CM-08-12-287STATE OF TEXAS 1033 PROGRAM
PLANS, POLICIES AND PROCEDURES
PURPOSE:
The purpose of this document is to set forth the terms and conditions which will be binding on
the parties with respect to excess Department of Defense (DOD) personal property which is
transferred pursuant to 10 U.S.C. §2576a and to promote the efficient and expeditious transfer of
the property.
AUTHORITY:
The Secretary of Defense is authorized by 10 U.S.C. §2576a to transfer to Federal and State
Agencies, personal property that is excess to the needs of the DOD and that the Secretary
determines is suitable to be used by such agencies in law enforcement activities, with emphasis on
counterdrug/counterterrorism activities, under such terms prescribed by the Secretary. The
authorities granted to the Secretary of Defense have been delegated to the Defense Logistics
Agency (DLA).
STAFFING AND FACILITIES:
By authority of the State Governor, the Joint Counterdrug Task Force Commander is the Texas
1033 Program State Coordinator. The State Coordinator appointment the State Points of Contact
(SPOCs) to administer the daily operation of the 1033 Program.
TERMS AND CONDITIONS:
• Law Enforcement Agency (LEA) Eligibility Criteria: Must be a "law enforcement activity"
whose primary function is enforcement of applicable Federal, State and local laws as defined by
the DLA regulation (this is referring to DLA Directive (DLAD) 4160.10 which will be
superceded by the One Book) and whose compensated officers have powers of arrest and
apprehension.
• How to Enroll in the State 1033 Program: LEA must request enrollment via their State
Coordinator. LEAs must provide a completed application packet to their State Coordinator.
NOTE: Upon request of the Law Enforcement Support Office (LESO), a mission statement
will need to be provided along with the datasheet. If the enrollment request is approved by the
State Coordinator, it will be forwarded to the LESO. If approved by LESO, the State
Coordinator will be contacted and provided with a LEA screener's authorization memo
(Authorization Letter for Property Screening and Receiving). Once enrolled, the LEA must
acknowledge receipt of the memorandum of understanding (MOU) with the State Coordinator
agreeing to the terms and conditions of the 1033 Program. As soon as an agency is properly
enrolled, automations screening may be conducted through the Defense Reutilization and
Marketing Office (DRMO) website. The State Coordinator's office must provide the LEA with
their login identification number for this application.
• LEA Screener Criteria: Must be full -tune and/or part-time, sworn and/or non -sworn officers
assigned to the LEA performing this duty. LEAs are allowed a maximum of four (4) screeners
per agency. A maximum of two (2) of the authorized screeners may physically screen at any
DRMO at one time.
• Identification/Acquisition/Transportation of Property: LEAs find needed property
electronically through the Defense Reutilization and Marketing Service (DRMS) website:
www.drms.dla.mil or by physically visiting the nearest DRMO. Once property has been
identified, LEAs submit a manual or electronic DRMS Form 103 to the State Coordinator. The
State Coordinator approves/disapproves the request. If approved, it is sent to the LESO. If
approved it goes to Military Standard Requisitioning and Issue Procedures (MILSTRIP) or a
manual DD Form 1348 is sent to the State Coordinator. It is the responsibility of the State/LEA
to transport requested property from the DRMOs to their location. DLA will not fund the
transportation cost.
• Storage of Property: Unless the State is authorized as a distribution center, it will be the
gaining LEA responsibility to store property received through the 1033 Program. Distribution
centers should only hold property for their specific customers not more than 90 days. After that
date, disposition should be requested, in writing, from the LESO, via their State Coordinator.
• Distribution of Property: LESO will approve property request in the following priority:
counterdrug/counterterrorism and then any other law enforcement activities.
• Security of Property: It is the responsibility of the gaining State/LEA to safeguard all property
received through the 1033 Program. Should any property become lost due to theft, destruction
or unauthorized sale/disposal, this information must be forwarded to the State Coordinator
within seven (7) working days after the incident. The State Coordinator will contact the LESO
for additional guidance.
• Accountability of Property: Each LEA and the State must maintain records for all property
acquired through the 1033 Program. These records must provide an "audit trail" for individual
items of property from receipt to distribution. These documents include but are not limited to
the following: DRMS Form 103 with all justifications or printouts of automated requests, DD
Form 1348 (receipt and turn -in), all disposal and transfer paperwork, approved Bureau of
Alcohol, Tobacco and Firearms (ATF) Form 10s, Certificate of Aircraft Registration (AC Form
8050-3), Aircraft Registration Application (AC -Form 8050-1), and any pertinent paperwork
through the LESO. The records maintained must also satisfy any and all pertinent requirements
under its applicable State statues and regulations for the program and this property.
• Establish Inactive File: As of October 1, 2003, the LESO will institute a five (5) year file
retention policy. This policy will state that LESO will maintain active files for two (2) years
and inactive files for three (3) years. After five years, the files are destroyed with the exception
of DEMIL code B through Q, sensitive items and $20,000 or more high dollar items.
TX1033SPO 2 of 9 December 2008
• Utilization of Property: Property received through the 1033 Program must be placed into use
within one (1) year of receipt and utilized for a minimum of one (1) year, unless the condition
renders it unusable. If property is not placed in use within one (1) year of receipt, it must be
transferred to another authorized agency, or returned to a DRMO. Property returns/turn-ins
must be coordinated through the applicable State Coordinator and LESO.
• State Compliance Reviews: The State Points of Contact will inspect at a minimum 10% of the
active agencies to ensure property accountability and proper use of equipment. All law
enforcement agencies maintaining sensitive property will submit a written accountability
statement detailing property type and serial numbers on the anniversary date of their
Authorization Letter for the program.
• Transfer of Property: LEAs must coordinate, in writing, transfer of 1033 property through
their State Coordinator. The State Coordinator will request final approval from the LESO.
Property may be transferred within the State or between States as long as it is properly
coordinated with the State Coordinator and LESO. If approved a "LESO transfer approval
memo" will be sent to the State Coordinator. For more information regarding these items, view
the following links:
Defense Demilitarization and Trade Security Controls (TSC) Program
www.demil.osd.mil
Military Critical Technologies List
www.dtic.mil/mctl
Critical Federal Supply Class (FSC) and Buzz words
www.drms.dla.mil/drms/internal/demil/CriticalBuzzKeyPt.pdf
Flight Safety Critical Aircraft Parts (FSCAP)
www.drms.dla.mil/drms/internal/demil/FSCAP.pdf
• Disposal of Property: LEAs must request approval, in writing, from their State Coordinator
before any 1033 property is disposed. The State Coordinator will request final approval from
the LESO. If approved a "LESO disposal approval memo" will be sent to the State
Coordinator. Only DEMIL codes A, B and Q may be approved for disposal. Items with
DEMIL codes of C, D, E, F, G and P must be transferred to an authorized agency or must be
returned to a DRMO when no longer needed. Costs incurred for transfers, disposals or turn -ins
will be borne by the State/LEA.
o DEMIL code A: does not require demilitarization and may be disposed after obtaining
State Coordinator and LESO approval.
o DEMIL code B: does not require demilitarization and may be disposed or returned to a
DRMO. If disposed, it must be in accordance with TSC (see DOD 4160.21-M, Defense
TX1033SPO 3 of 9 December 2008
Material Disposition Manual; DOD 4160.21-M-1, Defense Demilitarization Manual;
DRMS-I 4160.14, Volume VII).
o DEMIL code 0: does not require demilitarization and may be disposed or returned to a
DRMO. If disposed, it must be in accordance with Commerce Control List Items
(CCLI) disposition requirements (see DOD 4160.21-M, Defense Material Disposition
Manual; DOD 4160.21-M-1, Defense Demilitarization Manual; DRMS-I 4160.14,
Volume VII).
• Specific Requirements for disposal of Munitions Lists Items (MLI)/CCLI
(DEMIL codes B and Q) excerpt from DOD 4160.21-M:
• Before disposing of MLI/CCLI property, Federal and State agencies
must consider the export control requirements as promulgated by the
Department of State, Department of Commerce and the Treasury
Department, as applicable. Disposal methods shall ensure that
appropriate safeguard requirements are in place prior to disposal.
These will include, but are not limited to:
• Notification of export control requirements to the end-user;
• Exclusion of individuals, entities or countries who are excluded
from Federal programs by the General Services Administration
(GSA);
• Exclusion if delinquent on obligations to the U.S. Government
or are debarred or suspended from DOD contracts;
• Exclusion if currently suspended for TSC violations;
• Exclusion if subject to denial, debarment or other sanctions
under public law.
o DEMIL codes C, D, E, F, G and P: require demilitarization and must be returned to a
DRMO. The State Coordinator must obtain the LESOs approval for equipment returns.
• LESO will provide turn -in documentation (DD Form 1348-1A). With few
exceptions, the State/LEA will be asked to coordinate the turn -in with a local
DRMO. The State/LEA informs LESO which DRMO has agreed to accept the
turn -in. LESO will then provide turn -in documentation to the accepting DRMO.
Upon receipt of the turn -in documentation, the LEA must return the property to
the specified DRMO. The DRMO personnel receiving the materials will sign
the turn -in document and give the LEA a copy of the signed receipt paperwork.
This receipt paperwork must be maintained in the LEA's files and a copy of the
TX1033SPO 4 of 9 December 2008
receipt must be forwarded to the State Coordinator for their files. (see DOD
4160.21-M, Defense Material Disposition Manual; DOD 4160.21-M-1, Defense
Demilitarization Manual; DRMS-I 4160.14, Volume VH for DEMIL rules).
• Training: The State Coordinator, State Points of Contact and LEAs should be
trained/familiar with guidance on the following websites:
ABCs of DEMIL
www.hr.dla.mil/dtc/coursecatalog/PD/abcdmil.htm (knowledge of demilitarization codes)
DLA Operations
www.dla.mil (DLA handbook)
LESO Operations
www.dla.mil/j-3/leso (1033 Program/Automation training guides)
DRMS Operations
www.drms.dla.mil (automation requisitioning process/procedures)
THE STATE WILL:
a. Receive applications for participation in this program from its law enforcement activities
and validate with signature, their law enforcement mission prior to forwarding to LESO
for approval as an authorized LEA. Once the approval process is completed and the
agency is loaded in the DRMS automated requisitioning system, provide enrolled LEAs
with their LEA ID number so they may request materials on-line.
b. Forward requests to LESO for excess property that is necessary to meet requirements for
LEA efforts. Assure the recipient LEA is identified on all requisitions.
c. Be responsible for the transfer and/or allocation of property to qualified LEAs.
d. Assure the LEAs agree to maintain, at no expense to the U.S. Government, adequate
liability and property damage insurance coverage and workmen's compensation insurance
to cover any claims.
e. Control and maintain accurate records on all property obtained under this plan. These
records must provide an "audit trail" for individual items of property from receipt to
distribution. These documents include but are not limited to the following: DRMS Form
103 with all justifications or printouts of automated requests, DD Form 1348 (receipt and
turn -in), all disposal and transfer paperwork, approved ATF Form 10s, Certificate of
Aircraft Registration (AC Form 8050-3), Aircraft Registration Application (AC -Form 8050-
1) and any pertinent paperwork through the LESO. The records maintained must also
satisfy any and all pertinent requirements under its applicable State statues and regulations
TX 1033 SPO
5 of 9
December 2008
for the program and this property.
f. Enter into agreements with LEAs to assure they fully comply with the terms, conditions
and limitations applicable to property transferred pursuant to this plan/program.
g. Allow a maximum of four (4) screeners, full-time and/or part-time, sworn and/or non -
sworn officers, per LEA performing this duty. The screeners must be named in a "letter of
authorization/datasheet" provided to the LESO, to be updated as changes occur, or
whenever LESO requests an update. A weapons point of contact (POC) fulltime officer
must be included on the "letter of authorization/datasheet" for any LEAs that have
received or are requesting weapons. NOTE: A maximum of two (2) of the authorized
screeners may physically screen at any DRMO at one time.
h. Assure that all environmentally regulated property is handled, stored and disposed of in
accordance with applicable Federal, State and local environmental laws and regulations.
i. Assure that the following weapons are registered with the U.S. Treasury Department's
ATF: M14, M16, M21 and M79. The State and each LEA must comply with all
applicable firearm laws and regulations. Report all stolen or unaccounted for weapons to
DLA, LESO not later than seven (7) working days after it is discovered. The State
Coordinator must provide a weapon POC on all LEA data sheets. All weapon transfers
between LEAs must be approved by the LESO before it is completed. Maintain an
approved copy of the ATF Form 10 for all M14, M16, M21 and M79 rifles issued to
State/LEA.
j. Identify to LESO each request that will be used in counterdrug/counterterrorism
activities.
k. Ensure LEAs are aware of their responsibilities in accordance with the Single Audit Act of
1984, as amended (31 U.S.C. 7501-7). Assist LEAs by providing information, as required,
for audit submission. Assist LEAs by identifying which property oversight agency the audit
information must be submitted to.
1. Review and update State Plan of Operation annually (calendar year) or when the Governor -
appointed State Coordinator changes or Governor changes. If there are no changes to the
State Plan of Operation send a signed letter/email to the LESO indicating that the plan has
been reviewed and no changes were necessary.
m. Ensure all LEAs enrolled in the State 1033 Program maintain a current copy of the State
Plan of Operation or MOU.
n. Conduct periodic reviews of each LEA enrolled in the program, to include physical
inventory/spot checks, of property received and any related records. Additionally, ensure
LEAs are in compliance with applicable Memorandum of Agreement (MOA)/MOU and/or
TX1033SPO 6 of 9 December 2008
the State Plan of Operation. These reviews must be documented and maintained by the
State Coordinator for future LESO compliance reviews.
o. Obtain reconciliation reports from the LESO website and conduct monthly reconciliations
on all items received and annual reconciliations for high dollar items (items valued over
$20,000) and Demil B -Q items between the State/LEA and LESO.
p. Ensure serial/tail numbers are provided to LESO on items such as peacekeepers/armored
personnel carriers (APCs), aircraft, night vision goggles (NVGs)/sights and weapons.
q•
Validate and certify LEA inventory reconciliation results electronically and forward them to
LESO within 10 working days of the monthly or annual reconciliation process. Maintain a
signed copy of all property reconciliation documentation received through the 1033
Program.
r. Submit requests for property returns (turn -ins to a DRMO) to LESO. Note: Costs of
shipping or repossession of the property by the U.S. Government will be borne by the LEA.
s. Submit disposal, transfer and inventory adjustment requests to LESO.
t. Contact the LESO in writing not later than 30 calendar days prior, to a State Coordinator
change.
u. All property transfers will cease if no current Governor's letter is on file; the State has not
signed the MOA with DLA; the State Coordinator or POC does not validate all property
requests and there is no State Plan of Operation on file.
THE LAW ENFORCEMENT AGENCY WILL:
a. Submit applications for participation in this program to the State Coordinator for
approval. Upon request from the State Coordinator or LESO provide a mission
statement.
b. Submit requests for property (electronically). Provide justification for all requisitions to
the State Coordinator.
c. Agrees to maintain, at no expense to the U.S. Government, adequate liability and property
damage insurance coverage and workmen's compensation insurance to cover any claims.
d. Control and maintain accurate records on all property obtained under this plan. These
records must provide an "audit trail" for individual items of property from receipt to
distribution. These documents include but are not limited to the following: DRMS Form
103 with all justifications or printouts of automated requests, DD Form 1348 (receipt and
turn -in), all disposal and transfer paperwork, approved ATF Form 10s, Certificate of
TX1033SPO 7 of 9 December 2008
Aircraft Registration (AC Form 8050-3), Aircraft Registration Application (AC -Form 8050-
1) and any pertinent paperwork through the LESO. The records maintained must also
satisfy any and all pertinent requirements under its applicable State statues and regulations
for the program and this property.
e. Comply with the terms, conditions and limitations applicable to property transferred
pursuant to this plan/program.
f. Allow a maximum of four (4) screeners, full-time and/or part-time, sworn and/or non -
sworn officers, per LEA performing this duty. The screeners must be named in a "letter of
authorization/datasheet" provided to the LESO, to be updated as changes occur, or
whenever LESO requests an update. A weapons POC fulltime officer must be included
on the "letter of authorization/datasheet" for any LEAs that have received or are
requesting weapons. NOTE: A maximum of two (2) of the authorized screeners may
physically screen at any DRMO at one time. Appoint a Property Accountable Officer
responsible for approving/disapproving all property requests and maintaining all
accountable records for property received.
g.
Assure that all environmentally regulated property handled, stored and disposed of in
accordance with applicable Federal, State and local environmental laws and regulations.
h. Assure that the following weapons are registered with the U.S. Treasury Department's ATF:
M14, M16, M21 and M79. Recipients must comply with all applicable firearm laws and
regulations. Report all stolen or unaccounted for weapons to LESO through the State
Coordinator not later than seven (7) working days after the incident has occurred. The LEA
must provide a weapon POC on all data sheets. All weapon transfers between LEAs must
be approved by the LESO before it is completed. LEA must maintain an approved copy of
the ATF Form 10 for all M14, M16, M21 and M79 rifles received.
i. Identify to LESO each request that will be used in counterdrug/counterterrorism activities.
j. LEAs enrolled in the State 1033 Program must maintain a copy of the State Plan of
Operation or MOU.
k. LEAs must be aware of their responsibilities under the Single Audit Act of 1984, as
amended (31 U.S.C. 7501-7).
1. Conduct periodic reviews to include physical inventory/spot checks of actual property and
related records. Ensure compliance with applicable MOA/MOU and/or the State Plan of
Operation.
m. Obtain reconciliation reports from the State Coordinator and conduct monthly and annual
reconciliations. Provide reconciliation results to the State Coordinator.
TX1033SPO 8 of 9 December 2008
n. Ensure serial/tail numbers are provided to the State Coordinator on items such as
peacekeepers/APCs, aircraft, NVGs/sights and weapons.
o. Conduct inventory reconciliations and provide inventory reconciliation results electronically
to the State Coordinator within 10 working days of the monthly or annual reconciliation
process. Maintain a signed copy of all property reconciliation documentation received
through the 1033 Program.
P.
Submit requests for property returns (turn -ins to a DRMO) to the State Coordinator. Note:
Costs of shipping or repossession of the property by the U.S. Government will be borne by
the LEA.
q. Submit disposal, transfer and inventory adjustment requests to the State Coordinator.
r. Contact the State Coordinator, in writing, not later than 30 days prior, when property
accountable officer changes.
TERMINATION CRITERIA: An LEA may be terminated from the program either temporarily
or permanently by the State Coordinator for failure to comply with any policy governing the
program. A termination notice will be provided via certified mail from the State Coordinator's
office.
IN WITNESS THEREOF, the parties hereto have executed this agreement as of the last date
written below.
TO ' L. WEST
CO , TXANG
Texas 1033 State Coordinator
AGENCY CHIEF EXECUTIVE OFFICIAL:
rat -4,r
Signature
AUTHORIZED OFFICIAL:
Bryan Williams, Chief of Polices Nuse, City Manager
Name / Title
Date
Name / Title
12'191?)
Date
TX 1033 SPO 9 of 9 December 2008
DATE: December 11, 2008
SUBJECT: City Manager Approval — December 19, 2008
ITEM: TEXAS 1033 PROGRAM
Department: Police Department
Staff Person: Bryan Williams
Justification: Consider executing the "State of Texas 1033 Program
Plans, Policies and Procedures" document required to
complete paperwork submission begun in July 2008 for
PD to receive surplus DOD personal property.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information: The Police department has participated for years in the
1033 Program, a US government program that allows
eligible law enforcement agencies to obtain free surplus
military equipment. Over the past several years the
Round Rock Police Department has obtained numerous
amounts of equipment such as night vision equipment,
weapons, blankets and cots for disaster relief,
computers and other miscellaneous needed equipment.
Public Comment:
UPDATED APRIL 2008