[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7766 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 7766
To amend title 10, United States Code, to direct the Secretary of
Defense to make certain limitations on the transfer of personal
property to Federal and State agencies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 3, 2026
Mr. Johnson of Georgia (for himself, Mr. Carson, Mr. Davis of Illinois,
Ms. DeGette, Mr. Doggett, Mr. Evans of Pennsylvania, Mr. Frost, Ms.
Garcia of Texas, Ms. Kelly of Illinois, Mr. Khanna, Ms. Lee of
Pennsylvania, Mrs. McIver, Ms. Norton, Ms. Schakowsky, Mr. David Scott
of Georgia, Mr. Scott of Virginia, Ms. Simon, Mr. Thanedar, Ms. Tlaib,
and Ms. Wilson of Florida) introduced the following bill; which was
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to direct the Secretary of
Defense to make certain limitations on the transfer of personal
property to Federal and State agencies, 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 ``Stop Militarizing Law Enforcement
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(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 program (commonly referred to as the
``1033 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,
Tribal, State, and local law enforcement agencies through the
program.
(3) As a result local law enforcement agencies, including
police and sheriff departments, are acquiring this material for
use in their normal operations.
(4) As a result of the wars in Iraq and Afghanistan,
military equipment purchased for, and used in, those wars has
become excess property and has been made available for transfer
to local and Federal law enforcement agencies.
(5) During fiscal year 2017, property valued at
$504,000,000 was transferred to law enforcement agencies.
(6) Weapons and equipment valued at more than
$6,800,000,000 have been transferred to police organizations in
all 50 States and four territories through the program.
(7) In May 2012, the Defense Logistics Agency instituted a
moratorium on the transfer of weapons through the program after
reports of missing equipment and inappropriate weapons
transfers.
(8) Though the moratorium was widely publicized, it was
lifted in October 2013 without adequate safeguards.
(9) 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.
(10) In July 2017, the Government Accountability Office
reported that the internal controls of the 1033 program were
inadequate to prevent access by fraudulent applicants to the
program.
(11) On August 28, 2017, President Donald Trump rescinded
Executive Order 13688 despite a July 2017 Government
Accountability Office report finding deficiencies with the
administration of the 1033 program.
(12) On May 25, 2022, President Joseph Biden issued
Executive Order 14074. Section 12 of Executive Order 14074
reinstated the requirements of Executive Order 13688 and
imposed additional programmatic changes on the Law Enforcement
Support Office. These changes included--
(A) a prohibition on the transfer of silencers and
suppressors;
(B) a prohibition on the transfer of vehicles
without a commercial application, including tracked and
armored vehicles, unless a law enforcement agency
certified that the vehicle would be used exclusively
for disaster-related emergencies, active shooter
scenarios, hostage or search and rescue operations, or
antiterrorism preparedness, protection, prevention,
response, recovery, or relief; and
(C) new requirements for certifications and public
notifications when law enforcement agencies requested
property through the program.
(13) Pursuant to Executive Order 14074, 240 suppressors
were recalled, returned to the Department of Defense, and
destroyed.
(14) On January 20, 2025, President Donald J. Trump issued
Executive Order 14148 which rescinded Executive Order 14074.
(15) On February 5, 2025, the Defense Logistics Agency
notified participating States of the rescission and terminated
requirements imposed by the Memorandum of Agreement addendums
established under Executive Order 14074.
(16) Suppressors were struck from the prohibited property
list and all restrictions and certifications placed on
noncommercial vehicles and long-range acoustic devices were
lifted.
(17) As a result, Federal, State, and local law enforcement
departments across the country are eligible again to acquire
free military-grade weapons and equipment that could be used
inappropriately during policing efforts in which people,
including taxpayers, could be harmed.
(18) The Department of Defense categorizes equipment
eligible for transfer under the 1033 program as either
controlled or un-controlled. Controlled equipment includes
weapons, explosives (such as flash-bang grenades), mine-
resistant ambush-protected vehicles, long-range acoustic
devices, aircraft capable of being modified to carry armaments
that are combat coded, and silencers, among other military
grade items.
SEC. 3. LIMITATION ON DEPARTMENT OF DEFENSE TRANSFER OF PERSONAL
PROPERTY TO LOCAL LAW ENFORCEMENT AGENCIES.
(a) In General.--Section 2576a of title 10, United States Code, is
amended--
(1) in subsection (a)--
(A) in paragraph (1)(A), by striking ``counterdrug,
counterterrorism, disaster-related emergency
preparedness, and border security activities'' and
inserting ``counterterrorism''; and
(B) in paragraph (2), by striking ``, the Director
of National Drug Control Policy,'';
(2) in subsection (b)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(7) the recipient submits to the Department of Defense a
description of how the recipient expects to use the property;
``(8) the recipient certifies to the Department of Defense
that if the recipient determines that the property is surplus
to the needs of the recipient, the recipient will return the
property to the Department of Defense;
``(9) with respect to a recipient that is not a Federal
agency, the recipient certifies to the Department of Defense
that the recipient notified the local community of the request
for personal property under this section by--
``(A) publishing a notice of such request on a
publicly accessible website;
``(B) posting such notice at several prominent
locations in the jurisdiction of the recipient; and
``(C) ensuring that such notices were available to
the local community for a period of not less than 30
days before the transfer occurs; and
``(10) the recipient has received the approval of the city
council or other local governing body to acquire the personal
property sought under this section.'';
(3) by striking subsections (d) and (e);
(4) by redesignating subsections (f) and (g) as subsections
(m) and (n), respectively; and
(5) by inserting after subsection (c) the following new
subsections:
``(d) Annual Certification Accounting for Transferred Property.--
(1) For each fiscal year, the Secretary shall submit to Congress
certification in writing that each Federal or State agency to which the
Secretary has transferred property under this section--
``(A) has provided to the Secretary documentation
accounting for all controlled property, including arms and
ammunition, that the Secretary has transferred to the agency,
including any item described in subsection (f) so transferred
before the date of the enactment of the Stop Militarizing Law
Enforcement Act; and
``(B) with respect to a non-Federal agency, carried out
each of paragraphs (5) through (8) of subsection (b).
``(2) If the Secretary cannot provide a certification under
paragraph (1) for a Federal or State agency, the Secretary may not
transfer additional property to that agency under this section.
``(e) Annual Report on Excess Property.--Before making any property
available for transfer under this section, the Secretary shall annually
submit to Congress a description of the property to be transferred
together with a certification that the transfer of the property would
not violate this section or any other provision of law.
``(f) Limitations on Transfers.--(1) Except as provided in
paragraph (3), the Secretary may not transfer to a Federal or State
agency under this section any of the following property:
``(A) Controlled firearms, ammunition, bayonets, grenade
launchers, grenades (including stun and flash-bang), and
explosives.
``(B) Controlled vehicles, highly mobile multi-wheeled
vehicles, mine-resistant ambush-protected vehicles, trucks,
dump trucks, truck utilities, and truck carryalls.
``(C) Drones that are armored, weaponized, or both.
``(D) Controlled aircraft 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) The Secretary may not require, as a condition of a transfer
under this section, that a Federal or State agency demonstrate the use
of any small arms or ammunition.
``(3) The Secretary may transfer to a law enforcement agency under
this section controlled firearms not capable of automatic fire or
controlled vehicles, trucks, dump trucks, truck utilities, and truck
carryalls only after the law enforcement agency submits to the
Secretary certification in writing that--
``(A) the property to be transferred is necessary for a
specific public safety, disaster response, or emergency
purpose;
``(B) the law enforcement agency has completed training
approved by the Secretary; and
``(C) the law enforcement agency will not use the
transferred property for routine patrol activities.
``(4) The limitations under this subsection shall apply to the
transfer of property from one Federal or State agency to another such
agency if the property was at any time Department of Defense property
transferred under this section.
``(5)(A) The Secretary may waive the applicability of paragraph (1)
to a vehicle described in subparagraph (B) of such paragraph (other
than a mine-resistant ambush-protected vehicle), if the Secretary
determines that such a waiver is necessary for disaster or rescue
purposes or for another purpose where life and public safety are at
risk, as demonstrated by the proposed recipient of the vehicle.
``(B) If the Secretary issues a waiver under subparagraph (A), the
Secretary shall--
``(i) submit to Congress notice of the waiver, and make the
notice publicly available on an appropriate website of the
Department, by not later than 30 days after the date on which
the waiver is issued; and
``(ii) require, as a condition of the waiver, that the
recipient of the vehicle for which the waiver is issued
provides public notice of the waiver and the transfer,
including the type of vehicle and the purpose for which it is
transferred, in the jurisdiction where the recipient is located
by not later than 30 days after the date on which the waiver is
issued.
``(6) The Secretary may provide for an exemption to the limitation
under subparagraph (D) of paragraph (1) in the case of parts for
aircraft described in such subparagraph that are transferred as part of
regular maintenance of aircraft in an existing fleet.
``(7) The Secretary shall require, as a condition of any transfer
of property under this section, that the Federal or State agency that
receives the property shall return the property to the Secretary within
30 days if the agency--
``(A) becomes the subject of an investigation by the
Department of Justice relating to a violation of civil
liberties in which property transferred under this section was
used, deployed, or otherwise involved; or
``(B) is determined, pursuant to any Federal or State
administrative, judicial, or independent oversight process, to
have engaged in a pattern or practice of widespread civil-
liberties abuses involving the use, deployment, or involvement
of property transferred under this section.
``(g) Conditions for Extension of Program.--Notwithstanding any
other provision of law, amounts authorized to be appropriated or
otherwise made available for any fiscal year may not be obligated or
expended to carry out this section unless--
``(1) the Secretary of Defense submits to Congress
certification that for the preceding fiscal year--
``(A) each Federal or State agency that received
controlled property transferred under this section--
``(i) demonstrated 100 percent
accountability for all such property in
accordance with paragraph (2) or (3), as
applicable; or
``(ii) was suspended from the program
pursuant to paragraph (4);
``(B) with respect to each non-Federal agency that
received controlled property under this section, the
State coordinator responsible for each such agency has
verified that the coordinator, or an agent of the
coordinator, conducted an in-person inventory of the
property transferred to the agency and that--
``(i) 100 percent of such property was
accounted for during the inventory; or
``(ii) the agency was suspended from the
program pursuant to paragraph (4);
``(C) with respect to each Federal agency that
received controlled property under this section, the
Secretary of Defense or the designee of the Secretary,
conducted an in-person inventory of the property
transferred to the agency and that--
``(i) 100 percent of such property was
accounted for during the inventory; or
``(ii) the agency was suspended from the
program pursuant to paragraph (4);
``(2) in the case of any agency that received controlled
property under this section during the preceding year for which
an inventory conducted as described in paragraph (1) did not
account for 100 percent of such property, the Secretary of
Defense--
``(A) suspends the eligibility of such agency to
receive property under this section; and
``(B) submits to Congress notice in writing of such
suspension;
``(3) each State coordinator has certified, for each non-
Federal agency located in the State for which the State
coordinator is responsible that--
``(A) the agency has complied with all requirements
under this section; or
``(B) the eligibility of the agency to receive
property transferred under this section has been
suspended; and
``(4) the Secretary of Defense has certified, for each
Federal agency that has received property under this section
that--
``(A) the agency has complied with all requirements
under this section; or
``(B) the eligibility of the agency to receive
property transferred under this section has been
suspended.
``(h) Prohibition on Ownership of Controlled Property.--A Federal
or State agency that receives controlled property under this section
may never take ownership of the property.
``(i) Notice to Congress of Property Downgrades.--Not later than 30
days before downgrading the classification of any item of personal
property from controlled or Federal Supply Class, the Secretary shall
submit to Congress notice of the proposed downgrade.
``(j) Notice to Congress of Property Cannibalization.--Before the
Defense Logistics Agency authorizes the recipient of property
transferred under this section to cannibalize the property, the
Secretary shall submit to Congress notice of such authorization,
including the name of the recipient requesting the authorization, the
purpose of the proposed cannibalization, and the type of property
proposed to be cannibalized.
``(k) Quarterly Reports on Use of Controlled Equipment.--Not later
than 30 days after the last day of each fiscal quarter, the Secretary
shall submit to Congress a report that identifies and describes any use
during that fiscal quarter of controlled property that was transferred
under this section.
``(l) Reports to Congress.--Not later than 30 days after the last
day of each fiscal year, the Secretary shall submit to Congress a
report that includes on the following information for the preceding
fiscal year:
``(1) The percentage of the property transferred under this
section that was lost by recipients during the fiscal year,
including specific information about the type of property lost,
the monetary value of such property, and the recipient that
lost the property.
``(2) An identification of any new (condition code A)
property that was transferred under this section during the
fiscal year, including specific information about the type of
property, the recipient of the property, the monetary value of
each item of the property, and the total monetary value of all
such property transferred during the fiscal year.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any transfer of property made after the date of
the enactment of this Act.
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