COMMONLY USED ACRONYMS IN THE FAQs:
CEO- Chief Executive Officer
DLA-Defense Logistics Agency
DOD- Department of Defense
DS- Disposition Site
FAA- Federal Aviation Administration
LEA- Law Enforcement Agency
LESO- Law Enforcement Support Office
MOA-Memorandum of Agreement
NYS- New York State
SC- State Coordinator
1. What is the 1033 Federal Excess Property Program? [top]
The National Defense Authorization Act authorizes the Secretary of Defense to transfer excess Department of Defense (DOD) property to federal, state, and local law enforcement agencies (LEAs) with special emphasis given to counter-drug and counter terrorism. In 1997, new guidelines were instituted allowing all LEAs to obtain property for a bona fide law enforcement need. The 1033 Program (formerly the 1208 Program) allows LEAs to receive DOD excess property. The 1033 Program has allowed law enforcement agencies to acquire aircraft, armored and tactical vehicles, watercraft, weapons, computer equipment, night vision equipment, generators, first aid equipment, and more. If you qualify and choose to participate, your organization will become one of over 13,000 LEAs which have taken advantage of this unique program.
2. Who can participate in the NYS Administered Program? [top]
To participate in the 1033 Program, an agency must perform law enforcement activities whose primary function is the enforcement of applicable Federal, State and local laws and whose sworn compensated officers have powers of arrest and apprehension. Identified below are agencies in NYS eligible to participate in the 1033 Program; property obtained must be specifically used for law enforcement purposes:
- Police Departments of Villages, Towns, Cities and Counties where such Village, Town, City or County is a political subdivision of the State of New York recognized as such by the Office of the State Comptroller and where the primary statutory purpose of the department is police activity;
- Sheriff’s Office of the counties outside New York City;
- Police Agencies of the State of New York: Division of State Police, University Police, Department of Environmental Conservation Police and Forest Rangers, and the New York State Park Police;
- State Department of Correctional Services Emergency Response Teams and Hostage Rescue Teams; and
- State Division of Parole Absconder Search Units and the Bureau of Special Services;
- District Attorney Investigators; and
- State Liquor Authority Enforcement Unit
- State Office of the Attorney General, Investigative Unit
3. How does an LEA enroll? [top]
To enroll in the New York State 1033 Federal Excess Property Program, document numbers 1-3 must be typed and submitted to the State Coordinator:
- Enrollment Application
- NYS 1033 - State Coordinator/NYLEA Memorandum of Agreement – For all County and Local Municipality use only. Submit two copies of the Memorandum of Agreement between the State Coordinator and your agency containing original signature, Signed and dated by the Chief Executive Officer.
- LESO Law Enforcement Agency Application for Participation
- LESO Law Enforcement Agency Application for Participation Instructions
- State Plan of Operation – Provides comprehensive guidelines on the 1033 Program. The State Plan of Operation does not need to be submitted to the State Coordinator. However, the Agency must be knowledgeable of all provisions in this document.
4. What property is available? [top]
Property available through the 1033 Program includes most types of property used by the military. This includes, but is not limited to, office furniture, computers, boats, tactical, vehicles, trailers, shelters, ATVs, weapons, generators, night vision equipment, armored vehicles and aircraft.
5. Who owns the property? [top]
Many items always remain the property of the Department of Defense (DOD), based on the Demilitarization Code of the property and must be returned to a DOD facility when no longer needed. Each item of property has a DOD assigned Demilitarization Code. This code relates to the sensitivity of the item, offensive or defensive military capabilities of the item, and the need for “demilitarization” of the item before it can legally disposed. Weapons, Armored and Tactical Vehicles, HUMVEEs, heavy cargo trucks with gun mounts, aircraft and aircraft parts, some boats, night vision devices, and bomb robots are some examples that are either sensitive or have offensive/defense capabilities. Demilitarization Code “A” property becomes the property of the agency after one year and can be disposed as desired. All other 1033 Program property must receive New York 1033 State Coordinator and LESO approval before items can be returned, transferred, disposed of, sold, traded or gifted.
6.How does an LEA “screen” or search for property? [top]
New York Law Enforcement Agencies (NYLEAs) participating in the 1033 Program can “screen” or search for property electronically through the Defense Logistics Agency (DLA) Disposal Services (DS) on line web site https://www.dispositionservices.dla.mil/leso/SearchEngineWrapper?type=LesoHome which will indicate at which DS property is located) or by physically visiting a DS. When a request for property is approved by the State Coordinator and LESO, the property is picked up by the NYLEA at the DS or the NYLEA contracts with a private shipping company to pick up the property at the DS (with the exception being weapons and aircraft). Property available will vary in condition from almost new to unserviceable-condemned. Each item has a Federal Property Condition Code assigned to it, so law enforcement agencies can evaluate the condition before requesting the property.
7. Who is allowed to screen for an LEA? [top]
Only sworn law enforcement officers appointed by the agency Chief Executive Officer (CEO) and approved as “Screeners” by the New York State Coordinator and the DOD Law Enforcement Support Office (LESO).
8. What are the duties of the Screener? [top]
Screeners are responsible for screening (searching) for property, requesting property, ensuring all required justifications and justification forms are provided to State Coordinator, obtaining permission as required by agency command staff to request property, tracking property requests, arranging pick up or shipping of approved property within the required 14 days of approval, keeping CEO and PAO informed of all property requested, approved and received as needed.
9. How may an LEA change its screeners? [top]
The LEA needs to submit to the State Coordinator the Agency Update Form and LESO Law Enforcement Agency Application for Participation
10. How often may a department screen? [top]
LEA’s may screen for property as frequently as desired, however agencies are responsible for picking up or arranging for shipping/payment and having property delivered from a DRMO when property is approved within fourteen (14) days. Additionally, the State Coordinator may deny property requests from agencies to ensure equitable distribution of property between agencies of various sizes and equitable geographical distribution.
11. How many DRMO’s can an LEA screen for property? [top]
LEA may screen for property at as many DRMOs as desired, however agencies are responsible for picking up or arranging for/paying for shipping and having property delivered from a DRMO when property is approved within fourteen (14) days. Additionally, the State Coordinator may deny property requests from agencies to ensure equitable distribution of property between agencies of various sizes and equitable geographical distribution.
12. How does the LEA receive property? [top]
Agencies are responsible for picking up all property or arranging for/paying for shipping and having property delivered from a DRMO when property is approved within fourteen (14) days.