as a result of such covered 
dispositions.
(C) An identification of the criteria used to 
determine whether such covered dispositions trigger a 
formal investigation or accountability review.
(D) Any recommendations for statutory, regulatory, 
or policy changes to ensure accountability standards 
are applied consistently and proportionately across 
ranks and responsibilities.
(3) Form.--The report required under this subsection shall 
be submitted in unclassified form but may include a classified 
annex.
(d) GAO Review.--
(1) Review.--The Comptroller General of the United States 
shall review the implementation of section 2582 of title 10, 
United States Code, as added by subsection (a), including with 
respect to--
(A) the completeness of any inventories submitted 
under such section;
(B) the validity of cost comparisons used in 
implementing such section, including any assumptions 
used in such comparisons;
(C) the adequacy of any plan developed under 
subsection (a)(5) of such section; and
(D) the frequency of, justifications for, and 
execution of, sales or transfers of accountable 
property for which a waiver is issued under subsection 
(b)(2)(A) of such section, including compliance with 
the notification and reporting requirements of such 
subsection.
(2) Briefing.--Not later than one year after the date of 
the enactment of this Act, the Comptroller General shall 
provide to the congressional defense committees a briefing on 
the results of the review under paragraph (1).
(e) Definitions.--In this section:
(1) The term ``congressional defense committees'' has the 
meaning given such term in section 101 of title 10, United 
States Code.
(2) The terms ``accountable property'', ``covered 
disposition'', ``disposition'', and ``significant force 
reposturing or withdrawal'' have the meanings given such terms 
in section 2582(f) of title 10, United States Code, as added by 
subsection (a).
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