helicopters, clothing, and other products, at no 
charge during fiscal year 2011 alone. 
(6) More than $4,000,000,000 worth of weap-
ons 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 equip-
ment and inappropriate weapons transfers. 
(8) Though the moratorium was widely pub-
licized, it was lifted in October 2013 without ade-
quate safeguards. 
(9) As a result, Federal, State, and local law 
enforcement departments across the country are eli-
gible again to acquire free ‘‘military-grade’’ weapons 
and equipment that could be used inappropriately 
during policing efforts in which citizens and tax-
payers 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 po-
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tentially dangerous use of ‘‘military grade’’ equip-
ment by local law enforcement. 
(11) The Department of Defense categorizes 
equipment eligible for transfer under the 1033 pro-
gram as ‘‘controlled’’ and ‘‘un-controlled’’ equip-
ment. ‘‘Controlled equipment’’ includes weapons, ex-
plosives such as flash-bang grenades, mine resistant 
ambush protected vehicles, long range acoustic de-
vices, aircraft capable of being modified to carry ar-
mament that are combat coded, and silencers, 
among other military grade items. 
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,’’ and inserting 
‘‘counterterrorism’’; and 
(B) in paragraph (2), by striking ‘‘, the 
Director of National Drug Control Policy,’’; 
(2) in subsection (b)— 
(A) in each of paragraphs (4) and (5), by 
striking ‘‘and’’ at the end; 
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(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 certifies to the Department of 
Defense that it has the personnel and technical ca-
pacity, including training, to operate the property; 
‘‘(8) the recipient submits to the Department of 
Defense a description of how the recipient expects to 
use the property; 
‘‘(9) 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 
‘‘(10) 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 
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‘‘(C) ensuring that such notices were avail-
able to the local community for a period of not 
less than 30 days.’’; 
(3) by striking subsection (d); 
(4) by redesignating subsections (e) and (f) as 
subsections (m) and (n), respectively; and 
(5) by inserting after subsection (c) the fol-
lowing 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 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 
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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. 
‘‘(f) LIMITATIONS ON TRANSFERS.—(1) The Sec-
retary may not transfer the following personal property 
of the Department of Defense under this section: 
‘‘(A) Controlled firearms, ammunition, 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. 
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