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Law Enforcement Support Office

The Law Enforcement Support Office (LESO) is a division under the United States Department of Defense (DoD) responsible for managing the "1033 Program", which transfers excess weapons, equipment, and vehicles from the United States Armed Forces to civilian law enforcement agencies. The program legally requires the DoD to make various items of equipment available to local law enforcement, ranging from supplies to materiel.

History
Predecessor The 1944 Surplus Property Act provided for the disposal of surplus government property. To deal with these disposals, numerous short-lived agencies were formed, such as the Surplus War Property Administration in the Office of War Mobilization (February – October 1944); the Surplus Property Board in the Office of War Mobilization and Reconversion (October 1944 – September 1945); and the Surplus Property Administration; as well as corporations like the Petroleum Reserves Corporation and the War Assets Corporation. The War Assets Administration was the latest to operate and was abolished in 1949, when the Surplus Property Act was repealed. Establishment The predecessor of the 1033 Program was created in 1990 under the administration of President George H. W. Bush. The program was named the "1208 Program", after section 1208 of the National Defense Authorization Act for Fiscal Years 1990 and 1991, which outlined the program's use and authorized the transfer of military hardware from the DoD broadly to "federal and state agencies", but specifically "for use in counter-drug activities", as the legislation was passed in the context of the war on drugs. In 1995, the Law Enforcement Support Office was created within the DLA to work exclusively with law enforcement. Limitations In October 2014, the DLA Disposition Services first released information about the equipment distribution by county, in the wake of public scrutiny following reports that the Ferguson Police Department used materiel acquired from the 1033 Program during the Ferguson unrest. Federal records on the movement of military equipment to police were released to the public on 21 November 2014. In May 2015, President Barack Obama signed Executive Order 13688, limiting and prohibiting the transfer of certain types of weapons and equipment to law enforcement agencies through the 1033 Program, including large-caliber weaponry, tracked armored vehicles, grenade launchers, and camouflage. On 28 August 2017, President Donald Trump rolled back Executive Order 13688, effective immediately. Attorney General Jeff Sessions announced the move at the Fraternal Order of Police (FOP) convention in Nashville, Tennessee, and said the president would do so by executive order. On 25 May 2022, President Joe Biden issued Executive Order 14074, addressing police reform. Section 12 prohibited or limited to specific uses the transfer of a number of military items, including firearms of .50 caliber or greater, silencers, bayonets, vehicles without a commercial application, explosives, weaponized drones, and long-range acoustic devices. The order also increased application and certification requirements for law enforcement agencies seeking materiel. Section 12 applied to the 1033 Program and other federal equipment transfer programs. ==Overview==
Overview
SWAT officers with military equipment during training DLA Disposition Services helps the DoD dispose of its "excess property... from air conditioners to vehicles, clothing to computers" via "transfer to other federal agencies, or donation to state and local governments and other qualified organizations", as well as by "sale of surplus property". Availability of surplus equipment has been facilitated by the reduced American presence in Iraq and Afghanistan. About a third of the offered equipment was new. As of 2022, the total value of transfers since 1990 was $7.1 billion, based on original acquisition value, not accounting for depreciation of used items. The program offers a variety of military weapons and equipment to police, ranging from handguns and bulletproof vests to assault rifles and high-caliber firearms. Among the military weapons (as highlighted by media) are bayonets and grenade launchers; however, according to the DoD, the bayonets are repurposed as utility knives, while the grenade launchers use tear gas and smoke grenades instead of explosive rounds, Vehicle offerings include light utility vehicles, MRAPs, armored personnel carriers, trucks, and various types of aircraft and watercraft. Under the program, equipment is designated as either controlled or non-controlled property. Controlled property comprises military items, including weapons, and is supplied on a conditional basis; ownership remains with the DoD, and property must be returned when no longer in use. Non-controlled property, also known as general property, includes items like office equipment, first aid kits, and sleeping bags, and becomes the public property of the receiving agency. In 2019, non-controlled property accounted for 92% of transfers. Police departments used by the Tampa Police Department in Florida , 8,000 law enforcement agencies participate in the 1033 Program. A memorandum of agreement between the DLA and the states participating in the program requires that police either use their received equipment within one year or return it. and 117 campus police departments have received equipment through the 1033 Program. The most oft-cited reasons for the acquisition of military equipment by school and campus police are school shooting responses and cost savings. the Los Angeles School Police Department, and at least ten school police departments in Texas, among others. Colleges and universities whose campus police departments are reported to have received or returned equipment from the 1033 Program include Columbia University, Yale University, Hinds Community College, the University of Central Florida, the University of California, Florida State University, Florida International University, Arizona State University, the University of Maryland, Central Washington University, the University of Texas System, such as the shared use of an MRAP between the Davis, California police and the University of California, Davis Police Department. Oversight Law enforcement agencies receiving items from the 1033 Program must declare the intended use for each item received, maintain an audit trail for each item, and conduct inventory checks for the DLA. Firearms, certain vehicles and other equipment must be returned to the Defense Department after use. The state coordinating agency is housed within a state agency that varies from state to state, such as the Alaska Department of Public Safety or the California Governor's Office of Emergency Services. In 2010, a police detective was appointed as Arizona's state coordinator; this reportedly allowed the Pinal County Sheriff's Office to amass over $7 million worth of military equipment between 2010 and 2012, which Sheriff Paul Babeu told county supervisors he would auction off to balance the PCSO's budget. In 2003, a Department of Defense Office of Inspector General audit found incorrect or inadequate documentation in about three-quarters of the transactions analyzed, declaring LESO records unreliable. The MCSO blamed the errors on outdated computers and tracking devices from when the weapons were transferred in the 1990s. According to Sheriff Joe Arpaio, the suspension did not affect the MCSO's acquisition of weaponry, as they could already afford them using anti-racketeering funding and confiscated narcotics proceeds. North Carolina officials stated that 3,303 out of the 4,227 pieces of equipment obtained through the program are tactical items including automatic weapons and military vehicles, and that the remainder is not used in combat and includes sleeping bags, containers, and generators. Investigative journalist Susan Katz Keating reported in October 2017 that certain elements of the program were restored despite the compliance issues. In 2017, the Government Accountability Office engaged in a sting purchase operation by creating a fake law enforcement agency website and using its name to obtain controlled military equipment from the 1033 program. == Responses ==
Responses
using a sniper rifle atop a SWAT vehicle to survey a crowd of protestors during the 2014 Ferguson unrest Criticism Public, scholarly, and political criticism of LESO and the 1033 Program increased following the Ferguson unrest in 2014, the Baltimore protests in 2015, and the George Floyd protests in 2020, when police used vehicles and equipment acquired from the program for riot control, which is prohibited, Political criticism Bipartisan criticisms of the 1033 Program were made by numerous American politicians over the course of 2014, during the Ferguson unrest. • President Barack Obama ordered a review of the 1033 Program and police use of acquisitions from the program. Following the 2015 Baltimore protests, Obama announced reviews of the use of military equipment, stating military equipment in police use "gives people a feeling like they are an occupying force as opposed to a part of the community there to protect them," and stating that "some equipment made for the battlefield is not appropriate for local police departments." • Senator Rand Paul, writing an op-ed in Time, stated that the American government "has incentivized the militarization of local police precincts and helped municipal governments build what are essentially small armies." Paul's second Ferguson op-ed in Time did not mention the demilitarization of the police. • Senator Claire McCaskill suggested that "Congress would seek to better train police to use transferred equipment". • Representative Buck McKeon scheduled a United States House Committee on Armed Services subcommittee "Oversight and Investigations" hearing to examine the program, which was postponed. • Representative Hank Johnson urged the heads of the Armed Services Committees to adopt a moratorium on the transfer of certain items and to eliminate a section of the House version of the 2015 National Defense Authorization Act, passed earlier in 2014, that would expand equipment transfers to U.S. Customs and Border Protection, the largest law enforcement agency in the U.S.. • The House Committee on Armed Services reviewed the program and interviewed four witnesses: the president of the Police Foundation, the director of the National Tactical Officers Association, and two DoD employees. Their heads, Reps. Buck McKeon (R-Calif.) and Adam Smith (D-Wash.), worked on a compromise of the 2015 National Defense Authorization Act instead of a moratorium. In September 2014, Senator Claire McCaskill organized the Senate's first hearing on the program, and federal officials faced bipartisan criticism. However, the House Judiciary Committee declined to review the program, stating that any review would follow an investigation by the Obama administration, In 2017, while announcing Trump's roll-back of 1033 Program limitations to the FOP, Attorney General Jeff Sessions dismissed criticisms of the 1033 Program as "superficial concerns" and suggested that Obama's limitations were only a concession to protestors. Similarly, FOP president James Pasco defended the 1033 Program as necessary for smaller police departments and noted the vehicles offered by the program were not armed. ==See also==
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