Stop Militarizing Law Enforcement Act

Stop Militarizing Law Enforcement Act

Revises the Department of Defense's (DOD's) authority to transfer excess personal property to federal and state law enforcement agencies. Removes DOD's authority to transfer property for counter-drug activities.

Requires recipients of DOD property to certify that they: (1) have personnel, technical capacity, and training to operate the property; and (2) will return to DOD any property that is surplus to the recipient's needs. Requires recipients that are not federal agencies to certify that they have notified their local community of requests for DOD property with a notice on a publicly accessible Internet website and postings at prominent locations in the jurisdiction.

Requires DOD to submit annually to Congress a description of property to be transferred along with a certification that the transfers are not prohibited by law. Prohibits transfers of:

• controlled (i.e., military grade) firearms, ammunition, grenades, and explosives;
• controlled vehicles, certain trucks, and other highly mobile or mine-resistant ambush-protected vehicles;
• armored or weaponized drones;
• controlled aircraft that are combat configured or combat coded, or that have no established commercial flight application;
• silencers;
• long range acoustic devices; and
• items in the Federal Supply Class of banned items.

Prohibits transfers conditioned upon the agency demonstrating the use of any small arms or ammunitions.

Prohibits transfers of previously transferred DOD property from one federal or state agency to another such agency.

Allows DOD to waive transfer prohibitions for certain trucks and vehicles (other than mine-resistant ambush-protected vehicles) if necessary for disasters, rescues, or other purposes where life and public safety are at risk. Requires notice of such a waiver to be provided to Congress and the public.

Permits DOD to exempt aircraft parts transferred for regular maintenance of aircraft in an existing fleet.

Prohibits obligations or expenditures of appropriations to carry out DOD's property transfer program unless specified conditions have been met, including requirements to verify: (1) that in-person inventories of transferred property have been conducted at each agency, and (2) that 100% of such property was accounted for during the inventories or that agencies unable to account for such property have been suspended from the program.

Prohibits federal or state agencies that receive controlled equipment from taking ownership of the property.

Requires the Defense Logistics Agency to maintain an Internet website to make available to the public: (1) information on each transfer, broken down by state, county, and recipient; (2) during the 30-day period preceding the date on which any property is transferred, information on the property to be transferred and the recipient; and (3) information on any use of controlled equipment by the transfer recipient.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov