The Defense Department is overhauling the program that gives surplus military equipment to local police departments — but there is good reason to keep it going, Pentagon officials and representatives of national law enforcement groups told lawmakers on Thursday.
The transfer of surplus military equipment to local police departments had little impact on the unrest in Ferguson, Mo., after the fatal shooting of 18-year-old Michael Brown by a police officer on Aug. 9.
But images of heavily armed police amid the protests that followed was very much on the minds of members of a House Armed Services subcommittee looking into the issue.
“In light of these and other disturbing events around the country, it is incumbent on us to review this Department of Defense program,” said Rep. Niki Tsongas of Massachusetts, the ranking Democrat on the panel, referring to Ferguson.
The overwhelming majority of the equipment transferred under the program — 96 percent — is non-lethal items such as commercial vehicles, office furniture and supplies, generators, tents, tarps, tool kits, first-aid kits, blankets, safety glasses and hand tools — not the small arms and armored vehicles such as the MRAPs used by troops in Afghanistan and Iraq, said Alan Estevez, principal deputy undersecretary of defense for acquisition, logistics and technology and Vice Adm. Mark Harnitchek, director of the Defense Logistics Agency.
The program does not include items that have only offensive military value, such as belt-fed machine guns. “None of those are authorized for transfer,” Harnitchek said.
He said Pentagon officials have removed some items that were previously provided after determining they were not appropriate for police use, such as military helmets, body armor and camouflage uniforms currently used by U.S. troops.
“I don’t like seeing any of the police agencies in my state in military-style uniforms. I think that’s un-American,” responded Rep. Austin Scott, R-Ga.
But the program remains controversial, and lawmakers have been putting pressure on the Pentagon for further changes and stricter accountability of how the equipment is used. Some want the program eliminated outright, a proposal that drew pushback from representatives of national police groups.
“The 1033 program has provided the necessary equipment to protect our brave officers and provide security and effective response to our communities,” said Mark Lomax, executive director of the National Tactical Officers Association.
“Completely eliminating it could have substantial impact on public safety and local budgets,” added Jim Bueermann, president of the Police Foundation and the retired chief of the Redlands, Calif., police department.
Bueermann proposed a number of reforms that would make the program more accountable to local communities, including a requirement for public input and approval of a local governing body before police receive any surplus military equipment, as well as public disclosure of how and how often the equipment is to be used.
He also suggested that the program include a requirement officers be trained on the proper use of the equipment.
“Simply handing an untrained officer the keys to a surplus MRAP is a recipe for problems,” he said.
Though the Pentagon requires police departments to demonstrate eligibility for transfers and to maintain control of inventory, the program does not include local oversight, and the Defense Department does not dictate the ways in which they are used by local police.
“We think that would be a bad idea,” Estevez said.
Lomax said his group is conducting a survey of how often police use special weapons and tactics, which includes questions about the decisions that go into the acquisition and use of surplus military equipment. The results should be ready in January, he said.
“One of the biggest concerns … it’s not the equipment, it’s not the personnel. It’s the decision-making,” he said.
