,i #aafth ,,congress #ast ,session ,h4 ,r4 #agad ,,in ,,the ,,house ,,of ,,representatives ,march #ac1 #bjai,mr4 ,johnson of ,georgia 7for himself1 ,mr4 ,espaillat1 ,mr4 ,green of ,texas1 ,mr4 ,lawson of ,florida1 ,mr4 ,lowenthal1 ,mr4 ,hastings1 ,ms4 ,ocasio-,cortez1 ,ms4 ,adams1 ,mr4 ,levin of ,michigan1 ,ms4 ,eshoo1 ,ms4 ,pressley1 ,ms4 ,lee of ,california1 ,mr4 ,thompson of ,mississippi1 ,ms4 ,mc,collum1 ,mr4 ,rush1 ,mr4 ,scott of ,virginia1 ,mrs4 ,watson ,coleman1 ,mrs4 ,lawrence1 ,mr4 ,garca of ,illinois1 ,mr4 ,danny ,k4 ,davis of ,illinois1 ,mr4 ,cicilline1 ,mr4 ,david ,scott of ,georgia1 ,ms4 ,haaland1 ,ms4 ,de,gette1 ,mr4 ,beyer1 ,mr4 ,payne1 ,mr4 ,evans1 ,mr4 ,blumenauer1 ,ms4 ,johnson of ,texas1 ,ms4 ,norton1 ,mr4 ,cleaver1 ,ms4 ,wilson of ,florida1 ,ms4 ,moore1 ,ms4 ,omar1 ,ms4 ,speier1 ,mr4 ,raskin1 ,ms4 ,schakowsky1 ,mr4 ,nadler1 ,mr4 ,mc,govern1 ,mr4 ,gomez1 ,mr4 ,lewis1 ,mr4 ,serrano1 ,mrs4 ,beatty1 ,mr4 ,amash1 ,ms4 ,bass1 ,ms4 ,clark of ,massachusetts1 ,mr4 ,clay1 ,ms4 ,roybal-,allard1 ,mr4 ,veasey1 ,ms4 ,fudge1 ,ms4 ,kaptur1 ,mr4 ,de,saulnier1 ,mr4 ,pocan1 ,mr4 ,takano1 ,ms4 ,waters1 ,ms4 ,barragn1 ,ms4 ,velzquez1 ,mr4 ,tonko1 ,mr4 ,de,fazio1 ,ms4 ,jayapal1 ,ms4 ,tlaib1 ,mr4 ,grijalva1 ,mr4 ,khanna1 ,mr4 ,cohen1 ,mr4 ,mc,clintock1 ,ms4 ,clarke of ,new ,york1 and ,ms4 ,lofgren7 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 ,federal1 ,tribal1 ,state1 and 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 ,as a result of the wars in ,iraq and ,afghanistan1 military equipment purchased for1 and used in1 those wars has become excess property and has been made available for transfer to local and ,federal law enforcement agencies4 7#e7 ,in ,fiscal ,year #bjag1 #ejd1jjj1jjj worth of property was transferred to law enforcement agencies4 7#f7 ,more than #f1hjj1jjj1jjj 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 ,on ,january #af1 #bjae1 ,president ,barack ,obama issued ,executive ,order #acfhh to better coordinate and regulate the federal transfer of military weapons and equipment to ,state1 local1 and ,tribal law enforcement agencies4 7#aj7 ,in ,july1 #bjag1 the ,government ,accountability ,office reported that the program's internal controls were inadequate to prevent fraudulent applicants' access to the program4 7#aa7 ,on ,august1 #bh1 #bjag1 ,president ,donald ,trump rescinded ,executive ,order #acfhh despite a ,july #bjag ,government ,accountability ,office report finding deficiencies with the administration of the #ajcc program4 7#ab7 ,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 people and taxpayers could be harmed4 7#ac7 ,the ,department of ,defense categorizes equipment eligible for transfer under the #ajcc program as controlled and un-controlled equipment4 ,controlled equipment includes weapons1 explosives such as flash-bang grenades1 mine-resistant ambush-protected vehicles1 long-range acoustic devices1 aircraft capable of being modified to carry armament that are combat coded1 and silencers1 among other military grade items4 #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 counterdrug1 counterterrorism1 and border security activities and inserting counterterrorism2 and 7,b7 in paragraph 7#b71 by striking 1 the ,director of ,national ,drug ,control ,policy12 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#e71 by striking and at the end2 7,b7 in paragraph 7#f71 by striking the period and inserting a semicolon2 and 7,c7 by adding at the end the following new paragraphs3 7#g7 the recipient submits to the ,department of ,defense a description of how the recipient expects to use the property2 7#h7 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 7#i7 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 days2 and 7#aj7 the recipient has received the approval of the city council or other local governing body to acquire the personal property sought under this section4 2 7#c7 by striking subsection 7d72 7#d7 by redesignating subsections 7e7 and 7f7 as subsections 7o7 and 7p71 respectively2 and 7#e7 by inserting after subsection 7c7 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 controlled 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 to ,federal1 ,tribal1 ,state1 or local law enforcement agencies the following under this section3 7,a7 ,controlled firearms1 ammunition1 bayonets1 grenade launchers1 grenades 7including stun and flash-bang7 and explosives4 7,b7 ,controlled vehicles1 highly mobile multi-wheeled vehicles1 mine-resistant ambush-protected vehicles1 trucks1 truck dump1 truck utility1 and truck carryall4 7,c7 ,drones that are armored1 weaponized1 or both4 7,d7 ,controlled aircraft that-- 7i7 are combat configured or combat coded2 or 7ii7 have no established commercial flight application4 7,e7 ,silencers4 7,f7 ,long-range acoustic devices4 7,g7 ,items in the ,federal ,supply ,class of banned items4 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 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 agency4 7#d7 7,a7 ,the ,secretary may waive the applicability of paragraph 7#a7 to a vehicle described in subparagraph 7,b7 of such paragraph 7other than a mine-resistant ambush-protected vehicle71 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 risk1 as demonstrated by the proposed recipient of the vehicle4 7,b7 ,if the ,secretary issues a waiver under subparagraph 7,a71 the ,secretary shall-- 7i7 submit to ,congress notice of the waiver1 and post such notice on a public ,internet website of the ,department1 by not later than #cj days after the date on which the waiver is issued2 and 7ii7 require1 as a condition of the waiver1 that the recipient of the vehicle for which the waiver is issued provides public notice of the waiver and the transfer1 including the type of vehicle and the purpose for which it is transferred1 in the jurisdiction where the recipient is located by not later than #cj days after the date on which the waiver is issued4 7#e7 ,the ,secretary may provide for an exemption to the limitation under subparagraph 7,d7 of paragraph 7#a7 in the case of parts for aircraft described in such subparagraph that are transferred as part of regular maintenance of aircraft in an existing fleet4 7#f7 ,the ,secretary shall require1 as a condition of any transfer of property under this section1 that the ,federal or ,state agency that receives the property shall return the property to the ,secretary if the agency-- 7,a7 is investigated by the ,department of ,justice for any violation of civil liberties2 or 7,b7 is otherwise found to have engaged in widespread abuses of civil liberties4 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 controlled property transferred 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 controlled 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 controlled 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 controlled property under this section for which #ajj percent of the property was not accounted for during an inventory described in paragraph 7#a7 or 7#b71 as applicable1 to receive any property transferred under this section has been suspended2 and 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 ,prohibition on ownership of controlled property ,a ,federal or ,state agency that receives controlled property under this section may never take ownership of the property4 7i7 ,notice to ,congress of property downgrades ,not later than #cj days before downgrading the classification of any item of personal property from controlled or ,federal ,supply ,class1 the ,secretary shall submit to ,congress notice of the proposed downgrade4 7j7 ,notice to ,congress of property cannibalization ,before the ,defense ,logistics ,agency authorizes the recipient of property transferred under this section to cannibalize the property1 the ,secretary shall submit to ,congress notice of such authorization1 including the name of the recipient requesting the authorization1 the purpose of the proposed cannibalization1 and the type of property proposed to be cannibalized4 7k7 ,quarterly reports on use of controlled equipment ,not later than #cj days after the last day of a fiscal quarter1 the ,secretary shall submit to ,congress a report on any uses of controlled property transferred under this section during that fiscal quarter4 7l7 ,reports to ,congress ,not later than #cj days after the last day of a fiscal year1 the ,secretary shall submit to ,congress a report on the following for the preceding fiscal year3 7#a7 ,the percentage of equipment lost by recipients of property transferred under this section1 including specific information about the type of property lost1 the monetary value of such property1 and the recipient that lost the property4 7#b7 ,the transfer of any new 7condition code ,a7 property transferred under this section1 including specific information about the type of property1 the recipient of the property1 the monetary value of each item of the property1 and the total monetary value of all such property transferred during the fiscal year4 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