May 20, 2020 - Many government and health care agencies continue receiving medical supplies needed to support the COVID-19 response from a Defense Department team that manages the military’s excess equipment. May 4, 2020 - Police and fire organizations around the country are using their access to surplus military equipment to augment healthcare response in their local jurisdictions. Department of Justice coordination: DLA’s LESO coordinates with the Department of Justice to identify law enforcement agencies that are under DoJ investigation or under a consent decree. These include the U.S. Department of Homeland Security Homeland Security Grant Program, the U.S. Department of Justice’s Justice Assistant Grant Program, the DOJ Equitable Sharing Program, the U.S. Department of the Treasury Forfeiture Fund’s Equitable Sharing Program and the General Services Administration Federal Surplus Personal Property Donation Program. Massachusetts police agency obtained grenade launchers through federal 1033 program. Throughout its history, numerous questions have been asked: where did the program originate, what is the purpose, who is eligible to participate and how does it work? Congress later passed the NDAA for fiscal year 1997, which allows law enforcement agencies to acquire property for bona fide law enforcement purposes – particularly those associated with counter-drug and counter-terrorism activities. The type of property turned in ranges from military-specific equipment and vehicles to generic office furniture, computers, medical items and shop equipment. Law enforcement agencies do not pay for the property but must pay for shipping the items as well as potential storage costs. Who decides what equipment a Law Enforcement Agency can have? Members of Congress periodically introduce/pass legislation affecting the LESO/1033 Program. The prohibited equipment list went into effect as soon as the president received the recommendations. On January 16, 2015, President Obama issued Executive Order 13688, "Federal Support for Local Law Enforcement Equipment Acquisition" and established the Law Enforcement Equipment Working Group. The executive order applied to all federal government programs providing property to law enforcement, including the Departments of Homeland Security, Justice, Treasury and the General Services Administration, which provide support to law enforcement agencies through grants and property transfers. Every law enforcement agency is now vetted through the National Crime Information Center database, ensuring the Originating Agency Identifier number is associated to the agency requesting enrollment into the program. DLA has the Department of Defense mission of disposing of obsolete/unneeded excess property turned in by U.S. military units around the world. Many of the items available in the excess property inventory were procured decades ago, so the current value, with depreciation, would be difficult (and not cost-effective) to determine. What excess military items are not available through the LESO/1033 Program? These measures remain in place for the LESO/1033 Program. Required the federal agency at the headquarters level sign a Memorandum of Understanding with LESO. The prohibited equipment list went into effect as soon as the president received the recommendations. The original acquisition value is the only cost component available in current data systems. The spreadsheet serves as a quarterly snapshot of all LESO/1033 Program equipment currently under the control of a law enforcement agency. The press has reported that President Obama restricted the LESO/1033 Program and President Trump rescinded those restrictions. June 10, 2020 - Since its inception over 20 years ago, the Law Enforcement Support Office, more commonly referred to as the 1033 program, has provided various kinds of excess Department of Defense property to law enforcement agencies across the country. The Milwaukee Police Department has upgraded using the 1033 program to an advanced spying system known as “Stingray”. Once in the program, a law enforcement agency is able to review online the available excess DoD inventory that is suitable for law enforcement and make requests for property through the state coordinator. In 2019 for example, 92 percent of property issued was non-controlled. DLA has determined that 133 federal stock classes of supply are prohibited for transfer to law enforcement agencies because of their tactical military characteristics. All excess DoD property is shipped "as is," and the law enforcement agency is responsible for all costs associated with acquisition, maintenance and costs to return the property when it is no longer needed. Muckrock, Wisconsin Police received 160 fully automatic M-16 rifles. They have adopted publicly available protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use, including auditing and accountability policies. Aug. 28, 2020 - The Defense Logistics Agency Disposition Services’ Law Enforcement Support Office conducted its annual training conference in August, and as with everything this year, it was a little different. DLA’s LESO moved aggressively to address the shortfalls: As stated in the response to the GAO report, DLA had already implemented recommendations listed in the report, and has adjusted policy, adding training and internal controls to ensure the federal program vulnerabilities were eliminated. Some examples of the equipment transferred include: 5.56 mm rifles, sleeping bags, 12-gauge shotgun, trucks, .45-caliber pistol, reconnaissance camera system, fixed-wing plane and a coffee maker. The Governor-appointed state coordinators approve and certify law enforcement agencies in their state and work with agencies regarding program participation, to include the State Plan of Operation mentioned above. A law enforcement agency is defined as a government agency whose primary function is the enforcement of applicable federal, state and local laws and whose compensated law enforcement officers have the powers of arrest and apprehension. An ORI number is distributed via the FBI Criminal Justice Information Services. The Law Enforcement Support Office, located at DLA Disposition Services Headquarters in Battle Creek, Michigan, is responsible for the management of the LESO/1033 Program and continues to make improvements for efficiency, cost effectiveness, transparency and inventory control. DLA’s LESO sent a representative to the headquarters of participating federal agencies to present the MOU and coordinate directly with agency representatives. Is that true? Program Compliance: As outlined in the Memorandum of Agreement with state coordinators, DLA uses three primary ways to maintain and ensure compliance with all program requirements and property accountability: Suspensions due to non-compliance: If a state coordinator or law enforcement agency fails to comply with any terms of the MOA, federal statute, regulation or SPO, the state and/or law enforcement agency may be place on restricted or suspended status or may be terminated from the program. While there had been significant controls and oversight in place for the state and local law enforcement agency participants, the GAO team revealed a risk with the federal application process. List of Frequently Asked Questions relating to the 1033 Program: Where did the LESO/1033 Program come from and what is DLA’s role? What controls or oversight does the program have in place? How does a local police department or Sheriff’s department participate in the program? 1033 Program come from and what is DLA’s role? Also, aircraft and vehicles available in the program are “demilitarized,” meaning that any specific military technology (e.g. In the media, I see military uniforms and equipment being used by civilian police forces. It is no longer subject to the annual inventory requirements and is removed from the LESO database. Using the initial acquisition value, the total amount transferred since the program’s inception in 1990 is $7.4 billion. Equipment on the prohibited list included tracked armored vehicles; weaponized aircraft, vessels and vehicles; .50-caliber firearms and ammunition; bayonets; camouflage uniforms and grenade launchers. President Trump’s Revocation of Executive Order 1368, On August 28, 2017, the White House issued a “Presidential Executive Order on Restoring State, Tribal, and Local Law Enforcement’s Access to Life-Saving Equipment and Resources.” It revoked Executive Order 13688 and directed all executive departments and agencies “to cease implementing those recommendations and, if necessary, to take prompt action to rescind any rules, regulations, guidelines, or policies implementing them.”. With the revocation of Executive Order 13688, excess tracked armored vehicles and bayonets are no longer prohibited for transfer from LESO/1033 program to law enforcement agencies. LESO recalled these items and all were returned by April 1, 2016. After one year, general property becomes the property of the law enforcement agency. For clarity, bayonets are utility knives which law enforcement officers keep in their vehicles for use during emergency situations, such as cutting away a seatbelt to free a trapped passenger. For a state to participate, the governor must appoint in writing a state coordinator, who is responsible for ensuring proper oversight of participating law enforcement agencies from that state.