Stop Militarizing Law Enforcement Act - Amends the program under which the Secretary of Defense is authorized to transfer excess personal property of the Department of Defense (DOD) to federal and state agencies for law enforcement activities. Excludes counter-drug activities from the categories of law enforcement activities for which DOD property may be transferred under such program.
Requires recipients of DOD property to certify that they: (1) have personnel, technical capacity, and training to operate the property; and (2) will return to the DOD any property that is surplus to the recipient's needs. Requires recipients that are not federal agencies to certify that they have notified their local community of requests for DOD property with a notice on a publicly accessible Internet website and postings at prominent locations in the jurisdiction.
Requires the Secretary to submit annually to Congress a description of property to be transferred along with a certification that the transfers are not prohibited by law. Prohibits transfers of:
Prohibits transfers conditioned upon the agency demonstrating the use of any small arms or ammunitions.
Requires the Secretary to ensure that certain items are not transferred from one federal or state agency to another such agency.
Prohibits obligations or expenditures of appropriations to carry out the DOD's property transfer program unless specified conditions have been met, including requirements to verify: (1) that in-person inventories of transferred property have been conducted at each agency, and (2) that 100% of such property was accounted for during the inventories or that agencies unable to account for such property have been suspended from the program.
Requires the Defense Logistics Agency to maintain an Internet website that makes available publicly a description of: (1) each transfer broken down by state, county, and recipient; and (2) during the 30-day period preceding the date on which any property is transferred, the property to be transferred and the recipient.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5478 Introduced in House (IH)]
113th CONGRESS
2d Session
H. R. 5478
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
September 16, 2014
Mr. Johnson of Georgia (for himself, Mr. Labrador, Mr. Amash, Mr.
McClintock, Mr. Moran, and Mr. Conyers) 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.
(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 local law
enforcement agencies through the program.
(3) As a result local law enforcement agencies, including
police and sheriff's departments, are acquiring this material
for use in their normal operations.
(4) The wars in Iraq and Afghanistan have led to an
increase in the transfer of military equipment to local law
enforcement agencies.
(5) According to public reports, approximately 12,000
police organizations across the country were able to procure
nearly $500,000,000 worth of excess military merchandise
including firearms, computers, helicopters, clothing, and other
products, at no charge during fiscal year 2011 alone.
(6) More than $4,000,000,000 worth of weapons and equipment
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 weapons transfers 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) 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 citizens
and taxpayers could be harmed.
(10) Pursuant to section III(J) of a Defense Logistics
Agency memorandum of understanding, property obtained through
the program must be placed into use within one year of receipt,
possibly providing an incentive for the unnecessary and
potentially dangerous use of ``military grade'' equipment by
local law enforcement.
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 ``counter-drug
and''; and
(B) in paragraph (2), by striking ``and the
Director of National Drug Control Policy'';
(2) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in paragraph (4), by striking the period and
inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(5) the recipient certifies to the Department of Defense
that it has the personnel and technical capacity, including
training, to operate the property;
``(6) the recipient submits to the Department of Defense a
description of how the recipient expects to use the property;
``(7) 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; and
``(8) 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 Internet 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.'';
(3) by striking subsection (d); and
(4) by adding at the end 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 personal 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) The Secretary may not transfer
the following personal property of the Department of Defense under this
section:
``(A) Automatic weapons not generally recognized as
particularly suitable for law enforcement purposes.
``(B) Any weapons that are .50 caliber or greater.
``(C) Tactical vehicles, including highly mobile multi-
wheeled vehicles, armored vehicles, and mine-resistant ambush-
protected vehicles.
``(D) Drones that are armored, weaponized, or both.
``(E) Aircraft that--
``(i) are combat configured or combat coded; or
``(ii) have no established commercial flight
application.
``(F) Grenades and similar explosives, including flash-bang
grenades and stun grenades, and grenade launchers.
``(G) Silencers.
``(H) Long range acoustic devices.
``(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 shall take such steps as may be necessary to
ensure that no item referred to in paragraph (1) is transferred under
this section from one Federal or State agency to another such agency.
``(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 the Secretary submits to
Congress certification that for the preceding fiscal year that--
``(1) each Federal or State agency that has received
property under this section has--
``(A) demonstrated 100 percent accountability for
all such property, in accordance with paragraph (2) or
(3), as applicable; or
``(B) been suspended from the program pursuant to
paragraph (4);
``(2) with respect to each non-Federal agency that has
received property under this section, the State coordinator
responsible for each such agency has verified that the
coordinator or an agent of the coordinator has conducted an in-
person inventory of the property transferred to the agency and
that 100 percent of such property was accounted for during the
inventory or that the agency has been suspended from the
program pursuant to paragraph (4);
``(3) with respect to each Federal agency that has received
property under this section, the Secretary of Defense or an
agent of the Secretary has conducted an in-person inventory of
the property transferred to the agency and that 100 percent of
such property was accounted for during the inventory or that
the agency has been suspended from the program pursuant to
paragraph (4);
``(4) the eligibility of any agency that has received
property under this section for which 100 percent of the
equipment was not accounted for during an inventory described
in paragraph (2) or (3), as applicable, to receive property
transferred under this section has been suspended;
``(5) 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
``(6) 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) Website.--The Defense Logistics Agency shall maintain an
Internet website on which the following information shall be made
publicly available:
``(1) A description of each transfer made under this
section, including transfers made before and after the date of
the enactment of the Stop Militarizing Law Enforcement Act,
broken down by State, county, and recipient.
``(2) During the 30-day period preceding the date on which
any property is transferred under this section, a description
of the property to be transferred and the recipient of the
transferred items.''.
(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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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