The Posse Comitatus Act of 1878 (18 U.S.C. The following year, in the National Defense Authorization Act for Fiscal Years 1990 and 1991, Congress created a pathway for DOD to directly transfer to federal and state agencies equipment (so-called "personal property") that was excess to the needs of the department and suitable for use in counter-drug activities. Under Section 1208, the Secretary of Defense could transfer defense equipment, including small arms and ammunition, from existing defense stocks without cost to the receiving agency. Materials Offered to Law Enforcement Agencies through the 1033 Program

The program is administered by the Law Enforcement Support Office (LESO) of the Defense Logistics Agency (DLA), located at DLA Disposition Services Headquarters in Battle Creek, Michigan. Program Participants

Law enforcement agencies wishing to take part in the 1033 Program apply to the LESO through their state's 1033 Program coordinator (see below). According to the LESO, 11,000 law enforcement agencies are registered nationwide and 8,000 are currently using property provided through the program. Material Accountability

Each state participating in the program must set up a business relationship with DLA through the execution of a Memorandum of Agreement (MOA). Each participating state's governor is required to appoint a state coordinator to ensure that the program is used correctly by the participating law enforcement agencies. This equipment is closely tracked by both the LESO and the relevant state coordinator and it must be returned to a DLA Disposition Services Site when no longer needed for law enforcement purposes. (1) Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Defense may transfer to Federal and State agencies personal property of the Department of Defense, including small arms and ammunition, that the Secretary determines is--
(A) suitable for use by the agencies in law enforcement activities, including counter-drug and counter-terrorism activities; and
(B) excess to the needs of the Department of Defense.
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. The LESO retains final approval authority over the types and quantities of material transferred from DOD excess stocks to the agencies. Any material requiring demilitarization before being released to the public must be returned to DLA when no longer needed by the receiving law enforcement agency.
LESO states that 11,000 agencies nationwide are currently registered and that 8,000 of them use material provided through the 1033 Program.