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Defense Surplus Equipment Disposal: Background Information

equipment to include state and local law enforcement, firefighting, homeland security, and emergency management agencies.15 Also, the Affordable Reloaded Munitions Supply (ARMS) Act of 2009 (H.R. 2193) was introduced in the House on April 30, 2009. The bill would have prohibited the Secretary of Defense from implementing any policy that prevents or places undue restriction on the sale of “intact spent military small arms ammunition casings” to certain domestic suppliers. The bill had 41 co-sponsors, and was referred to the House Armed Services Committee.

Major Recipients

State and Local Governments

If property cannot be reused or transferred to other federal agencies, it may be donated to state and local government programs. Each state has designated a “State Agency for Surplus Property Program,” a local governing authority to receive and distribute all federal surplus property. The program authorizes “screeners” to handle the logistics, and the state agency may charge a fee for handling the transaction. Eligible recipients include, but are not limited to, organizations that promote public health, safety, education, recreation, conservation, and other public needs, including veterans groups and Native American organizations. Groups that qualify as a “service education activity” may have a slight priority in the screening process.

Law Enforcement Support Office (LESO)

LESO administers 10 U.S.C. Section 2576a, which transfers excess DOD equipment to federal and state law enforcement agencies through the 1033 Program.16 DLA estimates that since 1990, more than $4.2 billion worth of property has been transferred; in FY2011 alone, a record $502 million worth of property was transferred. 17

In addition, the 1122 Program (FY1994 National Defense Authorization Act) authorizes state and local governments to purchase law enforcement equipment for counter-drug activities.18 Each state appoints a “Point of Contact (POC)” for this program. The POC may purchase items from any of the four inventory control points managed by DLA. To order items, applicants are to contact their State Agency for Surplus Property Program.

Firefighting Support Program

Title 10 U.S.C. 2576b authorizes the U.S. Department of Agriculture’s Forest Service to manage the DOD firefighting property transfers. An interagency agreement between DOD and the Forest Service is under the authority of the Economy Act, 31 U.S.C. 1535. The Federal Excess Personal

15 Title 10 U.S.C. 2576, Surplus Military Equipment: Sale to State and Local Law Enforcement, Firefighting, Homeland Security, and Emergency Management Agencies and Firefighter Agencies.

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https://www.dispositionservices.dla.mil/rtd03/leso/. See LESO website at https://www.dispositionservices.dla.mil/rtd03/leso/. http://www.dla.mil/logisticsoperations/DHS/Pages/DLA1122.aspx.

Congressional Research Service

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