Transfer of Defense Material to Law Enforcement
Overview of the “1033 Program”
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…
