H.R. 7766 — Stop Militarizing Law Enforcement Act

This section states congressional findings concerning the Law Enforcement Support Office (LESO) program (commonly known as the 1033 program), administered by the Defense Logistics Agency under 10 U.S.C. 2576a to transfer excess Department of Defense property—including controlled equipment such as weapons, silencers, mine-resistant ambush-protected vehicles, explosives, and long-range acoustic devices—to federal, tribal, state, and local law enforcement agencies. The findings note transfers valued at more than $6.8 billion overall (including $504 million in FY2017), past moratoriums and executive orders (e.g., EO 13688 in 2015 imposing restrictions later rescinded; EO 14074 in 2022 reinstating and expanding them, including suppressor recalls, until rescinded by EO 14148 in 2025), and Government Accountability Office reports on inadequate program controls.

This section revises the Department of Defense (DOD) authority under 10 U.S.C. 2576a to transfer excess personal property, including small arms and ammunition, to federal and state law enforcement agencies by (1) limiting authorized uses to counterterrorism activities only (from counterdrug, counterterrorism, disaster-related emergency preparedness, and border security activities); (2) eliminating required consultation with the Director of National Drug Control Policy; and (3) adding new transfer conditions, including recipient submission of a description of intended use, certification to return surplus property to DOD, for non-federal recipients 30 days' public notice of the request via website and prominent postings plus approval by the local governing body (e.g., city council). The section further (4) eliminates the prior preference for transfers used in counterdrug, counterterrorism, disaster-related emergency preparedness, or border security activities; (5) requires DOD to submit to Congress annual certifications that recipients account for all transferred controlled property (including pre-enactment items) and comply with specified conditions, prohibiting further transfers to non-compliant agencies; and (6) requires DOD to submit to Congress, before any transfers, an annual description of proposed property and a certification of legal compliance. Finally, this section prohibits transfers of specified controlled property—including controlled firearms, ammunition, bayonets, grenade launchers, grenades, explosives, mine-resistant ambush-protected vehicles and other listed trucks, armored/weaponized drones, certain aircraft, silencers, long-range acoustic devices, and items in the federal supply class of banned items—subject to limited exceptions (e.g., non-automatic firearms and certain vehicles upon certification of non-routine use, training, and public safety need) and narrow waiver authority for specified vehicles (with congressional notice and recipient public notice). (Thus, the changes substantially restrict the "1033 program," which transfers excess DOD equipment to support state and local law enforcement.)