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The "1033 Program," Department of Defense Support to Law Enforcement

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Congressional rept.

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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 1997 act was preceded by 1988 legislation that expanded DOD s role in the interdiction of illicit drug trafficking. That was soon followed by temporary authority to transfer excess defense material, including small arms and ammunition, from excess DOD stocks to law enforcement agencies for use in counter-drug activities. This could be done at no cost to the receiving agency. The 1997 NDAA expanded that authority to include counter-terrorism activities and made it permanent. It is codified as 10 U.S.C. 2576a. 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.

Subject Categories:

  • Government and Political Science
  • Sociology and Law

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