No Equipment Left Behind Act of 2026

[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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