Selected Authorities to Obtain DOD Personal Property

Selected Authorities to Obtain DOD Personal Property

link to page 1 link to page 2

November 20, 2020
Selected Authorities to Obtain DOD Personal Property
Recent controversy in the United States over policing
Selected Authorities
methods has focused attention on transfers of military
There are several provisions of law that permit federal,
equipment to police forces nationwide. Under certain
state, and local agencies to obtain DOD property.
circumstances, eligible federal, state, and local agencies
may obtain Department of Defense (DOD) personal
10 U.S.C. §2576a (1033 Program)
property (e.g., equipment, clothing, vehicles, aircraft,
Under 10 U.S.C. §2576a, the Secretary of Defense has the
weapons, ammunition) for use in law enforcement,
authority to transfer excess DOD personal property to
counterdrug, counterterrorism, border security, and/or
federal and state LEAs for law enforcement activities,
humanitarian activities. This In Focus describes statutory
including counterdrug, counterterrorism, and border
authorities that give these agencies the ability to obtain,
security activities. Transfers are typically made without
either temporarily or permanently, DOD personal property.
charge to the recipient agency (except for potential delivery
costs), though sale is also permitted. Derived from Section
Background
1033 of the National Defense Authorization Act (NDAA)
Authorities that support the disposal of excess or surplus
for Fiscal Year (FY) 1997 (Section 1033 of P.L. 104-201;
military personal property (through reutilization, transfer,
codified as 10 U.S.C. §2576a), the associated DOD
donation, or selling) date to the end of World War II and
program is known as the 1033 Program. The Law
are considered part of DOD’s personal property disposal
Enforcement Support Office (LESO) of the Defense
process—a process that excludes real property (land,
Logistics Agency (DLA) administers the program. As of
buildings, and structures) and records. More recent laws
FY 2019, the 1033 Program had transferred over $7 billion
authorizing transfers of personal property to law
in personal property to eligible LEAs (see Table 1).
enforcement agencies (LEAs) were frequently tied to
counterdrug or counterterrorism efforts following the events
Table 1. 1033 Cumulative Value of Transferred
of 9/11. DOD also has the authority to temporarily lend
Property by Fiscal Year
equipment to LEAs—separate from property disposal.
Fiscal Year
Acquisition
Acquisition Value
Following the 2014 clashes between protesters and police in
Value of Material
of Material
Ferguson, MO, these authorities—in particular 10 U.S.C.
(FY)
(Cumulative)
§2576a (1033 Program)—gained widespread media
attention resulting in legislative and executive efforts to
2018
$276 mil ion
$7 bil ion
limit their use. After the May 25, 2020 death of George
2017
$504 mil ion
$6.8 bil ion
Floyd Jr. in Minneapolis, MN, these authorities again
received considerable interest from Congress, leading to
2016
$515 mil ion
$6.3 bil ion
several legislative proposals to limit their use. For more
2015
$417 mil ion
$5.8 bil ion
information on some of these legislative proposals, see CRS
Legal Sidebar LSB10486, Congress and Police Reform:
2014
$872 mil ion
$5.1 bil ion
Current Law and Recent Proposals, by Joanna R. Lampe.
2013
$286 mil ion
$4.2 bil ion
What is the Difference Between Excess
and Surplus DOD Property?
2012
$546 mil ion
$4.1 bil ion
According to 40 U.S.C. §102(3), excess property is defined
2011
$498 mil ion
$2.6 bil ion
as "property under the control of a federal agency that the
head of the agency determines is not required to meet the
Source: Created by CRS using data from the DOD Comptrol er.
agency's needs or responsibilities." Such property typically
(Defense-Wide Budget Justification documents for the DLA available
includes items that are obsolete, not repairable, or are
at https://comptrol er.defense.gov/Budget-Materials/).
usable, but determined to be excess to the agency’s needs.
Notes: The DLA Budget provides information on funding for the
Surplus property is excess property that General Services
program in addition to the value of transferred property since the
Administration (GSA) has determined to be no longer
program’s inception. The cumulative transferred value refers to the
needed by any federal agency (40 U.S.C. §102(10)).
accumulating amount transferred to state, federal, and tribal LEAs.
Information prior to FY2011 is unavailable.
For information on the federal personal property disposal
process, see CRS Report R45876, Federal Personal
Since calendar year 2010, the acquisition value of personal
Property Disposal: Procedures and Reforms, by Garrett
property items transferred out of DOD through the 1033
Hatch.
program to U.S. states and territories has varied yearly (see
Figure 1).
https://crsreports.congress.gov

Selected Authorities to Obtain DOD Personal Property
Figure 1. Acquisition Value of Property Transferred to
research facilities, to any federal, state, or local civilian law
States and Territories per FYs 2010–2020
enforcement official for law enforcement purposes. This
authority is derived from Section 905 of the FY1982 DOD
Authorization Act (P.L. 97-86). DoDI 3025.21 (enclosure
8) implements this statute, provided that the assistance does
not adversely affect military readiness.
10 U.S.C. §281 (1122 Program)
Section 1122 of the NDAA for FY1994 (P.L. 103-160,
codified at 10 U.S.C §281) provides the Secretary of
Defense with the authority to establish procedures for state
and local governments to purchase, through DOD channels,
law enforcement equipment for counterdrug, homeland
security, and emergency response activities.
Originally intended to support counterdrug activities,
Section 885 of the FY2009 NDAA (P.L. 110-417)
expanded the program to include homeland security and
emergency response operations.

Source: Created by CRS Graphics using data provided by DLA (see
The U.S. Army is the designated program manager for the
LESO Property Transferred to Participating Agencies at:
1122 program. It works with DLA and the GSA, the latter
https://www.dla.mil/DispositionServices/Offers/Reutilization/LawEnforcemen
of which produces and maintains a catalog of products
t/PublicInformation/).
available under this program. The 1122 program allows
Note: Data are from January 2010–March 2020. Acquisition value
states and local governments to purchase equipment “by
indicates the original value of items purchased by the military
taking advantage of the purchasing power of the federal
multiplied by the quantity of items obtained. No depreciative
government to receive discounts commensurate with large
adjustments are made for the condition or age of equipment.
volume purchases.”
10 U.S.C. §2576b (Firefighter Property Program)
10 U.S.C. §2576 (Surplus Military Equipment Sales)
Under 10 U.S.C. §2576b, the Secretary of Defense has the
Under 10 U.S.C. §2576, the Secretary of Defense is
authority to transfer excess DOD personal property to state
authorized to sell surplus military equipment to state and
firefighting agencies for fire and emergency medical
local law enforcement, firefighting, homeland security, and
services. Similar to the 1033 program, transfers can be
emergency management agencies at fair market value.
made without charge to the recipient agency (except for
Equipment that may be purchased under this authority
potential delivery costs), though sale is also allowed.
includes “pistols, revolvers, shotguns, rifles of a caliber not
exceeding .30, ammunition for such firearms, gas masks,
The so-called Firefighter Property Program (FFP) derives
personal protective equipment, and other appropriate
authority from Section 1706 of the FY2001 NDAA (P.L.
equipment.” Such equipment must be deemed suitable for
106-398). An interagency agreement between DLA and the
use by such agencies in carrying out law enforcement,
U.S. Forest Service (USFS), under the authority of the
firefighting, homeland security, and emergency
Economy Act, 31 U.S.C. §1535, authorizes USFS to
management activities. Before being sold, such equipment
manage firefighting property transferred under the FFP. In
must be certified as necessary and suitable for the operation
FY2018, FFP transferred more than $124 million in
of an agency by the designated state official and must not
property from DOD to state firefighting agencies.
exceed, in quantity, the amount requested and certified.
Such equipment may not be resold or otherwise transferred
10 U.S.C. §2557 (Humanitarian Program)
by the owning agency.
DOD may also transfer non-lethal excess supplies (e.g.,
medical supplies, clothing, and trucks) to foreign nations
First enacted in 1968 and limited to local law enforcement
under 10 U.S.C. §2557. This authority was first enacted for
and firefighting agencies (Section 403 of P.L. 90-500), this
FY1986 to support national security and pro-democracy
authority was expanded for FY2011 to include homeland
objectives in Afghanistan and Latin America (Section 1454
security and emergency management activities (Section
of P.L. 99-145). It was later expanded to include transfers
1072 of P.L. 111-383).
of excess property to veterans programs and for other
domestic emergency assistance needs.
Sofia Plagakis, Research Librarian
David A. Blum, Research Librarian
10 U.S.C §272 (Use of Military Equipment and
Christopher T. Mann, Analyst in Defense Policy and
Supplies)
Trade
Under 10 U.S.C §272, the Secretary of Defense has the
authority to “make available” any equipment (including
IF11689
associated supplies or spare parts) as well as base or

https://crsreports.congress.gov

Selected Authorities to Obtain DOD Personal Property

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF11689 · VERSION 1 · NEW