,i #aacth ,,congress #b;d ,session ,h4 ,r4 #edgh ,,in ,,the ,,house ,,of ,,representatives ,september #af1 #bjad ,mr4 ,johnson of ,georgia 7for himself1 ,mr4 ,labrador1 ,mr4 ,amash1 ,mr4 ,mc,clintock1 ,mr4 ,moran1 and ,mr4 ,conyers7 introduced the following bill2 which was referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to direct the ,secretary of ,defense to make certain limitations on the transfer of personal property to ,federal and ,state agencies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,militarizing ,law ,enforcement ,act4 #b4 ,findings ,congress makes the following findings3 7#a7 ,under section #begf;a of title #aj1 ,united ,states ,code1 the ,department of ,defense is authorized to provide excess property to local law enforcement agencies4 ,the ,defense ,logistics ,agency1 administers such section by operating the ,law ,enforcement ,support ,office program4 7#b7 ,new and used material1 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 program4 7#c7 ,as a result local law enforcement agencies1 including police and sheriff's departments1 are acquiring this material for use in their normal operations4 7#d7 ,the wars in ,iraq and ,afghanistan have led to an increase in the transfer of military equipment to local law enforcement agencies4 7#e7 ,according to public reports1 approximately #ab1jjj police organizations across the country were able to procure nearly #ejj1jjj1jjj worth of excess military merchandise including firearms1 computers1 helicopters1 clothing1 and other products1 at no charge during fiscal year #bjaa alone4 7#f7 ,more than #d1jjj1jjj1jjj worth of weapons and equipment have been transferred to police organizations in all #ej states and four territories through the program4 7#g7 ,in ,may #bjab1 the ,defense ,logistics ,agency instituted a moratorium on weapons transfers through the program after reports of missing equipment and inappropriate weapons transfers4 7#h7 ,though the moratorium was widely publicized1 it was lifted in ,october #bjac without adequate safeguards4 7#i7 ,as a result1 ,federal1 ,state1 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 harmed4 7#aj7 ,pursuant to section ,,iii7,j7 of a ,defense ,logistics ,agency memorandum of understanding1 property obtained through the program must be placed into use within one year of receipt1 possibly providing an incentive for the unnecessary and potentially dangerous use of military grade equipment by local law enforcement4 #c4 ,limitation on ,department of ,defense transfer of personal property to local law enforcement agencies 7a7 ,in general ,section #begf;a of title #aj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,a71 by striking counter-drug and2 and 7,b7 in paragraph 7#b71 by striking and the ,director of ,national ,drug ,control ,policy2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#c71 by striking and at the end2 7,b7 in paragraph 7#d71 by striking the period and inserting a semicolon2 and 7,c7 by adding at the end the following new paragraphs3 7#e7 the recipient certifies to the ,department of ,defense that it has the personnel and technical capacity1 including training1 to operate the property2 7#f7 the recipient submits to the ,department of ,defense a description of how the recipient expects to use the property2 7#g7 the recipient certifies to the ,department of ,defense that if the recipient determines that the property is surplus to the needs of the recipient1 the recipient will return the property to the ,department of ,defense2 and 7#h7 with respect to a recipient that is not a ,federal agency1 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-- 7,a7 publishing a notice of such request on a publicly accessible ,internet website2 7,b7 posting such notice at several prominent locations in the jurisdiction of the recipient2 and 7,c7 ensuring that such notices were available to the local community for a period of not less than #cj days4 2 7#c7 by striking subsection 7d72 and 7#d7 by adding at the end the following new subsections3 7d7 ,annual certification accounting for transferred property 7#a7 ,for each fiscal year1 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-- 7,a7 has provided to the ,secretary documentation accounting for all personal property1 including arms and ammunition1 that the ,secretary has transferred to the agency1 including any item described in subsection 7f7 so transferred before the date of the enactment of the ,stop ,militarizing ,law ,enforcement ,act2 and 7,b7 with respect to a non-,federal agency1 carried out each of paragraphs 7#e7 through 7#h7 of subsection 7b74 7#b7 ,if the ,secretary cannot provide a certification under paragraph 7#a7 for a ,federal or ,state agency1 the ,secretary may not transfer additional property to that agency under this section4 7e7 ,annual report on excess property ,before making any property available for transfer under this section1 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 law4 7f7 ,limitations on transfers 7#a7 ,the ,secretary may not transfer the following personal property of the ,department of ,defense under this section3 7,a7 ,automatic weapons not generally recognized as particularly suitable for law enforcement purposes4 7,b7 ,any weapons that are 4#ej caliber or greater4 7,c7 ,tactical vehicles1 including highly mobile multi-wheeled vehicles1 armored vehicles1 and mine-resistant ambush-protected vehicles4 7,d7 ,drones that are armored1 weaponized1 or both4 7,e7 ,aircraft that-- 7i7 are combat configured or combat coded2 or 7ii7 have no established commercial flight application4 7,f7 ,grenades and similar explosives1 including flash-bang grenades and stun grenades1 and grenade launchers4 7,g7 ,silencers4 7,h7 ,long range acoustic devices4 7#b7 ,the ,secretary may not require1 as a condition of a transfer under this section1 that a ,federal or ,state agency demonstrate the use of any small arms or ammunition4 7#c7 ,the ,secretary shall take such steps as may be necessary to ensure that no item referred to in paragraph 7#a7 is transferred under this section from one ,federal or ,state agency to another such agency4 7g7 ,conditions for extension of program ,notwithstanding any other provision of law1 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-- 7#a7 each ,federal or ,state agency that has received property under this section has-- 7,a7 demonstrated #ajj percent accountability for all such property1 in accordance with paragraph 7#b7 or 7#c71 as applicable2 or 7,b7 been suspended from the program pursuant to paragraph 7#d72 7#b7 with respect to each non-,federal agency that has received property under this section1 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 #ajj percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph 7#d72 7#c7 with respect to each ,federal agency that has received property under this section1 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 #ajj percent of such property was accounted for during the inventory or that the agency has been suspended from the program pursuant to paragraph 7#d72 7#d7 the eligibility of any agency that has received property under this section for which #ajj percent of the equipment was not accounted for during an inventory described in paragraph 7#b7 or 7#c71 as applicable1 to receive property transferred under this section has been suspended2 7#e7 each ,state coordinator has certified1 for each non-,federal agency located in the ,state for which the ,state coordinator is responsible that-- 7,a7 the agency has complied with all requirements under this section2 or 7,b7 the eligibility of the agency to receive property transferred under this section has been suspended2 and 7#f7 the ,secretary of ,defense has certified1 for each ,federal agency that has received property under this section that-- 7,a7 the agency has complied with all requirements under this section2 or 7,b7 the eligibility of the agency to receive property transferred under this section has been suspended4 7h7 ,website ,the ,defense ,logistics ,agency shall maintain an ,internet website on which the following information shall be made publicly available3 7#a7 ,a description of each transfer made under this section1 including transfers made before and after the date of the enactment of the ,stop ,militarizing ,law ,enforcement ,act1 broken down by ,state1 county1 and recipient4 7#b7 ,during the #cj-;day period preceding the date on which any property is transferred under this section1 a description of the property to be transferred and the recipient of the transferred items4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall apply with respect to any transfer of property made after the date of the enactment of this ,act4