I 
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 Sec-
retary of Defense to make certain limitations on the 
transfer of personal property to Federal and State agen-
cies, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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: 
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(1) Under section 2576a of title 10, United 
States Code, the Department of Defense is author-
ized to provide excess property to local law enforce-
ment agencies. The Defense Logistics Agency, ad-
ministers such section by operating the Law En-
forcement Support Office program. 
(2) New and used material, including mine-re-
sistant ambush-protected vehicles and weapons de-
termined by the Department of Defense to be ‘‘mili-
tary 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 ac-
quiring this material for use in their normal oper-
ations. 
(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. 
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(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-
tentially dangerous use of ‘‘military grade’’ equip-
ment by local law enforcement. 
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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 
‘‘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 pe-
riod 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 ca-
pacity, 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 
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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 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.’’; 
(3) by striking subsection (d); and 
(4) by adding at the end the following new sub-
sections: 
‘‘(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 personal property, including 
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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. 
‘‘(f) LIMITATIONS ON TRANSFERS.—(1) The Sec-
retary may not transfer the following personal property 
of the Department of Defense under this section: 
‘‘(A) Automatic weapons not generally recog-
nized as particularly suitable for law enforcement 
purposes. 
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‘‘(B) Any weapons that are .50 caliber or great-
er. 
‘‘(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 ammuni-
tion. 
‘‘(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. 
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‘‘(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 property under this section has— 
‘‘(A) demonstrated 100 percent account-
ability 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 Sec-
retary of Defense or an agent of the Secretary has 
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conducted an in-person inventory of the property 
transferred to the agency and that 100 percent of 
such property was accounted for during the inven-
tory or that the agency has been suspended from the 
program pursuant to paragraph (4); 
‘‘(4) the eligibility of any agency that has re-
ceived property under this section for which 100 per-
cent 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 re-
quirements 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 re-
quirements under this section; or 
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‘‘(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 infor-
mation 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 Milita-
rizing 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 trans-
ferred 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. 
Æ 
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