Stop Militarizing Law Enforcement Act
- Bill Number
- H.R. 7766
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2026-03-03: Referred to the House Committee on Armed Services.
- Last Updated
- 2026-06-03T08:06:32Z
AI-Generated Summary
Purpose
The "Stop Militarizing Law Enforcement Act" (H.R. 7766) aims to restrict the Department of Defense (DoD) from transferring excess military-grade personal property—known as the "1033 program"—to federal, state, tribal, and local law enforcement agencies. It seeks to prevent the militarization of policing by limiting transfers, imposing strict accountability, and prioritizing counterterrorism uses only.
Key Provisions
- Narrowed Eligible Uses: Transfers limited to counterterrorism activities (removes prior allowances for counterdrug, disaster preparedness, and border security).
- Recipient Requirements:
- Submit planned use, certify return of surplus items, provide 30-day public notice (website, postings), and obtain local governing body (e.g., city council) approval.
- Transfer Bans (with limited exceptions):
- Prohibits controlled firearms, ammunition, bayonets, grenade launchers, grenades (including stun/flash-bang), explosives, mine-resistant ambush-protected vehicles (MRAPs), armored/weaponized drones, certain aircraft, silencers, long-range acoustic devices (LRADs), and other banned Federal Supply Class items.
- Allows some non-automatic firearms and certain trucks/vehicles only with certification of specific public safety/emergency need, training, and no routine patrol use.
- Waivers possible for non-MRAP vehicles in disasters/rescue (with congressional notice and public disclosure).
- Recipients never own controlled property; must return if involved in civil liberties investigations or patterns of abuse.
- Accountability and Oversight:
- Annual congressional certifications on 100% inventory/accounting; suspensions for non-compliance.
- Program funding blocked without prior-year compliance certifications and in-person inventories.
- Annual pre-transfer reports on property; quarterly use reports; annual loss/new property reports.
- 30-day congressional notice for downgrading item classifications or authorizing "cannibalization" (disassembling for parts).
- Applies to post-enactment transfers and inter-agency transfers of prior DoD property.
Significant Changes to Existing Law
- Amends 10 U.S.C. § 2576a by eliminating broader purposes (e.g., counterdrug), adding bans on most "controlled" military-grade items (previously allowed with varying executive restrictions), and requiring local approval/community notice (not previously mandated).
- Introduces mandatory returns for civil liberties violations, no-ownership rule for controlled items, and extensive reporting/inventory requirements (expanding beyond prior GAO-identified weaknesses).
- Overrides recent executive actions (e.g., 2025 rescission of restrictions) by codifying limits statutorily.
Potential Impacts
- Government Agencies: DoD faces heavy reporting burden and transfer restrictions; non-compliant law enforcement agencies lose eligibility, potentially disrupting equipment access for emergencies.
- Citizens/Communities: Increases local input via notices/approvals; reduces risk of military gear in routine policing, potentially lowering escalation in encounters.
- Law Enforcement: Limits free access to gear like MRAPs/grenades (valued at billions historically), possibly raising costs or affecting counterterrorism/disaster response capabilities.
- No direct international relations impact.
Main Stakeholders
- Department of Defense/Defense Logistics Agency: Administers program; must enforce limits and reporting.
- Federal, State, Tribal, Local Law Enforcement: Recipients; face new barriers, certifications, and potential suspensions.
- Congress: Gains oversight via certifications/reports.
- Local Communities/City Councils: Newly empowered to approve/block requests.
- Civil Liberties Advocates: Benefit from abuse-related return provisions.
Notable Legal, Constitutional, or Political Implications
- Legal: Shifts authority from executive discretion (e.g., executive orders) to statutory mandates, making restrictions harder to reverse; enforces accountability to address past GAO findings on fraud/losses.
- Constitutional: Supports civil liberties by mandating returns amid investigations/abuses, aligning with oversight of federal spending (no funding without compliance).
- Political: Codifies Democratic-backed restrictions amid partisan EO cycles; may spark debates on police militarization vs. public safety needs, with bipartisan sponsors but likely opposition from law enforcement supporters.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Johnson, Henry C. "Hank" [D-GA-4]
Cosponsors (22)
Rep. Carson, André [D-IN-7], Rep. Davis, Danny K. [D-IL-7], Rep. DeGette, Diana [D-CO-1], Rep. Doggett, Lloyd [D-TX-37], Rep. Evans, Dwight [D-PA-3], Rep. Frost, Maxwell [D-FL-10], Rep. Garcia, Sylvia R. [D-TX-29], Rep. Kelly, Robin L. [D-IL-2], Rep. Khanna, Ro [D-CA-17], Rep. Lee, Summer L. [D-PA-12], Rep. McIver, LaMonica [D-NJ-10], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Schakowsky, Janice D. [D-IL-9], Rep. Scott, David [D-GA-13], Rep. Scott, Robert C. "Bobby" [D-VA-3], Rep. Simon, Lateefah [D-CA-12], Rep. Thanedar, Shri [D-MI-13], Rep. Tlaib, Rashida [D-MI-12], Rep. Wilson, Frederica S. [D-FL-24], Rep. Elfreth, Sarah [D-MD-3], Rep. Omar, Ilhan [D-MN-5], Rep. Moulton, Seth [D-MA-6]
Recent Actions
- 2026-03-03: Referred to the House Committee on Armed Services.
- 2026-03-03: Introduced in House
- 2026-03-03: Introduced in House
Bill Versions
- Stop Militarizing Law Enforcement Act — issued 2026-03-03 — PDF (17 pages)