by Michelle McCaskill
After reading the editorial “Police should send military-grade equipment back to the battlefield,” I wanted to point out that while I understand the humanitarian intention of the editorial, such an initiative is not possible because of LESO/1033 program policies and Congressional authorization as detailed in the National Defense Authorization Act.
For background, the program was originally authorized by Congress through Section 1208 of the NDAA for 1990-91 to authorize the transfer of excess Department of Defense personal property to federal and state agencies for use in counter-drug activities. In addition, the NDAA for 1997, Section 1033, authorized the transfer of excess DoD personal property to federal and state agencies in the execution of law enforcement activities to include counter-drug and counter-terrorism missions. Currently, the authority for this program resides in 10 USC 2576a.
LESO transfers excess DoD property that covers the full range of items used by the government: office equipment, blankets and sleeping bags, computers, digital cameras, individual clothing and equipment, aircraft, boats, vehicles and weapons. The vast majority (about 92%) of property issued is non-controlled. This includes items like office equipment and furniture, vehicles, first aid kits/supplies, hand tools and other supplies.
Controlled property (weapons, tactical vehicles, night vision equipment, etc.) always remains in the LESO property book, because it still belongs to DoD. When the time comes that a law enforcement agency no longer wants the controlled property, it must be returned to Defense Logistics Agency for proper disposition.
On the other hand, after one year, general property (computers, furniture, tools, etc.) becomes the property of the law enforcement agency and is removed from the LESO property book. This property is no longer subject to the annual inventory requirements and will not be inventoried during a LESO program compliance review. This general property should be maintained and ultimately disposed of in accordance with provisions in state/territory and local laws that govern public property.
The Memorandum of Agreement signed by each participating law enforcement agency prohibits participants from loaning, donating or otherwise providing property to other groups or entities that are not otherwise authorized to participate in the program. Property shall not be requested by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer or to secure a loan.
For these reasons, law enforcement agencies are not permitted to donate any property they’ve received through the LESO/1033 program. For more background on the program and to see our list of frequently asked questions, please visit the LESO website at https://www.dla.mil/DispositionServices/Offers/Reutilization/LawEnforcement.aspx
