SEC. 3. LIMITATION ON DEPARTMENT OF DEFENSE TRANS-
FER 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-re-
lated emergency preparedness, and border secu-
rity activities’’ and inserting ‘‘counterter-
rorism’’; 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 pe-
riod 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 
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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 Depart-
ment 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 promi-
nent locations in the jurisdiction of the recipi-
ent; and 
‘‘(C) ensuring that such notices were avail-
able to the local community for a period of not 
less than 30 days; and 
‘‘(10) the recipient has received the approval of 
the city council or other local governing body to ac-
quire the personal property sought under this sec-
tion.’’; 
(3) by striking subsections (d) and (e); 
(4) by redesignating subsections (f) and (g) as 
subsections (o) and (p), respectively; and 
(5) by inserting after subsection (c) the fol-
lowing new subsections: 
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‘‘(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 documenta-
tion accounting for all controlled property, including 
arms and ammunition, that the Secretary has trans-
ferred to the agency, including any item described in 
subsection (f) so transferred before the date of the 
enactment of the Stop Militarizing Law Enforce-
ment Act; and 
‘‘(B) with respect to a non-Federal agency, car-
ried out each of paragraphs (5) through (8) of sub-
section (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.—Be-
fore 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. 
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‘‘(f) LIMITATIONS ON TRANSFERS.—(1) The Sec-
retary may not transfer to Federal, Tribal, State, or local 
law enforcement agencies the following under this section: 
‘‘(A) Controlled firearms, ammunition, bayo-
nets, grenade launchers, grenades (including stun 
and flash-bang), and explosives. 
‘‘(B) Controlled vehicles, highly mobile multi- 
wheeled vehicles, mine-resistant ambush-protected 
vehicles, trucks, truck dump, truck utility, and truck 
carryall. 
‘‘(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 ammuni-
tion. 
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‘‘(3) The limitations under this subsection shall also 
apply with respect to the transfer of previously transferred 
property of the Department of Defense from one Federal 
or State agency to another such agency. 
‘‘(4)(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 ve-
hicle. 
‘‘(B) If the Secretary issues a waiver under subpara-
graph (A), the Secretary shall— 
‘‘(i) submit to Congress notice of the waiver, 
and post such notice on a public Internet 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 pur-
pose 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. 
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‘‘(5) 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 subpara-
graph that are transferred as part of regular maintenance 
of aircraft in an existing fleet. 
‘‘(6) The Secretary shall require, as a condition of 
any transfer of property under this section, that the Fed-
eral or State agency that receives the property shall return 
the property to the Secretary if the agency— 
‘‘(A) is investigated by the Department of Jus-
tice for any violation of civil liberties; or 
‘‘(B) is otherwise found to have engaged in 
widespread abuses of civil liberties. 
‘‘(g) CONDITIONS FOR EXTENSION OF PROGRAM.— 
Notwithstanding any other provision of law, amounts au-
thorized 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 Con-
gress certification that for the preceding fiscal year that— 
‘‘(1) each Federal or State agency that has re-
ceived controlled property transferred under this sec-
tion has— 
‘‘(A) demonstrated 100 percent account-
ability for all such property, in accordance with 
paragraph (2) or (3), as applicable; or 
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trolled or Federal Supply Class, the Secretary shall submit 
to Congress notice of the proposed downgrade. 
‘‘(j) NOTICE TO CONGRESS OF PROPERTY CANNIBAL-
IZATION.—Before the Defense Logistics Agency author-
izes the recipient of property transferred under this sec-
tion 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 a fiscal quarter, the Secretary shall submit to Congress 
a report on any uses of controlled property transferred 
under this section during that fiscal quarter. 
‘‘(l) REPORTS TO CONGRESS.—Not later than 30 
days after the last day of a fiscal year, the Secretary shall 
submit to Congress a report on the following for the pre-
ceding fiscal year: 
‘‘(1) The percentage of equipment lost by re-
cipients of property transferred under this section, 
including specific information about the type of 
property lost, the monetary value of such property, 
and the recipient that lost the property. 
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‘‘(2) The transfer of any new (condition code 
A) property transferred under this section, 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. 
Æ 
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