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inadequate to prevent access by fraudulent applicants to the program.(11)On August 28, 2017, President Donald Trump rescinded Executive Order 13688 despite a July 2017 Government Accountability Office report finding deficiencies with the administration of the 1033 program.(12)On May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.

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.