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1 1 (November 20, 2020)

handle is hein.crs/govdcsl0001 and id is 1 raw text is: * ~ ~ tiE>sct~rch $3c ~ .................... >30 ~1$ d ~ .Th~c.),Mk~ November 20, 2020 Selected Authorities to Obtain DOD Personal Property Recent controversy in the United States over policing methods has focused attention on transfers of military equipment to police forces nationwide. Under certain circumstances, eligible federal, state, and local agencies may obtain Department of Defense (DOD) personal property (e.g., equipment, clothing, vehicles, aircraft, weapons, ammunition) for use in law enforcement, counterdrug, counterterrorism, border security, and/or humanitarian activities. This In Focus describes statutory authorities that give these agencies the ability to obtain, either temporarily or permanently, DOD personal property. Baci~grou n d Authorities that support the disposal of excess or surplus military personal property (through reutilization, transfer, donation, or selling) date to the end of World War II and are considered part of DOD's personal property disposal process -a process that excludes real property (land, buildings, and structures) and records. More recent laws authorizing transfers of personal property to law enforcement agencies (LEAs) were frequently tied to counterdrug or counterterrorism efforts following the events of 9/11. DOD also has the authority to temporarily lend equipment to LEAs separate from property disposal. Following the 2014 clashes between protesters and police in Ferguson, MO, these authorities in particular 10 U.S.C. §2576a (1033 Program) gained widespread media attention resulting in legislative and executive efforts to limit their use. After the May 25, 2020 death of George Floyd Jr. in Minneapolis, MN, these authorities again received considerable interest from Congress, leading to several legislative proposals to limit their use. For more information on some of these legislative proposals, see CRS Legal Sidebar LSB10486, Congress and Police Reform: Current Law and Recent Proposals, by Joanna R. Lampe. and~ SurpLs D DPoet? According to 40 U.S.C. §102(3), excess property is defined as property under the control of a federal agency that the head of the agency determines is not required to meet the agency's needs or responsibilities. Such property typically includes items that are obsolete, not repairable, or are usable, but determined to be excess to the agency's needs. Surplus property is excess property that General Services Administration (GSA) has determined to be no longer needed by any federal agency (40 U.S.C. §102(10)). For information on the federal personal property disposal process, see CRS Report R45876, Federal Personal Property Disposal: Procedures and Reforms, by Garrett Hatch. There are several provisions of law that permit federal, state, and local agencies to obtain DOD property. Under 10 U.S.C. §2576a, the Secretary of Defense has the authority to transfer excess DOD personal property to federal and state LEAs for law enforcement activities, including counterdrug, counterterrorism, and border security activities. Transfers are typically made without charge to the recipient agency (except for potential delivery costs), though sale is also permitted. Derived from Section 1033 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 1997 (Section 1033 of P.L. 104-201; codified as 10 U.S.C. §2576a), the associated DOD program is known as the 1033 Program. The Law Enforcement Support Office (LESO) of the Defense Logistics Agency (DLA) administers the program. As of FY 2019, the 1033 Program had transferred over $7 billion in personal property to eligible LEAs (see Table 1). Table I. 1033 Cumulative Value of Property by Fiscal Year Transferred Fiscal Year Acquisition Acquisition Value Value of Material of Material (FY) (Cumulative) 2018 2017 2016 2015 2014 2013 2012 2011 $276 million $504 million $515 million $417 million $872 million $286 million $546 million $498 million $7 billion $6.8 billion $6.3 billion $5.8 billion $5.1 billion $4.2 billion $4.1 billion $2.6 billion Source: Created by CRS using data from the DOD Comptroller. (Defense-Wide Budget Justification documents for the DLA available at https://comptroller.defense.gov/Budget-Materials). Notes: The DLA Budget provides information on funding for the program in addition to the value of transferred property since the program's inception. The cumulative transferred value refers to the accumulating amount transferred to state, federal, and tribal LEAs. Information prior to FY20 I I is unavailable. Since calendar year 2010, the acquisition value of personal property items transferred out of DOD through the 1033 program to U.S. states and territories has varied yearly (see Figure 1). Mips:------------------.-, g-v \n\\\\\\\\\\\\\\\ \\ \\\ \\\\ \ L \N \ I \N,\ \\ \ \ Q\\ \\\ \\\

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