'1033 Program,' Department of Defense Support to Law Enforcement [August 28, 2014]   [open pdf - 234KB]

"The United States has traditionally kept military action and civil law enforcement apart, codifying that separation in the Posse Comitatus Act of 1878. On the other hand, Congress has occasionally authorized the Department of Defense (DOD) to undertake actions specifically intended to enhance the effectiveness of domestic law enforcement through direct or material support. One such effort is the so-called '1033 Program,' named for the section of the National Defense Authorization Act (NDAA) of 1997 that granted permanent authority to the Secretary of Defense to transfer defense material to federal and state agencies for use in law enforcement, particularly those associated with counter-drug and counter-terrorism activities. [...] The 1033 Program is administered by the Law Enforcement Support Office (LESO) of the Defense Logistics Agency (DLA). Under it, local and state law enforcement agencies may apply to DLA to participate. DLA requires the governor of the state to execute a Memorandum of Agreement (MOA) and appoint a state 1033 Program coordinator, who is responsible for ensuring that the program is properly administered within the state and that appropriate property records are maintained. Approved agencies may request material from DLA through their state coordinators. The LESO retains final approval authority over the types and quantities of material transferred from DOD excess stocks to the agencies. Any material requiring demilitarization before being released to the public must be returned to DLA when no longer needed by the receiving law enforcement agency. LESO states that 11,000 agencies nationwide are currently registered and that 8,000 of them use material provided through the 1033 Program."

Report Number:
CRS Report for Congress, R43701
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